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HTMLSixth Circuit Narrows Scope of TCPA "Unsolicited Advertisements"
William F. Dolan, Daniel J. Fabiano, Gregory R. Hanthorn, Aaron M. Healey, J. Todd Kennard; Jones Day;
Legal Alert/Article
June 24, 2015, previously published on June 2015
A central issue in many Telephone Consumer Protection Act ("TCPA") cases is whether the communication that the plaintiff challenges amounts to an "unsolicited advertisement" or whether it is merely an informational communication that is not prohibited by the statute. The answer...

 

HTMLOIG Cautions Physicians to Consider Compensation Arrangements Carefully
Michele R. Goodman, Gerald M. Griffith, Rebekah N. Plowman; Jones Day;
Legal Alert/Article
June 23, 2015, previously published on June 2015
The Department of Health and Human Services, Office of Inspector General ("OIG") recently released a fraud alert cautioning physicians who enter into medical directorships and other compensation arrangements, recommending that they consider whether the terms and conditions of such...

 

HTMLNIST's Privacy Risk Management Framework Released in Draft Report
Todd S. McClelland, Daniel J. McLoon, Michael G. Morgan, Mauricio F. Paez, Gregory P. Silberman; Jones Day;
Legal Alert/Article
June 22, 2015, previously published on June 2015
On May 29, 2015, the National Institute of Standards and Technology ("NIST") released Privacy Risk Management for Federal Information Systems (NISTIR 8062) as a draft report, introducing its newly developed Privacy Risk Management Framework ("Privacy Framework"). The stated...

 

HTMLRecent Developments in Regulations Governing the Manufacturing and Marketing of Induced Pluripotent Stem Cells
Masatoshi Adachi, Scott T. Jones, Mitsutaka Okano; Jones Day;
Legal Alert/Article
June 18, 2015, previously published on June 2015
Japan continues to develop regulations governing induced pluripotent stem ("iPS") cells.

 

HTMLPromulgation of the Reforms Creating Mexico's National Anticorruption System
Antonio Franck, Antonio Gonzalez, Guillermo E. Larrea, Bertha Alicia Ordaz-Aviles, Jose Antonio Vazquez Cobo; Jones Day;
Legal Alert/Article
June 18, 2015, previously published on June 2015
On May 27, 2015, Mexico's Executive Power published several amendments to the Political Constitution of the United Mexican States in the Official Federal Gazette, creating the National Anticorruption System ("Anticorruption System"). The purpose of these amendments is to allow several...

 

HTMLMajor Asset Privatisations Commencing in Australia's Energy and Infrastructure Sectors
Gregory K. Begaud, Bill Napier, James Parker, Tony Wassaf; Jones Day;
Legal Alert/Article
June 18, 2015, previously published on June 2015
The Australian federal and state governments are embarking on major asset privatisation programs, with the first assets about to hit the market. The privatisation programs are being boosted by federal government incentives to state governments, which recycle the proceeds into infrastructure under...

 

HTMLSpain Passes New Securitization Act
Andres Lorrio, Ivan Martin Barbon; Jones Day;
Legal Alert/Article
June 18, 2015, previously published on June 2015
On April 27, 2015, the Promotion of Business Financing Act (Ley de Fomento de la Financiación Empresarial, "Act 5/2015") was passed in Spain, introducing, inter alia, a new simplified and consolidated regime for securitization transactions.

 

HTMLDashed Expectations: Delaware Court Rules Make-Whole Premium Not Payable Upon Early Repayment of Bond Debt in Bankruptcy
Mark G. Douglas, Jonathan M. Fisher; Jones Day;
Legal Alert/Article
June 18, 2015, previously published on May/June 2015
Whether a provision in a bond indenture or loan agreement obligating a borrower to pay a “make-whole” premium is enforceable in bankruptcy has been the subject of heated debate in recent years. A Delaware bankruptcy court recently weighed in on the issue in Del. Trust Co. v. Energy...

 

HTMLGreater Powers for EU Anti-Suit Relief Continue to Vest in Arbitral, Not Curial, Hands
Michael W. Bühler, Damian Watkin, Karim George Zein; Jones Day;
Legal Alert/Article
June 18, 2015, previously published on June 2015
When courts compel parties to arbitration, i.e. upholding the underlying arbitral agreement, it is considered a routine judicial response. When courts prohibit parties from pursuing proceedings before other national courts, i.e. granting an anti-suit injunction, it is considered an exceptional...

 

HTMLFederal Circuit Says that Receiving Expert Testimony, Without More, Does Not Trigger Deferential Review of Claim Construction
Gregory A. Castanias, Anthony M. Insogna, Sasha Mayergoyz, Jason G. Winchester; Jones Day;
Legal Alert/Article
June 18, 2015, previously published on June 2015
In its June 3, 2015 opinion in Shire Development, LLC v. Watson Pharmaceuticals, Inc., the Federal Circuit addressed the proper deference owed to a district court's claim construction when the district court receives extrinsic evidence but does not make any factual findings based on such evidence....

 


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