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HTMLDawn Raids and Preparing for Surprise Government Competition Law Investigations: Jones Day Guide to Best Practices
Alan Davis, Matt Evans, Carsten T. Gromotke, Nicolas Taylor, Alexandre G. Verheyden; Jones Day;
Legal Alert/Article
April 18, 2016, previously published on March 2016
As global antitrust enforcers increasingly focus on detecting and punishing cartel behavior, companies must remain vigilant in protecting against overreach during government investigations that precede prosecutorial operations. So-called "dawn raids," which are unannounced on-site...

 

HTMLProposed Bill Seeks to Keep "Patent Trolls" Out of the ITC
Richard (Rich) Fieman, Blaney Harper, Vishal V. Khatri, David M. Maiorana, Ryan B. McCrum; Jones Day;
Legal Alert/Article
April 18, 2016, previously published on March 2016
On March 22, 2016, Representatives Tony Cárdenas (D-CA) and Blake Farenthold (R-TX) reintroduced the "Trade Protection Not Troll Protection Act" (H.R. 4829) (the "Act"), a modified version of proposed legislation originally submitted in 2014. The Act is intended to make...

 

HTMLProposed Indian Bankruptcy Reforms
Mark G. Douglas; Jones Day;
Legal Alert/Article
April 15, 2016, previously published on March/April 2016
In December 2015, the Indian government introduced a long-awaited bill—the Insolvency and Bankruptcy Bill 2015—to overhaul India’s outdated and burdensome bankruptcy process. According to recent World Bank data, India ranks 136th out of the 189 countries surveyed in terms of fast...

 

HTMLFacebook Settles Derivative Lawsuit Challenging Outside Director Pay
Lyle G. Ganske, Robert A. Profusek, Lizanne Thomas; Jones Day;
Legal Alert/Article
April 15, 2016, previously published on April 2016
In settlement of a derivative lawsuit challenging compensation paid to Facebook's non-employee directors, Facebook agreed to submit its non-employee director compensation program, including specific equity grants, some historical grants, and retainer fees, to a vote of shareholders at its 2016...

 

HTMLFederal Circuit Denies Reconsideration of Its Decision that the ITC Lacks Jurisdiction Over Electronic Transmission of Digital Data
Gregory A. Castanias, Richard (Rich) Fieman, Blaney Harper, Yury Kalish, David M. Maiorana; Jones Day;
Legal Alert/Article
April 15, 2016, previously published on April 2016
On March 31, 2016, the Federal Circuit denied the United States International Trade Commission's ("ITC") petition to rehear en banc its November 2015 holding that the ITC lacks authority over the importation of electronically transmitted digital data. See ClearCorrect Operating, LLC v....

 

HTMLMexico Introduces the First Single-Member Corporation: The Simplified Stock Corporation
Antonio Franck C., Blanca Luévano Garcia, Fernando de Leo; Jones Day;
Legal Alert/Article
April 15, 2016, previously published on April 2016
On March 14, 2016, the decree creating the Simplified Stock Corporation (Sociedad por Acciones Simplificada, or "SAS"), the first single-member corporation in Mexico, was published in the Federal Official Gazette.

 

HTMLUnderstanding the Revised Proposal for a New EU Prospectus Regulation
Linda A. Hesse, Natalia Sauszyn; Jones Day;
Legal Alert/Article
April 15, 2016, previously published on April 2016
On 15 March 2016, the European Council published the latest proposal for a new prospectus regulation (the "New Regulation"). The New Regulation is part of an effort toward a harmonized regulatory framework so as to ensure investor protection and market efficiency across the European Union...

 

HTMLProposed Swiss International Insolvency Law Reforms
Mark G. Douglas; Jones Day;
Legal Alert/Article
April 15, 2016, previously published on March/April 2016
In October 2015, the Swiss Federal Department of Justice and Police (Eidgenössisches Justiz- und Polizeidepartement) published a preliminary draft of reforms to title 11 of the Swiss Private International Law Act (“SPILA”), which governs insolvency proceedings and compensation...

 

HTMLChain of Responsibility Reforms Set to Overhaul Liability for Environmental Clean-Ups in Queensland
Brett Heading, James I. Parker, Tony Wassaf; Jones Day;
Legal Alert/Article
April 14, 2016, previously published on March 2016
The mining and resources downturn is bringing forward the closure of many of Australia's ageing smelters, steelworks, power stations and mines and their corresponding environmental rehabilitation obligations. Often, the owners of those assets lack the financial ability to cover their statutory...

 

HTMLFirst Impressions: The Sixth Circuit Weighs In on Artificial Impairment Under a Chapter 11 Plan
Mark G. Douglas, Benjamin Rosenblum; Jones Day;
Legal Alert/Article
April 14, 2016, previously published on March/April 2016
One of the prerequisites to confirmation of any chapter 11 plan is that at least one “impaired” class of creditors must vote in favor of the plan. This requirement reflects the basic (but not universally accepted) principle that a plan may not be imposed on a dissident body of...

 


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