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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...

 

HTMLSingapore: Industrial Relations Act Amendments-More Options for Representation of Executives in the Workplace
David P. Longstaff; Jones Day;
Legal Alert/Article
May 26, 2015, previously published on Spring 2015
Singapore has recently passed amendments to the Industrial Relations Act, which broaden the options available for representation of executives in the workplace to allow for representation by "rank-and-file" trade unions. The Industrial Relations (Amendment) Act 2015 (the "Amendment...

 

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."

 

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...

 

HTMLMach Mining, LLC v. EEOC: Supreme Court Holds that Courts May Engage in Limited Review of EEOC Conciliation Efforts
Eric S. Dreiband, Brian M. Jorgensen, Alison B. Marshall; Jones Day;
Legal Alert/Article
May 26, 2015, previously published on May 2015
On April 29, 2015, the United States Supreme Court unanimously held that courts have authority to review whether the U.S. Equal Employment Opportunity Commission ("EEOC") has fulfilled its Title VII duty to attempt conciliation. Justice Elena Kagan's opinion clarified, however, that...

 

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.

 

HTMLChina: Public Opinions Sought on Draft Provisions of Mass Layoff of Enterprises
Patrick Yu, Liming Yuan; Jones Day;
Legal Alert/Article
May 26, 2015, previously published on Spring 2015
The Ministry of Human Resources and Social Security of the People's Republic of China published Provisions on Enterprise Mass Layoff (Draft for Comments) (the "Draft Provisions") on December 31, 2014, and requested the submission of public comments and opinions on the Draft Provisions by...

 

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...

 


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