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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...

 

HTMLFederal Bank Regulators Propose New Long-Term Liquidity Standards
Lisa M. Ledbetter, Courtney Lyons Snyder; Jones Day;
Legal Alert/Article
June 23, 2016, previously published on June 2016
The Board of Governors of the Federal Reserve System ("Board"), Office of the Comptroller of the Currency ("OCC"), and Federal Deposit Insurance Corporation ("FDIC") (collectively, the "Agencies") each recently released a joint proposed rule, Net Stable...

 

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...

 

HTMLSupreme Court Rejects Lawsuits by Plaintiffs Who Cannot Show "Real" Injury
Darren K. Cottriel, Meir Feder, Daniel J. (Dan) McLoon, Brian J. Murray, John A. Vogt; Jones Day;
Legal Alert/Article
June 16, 2016, previously published on May 2016
On May 16, 2016, the U.S. Supreme Court decided Spokeo Inc. v. Robins, No. 13-1339, a closely watched case addressing whether federal lawsuits can be filed by plaintiffs who have suffered no concrete injury aside from the violation of a federal statute. The case is of particular interest to...

 

Adobe PDFDOL Mandates 100% Increase in Minimum Salary to Satisfy Fair Labor Standards Act White Collar Overtime Exemptions
Fred W. Alvarez, Craig S. Friedman, Michael J. Gray, Brian M. Jorgensen, Teresa R. Rodela; Jones Day;
Legal Alert/Article
June 16, 2016, previously published on May 2016
On May 18, 2016, the U.S. Department of Labor ("DOL") issued its final rule updating and revising the overtime exemptions for executive, administrative, and professional employees under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 201, et seq. (the "Final...

 

HTMLAustralian Class Action Settlements Declined Due to Substantial Detriment to Class Members
John Emmerig, Joshua Kang, Michael Legg; Jones Day;
Legal Alert/Article
June 16, 2016, previously published on May 2016
The applicants and class members were investors in forestry plantation managed investment schemes that failed. Originally three inter-related class actions were commenced on 22 December 2011 in relation to schemes from 2007, 2008 and 2009. In one proceeding, the claims were made against the two...

 

HTMLDeciphering Sikkelee: Implications for Aviation Claims and Product Manufacturers
Tarah E. Ackerman, Kevin D. Boyce, Erin L. Burke, John D. Goetz, Devin A. Winklosky; Jones Day;
Legal Alert/Article
June 16, 2016, previously published on May 2016
On April 19, 2016, the Third Circuit issued its long-awaited decision in Sikkelee v. Precision Airmotive Corp. et al.[1] Aviation product manufacturers had hoped the opinion, which considered whether the Federal Aviation Act ("Act") and Federal Aviation Act ("FAA") regulations...

 


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