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HTMLIRS Denies Tax-Exempt Status to Non-MSSP ACO
Gerald M. (Gerry) Griffith, Catherine E. (Cathy) Livingston; Jones Day;
Legal Alert/Article
May 18, 2016, previously published on April 2016
Earlier this month, the IRS released a denial of an exemption application for an accountable care organization ("ACO") outside of the Medicare Shared Savings Program ("MSSP") that was seeking exemption under section 501(c)(3). This is the first publicly available IRS ruling on a...

 

HTMLITC ALJ Potentially Weakens R&D-Based Domestic Industry
Richard (Rich) Fieman, Blaney Harper, David M. (Dave) Maiorana; Jones Day;
Legal Alert/Article
May 18, 2016, previously published on April 2016
On April 26, 2016, International Trade Commission ("ITC") Administrative Law Judge ("ALJ") Lord issued the public version of her final initial determination ("ID") in Certain Electric Skin Care Devices, Brushes and Chargers Therefor, and Kits Containing Same, ITC Inv....

 

HTMLQueensland Parliament Passes Environmental Chain of Responsibility Legislation: Investors Off the Hook but Directors Remain Accountable
Brett Heading, James I. Parker, Tony J. Wassaf; Jones Day;
Legal Alert/Article
May 18, 2016, previously published on April 2016
Further to the Alert issued by Jones Day in March, the Queensland Parliament passed the Environmental Protection (Chain of Responsibility) Amendment Act 2016 (Qld) (Amendment Act) on 22 April 2016.

 

HTMLU.S. DOJ Requires HSR Filing by Activist Investors, Rejecting Claim of "Passive Investment"
James P. Dougherty, Lyle G. Ganske, Michael H. (Mike) Knight, Bevin M.B. Newman, Lizanne Thomas; Jones Day;
Legal Alert/Article
May 10, 2016, previously published on April 2016
The Department of Justice has filed a lawsuit claiming that two ValueAct Capital funds violated the Hart-Scott-Rodino Act by acquiring over $2.5 billion of voting securities in two oilfield services companies, Halliburton and Baker Hughes, without filing an HSR notification with the federal...

 

HTMLQuestioning Recent ISS Study on the Impact of Board Leadership Structures on CEO Pay
Lyle G. Ganske, Daniel C. Hagen, Robin C. Melman, Robert A. (Bob) Profusek, Lizanne Thomas; Jones Day;
Legal Alert/Article
May 10, 2016, previously published on April 2016
Institutional Shareholder Services ("ISS") published a report in March 2016 arguing that CEO compensation is impacted by companies' board structures. More specifically, ISS argues that CEOs of companies with boards chaired by an "insider" have higher compensation than CEOs of...

 

HTMLEPA's Consideration of Costs Leaves MATS Rule Unchanged
Alina Fortson, Charles T. (Chuck) Wehland; Jones Day;
Legal Alert/Article
May 10, 2016, previously published on April 2016
On April 14, 2015, the U.S. Environmental Protection Agency ("EPA") submitted for publication in the Federal Register a Supplemental Finding,[1] explaining how the agency took costs into account in promulgating Mercury and Air Toxics Standards for power plants (the "MATS Rule")...

 

HTMLThe House Judiciary Committee Approves the Senate's Version of the Defend Trade Secrets Act
Kenneth S. (Ken) Canfield, Douglas L. (Doug) Clark, Randy Kay, Christopher M. (Chris) Morrison, Kelsey I. Nix; Jones Day;
Legal Alert/Article
May 10, 2016, previously published on April 2016
Legislation for the nation's first federal civil trade secret protection statute has come closer to enactment into law, with the House Judiciary Committee's approval of the bill on April 20, 2016.

 

HTMLU.S. DOJ and FTC Promise Pentagon Aggressive Antitrust Enforcement in Defense Mergers
Kathryn M. (Kathy) Fenton, Peter J. Love, Laura E. Malament, J. Bruce McDonald; Jones Day;
Legal Alert/Article
May 10, 2016, previously published on April 2016
In September 2015, the Antitrust Division of the U.S. Department of Justice approved Lockheed Martin's $9 billion acquisition of Sikorsky Aircraft, without even issuing a Second Request. Though the Department of Defense supported the combination, DOD immediately issued a warning that it would not...

 

HTMLAustralian Antitrust Enforcer Pursues Alleged Egg Cartel
Prudence Smith, Nick Taylor; Jones Day;
Legal Alert/Article
May 10, 2016, previously published on April 2016
The Australian Competition and Consumer Commission (the ACCC) has announced it will appeal the Federal Court's decision dismissing the ACCC's proceedings against the Australian Egg Corporation Limited (AECL), a trade association for egg producers, and four other corporate and individual respondents.

 

HTMLUSPTO Proposes Amendments to Streamline TTAB Procedure
Jessica D. Bradley, John G. Froemming, Susan M. Kayser, Elizabeth A. (Liz) McKenzie, Meredith M. Wilkes; Jones Day;
Legal Alert/Article
May 10, 2016, previously published on April 2016
On Monday, April 4, 2016, the United States Patent and Trademark Office ("USPTO") issued proposed amendments to the Trademark Rules of Practice aimed at streamlining proceedings before the Trademark Trial and Appeal Board ("TTAB") that include significant changes to discovery...

 


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