Jones Day

About: Jones Day is a based out in . It is known for research contribution in the topics: Supreme court & Arbitration. The organization has 118 authors who have published 112 publications receiving 882 citations.

Emergency Telemedicine: Achieving and Maintaining Compliance with the Emergency Medical Treatment and Labor Act.

Abstract: Purpose: Telemedicine is a growing and important platform for medical delivery in the emergency department. Emergency telemedicine outlays often confront and conflict with important federal healthcare regulations. Because of this, academic medical centers, critical access hospitals, and other providers interested in implementing emergency telemedicine have often delayed or forgone such services due to reasonable fears of falling out of compliance with regulatory restrictions imposed by the Emergency Medical Treatment and Labor Act (“EMTALA”). This article offers insights into methods for implementing emergency telemedicine services while maintaining EMTALA compliance. Methodology: Critical analysis of EMTALA and its attendant regulations. Results: The primary means of ensuring EMTALA compliance while implementing emergency telemedicine programs include incorporating critical clinical details into the services contracts and implementing robust written policies that anticipate division of labor iss...

The Chinese National Development and Reform Commission (NDRC) and the State Administration of Industry and Commerce (SAIC) adopt new leniency procedure in cartel investigations

Abstract: This article has been nominated by the Business Steering Committee for the business category, anticompetitive practices section of the 2012 Antitrust Writing Awards. Click here to learn more…

The Premier League-European Commission Broadcasting Negotiations

Abstract: This intervention analyses the new arrangements for the sale of live television rights to FA Premier League (FAPL) games. The new procedures have been produced as a result of ongoing discussions between the FAPL and the European Commission. To ensure compliance with European Union competition legislation, the Premier League has accepted the Commission’s calls for an end to its exclusive distribution of live broadcast rights, bringing to an end BSkyB’s 15-year monopoly of its main subscription driver (Buck and Terazono, 2005). Here, we examine the aims of the European Commission in pursuing the FAPL’s exclusive deal with BSkyB (Sky) and consider whether the deal that has been brokered provides any tangible benefits to the consumer.

Yes, I Destroyed the Evidence – Sue Me? Intentional Spoliation of Evidence in Illinois

Abstract: This Article examines the availability of intentional spoliation as an independent cause of action under Illinois law. The topic is timely in light of the on-going debate and uncertainly surrounding spoliation of evidence law. Given the importance and timeliness of this topic, this Article is aimed not only at legal academics, but also at judges, legislators, and practitioners. This Article is among the first to focus on intentional spoliation in Illinois. In short, it argues that the Illinois Supreme Court should recognize intentional spoliation as an independent tort. After providing background about spoliation generally, and the watershed case of Boyd v. Travelers Insurance Company, the Article details the policy interests at stake and sets forth a strong case for permitting a tort for intentional spoliation.

Some Reflections on the Proposed Revisions to the OECD Model and Commentaries, and on the Multilateral Instrument, with Respect to Fiscally Transparent Entities

Abstract: This material was first published by Sweet & Maxwell Limited in Angelo Nikolakakis, Stephane Austry, John Avery Jones, Philip Baker, Peter Blessing, Robert Danon, Shefali Goradia, Johann Hattingh, Koichi Inoue, Juergen Luedicke, Guglielmo Maisto, Toshio Miyatake, Kees van Raad, Richard Vann and Bertil Wiman, “Some Reflections on the Proposed Revisions to the OECD Model and Commentaries, and on the Multilateral Instrument, With Respect to Fiscally Transparent Entities”, British Tax Review, Vol. 2017, No. 3, pp. 295-373, 2017 and is reproduced by agreement with the Publishers. This article sets out some reflections of the authors on those aspects of the OECD’s October 2015 final report on Neutralising the Effects of Hybrid Mismatch Arrangements (the Hybrids Report) that relate to revisions to the OECD Model to add a specific provision on fiscally transparent entities (as a new Article 1(2)), and to build on the Commentaries already in place in this regard (the HR Proposals). It also considers the similar and related provisions contained in the multilateral instrument to implement the tax treaty related BEPS measures (the MLI) that was released on 24 November 2016. The authors conduct an extensive review of the issues and raise a number of interpretive and technical questions, as well as policy considerations. This review is set against the backdrop of an examination of similar provisions (or provisions with similar purposes) in the US Models and in various existing bilateral treaties, as well as under domestic laws, of the countries represented by the authors. The authors also provide some observations with respect to potential scope and drafting or implementation of alternatives, with a view to contributing to the ongoing international debate and reform project.