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HTMLThird Circuit Approves Structured Dismissal of Chapter 11 Case That Includes Settlement Deviating From Bankruptcy Code’s Priority Scheme
Mark G. Douglas, Charles M. Oellermann; Jones Day;
Legal Alert/Article
August 6, 2015, previously published on July/August 2015
A “structured dismissal” of a chapter 11 case following a sale of substantially all of the debtor’s assets has become increasingly common as a way to minimize costs and maximize creditor recoveries. However, only a handful of rulings have been issued on the subject, perhaps...

 

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:...

 

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).

 

HTMLCourt of Appeals Affirms $237 Million Judgment Against Community Hospital
B. Kurt Copper, Benjamin B. Menker; Jones Day;
Legal Alert/Article
August 4, 2015, previously published on July 2015
Health care providers, government contractors, and others defending investigations and lawsuits under the False Claims Act ("FCA") face many difficult strategic considerations. In cases involving complex underlying regulatory schemes, those decisions become even more critical and can...

 

HTMLGermany Rushes to Adopt a New IT Security Act
Wolfgang Büchner, Ted-Philip Kroke, Undine von Diemar; Jones Day;
Legal Alert/Article
July 31, 2015, previously published on July 2015
The German Federal Council (Bundesrat) has approved the Act regarding Improved Security of Information Technology systems ("IT Security Act") on July 10, 2015 without seeing a need to defer it to the Reconciliation Committee (Vermittlungsschuss). Shortly before, on June 12, 2015, the...

 

HTMLEPA’s Proposed Endangerment Finding for Aircraft Greenhouse Gas Emissions Opens Door to Additional Industry Regulation
Jennifer M. Hayes, Rebecca MacPherson, John A. Rego, Charles T. Wehland; Jones Day;
Legal Alert/Article
July 31, 2015, previously published on July 2015
On June 10, 2015, the United States Environmental Protection Agency ("EPA") proposed an endangerment finding that it calls "a preliminary but necessary first step to begin to address GHG emissions from the aviation sector" under the Clean Air Act ("CAA").[1] EPA also...

 

HTMLEU Court Considers Antitrust Liability for Failing to React to Third Party Actions
Alan Davis, Yvan N. Desmedt, Matt Evans, Alexandre G. Verheyden; Jones Day;
Legal Alert/Article
July 31, 2015, previously published on July 2015
An advisor to Europe's highest court, the Court of Justice of the European Union ("CJEU"), is encouraging the CJEU to adopt a strict standard for companies to distance themselves from potentially anticompetitive actions by a third party with which they do business. In a case involving...

 

HTMLUK's Competition Authority Sends Message, Clarifies Criteria for Ruling on Pharma Discounts
Alan Davis, Matt Evans, Francesco Liberatore; Jones Day;
Legal Alert/Article
July 31, 2015, previously published on July 2015
The UK's Competition and Markets Authority ("CMA") has closed an investigation under competition rules into certain discounts and rebates in the pharmaceutical sector.[1] Rather than taking enforcement action or concluding that the pricing practice does not infringe UK/EU competition law,...

 

HTMLCourt Affirms FTC's New HSR Rule on Pharmaceutical Patent License Transfers
Michael H. Knight, Bevin M.B. Newman, Geoffrey D. Oliver, Michael Sennett, Pamela L. Taylor; Jones Day;
Legal Alert/Article
July 28, 2015, previously published on July 2015
The D.C. Circuit has rejected a challenge by the Pharmaceutical Research and Manufacturers of America ("PhRMA") to an FTC rule that makes the HSR Act reporting requirements cover pharmaceutical patent licenses that transfer "all commercially significant rights." The rule,...

 

HTMLOfcom Consults on Proposed Shake-Up of UK Telecoms Market
Francesco Liberatore, Bruce A. Olcott; Jones Day;
Legal Alert/Article
July 28, 2015, previously published on July 2015
Ofcom, the UK's communications regulator, has published a discussion document on its Strategic Review of Digital Communications. The document outlines possible changes to the regulatory regime applying to all digital communications services in the UK, including broadband, mobile, landline and...

 


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