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HTMLVoter's Remorse: Taking Back an Acceptance or Rejection of a Chapter 11 Plan
Mark G. Douglas, Charles M. Oellermann; Jones Day;
Legal Alert/Article
December 16, 2014, previously published on November/December 2014
After a creditor or equity security holder casts its vote to accept or reject a chapter 11 plan, the vote can be changed or withdrawn "for cause shown" in accordance with Rule 3018(a) of the Federal Rules of Bankruptcy Procedure ("Rule 3018(a)"). However, "cause" is...

 

HTMLBetter Late Than Never: Claims Filed Years Late Did Not Waive Subordination Agreement Priorities or Warrant Equitable Subordination
Joseph A. Florczak; Jones Day;
Legal Alert/Article
December 16, 2014, previously published on November/December 2014
The Bankruptcy Code dictates the priority of distributions to the holders of allowed secured and unsecured claims in accordance with various statutory priority schemes. However, the Bankruptcy Code also provides that consensual pre-bankruptcy agreements between or among creditors that prioritize...

 

HTMLEuropean Union Approves Directive on Antitrust Damages Actions
Eric Barbier de la Serre, Thomas Jestaedt, Alex Petrasincu, Johannes G. Zöttl; Jones Day;
Legal Alert/Article
December 16, 2014, previously published on November 2014
Earlier today, the Council of the European Union approved the long-awaited Directive governing actions for damages for infringements of competition rules (Damages Directive). The Damages Directive is based on a proposal by the European Commission (Commission) that followed more than ten years of...

 

HTMLAustralia 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;
Legal Alert/Article
December 10, 2014, previously published on November 2014
The 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...

 

HTMLWill Evaporated Cane Juice Be Sweet for Class Action Plaintiffs?
Mark Mansour, Stephanie L. Resnik, Emily K. Strunk; Jones Day;
Legal Alert/Article
December 10, 2014, previously published on November 2014
The 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...

 

HTMLTCPA Reform Heats Up: Opt Out Required for Solicited Faxes, and a Court Decision Pulls Back on Autodialers
William F. Dolan, Richard J. Johnson, J. Todd Kennard, Bruce A. Olcott, Mauricio F. Paez; Jones Day;
Legal Alert/Article
November 12, 2014, previously published on November 2014
As previewed this summer, topics related to the Telephone Consumer Protection Act ("TCPA") appear to be ripe for reform at the Federal Communications Commission ("FCC") and beyond. Two recent decisions, one by the FCC and another by a U.S. District Court in the Southern District...

 

HTMLHong Kong Competition Commission releases draft guidelines under Competition Ordinance
Sébastien J. Evrard, Phillip Georgiou; Jones Day;
Legal Alert/Article
November 12, 2014, previously published on October 2014
The Hong Kong Competition Commission (“Commission”) has released draft guidelines for the enforcement of the Competition Ordinance. The Commission intends to finalize them by the first half of 2015, after which the Ordinance will come into force.

 

HTMLAntitrust 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;
Legal Alert/Article
November 12, 2014, previously published on October 2014
The 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...

 

HTMLForeign Investments Into the EU: Demystifying National Protectionism
Matt Evans, Leon N. Ferera, Sophie Hagege, Francesco Liberatore, Robert A. Profusek; Jones Day;
Legal Alert/Article
November 12, 2014, previously published on October 2014
The collision between capital/business interests and political/fiscal interests primarily comes to the fore in cross-border M&A. With the surge of big-ticket M&A activity beginning at the end of 2013, this has played out in the United States primarily as a fiscal issue, with U.S. politicians...

 

HTMLCMS Announces New Initiative Designed to Support Clinicians in Developing Comprehensive Quality Improvement Strategies
James R. Dutro, Andrew G. Jack, John M. Kirsner, Kevin A. McGill, David T. Morris; Jones Day;
Legal Alert/Article
November 12, 2014, previously published on October 2014
On October 23, 2014, the Centers for Medicare & Medicaid Services ("CMS") announced the Transforming Clinical Practice Initiative ("TCPI"), a new initiative aimed at supporting clinicians in developing comprehensive quality improvement strategies through collaborative...

 


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