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HTMLPuerto Rico—Although Puerto Rico is an Unincorporated Territory of the United States Rather than a Sovereign, the Financial Troubles of the Beleaguered Caribbean Commonwealth Have Received a Great Deal of Attention Lately.
Mark G. Douglas; Jones Day;
Legal Alert/Article
October 16, 2014, previously published on September/October 2014
On June 28, 2014, Puerto Rican governor Alejandro García Padilla gave his imprimatur to legislation that creates a judicial debt relief process for certain public corporations, including the Puerto Rico Electric Power Authority (PREPA), the Puerto Rico Aqueduct and Sewer Authority (PRASA),...

 

HTMLDraft Guidance for the General Anti-Avoidance Rule
Jones Day;
Legal Alert/Article
October 16, 2014, previously published on October 2014
On July 3, 2014, the State Administration of Taxation (the "SAT") released a discussion draft on the Administrative Measures on the General Anti-Avoidance Rule (the "Draft Measures). The General Anti-Avoidance Rule ("GAAR") was introduced in China Corporate Income Tax Law...

 

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...

 

HTMLIRS Issues Guidance Regarding the Deductibility of Litigation Fees Incurred by Branded Pharmaceutical Companies When Defending Their Patents Against Challenges to Market Exclusivity by Generic Companies
Jones Day;
Legal Alert/Article
October 16, 2014, previously published on October 2014
There is welcome clarity for branded pharmaceutical companies seeking to deduct legal fees incurred in defending their patents against challenges to market exclusivity by generic companies. This clarity comes after a year of uncertainty arising from a negative opinion expressed by the IRS in a...

 

HTMLTreasury Department and IRS Issue Long-Awaited Inversion Guidance
Jones Day;
Legal Alert/Article
October 16, 2014, previously published on October 2014
On September 22, 2014, the U.S. Treasury Department and the IRS issued long-awaited inversion guidance in the form of Notice 2014-52. The Notice sets forth rules that are generally effective for transactions completed on or after September 22, 2014, and will be included in regulations that will be...

 

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...

 

HTMLTaking a Stand Where Few Have Trodden: Structured Dismissal Held Clearly Authorized by the Bankruptcy Code
Mark G. Douglas, Charles M. Oellermann; Jones Day;
Legal Alert/Article
October 16, 2014, previously published on September/October 2014
A "structured dismissal" of a chapter 11 case following a sale of substantially all of the debtor's assets has become increasingly common as a way to minimize cost and maximize creditor recoveries. However, only a handful of rulings have been issued on the subject, perhaps because...

 

HTMLRepeal of the Interest-Withholding Tax on Certain Cross-Border Loans
Jones Day;
Legal Alert/Article
October 16, 2014, previously published on October 2014
As a rule, if a nonresident lender grants a loan to an Italian resident borrower, the interest paid on the loan is subject to a 26 percent withholding tax in Italy unless the lender is eligible for the exemption under the Italian laws that implemented the EU Interest and Royalties Directive. The...

 

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,...

 

HTMLEffective October 6, 2014, Delivery Settlement Cycle of Securities Traded on Euronext Paris and Alternext Paris Will Be Shortened from Three to Two Trading Days
Philippe Goutay, Anselme Mialon; Jones Day;
Legal Alert/Article
October 16, 2014, previously published on October 2014
Effective October 6, 2014, the delivery settlement cycle of securities traded on French-regulated market Euronext Paris and French-organized market Alternext Paris will be shortened from three to two trading days. This move anticipates the EU Regulation on Central Securities Depositories adopted on...

 


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