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HTMLFederal Circuit Court Acknowledges Breadth of Workplace Rights in Adverse Action Claims
Adam Salter; Jones Day;
Legal Alert/Article
December 16, 2014, previously published on November 2014
In Evans v Trilab Pty Ltd [2014] FCCA 2464, Judge Lucev held that an adverse action claim can be based on the exercise of rights that do not arise from statutory, regulatory or contractual provisions and are only indirectly connected to employment.

 

HTMLEnforcement of Covenants Not to Compete in Pennsylvania When the Employer Terminates the Employment Relationship
Jeffrey J. Bresch, Rebekah Byers Kcehowski, Katelyn M. Matscherz; Jones Day;
Legal Alert/Article
December 16, 2014, previously published on December 2014
Will Pennsylvania courts enforce a restrictive covenant against a terminated employee? In short, assuming the termination is not wrongful, Pennsylvania courts may enforce the restrictive covenant notwithstanding the employee's termination under certain circumstances. Insulation Corp. of Am. v....

 

HTMLFirst PTAB Decisions in Derivation Proceedings
Michael J. Bruner, Erin C. Dickerman, Thomas E. Friebel; Jones Day;
Legal Alert/Article
December 16, 2014, previously published on December 2014
The America Invents Act ("AIA") eliminated interference proceedings for applications having a claim with an effective filing date on or after March 16, 2013, and created derivation proceedings for those applications.

 

HTMLJury Finds for Drug Manufacturers in First Post-Actavis "Reverse Payment" Trial
Jonathan Berman, Benjamin H. Cheng, Aimee E. DeFilippo, Kevin D. McDonald; Jones Day;
Legal Alert/Article
December 16, 2014, previously published on December 2014
In 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...

 

HTMLRecent Developments in Myanmar's New Telecommunications Law
Francesco Liberatore, Kevin J. Murphy, William B. Saunders; Jones Day;
Legal Alert/Article
December 16, 2014, previously published on November 2014
With the adoption of Myanmar's new Telecommunications Law ("Telecoms Law") last year and the two incumbent operator licenses awarded, the country's telecommunications industry is evolving at a rapid pace. In order to give full effect to the new law, Myanmar is about to adopt new...

 

HTMLDOJ Brings "Gun Jumping" Enforcement Action and Requires Disgorgement
Kathryn M. Fenton, J. Bruce McDonald, Thomas D. York; Jones Day;
Legal Alert/Article
December 16, 2014, previously published on November 2014
The 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...

 

HTMLIn Brief: Enforceability of Waivers of the Automatic Stay
Michael J. Cohen; Jones Day;
Legal Alert/Article
December 16, 2014, previously published on November/December 2014
An article appearing in the July/August 2014 issue of the Business Restructuring Review discusses a ruling by an Oregon bankruptcy court that held unenforceable a negative covenant in a limited liability company's operating agreement prohibiting the company from filing a bankruptcy petition, among...

 

HTMLMexican President Peña Promulgates Regulations to the Secondary Laws of the Energy Reform
José Estandía, Mauricio E. Llamas C., William Prescott Mills, Alberto de la Parra Z.; Jones Day;
Legal Alert/Article
December 16, 2014, previously published on November 2014
Pursuant to the transitory articles of the Secondary Laws to Mexico's Energy Reform, enacted on August 11, 2014, Mexican President Enrique Peña Nieto has announced the issuance of a series of clarifying Regulations, with an effective date of October 31, 2014 (the "Regulations").

 

HTMLIndustrial Disputes More Likely as Prime Minister Increases Pressure on Corrupt Trade Unions
Adam Salter; Jones Day;
Legal Alert/Article
December 16, 2014, previously published on November 2014
The tradition of new Australian federal governments making widespread legislative changes to labour law upon winning power seemed to have been broken in 2013: the newly elected Prime Minister Tony Abbott had already declared that the labour policies of the previous Liberal government were...

 

HTMLDIP 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;
Legal Alert/Article
December 16, 2014, previously published on November/December 2014
The 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...

 


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