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HTMLEnergy Future Wins Round Two in Fight to Skirt Liability for Make-Whole Premiums
Mark G. Douglas, Jonathan M. (Jon) Fisher; Jones Day;
Legal Alert/Article
April 14, 2016, previously published on March/April 2016
In February 2016, Energy Future Holdings Corp. (“EF”), which obtained confirmation of a chapter 11 plan on December 3, 2015, prevailed at the district court level in related appeals brought by first- and second-lien noteholders of bankruptcy court orders disallowing the...

 

HTMLSovereign Debt Update
Mark G. Douglas; Jones Day;
Legal Alert/Article
April 14, 2016, previously published on March/April 2016
In a historic decision with the potential to end 15 years of litigation between the Republic of Argentina and holdout bondholders from the financially strapped South American nation’s 2005 and 2010 sovereign debt restructurings, Judge Thomas Griesa of the U.S. District Court for the Southern...

 

HTMLSouthern District of New York Bankruptcy Court Rules That Avoidance Powers Apply Extraterritorially
Mark G. Douglas, Justin Morgan; Jones Day;
Legal Alert/Article
April 14, 2016, previously published on March/April 2016
Over the past 21 years, two U.S. district court judges in the Southern District of New York have held that the avoidance powers conferred on a bankruptcy trustee or chapter 11 debtor-in-possession under the Bankruptcy Code do not apply to pre-bankruptcy transfers made by a debtor outside the United...

 

HTMLChapter 15 Recognition Denied Due to COMI Manipulation Scheme to Evade U.K. Judgment
Mark G. Douglas, Pedro A. Jiménez; Jones Day;
Legal Alert/Article
April 14, 2016, previously published on March/April 2016
More than a decade after the enactment of chapter 15 of the Bankruptcy Code, issues pertaining to recognition of a foreign debtor’s bankruptcy or insolvency proceeding under chapter 15 have, in large part, shifted from the purely procedural inquiry (such as the foreign debtor’s center...

 

HTMLChina: Deadline for Reducing Dispatch Employees to 10 Percent
Elizabeth Cole, Cathleen Sun; Jones Day;
Legal Alert/Article
April 13, 2016, previously published on March 2016
In 2014, the Ministry of Human Resources and Social Security issued the Interim Provisions on Labor Dispatching ("Provisions"), which required that dispatch employees be limited to temporary, auxiliary, or substitute positions and comprise no more than 10 percent of the total number of...

 

HTMLHong Kong: Full Implementation of the Competition Ordinance
Elizabeth Cole, Sheila Lee; Jones Day;
Legal Alert/Article
April 13, 2016, previously published on March 2016
The Competition Ordinance (Cap. 619) ("Competition Ordinance") came into full effect on December 14, 2015. There are three major competition rules under the Competition Ordinance, which are the First Conduct Rule ("FCR"), the Second Conduct Rule, and the Merger Rule. In...

 

HTMLChina: Maternity, Paternity, and Marriage Leave Entitlements Affect Population and Family Planning Law
Elizabeth Cole, Cathleen Sun; Jones Day;
Legal Alert/Article
April 13, 2016, previously published on March 2016
On December 27, 2015, the Standing Committee of the National People's Congress issued the amended Population and Family Planning Law ("Family Planning Law"). While the Family Planning Law has drawn worldwide attention for its implementation of the Chinese government's change to its...

 

HTMLEmployee Who Rejected Alternative Positions not Entitled to Redundancy Payout
Joshua Kang, Adam Salter; Jones Day;
Legal Alert/Article
April 13, 2016, previously published on March 2016
In Adcock v Blackmores Limited & Ors [2016] FCCA 265 (February 12, 2016), the Federal Circuit Court of Australia ("FCCA") found that an employee had not been made redundant when his role was made redundant but he had been made genuine offers of employment in similar roles not inferior...

 

HTMLEnforcement of the Amended Industrial Safety and Health Act Regarding Stress Checks
Yuichiro Mori, Misa Osagane; Jones Day;
Legal Alert/Article
April 13, 2016, previously published on March 2016
On December 1, 2015, the Amended Industrial Safety and Health Act ("Amended Act") regarding stress checks came into force in Japan. Under the Amended Act, employers are required to conduct a stress check once a year on full-time employees and contract employees who will work or who have...

 

HTMLChina: Implementing Rules on Labor Contract Law Released for Public Comments
Ivy Wang, Liming Yuan; Jones Day;
Legal Alert/Article
April 13, 2016, previously published on March 2016
In July 2015, the Ministry of Human Resources and Social Security of the People's Republic of China ("PRC") released Draft Provisions Related to the Implementation of PRC Labor Contract Law for public comments ("Draft"). The Draft provides detailed interpretations clarifying...

 


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