Jones Day Talks

The uncertainty continues for companies potentially at risk since the Trump Administration lifted the suspension on Title III of the Helms-Burton Act, a provision that empowers U.S. nationals with claims to confiscated property in Cuba to file suit in U.S. courts against entities "trafficking" in those assets. Rick Puente and Chris Pace review recent case developments, discuss the appointment of new National Security Advisor Robert O'Brien, and talk about what parties possibly affected by Helms-Burton should expect next. Read the full transcript at the Jones Day website.

The U.S. Supreme Court’s ruling in Mission Product Holdings v. Tempnology, LLC  holds interesting implications for both trademark law and bankruptcy law. Also, in Iancu v. Brunetti, the Court confirmed that trademarks cannot be refused registration on the basis that they constitute "immoral" or "scandalous" matter. Meredith Wilkes, Jennifer Swize, and Anna Raimer review the ramifications of these decisions and preview two additional trademark cases the Court will hear next session. Read the full transcript on the Jones Day website.

In this Encore Presentation: Jones Day Talks podcast on foreign direct investment, Randi Lesnick and Chase Kaniecki discuss the current global M&A landscape, the challenges of multijurisdictional deal making, the impact of geopolitical issues, and why investors can benefit from contingency planning.

France remains a vibrant market for investors. But as is the case in many countries, France is establishing regulations to oversee and control foreign investment in certain industries and sectors. Jones Day's Audrey Bontemps, Nicolas Brice, and Chase Kaniecki talk about the country's foreign direct investment regulations and explain how parties to possible transactions subject to these rules should proceed.

Italy is ranked one of the top destinations for investment in the European union. Still, the Italian government wields the authority to review, and even prevent, investments by foreign entities seeking assets in certain sectors and industries. Jones Day's Stefano Crosio and Chase Kaniecki talk about recent developments in Italy's foreign direct investment regulations and discuss strategic considerations for parties to potential transactions.

The United Kingdom is taking a careful look at potential direct investments by foreign entities. While the UK certainly works hard to attract investor interest, concerns relating to certain sectors can trigger government scrutiny and oversight. Jones Day’s Matt Evans and Chase Kaniecki discuss the U.K.'s review process, the role of the Competition and Markets Authority, the sectors subject to examination, and the importance of "managing the message."

In step with a global trend, the European Union has enacted a framework, effective October 11, 2020, for screening foreign direct investment into EU states. Jones Day's Renato Antonini, Eva Monard, and Chase Kaniecki discuss the industries and sectors affected, the impact on investment deal flow, and other likely effects of the new EU-wide provisions.

President Trump's American AI Initiative is a far-reaching plan designed to ensure the United States remains a world leader in artificial intelligence research, development, and deployment. Jones Day's Emily Tait, Samir Jain, and Chase Kaniecki discuss the focus areas defined by the Initiative, the government agencies involved, and the short-term and long-term implications of the President's actions.

Breaking more than two decades of precedent, the Trump Administration has allowed the suspension of Title III of the Helms-Burton Act to lapse, thereby enabling eligible individuals and companies to file lawsuits in U.S. courts seeking compensation for assets expropriated by the Cuban government since 1959. Jones Day's Chris Pace and Rick Puente discuss the circumstances leading to Title III, how companies can evaluate claims they may have under Title III or exposure they may face under Title III, and potential defenses to Title III lawsuits.

Jones Day's Dave Cochran and Matt Johnson discuss recent developments in patent litigation and appeals, including the continuing importance of the PTAB as a jurisdiction of first choice for patent disputes in the United States, and the impact of the Precedential Opinion Panel ("POP") introduced late last year. They also describe how filing strategies, as well as preliminary response strategies, should be altered as we mark one year since the U.S. Supreme Court's landmark decision in SAS Institute v.  Iancu. Read the full transcript on the Jones Day website.

Am 21. Dezember 2018 ist das sog. Energiesammelgesetz in Kraft getreten, mit dem u.a. das EEG geändert wurde. Hierbei handelt es sich um die siebte Änderung des EEG 2017 seit dessen Inkrafttreten vor etwas mehr als zwei Jahren. Eingeführt wurde u.a. eine Pflicht zur Ausrüstung von Windenergieanlagen mit einer bedarfsgesteuerten Nachtkennzeichnung ab dem 1. Juli 2020. Diese Pflicht gilt auch für Bestandsanlagen; schätzungsweise 18.000 Windenergieanlagen in Deutschland müssen daher nachgerüstet werden. Aus der aktuellen Rechtsprechung ist ein Beschluss des Bayerischen Verwaltungsgerichtshofs vom 3. April 2019 zur Anwendbarkeit der sog. 10 H-Regelung insbesondere für Planer und Betreiber von Windenergieanlagen in Bayern relevant. Danach ist die 10 H-Regelung (Art. 82 BayBO) auch dann bei der Erteilung von Änderungsgenehmigungen nach § 16 BImSchG zu beachten, wenn bereits eine bestandskräftige BImSchG-Genehmigung vorliegt und sich weder die Standorte noch die Höhe der Anlagen ändern. Diese aktuellen Themen im B

On December 21, 2018, the so-called Energy Collective Law came into force, amending, inter alia, the German Renewable Energies Act ("EEG"). This is the seventh amendment to the EEG 2017 since it came into force on January 1, 2017. Among other things, an obligation was introduced to equip wind turbines with need-controlled night-time identification from July 1, 2020. This obligation also applies to existing turbines; an estimated 18,000 wind turbines in Germany will therefore have to be retrofitted. From the current case law, a decision of the Bavarian Higher Administrative Court of April 3, 2019, on the applicability of the so-called 10 H regulation is relevant in particular for planners and operators of wind farms in Bavaria. According to this decision, the 10 H regulation must also be observed when granting amendment permits in accordance with the German Federal Emission Control Act if a valid and binding permit for the wind farm already exists and neither the locations nor the height of the turbines chang

Like many countries, Australia is taking a careful look at proposed investments by foreign entities, particularly  when certain sensitive industries or a government agency are involved. Jones Day's Mark Crean, Ingrid Costello, Amelia Berczelly, and Chase Kaniecki discuss the FIRB approval procedures, mandatory and voluntary notifications, and the actual risk of a deal not being approved.

In what has become known as the Alston or Jenkins case, a California district judge has issued  a 104-page order in In re: NCAA Grant-in-Aid Cap Antitrust Litigation.  The matter focused on NCAA rules that prohibit schools from offering certain forms of compensation to student-athletes. Jones Day's Chris Pace and Marc Weinroth talk about the Alston decision and what it could mean for college sports programs.

Germany has two different sets of rules for the review of foreign direct investments. The relevant ordinance, the Außenwirtschaftsverordnung, or AWV, provides for a sector-specific review process applying to the acquisition, by any non-German acquirer, of German companies active in military products and crypto-technology. The other set of rules, the cross-sectoral review, applies to the acquisition of all other companies by any non-EU acquirer. Jones Day's Jürgen Beninca and Chase Kaniecki discuss what investors should know about the AWV.

With the passage of the Eliminating Kickbacks in Recovery Act in October 2018, Congress took aim at the ongoing opioid crisis threatening communities across the U.S.  This new criminal statute targets healthcare providers that knowingly pay for or otherwise incentivise referrals of individuals to recovery homes, clinical treatment facilities, or laboratories. Partner Ann Hollenbeck discusses with Health Care lawyers B. Kurt Copper and John Kirsner, covering the goals, exceptions and other crucial details of the Act.

In Fourth Estate Public Benefit Corporation v. Wall-Street.com, the U.S. Supreme Court tackled questions relating to copyright applications vs. copyright registrations, while in Rimini Street v. Oracle, the justices ruled on how costs are measured in copyright litigation. Jones Day's Jessica Bradley, Anna Raimer, and Meredith Wilkes explain the implications for copyright holders, applicants, and litigants. They also talk about what's ahead for the Firm's "Women in IP" initiative.

The SEC requires anyone who acquires more than 5 percent ownership of any class of registered securities to file a Schedule 13D within 10 days, thereby disclosing their holdings and intentions. But the process has come under persistent criticism, as activist hedge funds and similar investors have used the 10-day window to conceal their accumulations. Lizanne Thomas, leader of the Firm's corporate governance team, talks about the current wave of shareholder activism and explains why the SEC’s Schedule 13D 10-day filing window is in need of reform.

Jones Day's Justin Huff, Laura Fraedrich, and Chase Kaniecki explain the role of CFIUS, discuss how provisions of the FIRRMA pilot program are affecting investment in the U.S., and talk about what to expect next in cross-border transaction oversight.

In the first in a Jones Day Talks series on foreign direct investment, Randi Lesnick and Chase Kaniecki discuss the current global M&A landscape, the challenges of multijurisdictional deal making, the impact of geopolitical issues, and why investors can benefit from contingency planning.