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HTMLEleventh Circuit Reaffirms Rejection of "Piggybacking" in Class Actions
Michael F. Dolan, Daniel John Fabiano, Gregory R. Hanthorn, J. Todd Kennard; Jones Day;
Legal Alert/Article
August 11, 2015, previously published on August 2015
A recent Eleventh Circuit decision that rejected a putative class representative's attempt to "piggyback" onto a previous class action may provide a defense to companies faced with seriatim class actions. The court found that the pendency of a previous class claim-even where the class was...

 

HTMLCalifornia Amends Its New Paid Sick Leave Statute
George S. Howard, Ramon David Ramirez; Jones Day;
Legal Alert/Article
August 11, 2015, previously published on August 2015
Late last year, California Governor Jerry Brown signed the California Healthy Workplaces, Healthy Families Act of 2014 ("Act"), which requires all California employers to provide at least three paid sick days per year to employees, with only very limited exceptions. The Act further...

 

HTMLGermany Criminalizes Corruption in the Health Care System
Christian B. Fulda; Jones Day;
Legal Alert/Article
August 10, 2015, previously published on August 2015
On July 29, 2015, the German government adopted a Draft Act against corruption in the health care system (Entwurf eines Gesetzes zur Bekämpfung der Korruption im Gesundheitswesen, the "Draft Act"). The Draft Act marks a significant step in the fight against corruption in Germany's...

 

HTMLIn Brief: Delaware Chancery Court Rules That Creditor Does Not Forfeit Standing to Bring Derivative Suit if Corporation Becomes Solvent
Mark G. Douglas; Jones Day;
Legal Alert/Article
August 10, 2015, previously published on July/August 2015
In a matter of first impression, the Delaware Court of Chancery held in Quadrant Structured Products Co. Ltd. v. Vertin, No. 6990-VCL, 2015 BL 128889 (Del. Ch. May 4, 2015), that a creditor suing derivatively on behalf of an insolvent corporation does not lose standing to prosecute the derivative...

 

HTMLTexas District Court Affirms Bankruptcy Court’s Use of Claim Estimation Process
Bryan Mann Kotliar; Jones Day;
Legal Alert/Article
August 6, 2015, previously published on July/August 2015
Many companies that file for bankruptcy protection have liabilities that cannot be definitively quantified as of the bankruptcy petition date. Such “unmatured,” “contingent,” “unliquidated,” or “disputed” debts could arise from, among other things:...

 

HTMLIn re Seaside Engineering: Eleventh Circuit Holds Fast on Legitimacy of Nonconsensual Third Party Plan Releases
Genna L. Ghaul; Jones Day;
Legal Alert/Article
August 6, 2015, previously published on July/August 2015
In a recent decision, the United States Court of Appeals for the Eleventh Circuit reaffirmed its position sanctioning, under appropriate circumstances, nonconsensual third party release provisions in chapter 11 plans. In SE Prop. Holdings, LLC v. Seaside Eng’g & Surveying, Inc.(In re...

 

HTMLRapid Growth in Online Lending Prompts Information Request from U.S. Treasury
Lisa M. Ledbetter, Ralph F. MacDonald; Jones Day;
Legal Alert/Article
August 6, 2015, previously published on July 2015
The U.S. Treasury Department (the "Treasury") has issued a Request for Information ("RFI") on online marketplace lending, including peer-to-peer lending ("Online Lending") in the U.S. 80 F.R. 42866-68 (July 20, 2015).

 

HTMLTax Court Overturns IRS Cost-Sharing Regulation
Joseph A. Goldman, Karl L. Kellar, Edward T. Kennedy, Jerry N. Smith, Raymond J. Wiacek; Jones Day;
Legal Alert/Article
August 6, 2015, previously published on July 2015
On July 27, 2015, in Altera Corporation v. Commissioner, 145 T.C. No. 3 (2015), the Tax Court held Treasury regulation section 1.482-7(d)(2) (the "Regulation") invalid. This decision is significant to taxpayers who are parties to cost-sharing arrangements with foreign affiliates but, if...

 

HTMLWellness International: U.S. Supreme Court Rules That Bankruptcy Courts May Adjudicate “Stern Claims” With Litigants’ Consent
Genna L. Ghaul, Jane Rue Wittstein; Jones Day;
Legal Alert/Article
August 6, 2015, previously published on July/August 2015
"In Wellness Int’l Network, Ltd. v. Sharif, &under;&under;&under; U.S. &under;&under;&under;, 135 S. Ct. 1932 (2015), a divided U.S. Supreme Court resolved the circuit split regarding whether a bankruptcy court may, with the consent of the litigants, adjudicate a claim that, though...

 

HTMLThe Global Patent Prosecution Highway: Enhancing Attractiveness for Applicants and Patent Offices
Matthias S. Euler, Andreas Holzwarth-Rochford, Dorothee Weber-Bruls; Jones Day;
Legal Alert/Article
August 6, 2015, previously published on July 2015
During the last couple of years, a considerable number of Patent Prosecution Highway ("PPH") programs between national and regional patent offices were launched. Five years ago, we commented on those involving the European Patent Office ("EPO"), the United States Patent and...

 


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