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HTMLEPA Takes Final Action Requiring Revision of Startup, Shutdown, and Malfunction Air Regulations in 36 States
Mary Beth Deemer, Thomas M. Donnelly, G. Graham Holden, Kevin P. Holewinski, Jane K. Murphy; Jones Day;
Legal Alert/Article
June 17, 2015, previously published on June 2015
On May 22, 2015, the United States Environmental Protection Agency ("EPA") took a final action on a petition filed by the Sierra Club that will require revision of existing air regulations governing emissions during periods of startup, shutdown, and malfunction ("SSM") in 36...

 

HTMLClarifying or Confirming the Extent of Process Exclusion under Art. 53(b) EPC? Decisions G 2/12 and G 2/13 of the Enlarged Board of Appeal of the European Patent Office
Olga Bezzubova, Diana C. Leguizamon-Morales, John Podtetenieff; Jones Day;
Legal Alert/Article
June 17, 2015, previously published on June 2015
The Enlarged Board of Appeal ("EBA") recently issued its joint decision on referrals G 2/12 and G 2/13—known as "Tomatoes II" and "Broccoli II"—clarifying the European Patent Office's ("EPO") position on the patentability of plants and plant parts...

 

HTMLNew Polish Restructuring Law
Mark G. Douglas; Jones Day;
Legal Alert/Article
June 15, 2015, previously published on May/June 2015
On April 9, 2015, Poland’s National Assembly (Zgromadzenie Narodowe) adopted a new Restructuring Law, with the goal of introducing an effective mechanism to restructure a debtor-company’s business and prevent liquidation. The Restructuring Law, which is expected to become effective on...

 

HTMLFrom the Top in Brief
Mark G. Douglas; Jones Day;
Legal Alert/Article
June 15, 2015, previously published on May/June 2015
On May 4, 2015, the U.S. Supreme Court handed down its first 2015 ruling in a case involving an issue of bankruptcy law. In Bullard v. Blue Hills Bank, No. 14-116, 2015 BL 129010, --- S. Ct. --- (May 4, 2015), the court reviewed a ruling by the First Circuit Court of Appeals that an order of a...

 

HTMLNo Decision From Eighth Circuit on Validity of Ponzi Scheme Presumption
Dan T. Moss; Jones Day;
Legal Alert/Article
June 15, 2015, previously published on May/June 2015
In Ritchie Capital Mgmt., LLC v. Stoebner, 779 F.3d 857 (8th Cir. 2015), the U.S. Court of Appeals for the Eighth Circuit affirmed a bankruptcy court’s decision that transfers of trademark patents were avoidable under section 548(a)(1)(A) of the Bankruptcy Code and Minnesota state law because...

 

HTMLCredit Bidding Alert: Fifth Circuit Rules That Inaction Results in Waiver of Right to Credit Bid
Mark G. Douglas, Charles M. Oellermann; Jones Day;
Legal Alert/Article
June 10, 2015, previously published on May/June 2015
Even after the U.S. Supreme Court in RadLAX Gateway Hotel, LLC v. Amalgamated Bank, 132 S. Ct. 2065 (2012), pronounced in no uncertain terms that a secured creditor must be given the right to “credit bid” its claim in a bankruptcy sale of its collateral, the controversy over...

 

HTMLTrademark Licensees Beware: The Hypothetical Test Lives On in the Third Circuit
Mark G. Douglas, Christopher M. Healey; Jones Day;
Legal Alert/Article
June 10, 2015, previously published on May/June 2015
Trademark licensees that file for bankruptcy protection face uncertainty concerning their ability to continue using trademarks that are crucial to their businesses. Some of this stems from an unsettled issue in the courts as to whether a licensee can assume a trademark license without the...

 

HTMLSupreme Court Affirms Narrow Scope of Wartime Suspension of Limitations Act, Interprets False Claims Act "First to File" Rule
Peter F. Garvin, J. Andrew Jackson, Fernand A. Lavallee, Grant H. Willis, Donald G. Yeargin; Jones Day;
Legal Alert/Article
June 8, 2015, previously published on June 2015
In a unanimous decision issued on May 26, 2015, the United States Supreme Court closed the window that several lower courts had opened for bringing False Claims Act ("FCA") actions, finding that the Wartime Suspension Limitations Act ("WSLA"), 18 U.S.C. §3287, applies only...

 

HTMLDigital Health Law Update, Vol. I, Issue 3
Stephen E. Gillette, Alexis Slagle Gilroy, Kevin D. Lyles, Cristiana Spontoni, Soleil E. Teubner; Jones Day;
Legal Alert/Article
June 8, 2015, previously published on June 2015
On May 19, 2015, Alabama and Minnesota became the seventh and eighth states, respectively, to enact the Interstate Medical Licensure Compact, joining Idaho, Montana, Utah, South Dakota, Wyoming, and West Virginia. Adoption by the seventh state means the Compact is now effective for the adopting...

 

HTMLExit Tax on Eligible Assets that Become Subject to the French Reit-Like Regime
Nicolas Andre, Siamak Mostafavi, Alexios Theologitis; Jones Day;
Legal Alert/Article
June 8, 2015, previously published on June 2015
Companies that have elected for the specific REIT-like tax regime set forth under Articles 208 C et seq of the French tax code (Société d'Investissements Immobiliers Cotée, SIIC) are exempt from corporate income tax on (i) rental income (realized either directly or through tax...

 


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