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Supreme Court Rejects Lawsuits by Plaintiffs Who Cannot Show "Real" Injury
  • Jones Day
  • USA
  • May 20 2016

On May 16, 2016, the U.S. Supreme Court decided Spokeo Inc. v. Robins, No. 13-1339, a closely watched case addressing whether federal lawsuits can be


Questioning Recent ISS Study on the Impact of Board Leadership Structures on CEO Pay
  • Jones Day
  • USA
  • April 20 2016

ISS did not provide transparency into its backup information and data. ISS seemingly overlooked the reality that a company's performance has a more


Department of Justice FCPA Pilot Program Outlines Incentives for Corporate Self-Disclosure and Cooperation: What's New and Will It Matter?
  • Jones Day
  • USA
  • April 12 2016

On April 5, the U.S. Department of Justice ("DOJ") announced a one-year "FCPA Enforcement Pilot Program" to encourage voluntary self-disclosure


Facebook Settles Derivative Lawsuit Challenging Outside Director Pay
  • Jones Day
  • USA
  • April 7 2016

In settlement of a derivative lawsuit challenging compensation paid to Facebook's non-employee directors, Facebook agreed to submit its non-employee


How to Survive Dawn Raids and Search Warrants in AntitrustCompetition Investigations
  • Jones Day
  • Australia, European Union, United Kingdom, USA
  • March 30 2016

Antitrust and competition enforcement authorities increasingly are undertaking unannounced searches of premises to obtain evidence of possible


Individuals in the Cross Hairs? What This Means for Directors
  • Jones Day
  • USA
  • March 10 2016

Following the 2008 financial crisis, government regulators and prosecutors have been under tremendous public pressure to prosecute individuals


Delaware Court of Chancery Invalidates For-Cause Removal Requirement for Unclassified Boards of Directors
  • Jones Day
  • USA
  • February 2 2016

On December 21, 2015, Vice Chancellor Laster of the Delaware Court of Chancery invalidated provisions in a company’s certificate of incorporation and


In Brief: Split Continues Over Unsecured Creditors’ Right to Postpetition Attorney’s Fees
  • Jones Day
  • USA
  • February 1 2016

In Travelers Cas. & Sur. Co. of America v. Pacific Gas and Elec. Co., 549 U.S. 443 (2007), the U.S. Supreme Court rejected the Ninth Circuit’s


First-Instance Transaction May Qualify for “Ordinary Course of Business” Preference Defense
  • Jones Day
  • USA
  • February 1 2016

Section 547(c)(2) of the Bankruptcy Code excepts from the trustee’s power to avoid preferential transfers any transaction in which the debtor


U.S. Supreme Court Rules in Favor of Arbitration Clauses and Class-Arbitration Waivers in Consumer Contracts
  • Jones Day
  • USA
  • January 13 2016

The United States Supreme Court's recent decision in DirecTV, Inc. v. Imburgia upheld a binding arbitration clause in a consumer service agreement