Jones Day Talks

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.

Patent Trial and Appeal Board, or PTAB, defense litigation strategies continue to evolve. In a recent Law360 article, Jones Day Intellectual Property lawyers Dave Cochran, Mike Hendershot, and Matt Johnson explained why previous assumptions and strategies pertaining to PTAB litigation must be reconsidered. Mr. Hendershot and Mr. Johnson clarify the importance of tight coordination between trial and PTAB counsel, fully developing noninfringement positions early, tailoring a PTAB petition to the claims and grounds truly at issue, and more in this Jones Day Talks podcast.

Section 101 of the U.S. Patent Act─which identifies four categories of inventions or discoveries that are eligible for patent protection─presents a number of challenges to companies working on innovations in the life sciences space. Jones Day's Patricia Campbell and Susan Gerber, who recently coauthored an article on this topic for The Intellectual Property Strategist, are joined by Meredith Wilkes in this edition of Jones Day Talks Intellectual Property. They discuss Section 101 and life sciences, and talk about what's coming up for Jones Day's Women in IP initiative.

Africa's 1.2 billion people, its rich natural resources, and the improving political stability in many of its nations have positioned the continent for meaningful economic growth in the coming years. The African Continental Free Trade Agreement ("CFTA"), developed and brokered by the African Union, would significantly expand intracontinental trade and remove oppressive tariffs and other barriers that hinder prosperity in the region. Jones Day partner Javade Chaudhri talks about the current status of the CFTA, and what companies considering investment or expansion in Africa should know now.

In its April 2018 decision in SAS Institute, Inc. v. Iancu, the U.S. Supreme Court held that when conducting an inter partes review, the U.S. Patent Office must determine the patentability of each of the claims challenged by the petitioner.   Jones Day partners Dave Cochran  and Matt Johnson explain how SAS Institute reverses prior interpretations of the inter partes review statute and discuss where it has already affected litigation strategies for petitioners and patent holders. (Running time: 24:51)   Visit Jones Day's PTAB Litigation Blog.

Jones Day partner Ann Hollenbeck shares an informative conversation with associate Ian Pearson, who was a lead in the area of digital health at the U.S. Food and Drug Administration. They discuss how the FDA is addressing the challenges resulting from the rapidly growing and changing digital health marketplace. Mr. Pearson explains the Agency's Digital Health Innovation Plan and why it's important that companies participating in this sector engage with the FDA in the early stages of development. (Running time: 14:36)

Our first in a series of Jones Day Talks podcasts on Blockchain features Jones Day's Jim Cox, coeditor of the American Bar Association book Blockchain for Business Lawyers, answering common blockchain questions such as: What is blockchain? How does it work? What are its current and future applications? And who—and where—is Satoshi Nakamoto? (Running time: 21:48)

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 to bringing accountability and stability to this emerging asset class. Mr. Obie and Mr. Rasmussen discuss specific actions the SEC could take to promote clarity and innovation in the cryptocurrency market in this edition of Jones Day Talks Technology.

Deutschland ist nach wie vor ein wichtiger Markt für Investitionen im Bereich Erneuerbare Energien. Die regulatorischen Rahmenbedingungen sind stabil, und im Gegensatz zu anderen Ländern gab es in Deutschland keine rückwirkenden Kürzungen der Einspeiseförderung. Daher ist die Nachfrage der Investoren nach Projekten in Deutschland seit Jahren hoch. Worauf sollten Investoren bei der rechtlichen Prüfung von Projekten achten? Dies erläutert Kerstin Henrich von Jones Day.

Germany remains an important market for renewable energy investments. The regulatory framework is stable, and in contrast to other countries, Germany imposes no retroactive reductions in feed-in subsidies. For years, these favorable conditions have led to robust investor demand for renewable energy projects. But what should investors look out for when auditing these projects? Jones Day's Kerstin Henrich explains.

Cyberattacks, which can result in data breaches and the unauthorized access of a company's—or its clients' and customers'—information, are a threat to organizations of nearly any size. Jones Day's Jeff Rabkin, Jimmy Kitchen, and Rich DeNatale talk about how organizations can prepare so they can respond effectively in the event of a cyberattack.

 Jones Day partners Ann Hollenbeck and Cathy Livingston talk about Texas v. U.S., the litigation regarding the constitutionality of the Affordable Care Act. They also discuss recent regulatory actions taken by the Department of Health and Human Services regarding association health plans and short-term limited duration insurance.

Jones Day's "Women in IP" Initiative addresses the historic underrepresentation of women in intellectual property law with topical programming, networking opportunities, strategic mentoring arrangements, and a popular speaker series. Jones Day IP lawyers Meredith Wilkes (Chair of the WIP Initiative), Tracy Stitt (a rising star in the IP Practice), and Anthony Insogna (the IP Practice Chair) discuss the Initiative's goals, its progress, and the response from the legal community.