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HTMLNew Telecommunications Privacy Rules for U.S. Broadband Providers
Bruce A. Olcott, Mauricio F. Paez, Preston N. Thomas; Jones Day;
Legal Alert/Article
February 26, 2015, previously published on February 2015
Turn-of-the-century common carrier regulation is about to be imposed on providers of broadband internet services in the United States; all that remains to be determined is the details, and there are a lot of them in dispute. On February 4, 2015, Chairman Tom Wheeler of the Federal Communications...

 

HTMLFederal Circuit Issues Foundational Decision in First IPR Appeal: In re Cuozzo Speed Technologies, LLC
Gregory A. Castanias, David B. Cochran, Matthew W. Johnson, Jennifer L. Swize; Jones Day;
Legal Alert/Article
February 26, 2015, previously published on February 2015
On February 4, 2015, in a 2¿1 decision addressing two novel and foundational issues arising under the newly created inter partes review ("IPR") proceedings of the America Invents Act of 2011 ("AIA"), the Federal Circuit held that (i) institution decisions by the Patent...

 

HTMLOpportunities in Oil Financing and Investment: Meeting the Industry's Capital Needs in Challenging Times
Isaac Griesbaum, Kit Rockhill, Omar Samji; Jones Day;
Legal Alert/Article
February 26, 2015, previously published on February 2015
With crude oil prices tumbling nearly 60 percent since June 2014 to near six-year lows, the decline in energy company stocks alone has erased more than $263 billion in market value. Oil companies and investors alike are scrambling to adjust to lower oil prices. Oil producers in particular are in...

 

HTMLSEC Proposes Disclosure Regarding Hedging Policies
Bradley C. Brasser, Boris Dolgonos, Charles T. Haag, J. Eric Maki, W. Stuart Ogg; Jones Day;
Legal Alert/Article
February 26, 2015, previously published on February 2015
On February 9, 2015, the SEC issued a proposing release to implement certain provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act ("Dodd-Frank"). This proposed rule will require companies to disclose whether employees and directors are permitted to or prohibited...

 

HTMLSecond Circuit Rules That Equitable Mootness Applies in Chapter 11 Liquidations as Well as Reorganizations
Mark G. Douglas, Timothy Hoffmann; Jones Day;
Legal Alert/Article
February 26, 2015, previously published on January/February 2015
In Beeman v. BGI Creditors' Liquidating Trust (In re BGI, Inc.), 772 F.3d 102 (2d Cir. 2014), the U.S. Court of Appeals for the Second Circuit considered whether the doctrine of "equitable mootness" applied to the appeal of a confirmation order approving a liquidating chapter 11 plan. In...

 

HTMLCourt Rules That Trademark Licensees Are Protected by Section 365(n) and That Licensees’ Rights Cannot Be Extinguished by Sale Free and Clear Absent Consent
Mark G. Douglas, Benjamin Rosenblum; Jones Day;
Legal Alert/Article
February 26, 2015, previously published on January/February 2015
Protections added to the Bankruptcy Code in 1988 that give some intellectual property ("IP") licensees the right to continued use of licensed property notwithstanding rejection of the underlying license agreement do not expressly apply to trademark licenses. As a consequence, a trademark...

 

HTMLConsumer Associations Will Be Entitled to Bring Collective Action for Data Protection Violations
Undine von Diemar; Jones Day;
Legal Alert/Article
February 26, 2015, previously published on February 2015
The German Federal Cabinet has adopted draft legislation that, if approved, will allow civil claims to enforce violations of data protection provisions protecting consumer rights (Entwurf eines Gesetzes zur Verbesserung der zivilrechtlichen Durchsetzung von verbraucherschützenden Vorschriften...

 

HTMLProcedures for the Administration of Arbitration under the UNCITRAL Arbitration Rules
Phillip Georgiou, Ashley M. Howlett, Robert L. Thomson; Jones Day;
Legal Alert/Article
February 26, 2015, previously published on February 2015
The Hong Kong International Arbitration Centre ("HKIAC") has introduced the new HKIAC Procedures for the Administration of Arbitration under the UNCITRAL Arbitration Rules (the "New Procedures"), effective as of January 1, 2015. The New Procedures provide one system that...

 

HTMLAre Club Packs a Promotional Service? Allegation Upheld in Price Discrimination Case
Thomas Demitrack, Kathryn M. Fenton, Rachel Hadass Zernik; Jones Day;
Legal Alert/Article
February 26, 2015, previously published on February 2015
A federal district court in Wisconsin has denied a motion to dismiss an antitrust suit accusing a manufacturer of violating the Robinson-Patman Act by offering "club pack" or "large pack" products only to club stores (like Costco and Sam's Club) and not to "general...

 

HTMLBill Introduced in Congress Calls for Private Enforcement of All Food Regulations and Would Weaken Preemption Defenses
Jonathan Berman; Jones Day;
Legal Alert/Article
February 26, 2015, previously published on January 2015
Recent years have seen a surge in private class actions alleging that food labels are misleading or misbranded. The viability of many of these cases, however, has been limited by two important provisions of the Food, Drug, and Cosmetic Act ("FDCA"). Section 310 provides that only the...

 


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