Jones Day Document Search Results (361)
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|Jury Finds for Drug Manufacturers in First Post-Actavis "Reverse Payment" Trial|
Jonathan Berman, Benjamin H. Cheng, Aimee E. DeFilippo, Kevin D. McDonald; Jones Day;
December 16, 2014, previously published on December 2014In the first "reverse payment" trial since the U.S. Supreme Court’s Actavis decision held that "reverse payment" settlements potentially could be found anticompetitive under a rule of reason analysis, a federal jury in Massachusetts has returned a verdict in favor of the...
|DOJ Brings "Gun Jumping" Enforcement Action and Requires Disgorgement|
Kathryn M. Fenton, J. Bruce McDonald, Thomas D. York; Jones Day;
December 16, 2014, previously published on November 2014The U.S. Department of Justice has announced the settlement of an enforcement action challenging illegal "gun jumping," which is the coordination of the business activities of companies that are planning a merger but where the government has not completed its pre-closing review of the...
|DIP Lender's Knowledge of Adverse Claim to Collateral Scuttles Mootness Bar to Appeal of Financing Order Based on "Good Faith"|
Mark G. Douglas, Paul M. Green, Thomas A. Howley; Jones Day;
December 16, 2014, previously published on November/December 2014The Bankruptcy Code provides certain protections to buyers of bankruptcy estate assets and to entities that extend credit or financing to a trustee or chapter 11 debtor-in-possession ("DIP"). However, these safe harbors are available only if a buyer or lender is deemed to have acted in...
|In Search of the Meaning of "Unreasonably Small Capital" in Constructively Fraudulent Transfer Avoidance Litigation|
Mark G. Douglas, Jane Rue Wittstein; Jones Day;
December 16, 2014, previously published on November/December 2014The meaning of "unreasonably small capital" in the context of constructively fraudulent transfer avoidance litigation is not spelled out in the Bankruptcy Code. As a result, bankruptcy courts have been called upon to fashion their own definitions of the term. Nonetheless, the courts that...
|Australia Court Rejects Antitrust Challenge to Air Cargo Cartel, Finding "No Market in Australia"|
Sébastien J. Evrard, John M. Majoras, J. Bruce McDonald, Prudence J. Smith, Nick Taylor; Jones Day;
December 10, 2014, previously published on November 2014The Federal Court of Australia has dismissed the court action brought by the Australian Competition and Consumer Commission (ACCC) relating to air cargo price fixing. The lawsuit was commenced against 15 international airlines, but ultimately pursued against just two airlines, Air New Zealand and...
|Will Evaporated Cane Juice Be Sweet for Class Action Plaintiffs?|
Mark Mansour, Stephanie L. Resnik, Emily K. Strunk; Jones Day;
December 10, 2014, previously published on November 2014The past few years have seen a remarkable growth in the number of class actions directed at food labels. Noteworthy about these cases is not merely how many have been filed but their nature as well. There's nothing novel about alleging that a product label (including a food label) is false or...
|Activist Overthrows Entire Darden Board of Directors: What It Means for Senior Managements|
Lyle G. Ganske, Jennifer C. Lewis, Robert A. Profusek, Lizanne Thomas, Erin S. de la Mare; Jones Day;
November 12, 2014, previously published on October 2014Starboard's 100 percent replacement of Darden Restaurants' board is a landmark activist event. Never before has any board been wholly thrown out of office absent a fundamental financial or operational meltdown. There is little doubt this will embolden activists, and likely stimulate one-upmanship...
|Texas Supreme Court Limits the Enforceability of No-Delay-Damages Provisions|
Scott W. Cowan, Kent W. Lindsay, Andrew D. Ness, William R. Taylor, J. Laurens Wilkes; Jones Day;
November 12, 2014, previously published on October 2014The Texas Supreme Court held that a no-delay-damages provision cannot shield an owner from liability for deliberately and wrongfully interfering with a contractor's work. Zachry Constr. Corp. v. Port of Houston Auth., No. 12-0772, 2014 Tex. LEXIS 768, at *43 (Tex. Aug. 29, 2014). The court not only...
|Antitrust Alert: U.S. Federal Court Provides Guidance on Treating Joint Ventures as a "Single Entity" for Antitrust Purposes|
Thomas Demitrack, Kathryn M. Fenton, Peter A. Julian, Toby G. Singer; Jones Day;
November 12, 2014, previously published on October 2014The United States District Court for the Southern District of Ohio has unsealed its summary judgment opinion in The Medical Center at Elizabeth Place v. Premier Health Partners. The Court granted summary judgment in favor of the defendants-four hospital systems that operated pursuant to a joint...
|Singapore's Data Protection Law|
Elaine Ho, Sushma Jobanputra, Anita Leung, Mauricio F. Paez; Jones Day;
November 12, 2014, previously published on October 2014Vast amounts of personal data are collected from or about individuals every day, and then used and transferred by organizations. In response to this growing trend and concerns regarding how such personal data is used, Singapore recently introduced the Personal Data Protection Act (Act 26 of 2012)...