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HTMLCMS Proposes Easing Two-Midnight Restrictions (But 2016 OPPS Rule Is Not All Good News)
David W. Grauer, Rebekah N. Plowman, Elizabeth E. Trende; Jones Day;
Legal Alert/Article
July 16, 2015, previously published on July 2015
On July 8, 2015, the Centers for Medicare and Medicaid Services ("CMS") issued the 2016 proposed rule for the Hospital Outpatient Prospective Payment System ("OPPS") and Ambulatory Surgery Center ("ASC") payment system ("Proposed Rule"). While the Proposed...

 

HTMLNew CMS Proposed Rule: Comprehensive Care for Joint Replacement
Claire E. Castles, Catherine A. Ehrgott, Lisa Ge Shang Han, David T. Morris; Jones Day;
Legal Alert/Article
July 16, 2015, previously published on July 15, 2015
On July 9, 2015, the Centers for Medicare & Medicaid Services ("CMS") announced a proposed rule to test a new payment model, the Comprehensive Care for Joint Replacement ("CCJR"), for hip and knee replacements (also called lower extremity joint replacements or...

 

HTMLIran Nuclear Deal Reached; Sanctions Remain in Place
Renato Antonini, Laura L. Fraedrich, Michael P. Gurdak, Fahad A. Habib, Henry Klehm; Jones Day;
Legal Alert/Article
July 16, 2015, previously published on July 2015
On July 14, 2015, the European Union, together with the United States, the United Kingdom, Germany, France, Russia, and China (known as the "P5+1 countries") reached an agreement with Iran regarding Iran's nuclear weapons development efforts and sanctions designed to prevent such efforts....

 

HTMLMexico's Energy Ministry Plans Auctions for Extraction, Exploration Rights
José Estandía, Antonio Franck, Jeffrey A. Schlegel, William P.M. Schwind, Alberto de la Parra Z.; Jones Day;
Legal Alert/Article
July 15, 2015, previously published on July 2015
Pursuant to the Mexican Hydrocarbons Law, its Regulations, and its fifth transitory article, the Mexican Ministry of Energy ("SENER"), following a technical proposal prepared by the National Hydrocarbons Commission ("CNH"), announced a Five-Year Public Tenders Plan (the...

 

HTMLPatent Litigants Feeling Effects of Teva in Claim Construction Decisions on Appeal
Gregory A. Castanias, Anthony M. Insogna, Sasha Mayergoyz, Jennifer L. Swize; Jones Day;
Legal Alert/Article
July 15, 2015, previously published on July 2015
In January 2015, the U.S. Supreme Court handed down its decision in Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., holding that underlying factual disputes related to a district court's claim construction should be reviewed for clear error instead of de novo, as the Federal Circuit had long held....

 

HTMLSupreme Court Rejects EPA Mercury Rule for Power Plants and Raises Questions about Judicial Deference to Future EPA Rules
Jennifer M. Hayes, Meghan E. Sweeney, Charles T. Wehland; Jones Day;
Legal Alert/Article
July 14, 2015, previously published on July 2015
On June 29, 2015, the U.S. Supreme Court issued its opinion in Michigan v. EPA, which may have serious implications for the Environmental Protection Agency's ("EPA") ability to regulate hazardous air pollutant emissions from power facilities going forward. 576 U.S. &under;&under;&under;...

 

HTMLRegulation A+ Takes Effect
Robert T. Clarkson, Omar Samji; Jones Day;
Legal Alert/Article
July 14, 2015, previously published on July 2015
As part of the effort to make capital more accessible for small businesses, the JOBS Act authorized the SEC to exempt annually up to $50 million of a company's securities issuances from the registration requirements of the Securities Act of 1933. In response, the SEC has amended Regulation A under...

 

HTMLFederal Circuit: PTAB's "Ultimate Authority to Invalidate" Rulings are Reviewable on Appeal
Gregory A. Castanias, David B. Cochran, Matthew W. Johnson, David M. Maiorana; Jones Day;
Legal Alert/Article
July 14, 2015, previously published on July 2015
The Leahy-Smith America Invents Act, commonly called the AIA, was enacted by Congress in 2011 and ushered in a new regime of post-grant review of issued U.S. patents. Under that regime, which includes both inter partes reviews ("IPR") and covered business method ("CBM") reviews,...

 

HTMLEastern District of Virginia Confirms Cancellation of REDSKINS Trademark Registrations
John G. Froemming, Anna E. Raimer, Meredith M. Wilkes; Jones Day;
Legal Alert/Article
July 13, 2015, previously published on July 2015
On July 8, 2015, a Virginia federal judge upheld the decision of the Trademark Trial and Appeal Board ("TTAB") cancelling six trademark registrations incorporating REDSKINS owned by Pro-Football, Inc. ("Pro-Football") on the basis of disparagement to Native Americans, holding...

 

HTMLBuyback and Cancellation of Own Shares
Nicolas Andre, Siamak Mostafavi, Alexios Theologitis; Jones Day;
Legal Alert/Article
July 13, 2015, previously published on July 2015
The tax treatment of buybacks, from the shareholders' point of view, has now been simplified through a change of legislation, i.e., capital gain/loss treatment in all situations.

 


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