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HTMLCongress Amends Gainsharing Civil Monetary Penalties and Commissions Further Study of Gainsharing Arrangements
Thomas E. Dutton, David W. Grauer, Gerald M. Griffith, John M. Kirsner; Jones Day;
Legal Alert/Article
June 2, 2015, previously published on May 2015
On April 16, 2015, President Obama signed into law the Medicare Access and CHIP Reauthorization Act of 2015 ("MACRA"). Most prominently, MACRA repealed the Sustainable Growth Rate formula, creating a permanent solution to threatened reductions in Medicare reimbursement rates for...

 

HTMLSupreme Court Says Good-Faith Belief in Patent Invalidity No Defense to a Charge of Inducing Infringement
Gregory A. Castanias, Calvin P. Griffith, Tharan Gregory Lanier, John J. Normile, David L. Witcoff; Jones Day;
Legal Alert/Article
June 2, 2015, previously published on May 2015
Four years ago, in Global-Tech Appliances v. SEB S.A., 563 U.S. &under;&under;&under; (2011), the U.S. Supreme Court held that in order to prove that a defendant in a patent case had induced another person or entity's infringement, it is necessary for the plaintiff to prove that the alleged inducer...

 

HTMLHigh Court of Australia Limits Proportionate Liability Laws to Misleading and Deceptive Conduct
John Emmerig, Michael Legg; Jones Day;
Legal Alert/Article
June 1, 2015, previously published on May 2015
The judgments in two Full Court decisions of the Federal Court, delivered one week apart, reached different views on an important aspect of the operation of the proportionate liability laws for two important federal statutory regimes—the Corporations Act and the ASIC Act.[1] In one of those...

 

HTMLA New Foreign Investment Regime Is Arising: Comments on the Draft PRC Foreign Investment Law
Patrick H. Hu, H. John Kao, Ian M. Liao, Peilin Liu, Jessie Chenghui Tang; Jones Day;
Legal Alert/Article
June 1, 2015, previously published on May 2015
On January 19, 2015, the PRC Ministry of Commerce ("MOFCOM") issued the draft PRC Foreign Investment Law (the "Draft Law") for public comments. The Draft Law, if and when enacted, would repeal and replace the three existing laws on foreign investment: (i) the Chinese-Foreign...

 

Adobe PDFMoving On: A Retreat from Post-Financial Crisis Scrutiny of M&A Deals
Jones Day;
Legal Alert/Article
May 28, 2015, previously published on May 2015
Shareholder lawsuits have long been a staple of M&A transactions, but the number of lawsuits challenging M&A transactions has exploded in the aftermath of the Financial Crisis. Commonly cited studies show that shareholder lawsuits have more than doubled since 2007,2 the year before the financial...

 

HTMLSupreme Court Grants Certiorari in TCPA Case that May Determine Whether an Offer of Complete Relief Moots a Class Action
Michael F. Dolan, Daniel J. Fabiano, Gregory R. Hanthorn, J. Todd Kennard, Noah Ryan Litton; Jones Day;
Legal Alert/Article
May 27, 2015, previously published on May 2015
On May 18, 2015, the United States Supreme Court granted certiorari in a matter that may decide a fundamental question in class actions in general and class actions under the Telephone Consumer Protection Act ("TCPA") in particular: whether a case becomes moot, and thus beyond the...

 

HTML2015 Patent Reform: Protecting American Talent and Entrepreneurship Act of 2015 (S. 1137)
Kelsey I. Nix, George N. Phillips, Peter G. Thurlow; Jones Day;
Legal Alert/Article
May 26, 2015, previously published on May 2015
Senate Judiciary Committee Chairman Chuck Grassley (R-IA) and Ranking Member Patrick Leahy (D-VT), joined by Senators John Cornyn (R-TX) and Chuck Schumer (D-NY), introduced the bipartisan Protecting American Talent and Entrepreneurship Act ("PATENT Act") on April 29, 2015.[1] The third...

 

HTMLBank Fees Class Action in Australia Fails Before Full Federal Court
John Emmerig, Michael Legg; Jones Day;
Legal Alert/Article
May 26, 2015, previously published on May 2015
In Paciocco v Australia and New Zealand Banking Group Limited ("ANZ") [2015] FCAFC 50, the Full Court of the Federal Court of Australia (the intermediate appeals court in the Federal Court hierarchy) overturned the trial judge's finding that ANZ credit card late payment fees were...

 

HTMLAustralia: Uncovering the Exploitation of Temporary Labor within Australia's Agricultural and Food Processing Sector
Adam Salter, Michael Whitbread; Jones Day;
Legal Alert/Article
May 26, 2015, previously published on Spring 2015
On May 4, 2015, Four Corners, an Australian investigative journalism program, broadcasted a report titled "Slaving Away," uncovering the exploitation of temporary labor within Australia's agricultural and food processing sector (the "Report"). The Report examined the conduct of...

 

HTMLSingapore Opens International Commercial Court
John Rainbird, Zara Shafruddin, Matthew J. Skinner; Jones Day;
Legal Alert/Article
May 26, 2015, previously published on May 2015
The Singapore International Commercial Court ("SICC") started hearing its first case this month: a US$809 million dispute between Australian and Indonesian companies over a joint venture agreement for the production and sale of upgraded coal from East Kalimantan in Indonesia.[1] The...

 


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