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HTMLFederal Circuit Refines Patent Damages Analysis as to Apportionment and Standard-Essential Patents
Keith B. Davis, David M. Maiorana, S. Christian Platt; Jones Day;
Legal Alert/Article
December 15, 2015, previously published on December 2015
On December 3, 2015, the Federal Circuit vacated a $16 million damages award and remanded for a new determination of a reasonable royalty, agreeing with the district court's apportionment analysis but finding legal error with respect to the court's failure to account for the value due to the patent...

 

HTMLFAST Act Highway Bill Signed into Law, Includes Securities Law Changes
Adam Jason, Michael J. Solecki; Jones Day;
Legal Alert/Article
December 15, 2015, previously published on December 2015
Buried within the 1,300-page "Fixing America's Surface Transportation Act," also known as the FAST Act, which President Obama signed on December 4, 2015, are provisions that (i) amend certain sections of the Jumpstart Our Business Startups Act of 2012 (the "JOBS Act"), (ii)...

 

HTMLProtectionist Legislation Could Restrict Ability of Multinational Businesses to Obtain Information about Russian Subsidiaries and Satellite Offices
Vladimir Lechtman, Mauricio F. Paez, Sergei Volfson; Jones Day;
Legal Alert/Article
December 15, 2015, previously published on December 2015
In a move to prevent information about Russian companies from leaving the country, several members of the State Duma (the Russian parliament's lower chamber) recently proposed draft legislation to restrict the disclosure of individual and corporate information to foreign enforcement authorities and...

 

HTMLLooming Texas Supreme Court Decision Could Impact Contractor Liability in Construction Cases
Andrew D. Ness, William R. Taylor, J. Laurens Wilkes; Jones Day;
Legal Alert/Article
December 9, 2015, previously published on December 2, 2015
In November 2015, the Texas Supreme Court heard oral arguments to determine if a general contractor was a "seller" under Chapter 82 of the Civil Practice and Remedies Code and entitled to indemnification from the manufacturer of an allegedly defective roof truss. See Centerpoint Builders...

 

HTMLThe Ninth Circuit Reins In the Equitable Mootness Doctrine
Danielle Barav-Johnson, Mark G. Douglas; Jones Day;
Legal Alert/Article
December 9, 2015, previously published on November/December 2015
Since the development of the doctrine of equitable mootness nearly a quarter century ago, courts have struggled to apply it in a way that strikes the appropriate balance between the need to ensure the finality and certainty of a chapter 11 plan for stakeholders, on the one hand, and the need to...

 

HTMLNew Decision Raises the Bar for FTC Enforcement Actions Over Data Security Practices
Todd S. McClelland, Michael G. Morgan, Mauricio F. Paez, Jeffrey Rabkin, Gregory P. Silberman; Jones Day;
Legal Alert/Article
December 9, 2015, previously published on November 18, 2015
A decision on November 13, 2015 has raised the bar for Federal Trade Commission ("FTC") enforcement actions over data security practices. (In re LabMD, Inc., F.T.C. ALJ, No. 9357, (11/13/15)). In order for the FTC to maintain an enforcement action under Section 5 of the Federal Trade...

 

Adobe PDFAre Federally Protected Trade Secrets on the Horizon? Key Things to Know about the Defend Trade Secrets Act of 2015
Kenneth S. Canfield, Douglas L. Clark, Randall Evan Kay, Kelsey I. Nix; Jones Day;
Legal Alert/Article
December 9, 2015, previously published on November 2015
With the Defend Trade Secrets Act of 2015, Congress once again is considering federal civil trade secret legislation. The act, identical versions of which have been proposed in both the House and Senate, attempts to create a uniform federal claim for trade secret misappropriation.

 

HTMLAdverse Action Claim Dismissed after Employer Found to Have No Knowledge of Employee's Depression
Adam Salter; Jones Day;
Legal Alert/Article
December 7, 2015, previously published on November 2015
In Kubat v Northern Health [2015] FCCA 3050 (17 November 2015), the Federal Court dismissed an employee's claim that disciplinary action taken against her and her eventual dismissal amounted to unlawful adverse action taken due to her mental illness.

 

HTMLVictorian Education Department Found to Have Unlawfully Deducted $20 Million for Laptop Use
Adam Salter; Jones Day;
Legal Alert/Article
December 7, 2015, previously published on November 2015
In Australian Education Union v State of Victoria (Department of Education and Early Childhood Development) [2015] FCA 1196 (6 November 2015), the Federal Court found that the Department of Education and Early Childhood Development ("DEECD") had breached the Fair Work Act 2009 (Cth)...

 

HTMLABS Data Reveals Decline in Trade Union Membership
Adam Salter; Jones Day;
Legal Alert/Article
December 7, 2015, previously published on November 2015
On 27 October 2015, the Australian Bureau of Statistics released the results of its 2014 Characteristics of Employment Survey ("Survey"), revealing a significant decline in trade union membership to 1.7 million Australians. The Survey found that in August 2014, only 15 percent of people...

 


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