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HTMLSouthern District of Florida Rules that 180-Day Notice of Commercial Marketing Is Mandatory When Parties "Patent Dance"
Timothy J. Heverin, Gasper J. LaRosa; Jones Day;
Legal Alert/Article
December 30, 2015, previously published on December 2015
On December 9, 2015, United States District Court Judge James Cohn, in the Amgen v. Apotex Neulasta® litigation, granted Amgen's motion for a Preliminary Injunction barring Apotex from marketing its proposed biosimilar version of Neulasta®. The issue before the court was whether the...

 

HTMLAustralian High Court Finds Liquidators Are Not Required to Set Aside Money for Pre-Assessed Tax Liabilities
Philip Hoser, Tim L'Estrange; Jones Day;
Legal Alert/Article
December 30, 2015, previously published on December 2015
The liquidators of Australian Building Systems Pty Ltd ("ABS") caused ABS to enter into a contract for the sale of real property, which gave rise to a capital gain tax event. The liquidators sought a private ruling from the Commissioner of Tax on the question of whether they had an...

 

HTMLAustralia Announces Bankruptcy Changes-Moves Toward US Position
Philip Hoser; Jones Day;
Legal Alert/Article
December 30, 2015, previously published on December 2015
Although most western legal systems have recognised for some decades the public benefit in rehabilitating failed enterprises, some countries do it better than others. To some extent, this is because of differences in local legislation (sometimes small, but with far-reaching effects), which either...

 

HTMLA New Dawn for European Patents
Emmanuel Baud, Gerd Jaekel, Alastair J. McCulloch, Christian Paul; Jones Day;
Legal Alert/Article
December 30, 2015, previously published on December 2015
The creation of a new European Unified Patent Court ("UPC") and a new patent with unitary effect ("Unitary Patent"), in which almost all member states of the European Union participate,[1] is the most important change in the European patent system since the European Patent...

 

HTMLAir Permits Don't Stop Neighbors' Nuisance Claims
Casey F. Bradford, Alina Fortson, Charles T. Wehland; Jones Day;
Legal Alert/Article
December 29, 2015, previously published on December 2015
On November 2, 2015, the United States Court of Appeals for the Sixth Circuit issued opinions in two cases presenting the issue of whether the federal Clean Air Act ("CAA") preempts state common law claims against sources. In both cases, the Sixth Circuit ruled that the state law claims...

 

HTMLRecent Amendments Come into Force in Relation to the Spanish Public Notaries Act
Sergio Cires, Javier López Antón, Fernando Lillo; Jones Day;
Legal Alert/Article
December 29, 2015, previously published on December 2015
The recent amendments to the Spanish Public Notaries Act (Ley de 28 de mayo de 1862, del Notariado), which became effective on October 15, 2015, strengthen the regulation for notarial enforcement, with recently enacted rules applicable to the nonjudicial procedure.

 

HTMLAgreement Reached on the European Reform of Data Protection
Paloma Bru, Dionna J.A. Little, Mauricio F. Paez, Elizabeth A. Robertson, Undine von Diemar; Jones Day;
Legal Alert/Article
December 29, 2015, previously published on December 2015
After almost four years of heated debate, the EU Parliament, Council, and Commission have reached an agreement on the final form of the General Data Protection Regulation ("GDPR"), the most comprehensive reform of data protection law ever envisaged in the EU's history. It is not an...

 

HTMLNew Partnership Tax Audit Rules Will Impact Private Investment Fund Vehicles
Peter J. Elias, Olga A. Loy, Teresa A. Maloney, Babak Emil Nikravesh, Patrick B. O'Brien; Jones Day;
Legal Alert/Article
December 16, 2015, previously published on November 30, 2015
On November 2, 2015, President Barack Obama signed into law the Bipartisan Budget Act of 2015 (the “BBA”). The BBA includes new rules (the “New Audit Rules”) which significantly change many aspects of existing U.S. federal tax law relating to tax audits of entities treated...

 

HTML200 Hours for Failing to Answer Australia's Antitrust Regulator's Questions
Prudence J. Smith, Nick Taylor; Jones Day;
Legal Alert/Article
December 16, 2015, previously published on November 2015
In support of its competition law enforcement authority, the Australian Competition and Consumer Commission (ACCC) employs a wide range of techniques to gather evidence. Possibly the most effective is its statutory powers under section 155 of the Competition and Consumer Act 2010 (the Act). As...

 

HTMLIndonesian High Court Upholds Ruling that Contracts be Written in Indonesian
John Rainbird, Matthew J. Skinner, Quan Trinh; Jones Day;
Legal Alert/Article
December 15, 2015, previously published on December 2015
In August 2015, the Indonesian Supreme Court announced that it will uphold the ruling of the West Jakarta High Court in PT Bangun Karya Pratama Lestari v. Nine AM Ltd. ("BKPL" and "Nine AM"), which nullified and voided a loan agreement between the parties. Since the agreement...

 


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