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HTMLCourt Finds Swap Agreement and Underlying Lease Agreement Are Not Severable
Philippe Goutay, Anselme Mialon; Jones Day;
Legal Alert/Article
June 26, 2015, previously published on June 2015
In a decision dated January 20, 2015, the Paris Court of Appeal confirmed an earlier decision held by a lower court in a case involving a floating rate lease agreement and a swap contract.

 

HTMLProvisions Applying to French Branches of Non-EU Credit Institutions Are Revised
Philippe Goutay, Anselme Mialon; Jones Day;
Legal Alert/Article
June 26, 2015, previously published on June 2015
Pursuant to Article 47(1) of CRD IV, Ordinance no. 2015-558 dated May, 21, 2015 amended with immediate effect the provisions applying to French branches of non-EU credit institutions.

 

HTMLMembers of the Securities Regulator and the Enforcement Committee Issue Proposals on Dual Enforcement of Market Abuses
Philippe Goutay, Anselme Mialon; Jones Day;
Legal Alert/Article
June 26, 2015, previously published on June 2015
As previously reported, recent case law requires amending rules providing for the dual enforcement of market abuses both by the enforcement body of the securities regulator and criminal courts.

 

HTMLPosition Limits and Reporting on Commodity Derivatives to Take Effect Next Month
Philippe Goutay, Anselme Mialon; Jones Day;
Legal Alert/Article
June 26, 2015, previously published on June 2015
Beyond providing for a French regime of banking separation, French Law no. 2013-672 of July 26, 2013 had sought to anticipate MiFID 2 on a number of issues. Among such issues, starting from July 1, 2015, the Autorité des Marchés Financiers ("AMF") will be empowered to impose...

 

HTMLFDA Puts out Guidance to Require Submissions in ICH’s Electronic Format for Certain Pharmaceutical Product Applications Within Two Years
Scott S. Liebman; Loeb & Loeb LLP;
Legal Alert/Article
June 16, 2015, previously published on May 2015
The regulator issued guidance in accordance with the FDCA that outlines Electronic Common Technical Document (eCTD) specification requirements for submissions of new drug or biological products, requiring that all submissions be done electronically and in the ICH-developed format within the next...

 

HTMLSupreme Court Limits Antitrust Immunity for Certain State Agencies
Robert B. Craig, Aaron M. Herzig; Taft Stettinius & Hollister LLP;
Legal Alert/Article
March 25, 2015, previously published on March 2, 2015
Last week, the United States Supreme Court issued an opinion that will have a broad impact on how states regulate professions through agencies and licensing boards. In North Carolina State Board of Dental Examiners v. FTC, No. 13-534, 574 U.S. &under;&under; (2015), the court ruled that the...

 

HTMLNinth Circuit Affirms Finding That Hospital’s Acquisition of Medical Group Was Anticompetitive
Robert B. Craig; Taft Stettinius & Hollister LLP;
Legal Alert/Article
March 2, 2015, previously published on February 12, 2015
The Federal Trade Commission maintained its winning streak in health care merger cases after the 9th Circuit affirmed an Idaho district court’s ruling that the acquisition of Idaho’s largest physician group by one of the state’s largest health care systems violated Section 7 of...

 

HTMLBill Introduced in Congress Calls for Private Enforcement of All Food Regulations and Would Weaken Preemption Defenses
Jonathan Berman; Jones Day;
Legal Alert/Article
February 26, 2015, previously published on January 2015
Recent years have seen a surge in private class actions alleging that food labels are misleading or misbranded. The viability of many of these cases, however, has been limited by two important provisions of the Food, Drug, and Cosmetic Act ("FDCA"). Section 310 provides that only the...

 

HTMLAustralian Antitrust Enforcement Focuses on Healthcare & Life Sciences
Jason A. Beer, Stella Lee, Bevin M.B. Newman, Nick Taylor; Jones Day;
Legal Alert/Article
February 25, 2015, previously published on December 2014
The Australian Competition and Consumer Commission (ACCC) has continued its focus on the healthcare and life sciences sectors this year, most recently commencing litigation against Little Company of Mary Health Care, operator of Calvary Health (Calvary), a major Australian healthcare provider.

 

HTMLFDA to Hold Webinar on Cybersecurity in Medical Devices Guidance
Mark A. McAndrew; Taft Stettinius & Hollister LLP;
Legal Alert/Article
November 5, 2014, previously published on October 28, 2014
On Oct. 29, 2014, the United States Food and Drug Administration (FDA) will hold a webinar on its Final Guidance “Content of Premarket Submissions for Management of Cybersecurity in Medical Devices.” According to the FDA, the webinar seeks to explain the guidance and provide a forum for...

 


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