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HTMLMexico's New Regulatory Framework for Oil and Gas: Transportation, Refining, Environmental, and Tax
Jose A. Estandia, Mauricio E. Llamas C., William Prescott Mills, Alberto de la Parra Z.; Jones Day;
Legal Alert/Article
October 16, 2014, previously published on October 2014
Under the new hydrocarbons legislation, the Comisión Reguladora de Energìa ("CRE," the National Energy Regulatory Commission of Mexico) will have jurisdiction over the transportation, storage, distribution, compression, liquefaction, and decompression of hydrocarbons,...

 

HTMLQuestioning the Executoriness of Trademark Licenses in Integrated Agreements
Mark G. Douglas, Laura L. Swanson; Jones Day;
Legal Alert/Article
October 16, 2014, previously published on September/October 2014
Protections added to the Bankruptcy Code in 1988 that give some intellectual property (“IP”) licensees the right to continued use of licensed property notwithstanding rejection of the underlying license agreement do not expressly apply to trademark licenses. As a consequence, a...

 

HTMLThe Netherlands to Expand its Fiscal Unity Regime to Second-Tier Subsidiaries and Sister Companies Following EU Court of Justice Ruling
Jones Day;
Legal Alert/Article
October 16, 2014, previously published on October 2014
On June 12, 2014, the EU Court of Justice ("ECJ") ruled in two joint cases that the Dutch fiscal unity regime infringes on the EU freedom of establishment, because it does not allow a fiscal unity between (i) a Dutch resident parent company and its second-tier Dutch resident subsidiary...

 

HTML"Protectionist" French Excise Tax on Certain Types of Beer Complies with EU Law
Jones Day;
Legal Alert/Article
October 16, 2014, previously published on October 2014
On September 13, 2014, it was reported by the trade press that the European Commission had found that the increase by 160 percent of French excise tax on certain types of high-alcohol-content and luxury beers that was introduced on January 1, 2013 did not fall afoul of the free-market principles of...

 

HTMLEPA Proposes to Eliminate Startup, Shutdown, and Malfunction Affirmative Defenses Under Clean Air Act
Jane K. Murphy, Charles T. Wehland; Jones Day;
Legal Alert/Article
October 16, 2014, previously published on October 2014
The United States Environmental Protection Agency ("EPA") proposed on September 5, 2014 to prohibit excess emissions during periods of startup, shutdown, or malfunction ("SSM") in State Implementation Plans ("SIPs") under the Clean Air Act ("CAA"). EPA...

 

HTMLSupreme Court Denies Cert in Herb Reed: Circuits to Remain Out of Tune as to Presumption of Irreparable Harm
John G. Froemming, Angela R. Gott, Candice M. Reder, Meredith M. Wilkes; Jones Day;
Legal Alert/Article
October 16, 2014, previously published on October 2014
The United States Supreme Court denied certiorari on October 6, 2014, in Herb Reed Enterprises, LLC v. Florida Entertainment Management, Inc., leaving trademark litigants uncertain as to whether to apply the traditional presumption of irreparable harm at the preliminary injunction stage.

 

HTMLOIG Seeks Comment on Recently Published Proposed Rule Expanding Anti-Kickback Safe Harbors
Lynsey Morris Barron, Richard H. Deane, Gerald M. Griffith, Rebekah N. Plowman, Stephen G. Sozio; Jones Day;
Legal Alert/Article
October 16, 2014, previously published on October 2014
The federal Anti-Kickback Statute ("AKS") criminalizes the solicitation or payment of remuneration in order to induce business that is reimbursable under the Medicare and/or Medicaid programs, such as kickbacks, bribes, and certain rebates. The U.S. Department of Health and Human Services...

 

HTMLArgentina—The Long-Running Dispute over the Payment of Argentina’s Sovereign Debt Has Been Particularly Active in Recent Weeks and Months.
Mark G. Douglas; Jones Day;
Legal Alert/Article
October 15, 2014, previously published on September/October 2014
On June 30, 2014, Latin America’s third-largest economy failed to make a scheduled $539 million payment to bondholders after U.S. District Court judge Thomas Griesa ruled that the payment could not be made unless holdout bondholders from restructurings in 2005 and 2010 were also paid. Under...

 

Adobe PDFPetition and Motion Practice Before the Patent Trial and Appeal Board
Glen C. Cheng, David B. Cochran, Matthew W. Johnson, Lynda Q. Nguyen; Jones Day;
Legal Alert/Article
October 7, 2014, previously published on September 2014
The Leahy-Smith America Invents Act ushered in a new era of administrative trials before the Patent Trial and Appeal Board (the "Board") in connection with inter partes review ("IPR"), postgrant review, the transitional program for covered business method patents, and derivation...

 

HTMLEuropean Commission’s Broad Dawn Raid Powers Affirmed, but "Reasonable Grounds" for Suspecting an Infringement Required
Bernard E. Amory, Cecelia Kye; Jones Day;
Legal Alert/Article
October 7, 2014, previously published on September 2014
The European Court of Justice (ECJ) has upheld the expansive geographic reach of a European Commission dawn raid decision in the electric cables cartel investigations. Nexans, one of ten companies being investigated, had argued that the geographic scope was overbroad and provided an insufficiently...

 


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