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Article

Jones Day | USA | 8 Jan 2018

PTAB Recognizes Limits to Eleventh Amendment Sovereign Immunity

In a pair of near identical decisions issued on December 19, 2017, an expanded PTAB panel found that the Regents of the University of Minnesota had

Article

Jones Day | USA | 7 Jun 2017

U.S. Supreme Court Significantly Limits SEC's Power to Recover Disgorgement

On June 5, 2017, in an unanimous ruling in Kokesh v. SEC, No. 16-529, the United States Supreme Court significantly limited the breadth of the

Article

Jones Day | USA | 5 Jun 2017

Eleventh Amendment Revisited - Board Again Finds Sovereign Immunity Applies to PTAB

Less than four months after its decision in Covidien LP v. University of Florida Research Foundation Incorporated, finding that Eleventh Amendment

Article

Jones Day | USA | 2 Feb 2017

Board Tackles Constitutional Law Finds Eleventh Amendment Sovereign Immunity Applies to PTAB

The PTAB recently dismissed three IPR Petitions filed against the University of Florida Research Foundation on the basis of Eleventh Amendment

Article

Jones Day | USA | 8 Aug 2016

A Brief Guide to Automatic Stay Waivers, Bankruptcy Remoteness, and Bad Boy Guarantees

A borrower’s pre-bankruptcy waiver of the automatic stay is more likely to be enforced if contained in a forbearance agreement or an agreement

Article

Jones Day | USA | 1 Jun 2016

Blocking Member Provision in LLC Agreement Designed to Prevent Bankruptcy Filing Unenforceable

A contractual waiver of an entity’s right to file for bankruptcy is generally invalid as a matter of public policy. Nonetheless, lenders sometimes

Article

Jones Day | USA | 1 Dec 2014

Better late than never: claims filed years late did not waive subordination agreement priorities or warrant equitable subordination

The Bankruptcy Code dictates the priority of distributions to the holders of allowed secured and unsecured claims in accordance with various

Article

Jones Day | USA | 13 Nov 2013

California Supreme Court recognizes Concepcion requires reversal of Sonic-Calabasas but continues to display skepticism toward arbitration

On October 17, 2013, the California Supreme Court issued its second decision in Sonic-Calabasas v. Moreno. In Sonic I, the court ruled that an

Article

Jones Day | USA | 7 Oct 2013

U.S. antitrust agencies issue revised model waiver of confidentiality for mergers and non-merger civil investigations

The U.S. antitrust agencies recently issued a revised model waiver of confidentiality for individuals and companies to use in merger and civil

Article

Jones Day | Hong Kong | 27 Apr 2012

Recent judgment jump-starts law of legal professional privilege in Hong Kong

In a recent judgment on March 28, 2012, the Hong Kong Court of Appeal jump-started the evolution of the law of legal professional privilege in Hong Kong.

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