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HTMLNew Electricity Legal Framework in Mexico
Alejandro Creel-Ysita, José Estandía, Mariana González, Alberto de la Parra; Jones Day;
Legal Alert/Article
August 27, 2014, previously published on August 2014
Further to the Mexican Energy Constitutional Amendments approved on December 12, 2013, President Enrique Peña Nieto signed decrees enacting Secondary Laws for Mexico's Energy Reform. Published in the Federal Official Gazette on August 11, 2014, this new legislation consists of nine new laws...

 

HTMLUSDA Enhances Traceback Procedures for Ground Beef
Jonathan Berman, Colleen Heisey, Mark Mansour, Emily K. Strunk; Jones Day;
Legal Alert/Article
August 27, 2014, previously published on August 2014
On August 13, 2014, USDA's Food Safety and Inspection Service ("FSIS") announced new procedures to improve the process for tracing E. coli-contaminated ground beef back to its source, recalling contaminated product, and determining the root cause of the contamination. USDA expects that...

 

HTMLSplit Federal Circuit Decision Revives Antitrust Counterclaims in Patent Litigation
Michelle K. Fischer, Kevin D. McDonald, Geoffrey D. Oliver; Jones Day;
Legal Alert/Article
August 21, 2014, previously published on August 2014
The U.S. Court of Appeals for the Federal Circuit has remanded for further consideration antitrust claims accusing a patent holder of filing a sham infringement suit and a sham citizen petition with the Federal Drug Administration. The case is Tyco Healthcare Group LP v. Mutual Pharmaceutical Co....

 

Adobe PDFParallel Litigation and Inter Partes Review: Don't Forget About Reissue
David B. Cochran, Joshua R. Nightingale, Joseph M. Sauer, Peter G. Thurlow; Jones Day;
Legal Alert/Article
August 21, 2014, previously published on August 2014
Inter partes review ("IPR") was introduced by the America Invents Act ("AIA") to provide a trial-like proceeding for challenging the patentability of patent claims based on patents and printed publications. An IPR trial is often conducted in parallel with United States district...

 

HTMLLitigation for Profit in Australia—Court Imposes Limits Where Serious Conflicts of Interest Exist
John Emmerig, Michael Legg; Jones Day;
Legal Alert/Article
August 21, 2014, previously published on August 2014
In the last six to eight months, Australia has witnessed a spike in shareholder class action activity that appears to be driven, at least in part, by new lawyers and litigation funders entering the market.

 

HTMLTexas Supreme Court Applies Economic Loss Rule to Limit Tort Claims by Contractors Against Owner's Design Professionals
Scott W. Cowan, Christopher H. Domingo, Daniel D. McMillan, Andrew D. Ness, J. Laurens Wilkes; Jones Day;
Legal Alert/Article
August 21, 2014, previously published on August 2014
In a June 20 decision, the Texas Supreme Court applied the economic loss rule to preclude a direct claim for negligent misrepresentation by a construction contractor against an owner's architect based on flawed design documents. LAN/STV v. Martin K. Eby Constr. Co., No. 11-0810, 2014 Tex. LEXIS...

 

HTMLThe New Texas Two-Step: Texas Supreme Court Articulates Evidence Spoliation Framework
Shawn Cleveland, N. Scott Fletcher, Joshua L. Fuchs, Matthew D. Orwig, Deborah Savarese Sloan; Jones Day;
Legal Alert/Article
August 21, 2014, previously published on August 2014
Spoliation of evidence has, for some time, remained an important topic relating to the discovery of electronically stored information. Many companies continue to struggle with the burden and expense of various retention requirements in the era of "big data." However, a recent Texas...

 

HTMLEPA Finalizes Renewable Identification Number Quality Assurance Program
Jane K. Murphy, Charles T. Wehland; Jones Day;
Legal Alert/Article
August 21, 2014, previously published on August 2014
In an effort to prevent fraud that threatens to undermine the Renewable Fuel Standard ("RFS") program, and to restore faith in the trading system established to facilitate RFS compliance, the United States Environmental Protection Agency ("EPA") published final regulations for a...

 

HTMLFDA Issues Draft Guidance on Determination of Reference Product Exclusivity for Biologics
Colleen Heisey, Mark Mansour, Christopher M. Mikson; Jones Day;
Legal Alert/Article
August 12, 2014, previously published on August 2014
On August 4, the U.S. Food & Drug Administration ("FDA") issued a draft guidance titled "Reference Product Exclusivity for Biological Products Filed Under Section 351(a) of the PHS Act." The draft guidance is intended to assist biological product sponsors and applicants in...

 

Adobe PDFAmending Claims During Inter Partes Review: Patent Practitioners Beware
Jaime D. Choi, David B. Cochran, John A. Marlott, Peter G. Thurlow; Jones Day;
Legal Alert/Article
August 11, 2014, previously published on August 2014
Although patent owners are theoretically allowed to amend patent claims during an inter partes review ("IPR") proceeding at the U.S. Patent and Trademark Ofiice ("USPTO"), in all of the proposed claim amendments submitted thus far, only one amendment has been allowed by the...

 


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