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HTMLNarrowing Prospects for Investor Protection: Failure of the TPP Would Affect Investment Security in Malaysia
Marcus Salvato Quintanilla; Jones Day;
Legal Alert/Article
September 22, 2016, previously published on September 2016
No matter the outcome of the next presidential election, United States ratification of the Trans-Pacific Partnership ("TPP") is uncertain given the positions taken by the presidential candidates of both major political parties. What is more, non-ratification by the United States would...

 

HTMLHow to Survive Dawn Raids and Search Warrants in Antitrust/Competition Investigations
Eric Barbier de la Serre, Alan Davis, Eric P. Enson, Matt Evans, Carsten T. Gromotke; Jones Day;
Legal Alert/Article
September 21, 2016, previously published on September 2016
Antitrust and competition enforcement authorities increasingly are undertaking unannounced searches of premises to obtain evidence of possible competition law violations. Most commonly, these searches are being conducted at business premises, and therefore business managers need to know how to...

 

HTMLNew Tool for Antitrust Investigations in China
Peter J. Wang, Yizhe Zhang; Jones Day;
Legal Alert/Article
September 21, 2016, previously published on September 2016
In recent years, China's National Development and Reform Commission (NDRC), the antitrust enforcement agency responsible for price-related monopoly conduct, has cracked down on resale price maintenance (RPM) through a series of enforcement actions. These have targeted companies in industries...

 

HTMLItaly Enacts New “White List”
Carla Calcagnile, Luca Ferrari, Marco Lombardi; Jones Day;
Legal Alert/Article
September 12, 2016, previously published on September 2016
On August 9, 2016 the Italian Ministry of Finance issued a Decree (“the Decree”)[1] amending the list of countries that are deemed to allow for an adequate exchange of information with Italy, the so-called “White List” set out in Ministerial Decree of September 4, 1996.

 

HTMLEU to Reform European General Court
Bernard E. Amory, Cecelia Kye; Jones Day;
Legal Alert/Article
September 12, 2016, previously published on September 2016
The long-awaited reform of the General Court is now a reality. Currently undergoing a progressive expansion, the General Court will double in size from 28 to 56 judges by 2019. This significant increase will remedy the backlog in caseloads and excessively lengthy proceedings that have plagued the...

 

HTMLU.S. Agencies Propose New Antitrust Guidelines for Intellectual Property Licensing
Joseph M. (Joe) Cardosi, Warren L. Nachlis, Geoffrey D. (Geoff) Oliver; Jones Day;
Legal Alert/Article
September 12, 2016, previously published on September 2016
With relatively little fanfare, the U.S. Department of Justice's Antitrust Division and the Federal Trade Commission released a proposed update of their 21-year-old Antitrust Guidelines for the Licensing of Intellectual Property, along with an invitation for interested parties to comment by...

 

HTMLNew Private Use Safe Harbors for Tax-Exempt Hospitals and Other Qualified Users: New Flexibility, New Restrictions, and Open Questions
Gerald M. (Gerry) Griffith, Catherine E. (Cathy) Livingston; Jones Day;
Legal Alert/Article
September 12, 2016, previously published on September 2016
New safe harbor guidelines released by the IRS on August 22, 2016 (Rev. Proc. 2016-44) are likely to have a significant impact on a variety of management and service contracts entered into by tax-exempt hospitals financed with tax-exempt bonds. The new safe harbor guidance provides significant...

 

HTMLRussia Expands Restrictions on Government Procurement of Foreign Software and Hardware
Sergei Volfson; Jones Day;
Legal Alert/Article
September 12, 2016, previously published on September 2016
Over the last few years, Russia has been expanding restrictions on government procurement of software and hardware from foreign companies.

 

HTMLAustralian Shareholder Class Action Held to be an Abuse of Process
John Emmerig, Michael Legg; Jones Day;
Legal Alert/Article
September 12, 2016, previously published on September 2016
In Melbourne City Investments Pty Ltd v Treasury Wine Estates Limited (No 3) [2014] VSC 340 (“MCI decision”), the lead plaintiff (“MCI”) purchased a small parcel of shares in both Treasury Wine Estates Limited and Leighton Holdings Limited and commenced separate group...

 

HTMLA Greater Role for Australian Courts in Foreign Arbitral Proceedings?
Simon Bellas, Kenneth P. Hickman, Kristian Maley, Stephen McComish; Jones Day;
Legal Alert/Article
September 12, 2016, previously published on September 2016
In the recent decision of Samsung C&T Corporation v Duro Felguera Australia Pty Ltd,[1] the Supreme Court of Western Australia declined to make a declaration as to the effect of an arbitration agreement, instead granting a stay in favour of arbitration.

 


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