Akin Gump Strauss Hauer & Feld LLP

Federal Circuit Broadens the Reach of Divided Infringement

If you read one thing... - The Federal Circuit revisited the law of divided infringement under § 271(a) after the Supreme Court remanded the case, noting that the Federal Circuit may have previously been “too narrowly…more
| Civil Procedure, Commercial Law & Contracts, Science, Computers, & Technology

IP Newsflash - August 2015 #3

DISTRICT COURT CASES - Attorney’s Fees Awarded Against Plaintiff for Inadequate Pre-Filing Investigation and Meritless Post-Discovery Positions - A judge in the U.S. District Court for the Central District of…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

The Developing 2017 Tax Agenda: The Tax Plans of Presidential Candidates

With Gov. John Kasich (R-OH) officially in the race for president, the total number of Republican candidates for president stands at 17, while Democrats, led by former Secretary of State Hillary Clinton (D-NY), total five. This…more
| Elections & Politics, Taxation

Court of Appeals Confirms that Conflict Minerals Reporting Requirement is Unconstitutional

On August 18, 2015, the U.S. Court of Appeals for the D.C. Circuit reaffirmed its April 2014 decision in NAM v. SEC, where it held that certain portions of the SEC’s conflict minerals reporting requirements unconstitutionally…more
| Commercial Law & Contracts, Constitutional Law, Securities Law

Salman v. Newman: The developing standard for insider trading liability

The 9th Circuit just denied rehearing en banc in a closely watched decision that declined to adopt a broad interpretation of its influential sister circuit’s watershed opinion in United States v. Newman, 773 F.3d 438 (2d Cir…more
| Business Organizations, Civil Procedure, Commercial Law & Contracts, Criminal Law, Securities Law

EPA Proposes Major New Air Emissions Requirements for the Oil and Gas Industry

The Environmental Protection Agency (EPA) released today a suite of requirements that impose strict new limits on the emission of volatile organic compounds (VOC) and methane by the oil and natural gas industry. The proposals…more
| Energy & Utilities, Environmental Law

Antitrust Development: FTC Releases New Statement of Enforcement Principles for Unfair Methods of Competition Under Section 5 of the FTC Act

On August 13, 2015, the Federal Trade Commission (FTC) released a Statement of Enforcement Principles for “Unfair Methods of Competition” claims brought under Section 5 of the FTC Act. Section 5 empowers the FTC to challenge…more
| Antitrust & Trade Regulation, Consumer Protection

BP Case May Again Test Limits of FERC’s “In Connection With” Enforcement Jurisdiction

A Federal Energy Regulatory Commission (FERC) Administrative Law Judge last week issued an Initial Decision finding that BP America (BP) and certain related BP entities violated FERC’s Anti-Manipulation Rule. Following a 13-day…more
| Administrative Law, Civil Procedure, Commercial Law & Contracts, Energy & Utilities, Securities Law

U.S. Government Approves Crude Oil Swaps with Mexico While Congress Considers Repealing the Underlying Export Restrictions

On August 14, 2015, the U.S. Department of Commerce’s, Bureau of Industry and Security (BIS) indicated that it would approve a number of export license applications permitting parties in the United States to swap crude oil with…more
| Commercial Law & Contracts, Elections & Politics, Energy & Utilities, International Law & Trade

IP Newsflash - August 2015 #2

FEDERAL CIRCUIT CASES - Federal Circuit Quashes $287 Million Enhanced Damages Award Finding Objectively Reasonable Defenses Raised During Litigation - The Federal Circuit has reversed a district court’s award of…more
| Civil Procedure, Civil Remedies, Intellectual Property, Science, Computers, & Technology

15 States Seek Stay of Clean Power Plan Compliance Deadlines

Litigation over the Environmental Protection Agency’s (EPA) recently issued “Clean Power Plan” (CPP) has already begun. On August 13, 2015, 15 States (the “States”) filed an emergency petition in the United States Court of…more
| Civil Procedure, Civil Remedies, Energy & Utilities, Environmental Law

SDNY Judge Berman Enjoins SEC Administrative Proceeding as "Likely Unconstitutional"

In recent years, taking advantage of expanded jurisdictional provisions in Dodd-Frank, the U.S. Securities and Exchange Commission (SEC) has brought an increasing number of enforcement actions, including complex matters with…more
| Administrative Law, Civil Procedure, Constitutional Law, Securities Law

9th Circuit Erects Statutory Standing Bar to Appeals Challenging FERC Section 211A Orders

On August 10, 2015, the United States Court of Appeals for the 9th Circuit, in Northwest Requirements Utilities v. FERC, denied several petitions for review of Federal Energy Regulatory Commission (FERC) orders requiring…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Energy & Utilities

SEC Adopts Final Pay Ratio Rules

On August 5, 2015, the Securities and Exchange Commission (SEC) voted 3-2 to approve its controversial pay ratio rules. The rules were adopted pursuant to the mandate of Section 953(b)(1) of the Dodd-Frank Wall Street Reform and…more
| Commercial Law & Contracts, Labor & Employment Law, Securities Law

U.S. Department of Commerce Places Severe Export Restrictions on Russian Deepwater Oil and Gas Field

On August 7, 2015, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) published a final rule adding the Yuzhno-Kirinskoye Field, a Russian oil and gas field located in the Sea of Okhotsk, to its Entity List,…more
| Commercial Law & Contracts, Energy & Utilities, International Law & Trade
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