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HTMLAuthorities Increasing Scrutiny of Employee Noncompete Agreements
Kathryn M. (Kathy) Fenton, Margaret A. (Peggy) Ward; Jones Day;
Legal Alert/Article
July 10, 2016, previously published on June 2016
U.S. authorities are increasingly scrutinizing noncompete provisions made part of employment agreements, with close focus on provisions restricting junior-level and low-wage employees. Common in technology firms, which frequently deal with proprietary information, noncompetes are becoming more...

 

HTMLSupreme Court Affirms Existing Rules for Inter Partes Review Proceedings
Gregory A. (Greg) Castanias, Anthony M. Insogna, David M. (Dave) Maiorana, John A. Marlott, Sasha Mayergoyz; Jones Day;
Legal Alert/Article
July 7, 2016, previously published on June 2016
On June 20, 2016, the United States Supreme Court issued its opinion in Cuozzo Speed Technologies, LLC v. Lee, marking a rare instance in which the Court affirmed the Federal Circuit on all issues presented. The Supreme Court addressed two key questions: (i) whether decisions by the Patent Trial...

 

HTMLProjects Disputes in Australia: Recent Cases
Simon Bellas, John B. Cooper, Steven W. Fleming, Stephen McComish; Jones Day;
Legal Alert/Article
July 7, 2016, previously published on June 2016
In the Queensland Supreme Court, Sierra Property ("Sierra") successfully overturned an adjudication award obtained by its builder, National Construction Management ("NCM"), on the basis that the adjudicator failed to provide adequate reasons in accordance with s26(3) of the...

 

HTMLCorporations in the Cross-Hairs: A View from the Product-Liability Trenches
David B. Alden, Mark A. Belasic, Stephanie E. Parker; Jones Day;
Legal Alert/Article
July 7, 2016, previously published on June 2016
The United States finds itself in another political Olympiad-and a remarkable, unpredictable one at that. More than in past campaigns, the major parties’ leading candidates have targeted American corporations, regularly railing against the supposedly outsized and pernicious power and...

 

HTMLAgencies Establish Baseline Cybersecurity Safeguards for Information Systems Containing Federal Contract Information
Chad O. Dorr, Christopher M. Tipler, D. Grayson Yeargin; Jones Day;
Legal Alert/Article
June 26, 2016, previously published on June 2016
Continuing its race to protect sensitive data, the United States federal government recently added cybersecurity requirements that establish basic safeguards governing information systems that government contractors must implement for new procurements. Effective June 15, 2016, the government is...

 

HTMLTax Court Rejects IRS Transfer Pricing Approach in Medtronic
Joseph A. (Joe) Goldman, Lori A. Hellkamp, Karl L. Kellar, Edward T. (Ed) Kennedy; Jones Day;
Legal Alert/Article
June 26, 2016, previously published on June 2016
Medtronic Inc. & Consolidated Subsidiaries v. Commissioner (T.C. Memo. 2016-112) is the latest defeat for the U.S. Internal Revenue Service ("IRS") in a string of transfer pricing losses. The IRS sought to increase royalties payable from a Puerto Rico affiliate to Medtronic, Inc....

 

HTMLSupreme Court Decides Validity of Implied False Certification Theory in Universal Health Services v. Escobar
J. Andrew (Andy) Jackson, Laura F. Laemmle-Weidenfeld, Brian J. Murray, Kenton James Skarin, Stephen G. (Steve) Sozio; Jones Day;
Legal Alert/Article
June 26, 2016, previously published on June 2016
On June 16, 2016, the U.S. Supreme Court decided Universal Health Services v. United States ex rel. Escobar, a widely anticipated decision with implications for health care provider and government contractor liability under the False Claims Act ("FCA"). The case addressed whether the...

 

HTMLDirect Claims Against UK Insurers of Insolvent Defendants
Tyrone R. (Ty) Childress, Ian F. Lupson, Barnaby C. Stueck; Jones Day;
Legal Alert/Article
June 26, 2016, previously published on June 2016
On 1 August 2016, six years after it received Royal Assent, the UK Third Parties (Rights Against Insurers) Act 2010 (the "2010 Act") will finally come into force. It is expected to provide an effective mechanism for third-party claimants to seek recovery directly from an insolvent...

 

HTMLSupreme Court Upends Law of Treble Damages in Patent Cases
Gregory A. (Greg) Castanias, Randy Kay, Greg Lanier, David M. (Dave) Maiorana, Kelsey I. Nix; Jones Day;
Legal Alert/Article
June 23, 2016, previously published on June 2016
On June 13, 2016, the United States Supreme Court dealt the Federal Circuit another reversal on an issue of law fundamental to patent infringement litigation. Prior to the Court's decision in Halo Electronics, Inc. v. Pulse Electronics, Inc., No. 14-1513 (which was consolidated for decision with...

 

HTMLThird Time's a Charm for Net Neutrality: D.C. Circuit Upholds FCC's Reclassification of Broadband
Michael B. Hazzard, Bruce A. Olcott, Preston N. Thomas; Jones Day;
Legal Alert/Article
June 23, 2016, previously published on June 2016
After seven years and three tries, the Federal Communications Commission ("FCC") appears to have found the winning combination for a defensible net neutrality policy. In a sweeping 2-1 decision, the U.S. Court of Appeals for the D.C. Circuit upheld the 2015 "Open Internet...

 


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