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HTMLSecurities Law Considerations in Cross-Border Restructurings
Marie Elena Angulo, Pedro A. Jiménez, Jessica Mendoza; Jones Day;
Legal Alert/Article
March 30, 2015, previously published on March 2015
Non-U.S. companies in the process of restructuring debt that includes one or more series of U.S. bonds must ensure that their restructuring plan and any securities issued as part of such plan comply with the requirements of U.S. securities law, in particular the registration requirements of the...

 

HTMLRecast Brussels I Regulation: The Abolition of Exequatur and the Amendment to Rules Relating to the Enforceability of Jurisdiction Clause
Marie-Laure Cartier-Marraud, Anne-Laure Vincent; Jones Day;
Legal Alert/Article
March 30, 2015, previously published on March 2015
The recast form of the Brussels I Regulation on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, Regulation (EU) No. 1215/2012 of the European Parliament and Council of December 12, 2012 ("Brussels I Recast"), came into force on January 10,...

 

HTMLRecent CFIUS Report Signals Longer Reviews, More Mitigation
Chad O. Dorr, Laura L. Fraedrich, Chase David Kaniecki, Lindsey Michelle Nelson, Bevin M.B. Newman; Jones Day;
Legal Alert/Article
March 30, 2015, previously published on March 2015
The Committee on Foreign Investment in the United States' ("CFIUS") recent annual report to Congress signals that the CFIUS review process may become a longer pole in the tent for corporate transactions involving the acquisition of sensitive U.S. businesses by foreign persons. Not only...

 

HTMLFrench Tax Update - Noteworthy Tax Courts Decisions and Draft Macron Law
Nicolas Andre, Siamak Mostafavi, Alexios Theologitis; Jones Day;
Legal Alert/Article
March 30, 2015, previously published on March 2015
The present French Tax Update will focus on (i) certain noteworthy tax courts decisions issued in the last months of 2014 and in the first months of 2015, and (ii) the so-called projet de loi Macron (Draft Macron Law) adopted by the Assemblée Nationale in February 2015 and now discussed by...

 

HTMLPolicyholders Need to Be Wary of Insurer Conduct Leading Them Into Suit Limitation Traps
Tara C. Kowalski; Jones Day;
Legal Alert/Article
March 30, 2015, previously published on March 11, 2015
A recent string of cases from Oregon to Connecticut addressing suit limitation provisions are a reminder of the numerous traps that surround such provisions and how insurer conduct can be misleading in those situations. Suit limitation provisions are the contractual equivalent of statutes of...

 

HTMLU.S. FTC Revises Merger Challenge Rules: Automatic Stay of Administrative Litigation When Agency Loses Preliminary Injunction in Court
Kathryn M. Fenton, Michael H. Knight, Paula W. Render, David P. Wales, Thomas D. York; Jones Day;
Legal Alert/Article
March 30, 2015, previously published on March 2015
One important procedural difference between merger challenges by the U.S. Department of Justice and the Federal Trade Commission is that FTC may challenge a non-consummated merger through both a district court preliminary injunction and administrative litigation (Part 3 adjudication). Recent...

 

HTMLHigh Court Says Trademark Trial and Appeal Board Decisions Can Have Preclusive Effect
John G. Froemming, Rachel A. Geist, Anna E. Raimer, Meredith M. Wilkes, Michael A. Zadd; Jones Day;
Legal Alert/Article
March 30, 2015, previously published on March 2015
On March 24, 2015, the United States Supreme Court issued its decision in B&B Hardware, Inc. v. Hargis Industries, Inc., holding that "a court should give preclusive effect to [Trademark Trial and Appeal Board] decisions if the ordinary elements of issue preclusion are met." 575 U.S....

 

HTMLFAA Releases Notice of Proposed Rulemaking for Small Unmanned Aircraft Systems
Jeffrey J. Immel, Rebecca MacPherson, Devin A. Winklosky; Jones Day;
Legal Alert/Article
March 27, 2015, previously published on March 2015
On February 15, 2015, the Federal Aviation Administration ("FAA") released its notice of proposed rulemaking ("NPRM") for the regulation of small unmanned aircraft systems ("sUAS"). Although more accommodating of the commercial considerations associated with sUAS...

 

HTMLEnglish High Court Tackles Serious Irregularity in LCIA Arbitral Award
Damian Watkin; Jones Day;
Legal Alert/Article
March 27, 2015, previously published on March 2015
Challenges to arbitral awards on serious irregularity grounds are rarely pressed and very seldom succeed. The recent English[1] High Court judgment in The Secretary of State for the Home Department v Raytheon Systems Limited[2] ("First Judgment") is however one such occasion where a...

 

HTMLRevisiting My Brother's Keeper: Latest Learning and Best Practices on Dealings with Third Parties under the FCPA
Theodore T. Chung, Justin Edward Herdman, Karen P. Hewitt, Hank Bond Walther; Jones Day;
Legal Alert/Article
March 27, 2015, previously published on March 2015
Over the past decade, one of the most common and perplexing questions posed by U.S. multinational corporations with respect to compliance with the Foreign Corrupt Practices Act ("FCPA") is, "Am I my brother's keeper?" Corporations and their personnel have long struggled, and...

 


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