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HTMLBrussels Regulation Reform—Effects Felt Beyond Europe
Christopher Braithwaite, Adam R. Brown, Lucas J. Moore; Jones Day;
Legal Alert/Article
July 14, 2014, previously published on July 2014
From 10 January 2015, the reformed Brussels Regulation will be applied by the courts of all Member States of the European Union to regulate matters of jurisdiction and the recognition and enforcement of judgments in connection with civil and commercial claims. The impact of the "key"...

 

HTMLUtility Regulatory Group v. EPA: U.S. Supreme Court Stops EPA's Rewrite of the Clean Air Act
Daniella A. Einik, Kevin P. Holewinski, Charles T. Wehland; Jones Day;
Legal Alert/Article
July 11, 2014, previously published on July 2014
In its third encounter with greenhouse gas emissions in the context of the Clean Air Act, the United States Supreme Court, in Utility Air Regulatory Group v. EPA, No. 12-1146, 573 U.S. &under;&under;&under;&under; (June 23, 2014) ("UARG"), reinforced bedrock separation of powers...

 

HTMLThe Fight Against Cybercrime: A Major Issue for European Companies
Emmanuel Baud, Bénédicte Graulle; Jones Day;
Legal Alert/Article
July 11, 2014, previously published on July 2014
The fight against cybercrime constitutes an economic and legal challenge for companies. The digital revolution and the development of new technologies have significantly increased the risks to which companies are now exposed. Furthermore, the amount of damages caused by cyberattacks has literally...

 

HTMLEuropean Bail-Ins - Austria Next?
Ferdinand Mason, Lucas J. Moore, Stephen J. Pearson, Daniel Travers; Jones Day;
Legal Alert/Article
July 11, 2014, previously published on July 2014
The European drive toward bail-ins continues unabated. So too does the increasing uncertainty for investors in European financial institutions, for whom the bail-in concept raises the spectre of the effective loss of their investments by way of contribution to any rescue. Investors in Austria's...

 

HTMLConditional Pricing Practices in the U.S. Spotlight
Kathryn M. Fenton, J. Bruce McDonald, David P. Wales; Jones Day;
Legal Alert/Article
July 11, 2014, previously published on July 2014
On June 23, 2014, the Federal Trade Commission (“FTC”) and the Antitrust Division of the U.S. Department of Justice (“DOJ”) hosted a one day workshop to explore the economic and legal implications of conditional pricing practices such as loyalty discounts, market share...

 

HTMLEuroResource-Deals and Debt
Corinne Ball, Veerle Roovers; Jones Day;
Legal Alert/Article
July 11, 2014, previously published on June 2014
For the benefit of our clients and friends investing in European distressed opportunities, our European Network is sharing some current developments.

 

Adobe PDFFERC Acts to Ensure that Utility Cost-Based Rates Include an Adequate Return on Equity
James C. Beh, Kenneth B. Driver, Matthew R. McGuire, Kevin J. McIntyre, William Weaver; Jones Day;
Legal Alert/Article
July 10, 2014, previously published on June 2014
In June, the Federal Energy Regulatory Commission ("FERC" or "Commission") issued Opinion No. 531, which details three significant changes to the way FERC determines the rate of return on equity ("ROE") in public utility rate cases.[1] First, FERC modified its...

 

HTMLFifth Third Bancorp v. Dudenhoeffer: Supreme Court Rejects "Presumption of Prudence" for Stock Drop Cases
M. Travis DeHaven, Daniel C. Hagen, Alan S. Miller, Evan Miller, Sara R. Pikofsky; Jones Day;
Legal Alert/Article
July 10, 2014, previously published on June 2014
On June 25, the United States Supreme Court issued its decision in Fifth Third Bancorp v. Dudenhoeffer, a decision that had been highly anticipated by the ERISA bar. The question before the Court was whether the so-called Moench presumption of prudence applied to a motion to dismiss. Rather than...

 

HTMLEU Commission Adopts Revised Safe Harbor Rules for Minor Agreements and Provides Guidance on "By Object" Restrictions of Competition
Bernard E. Amory, Serge Clerckx, Yvan N. Desmedt, Karl Stas, Alexandre G. Verheyden; Jones Day;
Legal Alert/Article
July 9, 2014, previously published on July 2014
The European Commission has published revised safe harbor rules for agreements that are not deemed to appreciably restrict competition. This is the so-called "De Minimis Notice," the first version of which dates back to 2001. At the same time, the Commission also published guidance on the...

 

Adobe PDFAlice Corp. v. CLS Bank: Did the Supreme Court Sign the Warrant for the "Death of Hundreds of Thousands of Patents"?
John V. Biernacki, Gregory A. Castanias, David M. Maiorana; Jones Day;
Legal Alert/Article
July 1, 2014, previously published on June 2014
Many software and internet companies have secured patents to protect their technology investments. For some companies — especially startups — software or business - method patents may be their only valuable assets. In recent years, those kinds of patents have been attacked for being too...

 


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