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Jones Day | USA | 11 Aug 2017

In Brief: Second Circuit Reaffirms Broad Scope of Bankruptcy Code’s Subordination of Shareholder Claims

Section 510(b) of the Bankruptcy Code provides a mechanism designed to preserve the creditorshareholder risk allocation paradigm by categorically


Jones Day | Australia | 4 May 2017

Australia Adds Indemnities and Limitations of Liability under Unfair Contract Terms Regime

Recent amendments to the Australian Securities and Investments Commission Act 2010 (Cth) ("ASIC Act") and the Competition and Consumer Law Act (Cth)


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


Jones Day | USA | 2 Dec 2016

In Brief: Delaware Bankruptcy Court Clarifies Burden of Proof for Automatic Stay Relief

In In re Abeinsa Holding, Inc., 2016 BL 335099 (Bankr. D. Del. Oct. 6, 2016), the U.S. Bankruptcy Court for the District of Delaware addressed what


Jones Day | USA | 19 Aug 2016

"Intellectual Property" Exclusion does not Bar Insurance Coverage for Claims under Patent Licensing Agreement

On June 21, 2016, the Northern District of California found that an exclusion for infringement of intellectual property rights in a commercial


Jones Day | Australia | 27 Apr 2016

Disclosure of Litigation Funding Agreements in Australian Class Actions April 2016

The Federal Court of Australia practice note dealing with class actions requires that litigation funding agreements be disclosed, subject to


Jones Day | USA | 27 Apr 2015

Once more unto the breachthe new "fiduciary" definition

On April 14, 2015, the Department of Labor (the "Department") re-proposed regulations (the "Proposed Regulations") that define when someone becomes a


Jones Day | USA | 10 Apr 2014

New York's High Court: lost profits may be recoverable for breach, even where contracts preclude consequential damages

Many practitioners are quick to label potential claims of lost profits as consequential damages, and draw comfort from (i) contract provisions


Jones Day | USA | 13 Dec 2013

Indalex v. National Union: carving away at Gambone

In several decisions over the last few years, courts in Pennsylvania haveinappropriately, in this author's viewtaken a narrow view of


Jones Day | Australia | 4 Dec 2013

Australian court issues freezing order in aid of foreign proceedingswhat's good for the goose will be good for the gander

A Swiss incorporated subsidiary of Severstal, a Russian steel manufacturer, and Bhushan, an Indian company, are in dispute about shipments of steel

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