Akin Gump Strauss Hauer & Feld LLP

Congress Passes MTB Reform Legislation

Congress has enacted new legislation, the American Manufacturing Competitiveness Act of 2016 (H.R. 4923), which offers a unique opportunity for U.S. companies whose imported goods require the payment of tariffs (i.e., normal…more
| Agriculture, Commercial Law & Contracts, Taxation

Canadian Tax Credits: Lights, Credit, Axing!

As of October 1, 2016, British Columbia (B.C.) will reduce tax credits available to film and television productions. Basic production service tax credits will be reduced from 33 percent to 28 percent, and tax credits offered to…more
| Art, Entertainment, & Sports Law, Business Organizations, International Law & Trade, Taxation

SEC Releases New and Updated Non-GAAP C&DIs

The Securities and Exchange Commission’s (SEC) Division of Corporation Finance (“Staff”) recently released 12 new and updated Compliance & Disclosure Interpretations ("C&DIs") addressing the use of non-GAAP financial measures…more
| Business Organizations, Securities Law

Obama Administration’s New Labor Rule May Impact Corporate Political Action Committees

On May 18, 2016, the U.S. Department of Labor (DOL) finalized a new rule that modifies who is “exempt” from the Fair Labor Standards Act (FLSA) minimum wage and overtime pay requirements. Corporations with Political Action…more
| Business Organizations, Elections & Politics, Labor & Employment Law

The Defend Trade Secrets Act of 2016: Trade Secrets Receive Uniform Federal Protection

If you read one thing… - A new federal law provides a cause of action for the misappropriation of trade secrets. - The statute provides significant new remedies, including potential royalties for the misuse of…more
| Intellectual Property, Labor & Employment Law

Cuba Natural Gas

CNG – Cuba Natural Gas - With the recent shift in U.S. government policy regarding Cuba, is now the time for the energy industry, particularly liquefied natural gas (LNG) project developers, to consider Cuba?…more
| Elections & Politics, Energy & Utilities, International Law & Trade

CFTC Proposal to Open FERC-Regulated Power Markets to Private Lawsuits Could Have Profound Implications for all Organized Electricity Market Participants

On May 10, 2016, the Commodity Futures Trading Commission (CFTC) proposed to amend a 2013 order (the “RTO-ISO Order”) to allow for private lawsuits to be brought in connection with conduct in organized wholesale electricity…more
| Civil Procedure, Energy & Utilities

Spokeo v. Robins: Statutory Violation Does Not Automatically Create a Case or Controversy Under Article III

Earlier this week, the Supreme Court issued its highly anticipated decision in Spokeo v. Robins (see our previous posts on the case and oral argument). The United States Supreme Court held that a plaintiff must show that an…more
| Civil Procedure, Civil Remedies, Communications & Media Law, Labor & Employment Law

Will Oil Prices Drop? What’s in Store for the Upstream and Midstream Sectors Ahead

Oil prices hit a seven-month high on Tuesday, with WTI ending the day at $48.31. Prices have been on the rise since hitting lows under $30 in February, with the most recent boost caused by global supply disruptions and Goldman…more
| Bankruptcy, Business Organizations, Commercial Law & Contracts, Energy & Utilities

Agencies Issue Proposed Regulations on Incentive-Based Compensation

In late April and early May, the National Credit Union Administration, Federal Deposit Insurance Corporation, Federal Housing Finance Agency, the Board of Governors of the Federal Reserve System, Officer of the Comptroller of…more
| Business Organizations, Finance & Banking, Securities Law

Final Rule Requires the Provision of Overtime Pay to Millions of Additional Employees

The Department of Labor (DOL) has released its final rule amending the executive, administrative, professional, and computer employee exemptions under the Fair Labor Standards Act (FLSA). The new rule, which goes into effect on…more
| Labor & Employment Law

Waked Money Laundering Organization Sanctions: OFAC Issues General Licenses and Updates

On May 5, 2016, the U.S. Department of Treasury, Office of Foreign Assets Control (OFAC) announced sanctions against 77 entities and individuals associated with the Waked Money Laundering Organization (“Waked MLO,” collectively,…more
| Finance & Banking, International Law & Trade

The EEOC Issues Final Rules on Employer Wellness Programs

If you read one thing… - The EEOC has issued its final rules regarding how workplace wellness programs can comply with the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA). The…more
| Labor & Employment Law

Anti-Corruption Summit: Extending Corporate Liability for Economic Crimes?

In a keynote address at the London Anti-Corruption Summit, Prime Minister David Cameron raised the possibility of new U.K. legislation to make corporations liable for “failure to prevent” fraud or money-laundering offenses…more
| Business Organizations, International Law & Trade

SEC approves final rules implementing JOBS Act and FAST Act

On May 3, 2016, the Securities and Exchange Commission (the “Commission”) released final rules1 implementing Titles V and VI of the JOBS Act and Section 85001 of the FAST Act, which together adjusted certain threshold for…more
| Business Organizations, Finance & Banking, Securities Law
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