Jones Day Talks

The IRS’s first guidance on the taxation of cryptocurrency in five years provides some new insights, but also leaves several issues unresolved. Jones Day partner  Lori Hellkamp  discusses Revenue Ruling 2019-24, with particular attention to the tax treatment of “hard forks” and “airdrops,” tips for remaining compliant, and the remaining questions relating to the taxat...

Intended to improve efficiencies and reduce processing errors, new rules implemented by the U.S. Patent and Trademark Office require electronic filing of trademark applications, and all submissions associated with applications. Requirements for trademark specimens of use were also updated. Meredith Wilkes ,  Ilene Tannen , and  Carrie Kiedrowski  discuss the likely impact of the new requirements,...

Jones Day’s global anti-human trafficking initiative promotes unprecedented collaboration between our Firm, our clients, law enforcement, governments, and other organizations to detect, uncover, prevent, and prosecute crimes involving the sex trade, forced labor, and similar exploitation. In observance of National Human Trafficking Awareness Month, partners  Laura Ellsworth  and  Bethany Bie...

2019 was undeniably a very active year for intellectual property law—there were notable Supreme Court decisions relating to trademarks and patent litigation, and significant developments relating to AI and life sciences. 2020 promises to be just as interesting. Jones Day’s  Meredith Wilkes ,  Patricia Campbell , and  Tracy Stitt  explain what’s recently happened and let us know what to...

In  Arthrex, Inc. v. Smith & Nephew, Inc.,  the Federal Circuit has held that appointments of Administrative Patent Judges of the Patent Trial and Appeal Board (“PTAB”) were in violation of the Appointments Clause of the U.S. Constitution. Jones Day’s  Matt Johnson  and  Dave Cochran  discuss the potential ramifications of this decision and talk about what parties to PTAB mat...

Proposed regulations, which will implement the Foreign Investment Risk Review Modernization Act (“FIRRMA”) next year, revise the process for review of foreign investments and also reflect the U.S. government’s evolving view of what sectors of the U.S. economy (such as real estate, life sciences, and data collection or maintenance) raise national security concerns and, as  result,...

Two recent patent applications seek protection for inventions that were created autonomously by artificial intelligence without a human inventor. The applicants want the AI to be deemed the inventor and the AI’s owners to receive the patent rights. Emily Tait and Carl Kukkonen discuss how the United States Patent and Trademark Office is exploring the relationship between AI and patent law. R...

Legal and regulatory battles continue over net neutrality, the concept that all internet traffic should be treated equally. In  Mozilla v. Federal Communications Commission , the U.S. Court of Appeals for the D.C. Circuit upheld the Commission’s deregulatory approach to net neutrality but also struck down an order blocking states from implementing their own rules. Jones Day partner  Brett Sh...

Signed into law by California Gov. Gavin Newsom, the Fair Pay to Play Act will allow college athletes in that state to accept payment for the use of their name, image, and likeness. In response, the NCAA has threatened to bar colleges from postseason tournaments if they allow players to profit under the new law’s provisions, and several athletic conferences have also voiced opposition. Still...

In this Encore Presentation : JONES DAY TALKS® podcast on 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 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 appo...

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...

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 the...

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 strate...

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 t...

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...

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...

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 respo...

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 Be...

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 a...

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...

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 acquisitio...