Akin Gump Strauss Hauer & Feld LLP

1333 New Hampshire Ave., NW
Washington, DC 20036, United States

  • 202.887.4000

ISS Proposes 2015 Voting Policies

On October 15, 2014, Institutional Shareholder Services Inc. (ISS) requested comments by October 29, 2015, on its draft voting policy changes for 2015 on select topics. Both of the proposed updates for the U.S. are designed to…more
| Commercial Law & Contracts, Securities Law

Gutting the Loss Causation Requirement in Securities Class Actions: 5th Circuit Holds that Insufficient Partial Disclosures May Together Sufficiently Plead Loss Causation

Securities class action plaintiffs generally consider the conservative 5th Circuit to be shark infested waters for pursuing federal securities claims, with very rigorous pleading and proof standards imposed with exactness. …more
| Civil Procedure, Health, Securities Law

The Prospects for Corporate Tax Reform

As the 2014 midterm elections approach, speculation is widespread as to whether tax reform can be successfully pursued in 2015. The successful 1986 Tax Reform Act navigated through a politically divided Congress a full…more
| Business Organizations, Commercial Law & Contracts, Elections & Politics, International Law & Trade, Taxation

D.C. Circuit Grants Motion to Stay Issuance in Order No. 745 Cases

As we previously reported, on May 23, 2014, the D.C. Circuit vacated FERC’s Demand Response Order No. 745, holding that the order (1) exceeded FERC’s jurisdiction, and (2) was arbitrary and capricious, particularly in its…more
| Administrative Law, Civil Procedure, Civil Remedies, Energy & Utilities

IP Newsflash - October 2014 #4

U.S.I.T.C. May Not Issue Exclusionary Order Due to Induced Infringement When Direct Infringement Occurs Only After Importation - In a panel decision, the Court of Appeals for the Federal Circuit reversed a United States…more
| Civil Procedure, Civil Remedies, Intellectual Property, International Law & Trade, Science, Computers, & Technology

New York Specialty Pharmacy Settles FCA Case

On October 9, 2014, New York’s Attorney General Eric T. Schneiderman announced an $846,000 settlement with New York specialty pharmacy Sorkin’s Ltd Rx. d/b/a CareMed Pharmaceutical Services (“Sorkins”) to resolve allegations…more
| Civil Remedies, Health, Science, Computers, & Technology, Government Contracting

CRS Report on the Production Tax Credit

On October 2, the Congressional Research Service (CRS) published an overview of the production tax credit (PTC). The report is available below. It contains a helpful summary of the history of the PTC and an insightful discussion…more
| Construction Law, Energy & Utilities, Environmental Law, Taxation

Administration and SIFMA Announce New Steps to Make Financial Data More Secure

On October 17, 2014, President Obama directed the federal government to take steps to improve the security of financial transactions in the United States. As part of the “BuySecure” Initiative, the President pledged a greater…more
| Elections & Politics, Finance & Banking, Privacy, Consumer Protection, Science, Computers, & Technology

FERC Reduces New England Transmission Owners’ Base ROE to 10.57 percent and Caps Total ROE at 11.74 percent

On October 16, 2014, the Federal Energy Regulatory Commission (FERC) issued Opinion No. 531-A, an order on the paper hearing it established in Opinion No. 531 regarding the long-term growth rate to use to calculate the New…more
| Administrative Law, Energy & Utilities

IP Newsflash - October 2014 #3

Federal Circuit Affirms Willful Infringement Judgment and Enhanced Damages Award - In an October 14, 2014, decision, the Federal Circuit upheld a judgment of willful infringement and an award of enhanced damages against…more
| Civil Procedure, Civil Remedies, Intellectual Property

IMDRF Releases International Framework for Regulating Device Software

On October 14, 2014, the International Medical Device Regulators Forum (IMDRF) issued a final version of “Software as a Medical Device: Possible Framework for Risk Categorization and Corresponding Considerations” (“the…more
| Administrative Law, Health, International Law & Trade, Science, Computers, & Technology

CFTC Staff Allows Self Executing Delegation of CPO Functions

The staff of the Commodity Futures Trading Commission (CFTC) yesterday changed its position and no longer requires a no-action request for delegation of commodity pool operator (CPO) functions from persons that might otherwise…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

One Step Closer to a Revised “Accredited Investor” Definition

At its meeting on October 9, the Securities and Exchange Commission (SEC) Investor Advisory Committee recommended (by voice vote, with one dissent) that the SEC adopt significant updates to the definition of “accredited…more
| Finance & Banking, Securities Law

Discovery Order Issued in “SolarCity” Cash Grant Litigation — Treasury to Provide Benchmarking Materials

On October 6, 2014, Judge Eric G. Bruggink of the U.S. Court of Federal Claims issued an order on the disputed production of documents and interrogatory responses requested from the U.S. Department of the Treasury by plaintiffs,…more
| Civil Procedure, Energy & Utilities, Finance & Banking

Funding a Partnership

One of the primary advantages of a partnership (or limited liability company) over a corporation is the flexibility to structure the business deal. Rather than having to deal with unwieldy units of stock or other ownership…more
| Business Organizations, Commercial Law & Contracts, Finance & Banking
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