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Jones Day
By Ann T. Hollenbeck, Courtney Carrell
A recent Fifth Circuit decision is good news for health care providers struggling with the Medicare appeals process, but the agency's limited reimbursements for telemedicine services continue to frustrate providers.
By Peter Saba
In In re Houston Regional Sports Network, L.P., 886 F.3d 523 (5th Cir. 2018), the U.S. Court of Appeals for the Fifth Circuit held that bankruptcy courts have flexibility in selecting the date on which to value collateral.
By Matthew Johnson
The USPTO has published a final rule changing the claim construction standard applied during inter partes review (IPR), post-grant review (PGR), and the transitional program for covered business...
By Mark Douglas
In In re Woodbridge Group of Companies, LLC, 2018 WL 3131127 (Bankr. D. Del. June 20, 2018), the bankruptcy court ruled that, because an anti-assignment clause in a promissory note...
By Paul Green, Mark Douglas
In a highly anticipated decision—Sabine Oil & Gas Corp. v. Nordheim Eagle Ford Gathering, LLC (In re Sabine Oil & Gas Corp.), 734 Fed. Appx. 64, 2018 WL 2386902 (2d Cir. May 25, 2018)—the U.S. Court
By Geoffrey Gavin, Matthew Johnson
Last week, the PTAB denied a rehearing request by a patent owner who asserted that the PTAB's institution decision failed to comply with PTAB rules, specifically 37 C.F.R. § 42.108,
By Mark Cody, Mark Douglas
In a highly anticipated decision, the U.S. Court of Appeals for the Fifth Circuit recently affirmed a bankruptcy court order dismissing a chapter 11 case filed by a corporation without obtaining—as required by its corporate charter ...
By Brad Erens, Mark Douglas
Amid the explosion of trading in claims against distressed and bankrupt entities, courts in recent years have issued numerous rulings of interest to both buyers and sellers.
By Stephen Obie, Mark W. Rasmussen
In "How Regulations Could Help Cryptocurrencies Grow," published in the Harvard Business Review, Jones Day partners Stephen Obie and Mark Rasmussen explain why effective government oversight is critical...
By Benjamin L. Stulberg, James Dougherty, Randi Lesnick, Robert Faxon, Andrew Levine, Gabrielle Feuer (Gabby)
The Situation: In a significant decision, a Delaware court found that a target company has suffered a material adverse effect ("MAE"), allowing a would-be buyer to abandon an announced merger.
By Adam Salter
In this edition of the Update, we first report on the decline in labour costs and the Prime Minister's decision not to lift the retirement age.
By Todd McClelland, Richard M. Martinez, Jeff Rabkin, Frances P. Forte
On September 28, 2018, California Governor Jerry Brown signed legislation making California the first state to expressly regulate the security of connective devices, which are commonly referred to as internet of things ("IoT") devices.
By Carl Kukkonen III, Phillip M. Shelton
On September 13, 2018, the U.S. Court of Appeals for the Federal Circuit affirmed a decision by the USPTO PTAB that the claims in U.S. Patent 8,714,977 are unpatentable as being anticipated by a product catalog...
By Matthew Johnson
District courts have discretionary authority to grant a motion to stay. Courts consider three factors in deciding how to exercise that discretion, the first being whether a stay will simplify
By Emmanuel De La Rochethulon, Nicolas André, Alexios Theologitis, Stéphane Raison
The Situation: The first draft of the French government's finance bill for 2019 contains several significant amendments likely to affect key French tax regimes as well as past and current transactions
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