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HTMLEuropean Union Approves Directive on Antitrust Damages Actions
Eric Barbier de la Serre, Thomas Jestaedt, Alex Petrasincu, Johannes G. Zöttl; Jones Day;
Legal Alert/Article
December 16, 2014, previously published on November 2014
Earlier today, the Council of the European Union approved the long-awaited Directive governing actions for damages for infringements of competition rules (Damages Directive). The Damages Directive is based on a proposal by the European Commission (Commission) that followed more than ten years of...

 

HTMLJury Finds for Drug Manufacturers in First Post-Actavis "Reverse Payment" Trial
Jonathan Berman, Benjamin H. Cheng, Aimee E. DeFilippo, Kevin D. McDonald; Jones Day;
Legal Alert/Article
December 16, 2014, previously published on December 2014
In the first "reverse payment" trial since the U.S. Supreme Court’s Actavis decision held that "reverse payment" settlements potentially could be found anticompetitive under a rule of reason analysis, a federal jury in Massachusetts has returned a verdict in favor of the...

 

HTMLFDA Voices Privacy Concerns and Promotes Medical Device Cybersecurity with New Guidance, Collaborative Information-Sharing
Laurie A. Clarke, Alexis Slagle Gilroy, Colleen Heisey, Kevin D. Lyles, Mauricio F. Paez; Jones Day;
Legal Alert/Article
December 16, 2014, previously published on November 2014
Cybersecurity of medical devices poses unique challenges for industry and regulators, because of potential risks in device malfunction, disruption of medical care, and compromised patient data, as well as the challenge of balancing countervailing needs, such as patient safety and ensuring that...

 

HTMLDOJ Brings "Gun Jumping" Enforcement Action and Requires Disgorgement
Kathryn M. Fenton, J. Bruce McDonald, Thomas D. York; Jones Day;
Legal Alert/Article
December 16, 2014, previously published on November 2014
The U.S. Department of Justice has announced the settlement of an enforcement action challenging illegal "gun jumping," which is the coordination of the business activities of companies that are planning a merger but where the government has not completed its pre-closing review of the...

 

HTMLFERC Approves Eagle LNG Partners Jacksonville LLC’s Pre-Filing Request
Sutherland Asbill Brennan LLP;
Legal Alert/Article
December 12, 2014, previously published on December 3, 2014
Today, FERC approved Eagle LNG Partners Jacksonville LLC’s request to begin the pre-filing environmental review process for a proposed LNG liquefaction and temporary storage facility in Jacksonville, Florida on the St. John’s River (Jacksonville Project). The LNG would be loaded into...

 

HTMLEagle LNG Partners Jacksonville LLC Requests Initiation of Pre-Filing Procedures for Export Terminal
Sutherland Asbill Brennan LLP;
Legal Alert/Article
December 12, 2014, previously published on December 1, 2014
Eagle LNG Partners Jacksonville LLC (Eagle) has requested that FERC initiate pre-filing environmental review procedures for a proposed gas liquefaction and LNG export terminal in the City of Jacksonville, Fla. on the St. Johns River. The terminal would include three liquefaction trains having the...

 

HTMLWAPA Settles with FERC and NERC over Blackout
Sutherland Asbill Brennan LLP;
Legal Alert/Article
December 12, 2014, previously published on December 1, 2014
The Western Area Power Administration (WAPA), a regional power marketer, has reached a settlement with the Federal Energy Regulatory Commission (FERC) and the North American Electric Reliability Corporation (NERC) over a 2011 blackout. FERC alleged that WAPA’s Desert Southwest Region was...

 

HTMLAustralia Court Rejects Antitrust Challenge to Air Cargo Cartel, Finding "No Market in Australia"
Sébastien J. Evrard, John M. Majoras, J. Bruce McDonald, Prudence J. Smith, Nick Taylor; Jones Day;
Legal Alert/Article
December 10, 2014, previously published on November 2014
The Federal Court of Australia has dismissed the court action brought by the Australian Competition and Consumer Commission (ACCC) relating to air cargo price fixing. The lawsuit was commenced against 15 international airlines, but ultimately pursued against just two airlines, Air New Zealand and...

 

HTMLClass Action Defense Tip - Don’t Forget that UCL Claims Are Equitable
Robert J. Herrington; Greenberg Traurig, LLP;
Legal Alert/Article
December 10, 2014, previously published on November 10, 2014
Consumer products companies that face class action litigation in California most often see two causes of action: (i) claims that the company violated California’s infamous Unfair Competition Law (UCL); and (ii) claims that the company has violated the Consumer Legal Remedies Act (CLRA).

 

HTMLWill Evaporated Cane Juice Be Sweet for Class Action Plaintiffs?
Mark Mansour, Stephanie L. Resnik, Emily K. Strunk; Jones Day;
Legal Alert/Article
December 10, 2014, previously published on November 2014
The past few years have seen a remarkable growth in the number of class actions directed at food labels. Noteworthy about these cases is not merely how many have been filed but their nature as well. There's nothing novel about alleging that a product label (including a food label) is false or...

 


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