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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 Most prominently, MACRA repealed the Sustainable Growth Rate formula, creating a permanent solution to threatened reductions in Medicare reimbursement rates for...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...

 

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...

 

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...

 

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...

 

HTMLShale Gas in France: Still a "Viable" Option?
Anne-Caroline Urbain; Jones Day;
Legal Alert/Article
May 26, 2015, previously published on Spring 2015
Originally viewed as one of the most promising countries in Europe for shale gas development, France recently affirmed its decision to ban hydraulic fracturing.

 

HTMLD.C. Circuit Hears Oral Argument on Challenge to Carbon Sequestration RCRA Conditional Exclusion
Daniella A. Einik; Jones Day;
Legal Alert/Article
May 26, 2015, previously published on Spring 2015
In December 2010, the United States Environmental Protection Agency ("EPA") promulgated regulations under the Safe Drinking Water Act, 42 U.S.C. §§ 300f et seq., creating a new category of underground injection wells—Class VI—to govern underground injection of carbon...

 

HTMLChina: Public Opinions Sought on Draft Provisions of Mass Layoff of Enterprises
Patrick Yu, Liming Yuan; Jones Day;
Legal Alert/Article
May 26, 2015, previously published on Spring 2015
The Ministry of Human Resources and Social Security of the People's Republic of China published Provisions on Enterprise Mass Layoff (Draft for Comments) (the "Draft Provisions") on December 31, 2014, and requested the submission of public comments and opinions on the Draft Provisions by...

 

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...

 


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