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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...

 

HTMLHong Kong: Clarification on Calculation of Payment under the Protection of Wages on Insolvency Ordinance
Anita Leung, Michael Mai; Jones Day;
Legal Alert/Article
May 26, 2015, previously published on Spring 2015
The Protection of Wages on Insolvency Fund (the "Fund") was established in 1985 to provide timely relief in the form of an ex gratia payment to eligible employees affected by the insolvency of their employers, for example where employees' severance payments are withheld pending winding-up...

 

HTMLAustralia: Australian Fair Work Commission Signals New Willingness to Terminate Restrictive Enterprise Agreements that have Passed Their Nominal Expiry Dates
Stephanie Crosbie, Adam Salter; Jones Day;
Legal Alert/Article
May 26, 2015, previously published on Spring 2015
A Full Bench of the Fair Work Commission (the "FWC") in Aurizon Operations Limited: Aurizon Network Pty Ltd [2015] FWCFB 540 has ordered the termination of 12 enterprise agreements that had passed their nominal expiry dates.

 

HTMLJapan: Enforcement of Act on Special Measures Concerning Fixed-Term Employees with Expert Knowledge, Etc.
Yusuke Hanada, Rika Sato; Jones Day;
Legal Alert/Article
May 26, 2015, previously published on Spring 2015
On April 1, 2015, the Act on Special Measures concerning Fixed-Term Employees with Expert Knowledge, etc. (the "Act") came into force. The Act provides for certain exceptions to the "rule of conversion into indefinite-term contracts." This rule, contained in the Labor Contract...

 

HTMLDivided Federal Circuit Panel Stands by the Single Entity Rule for Direct Patent Infringement
Gregory A. Castanias, Matthew J. Silveira, Jennifer L. Swize; Jones Day;
Legal Alert/Article
May 26, 2015, previously published on May 2015
On May 13, 2015, in Akamai Technologies, Inc. v. Limelight Networks, Inc., a divided Federal Circuit panel again concluded that direct infringement liability of a method claim exists only "when all of the steps of the claim are performed by or attributed to a single entity."

 

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...

 

HTMLDistrict Court Holds Coal Companies Have Standing to Sue EPA for Failing to Evaluate Losses of Employment that May Result From Enforcement of the Clean Air Act
Jane Borthwick Story; Jones Day;
Legal Alert/Article
May 26, 2015, previously published on Spring 2015
On March 24, 2014, multiple coal companies filed suit against the Administrator of EPA in the United States District Court for the Northern District of West Virginia. Murray Energy Corp. v. McCarthy, No. 5:14-CV-39. The plaintiffs alleged that EPA failed to comply with § 321(a) of the Clean...

 

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.

 

HTMLCOMESA Amends Antitrust Rules Requiring Merger Filings in Eastern and Southern Africa
Javade Chaudhri, Ashley M. Howlett, Francesco Liberatore, Weyinmi E. Popo, Johannes G. Zöttl; Jones Day;
Legal Alert/Article
May 26, 2015, previously published on May 2015
The COMESA Competition Commission (CCC) has announced new thresholds for determining whether a merger or acquisition transaction must be filed and obtain clearance through the CCC. COMESA is the 19-country Common Market of Eastern and Southern Africa (COMESA), whose largest members are Egypt and...

 


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