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HTMLDelay in Reinstatement Inexcusable: Perram
Adam Salter; Jones Day;
Legal Alert/Article
August 1, 2014, previously published on July 2014
Justice Perram has declined to stay an order for the reinstatement of an employee after the deadline for reinstatement had passed. Lynda Pykett sued her employer, TAFE NSW, for unfair dismissal on the basis that hers was not a genuine redundancy. She succeeded, and Commissioner McKenna ordered on...

 

HTMLFederal Circuit Court Opens Door to Discrimination Claim for Dismissal in Event of Sickness
Adam Salter; Jones Day;
Legal Alert/Article
August 1, 2014, previously published on July 2014
The Federal Court has permitted an employee, who was dismissed after taking 10 months' leave to fight cancer, to proceed in a claim against his employer for adverse action. Elliot McGarva was employed by Enghouse Australia Pty Ltd but after contracting stomach and liver cancer had gone on leave for...

 

HTMLLaw Firm Investigative Reports No Longer Confidential?
Adam Salter; Jones Day;
Legal Alert/Article
August 1, 2014, previously published on July 2014
Justice Whelan of the Federal Court has held that an investigatory report into the conduct of an employee is not covered by client legal privilege. Accordingly, it may be disclosed to the subject of the report.

 

HTMLFederal Communications Commission Requests Comments on Effectiveness of Cybersecurity Recommendations
Richard J. Johnson, Bruce A. Olcott, Mauricio F. Paez, Preston N. Thomas; Jones Day;
Legal Alert/Article
August 1, 2014, previously published on July 2014
The Federal Communications Commission ("FCC") is seeking industry and public comment on whether it should take further steps to ensure that the U.S. communications industry is sufficiently prepared for cybersecurity threats.

 

HTMLWhat is War? Understanding Aviation War Risk Coverage
John E. Iole; Jones Day;
Legal Alert/Article
July 31, 2014, previously published on July 23, 2014
In the world of insurance, words frequently have a defined or accepted meaning that is different from the popular or intuitive understanding of the term. “War” and, in particular, war in the context of aviation insurance, is one of these.

 

HTMLEuropean Court of Justice Upholds European Commission’s First Withdrawal of Immunity for Cartel Whistleblower but Finds General Court Failed to Timely Adjudicate
Bernard E. Amory, Cecelia Kye; Jones Day;
Legal Alert/Article
July 31, 2014, previously published on July 2014
The European Court of Justice has upheld a €30 million fine against cartel whistleblower Deltafina, which was imposed following the withdrawal of Deltafina's conditional immunity as a result of the breach of its duty to cooperate under the European Commission's leniency program. This ruling...

 

HTMLGerman Renewable Energy Act—Changes in 2014
Thomas Berg; Jones Day;
Legal Alert/Article
July 29, 2014, previously published on July 2014
The amended German Renewable Energy Act ("REA") takes effect on August 1, 2014 and will cause significant changes to Germany's renewable energy landscape, including increased electric generation production targets from renewable energy sources, increased plant capacity, replacement of...

 

HTMLIn re: Kellogg Brown & Root, Inc., et al.: D.C. Circuit Grants Petition for Mandamus and Protects Attorney-Client Privilege of Internal Investigation in False Claims Act Case
J. Andrew Jackson, Lindsey Lonergan, Rebekah N. Plowman, Stephen G. Sozio; Jones Day;
Legal Alert/Article
July 24, 2014, previously published on July 2014
In March 2014, we issued an Alert summarizing a decision issued by the U.S. District Court for the District of Columbia in United States ex rel. Barko v. Halliburton Co., et al. The District Court granted a relator's motion to compel and ordered defendants to produce documents reflecting the...

 

HTMLNew Tax Treaty Between Mexico and United Arab Emirates Enters into Force
Rodrigo Gómez, Karl L. Kellar, Andrés Lieja, Luis Ignacio Martel, Luis Rodrigo Salinas; Jones Day;
Legal Alert/Article
July 24, 2014, previously published on July 2014
The Mexico-United Arab Emirates tax treaty, signed on May 20, 2012 (the "Treaty"), entered into force on July 9, 2014 after its publication in the Mexican Official Gazette. Pursuant to Article 28, the Treaty will be applicable on January 1, 2015. The Treaty results from Mexico's...

 

HTMLRecent Decision in Lance Armstrong False Claims Act Case Raises New Timeliness Arguments
Peter F. Garvin, Meghan E. Greenfield, J. Andrew Jackson, Grant H. Willis, Alexander M. Yabroff; Jones Day;
Legal Alert/Article
July 24, 2014, previously published on July 2014
For several years now, litigants have wrestled with three questions: (i) does the Wartime Suspension of Limitations Act ("WLSA") apply to civil False Claims Act ("FCA") actions, (ii) do the 2009 Fraud Enforcement and Recovery Act ("FERA") amendments to the FCA apply to...

 


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