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HTMLItaly’s New Rules for Listed Small and Mid Caps and Other Changes Relevant to Listed Issuers
Stefano Crosio, Sara Rizzon; Jones Day;
Legal Alert/Article
October 27, 2014, previously published on October 2014
The Italian Council of Ministers enacted Law Decree No. 91 of June 24, 2014 (the “Law Decree”), which introduced new measures aimed at ensuring the country’s future sustainability and growth. As part of such new measures, the Law Decree introduced significant changes to certain...

 

HTMLFirst-Ever Class Action Filed in France
Ozan Akyurek, Clemence de Perthuis; Jones Day;
Legal Alert/Article
October 27, 2014, previously published on October 2014
On October 1, 2014, the French accredited consumer association UFC-Que Choisir filed the first class action (action de groupe) in France. This action was filed against FONCIA, a company specialized in residential property management and real estate services, on the same day class action lawsuits...

 

HTMLEU Disclosure Requirements for Structured Finance Instruments
John Ahern, Neil J. Hamilton, Ulf Kreppel, Drew Salvest, Michelle Taylor; Jones Day;
Legal Alert/Article
October 23, 2014, previously published on October 2014
The European Commission has adopted a final regulation that sets out wide-ranging disclosure requirements for structured finance instruments ("SFIs") in circumstances where the issuer, originator or sponsor is established in the European Union ("EU").

 

HTMLParent-Subsidiary Directive
Jones Day;
Legal Alert/Article
October 16, 2014, previously published on October 2014
The Explanatory Memorandum to the Draft Law amending nonresident income tax points out that the main reason for the tax reform is to adapt it, to a greater extent, to the European Union regulatory framework. The draft law includes an anti-abuse clause, similar to the one currently in force, which...

 

HTMLLuxembourg-France Tax Treaty: Amendment Signed on September 5, 2014
Jones Day;
Legal Alert/Article
October 16, 2014, previously published on October 2014
On September 5, 2014, French Minister of Finance Michel Sapin and Luxembourgian Minister of Finance Pierre Gramegna signed an amendment to the France-Luxembourg Tax Treaty (1958) (the "Tax Treaty"), as amended by the 1970 exchange of letters and by the 1970, 2006, and 2009 protocols.

 

HTMLNew Developments for Real Property Transactions
Jones Day;
Legal Alert/Article
October 16, 2014, previously published on October 2014
On July 9, 2014, the German Supreme Fiscal Court decided a real estate transfer tax ("RETT") case that shines a new light on RETT structures. Contrary to the long-standing interpretation of the law, the court took the position that aspects of economic ownership are also relevant for RETT...

 

HTMLIRS Issues Guidance Regarding the Deductibility of Litigation Fees Incurred by Branded Pharmaceutical Companies When Defending Their Patents Against Challenges to Market Exclusivity by Generic Companies
Jones Day;
Legal Alert/Article
October 16, 2014, previously published on October 2014
There is welcome clarity for branded pharmaceutical companies seeking to deduct legal fees incurred in defending their patents against challenges to market exclusivity by generic companies. This clarity comes after a year of uncertainty arising from a negative opinion expressed by the IRS in a...

 

HTMLTreasury Department and IRS Issue Long-Awaited Inversion Guidance
Jones Day;
Legal Alert/Article
October 16, 2014, previously published on October 2014
On September 22, 2014, the U.S. Treasury Department and the IRS issued long-awaited inversion guidance in the form of Notice 2014-52. The Notice sets forth rules that are generally effective for transactions completed on or after September 22, 2014, and will be included in regulations that will be...

 

HTMLFDA Releases Framework for Overseeing Laboratory Developed Tests
Laurie A. Clarke, Brigid C. DeCoursey, Colleen Heisey; Jones Day;
Legal Alert/Article
October 16, 2014, previously published on October 2014
On September 30, 2014, the U.S. Food and Drug Administration ("FDA") released the two draft guidance documents setting forth FDA's proposed framework for regulating Laboratory Developed Tests ("LDTs") as medical devices: (i) Draft Guidance for Industry, Food and Drug...

 

HTMLU.S. Causes of Action and Attorney Retainer Fund Sufficient Assets for Chapter 15 Recognition
Mark G. Douglas, Pedro A. Jiménez; Jones Day;
Legal Alert/Article
October 16, 2014, previously published on September/October 2014
In December 2013, the U.S. Court of Appeals for the Second Circuit held as a matter of first impression in Drawbridge Special Opportunities Fund LP v. Barnet (In re Barnet), 737 F.3d 238 (2d Cir. 2013), that section 109(a) of the Bankruptcy Code, which requires a debtor "under this title"...

 


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