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HTMLFDA Voices Privacy Concerns and Promotes Medical Device Cybersecurity with New Guidance, Collaborative Information-Sharing
Laurie A. Clarke, Alexis Slagle Gilroy, Colleen Heisey, Kevin D. Lyles, Mauricio F. Paez; Jones Day;
Legal Alert/Article
December 16, 2014, previously published on November 2014
Cybersecurity of medical devices poses unique challenges for industry and regulators, because of potential risks in device malfunction, disruption of medical care, and compromised patient data, as well as the challenge of balancing countervailing needs, such as patient safety and ensuring that...

 

HTMLNew Chilean Insolvency Law Promotes Reorganizations
Mark G. Douglas; Jones Day;
Legal Alert/Article
December 16, 2014, previously published on November/December 2014
A new insolvency law was approved by the Chilean Congress at the end of 2013 and became effective in October 2014. The legislation substantially overhauls Chile's prior insolvency law, particularly with respect to business insolvency cases. It incorporates a number of provisions that permit the...

 

HTMLFrench Tax Update - Draft Amending Finance Bill for 2014 and Noteworthy S2 Publications
Nicolas Andre, Siamak Mostafavi; Jones Day;
Legal Alert/Article
December 16, 2014, previously published on December 2014
The present French Tax Update will discuss (i) the Draft Amending Finance Bill for 2014 (Projet de loi de finances rectificative pour 2014, 2014 PLFR) that is currently being discussed before the French Parliament (in addition to the Draft Finance Bill for 2015 (Projet de loi de finances pour...

 

HTMLCausation in Australian Shareholder Class Actions Uncertain
John Emmerig, Michael Legg; Jones Day;
Legal Alert/Article
December 16, 2014, previously published on November 2014
The plaintiff, Camping Warehouse Australia Pty Ltd commenced proceedings in the Supreme Court of Victoria alleging that the defendant Downer EDI Limited breached its continuous disclosure obligations under s 674 of the Corporations Act 2001 (Cth) (the "Act") and the prohibition on...

 

HTMLNine Lessons From Detroit's Chapter 9 Case
Corinne Ball, Bruce Bennett, Beth Heifetz, Heather Lennox, Evan Miller; Jones Day;
Legal Alert/Article
December 16, 2014, previously published on November 2014
On November 7, 2014, Judge Steven Rhodes, the judge presiding over the City of Detroit's bankruptcy case, announced that he would confirm the City's proposed Plan of Adjustment (the "Plan"), including the creditor settlements contained within that Plan. A more detailed written opinion...

 

HTMLDIP Lender's Knowledge of Adverse Claim to Collateral Scuttles Mootness Bar to Appeal of Financing Order Based on "Good Faith"
Mark G. Douglas, Paul M. Green, Thomas A. Howley; Jones Day;
Legal Alert/Article
December 16, 2014, previously published on November/December 2014
The Bankruptcy Code provides certain protections to buyers of bankruptcy estate assets and to entities that extend credit or financing to a trustee or chapter 11 debtor-in-possession ("DIP"). However, these safe harbors are available only if a buyer or lender is deemed to have acted in...

 

HTMLCFPB Permits Online Posting of Annual Privacy Notices
Michael R. Butowsky, Lisa M. Ledbetter, Todd S. McClelland, Stephen J. Obie, Mauricio F. Paez; Jones Day;
Legal Alert/Article
December 16, 2014, previously published on November 2014
The Consumer Financial Protection Bureau ("CFPB") recently adopted a final rule that under certain conditions provides financial institutions it regulates with the option of posting annual consumer privacy notices online rather than mailing paper copies to customers (the "Privacy...

 

HTMLBetter Late Than Never: Claims Filed Years Late Did Not Waive Subordination Agreement Priorities or Warrant Equitable Subordination
Joseph A. Florczak; Jones Day;
Legal Alert/Article
December 16, 2014, previously published on November/December 2014
The Bankruptcy Code dictates the priority of distributions to the holders of allowed secured and unsecured claims in accordance with various statutory priority schemes. However, the Bankruptcy Code also provides that consensual pre-bankruptcy agreements between or among creditors that prioritize...

 

HTMLMexican President Peña Promulgates Regulations to the Secondary Laws of the Energy Reform
José Estandía, Mauricio E. Llamas C., William Prescott Mills, Alberto de la Parra Z.; Jones Day;
Legal Alert/Article
December 16, 2014, previously published on November 2014
Pursuant to the transitory articles of the Secondary Laws to Mexico's Energy Reform, enacted on August 11, 2014, Mexican President Enrique Peña Nieto has announced the issuance of a series of clarifying Regulations, with an effective date of October 31, 2014 (the "Regulations").

 

HTMLFederal Circuit Court Acknowledges Breadth of Workplace Rights in Adverse Action Claims
Adam Salter; Jones Day;
Legal Alert/Article
December 16, 2014, previously published on November 2014
In Evans v Trilab Pty Ltd [2014] FCCA 2464, Judge Lucev held that an adverse action claim can be based on the exercise of rights that do not arise from statutory, regulatory or contractual provisions and are only indirectly connected to employment.

 


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