Akin Gump Strauss Hauer & Feld LLP

Arizona Increased Tax Credit for Renewable Energy Facilities Used for Self-Consumption by Five Times per Facility

Arizona has enacted Arizona House Bill 2670 (adding Arizona Revised Statute 41-1520 and amending Arizona Revised Statutes 42-5063, 42-5159, 42-6012, 43-1083.04 and 43-1164.05), which includes taxpayer-friendly revisions to the…more
| Commercial Law & Contracts, Environmental Law, Taxation

When a Violation of a Rule or Regulation Becomes an FCA Violation: Understanding the Distinction Between Conditions of Payment and Conditions of Participation - The Salcido Report

If you read one thing… - The False Claims Act’s (FCA) language, structure, court precedent and purpose limit its application to only regulatory breaches that are conditions of payment and not conditions of participation…more
| Commercial Law & Contracts, Government Contracting, Health

IP Newsflash - Otober 2015

FEDERAL CIRCUIT CASES - Federal Circuit Remands Case For New Damages Trial in Design Patent Case - On Tuesday, September 29, 2015, the Federal Circuit remanded a case for a new damages trial in a design patent…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

9th Circuit Rejects Representative Action Waivers for PAGA Claims

If you read one thing... - With 9th Circuit ruling, California federal courts no longer a potential channel for employers to enforce representative action waivers for PAGA claims..…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Civil Remedies, Labor & Employment Law

FERC Takes Modest Step Forward in RTO/ISO Price Formation

Taking the first formal step in its year-long effort to examine price formation issues in the wholesale energy and ancillary services markets operated by regional transmission organizations and independent system operators…more
| Commercial Law & Contracts, Energy & Utilities

China-U.S. Agreement on Cyber-Theft for Commercial Gain

Chinese President Xi Jinping’s visit to Washington D.C. led to a very significant agreement on cybersecurity, as reflected by The White House fact sheet released Friday (excerpted below). The agreement addresses a core U.S…more
| Elections & Politics, International Law & Trade, Science, Computers, & Technology

To Aid Enforcement Issues, FERC Proposes Significant Expansion of Data Required from RTO and ISO Market Participants

On September 17, 2015, the Federal Energy Regulatory Commission (FERC) proposed to significantly expand the types and amount of data that regional transmission organizations (RTOs) and independent system operators (ISOs) collect…more
| Energy & Utilities

UK tax treatment of US LLCs: HMRC responds to the Supreme Court’s decision in Anson v HMRC

Executive Summary - Her Majesty’s Revenue & Customs (HMRC) has now published its response to the U.K. Supreme Court’s recent judgment in Anson v HMRC. The response confirms that HMRC will continue its existing practice of…more
| Business Organizations, Commercial Law & Contracts, International Law & Trade, Securities Law, Taxation

FERC NOPR Seeks Access to Additional Electric Reliability Data

At its September 17, 2015 Open Meeting, the Federal Energy Regulatory Commission (“Commission” or FERC) issued a Notice of Proposed Rulemaking (“NOPR”) that would require the North American Electric Reliability Corporation…more
| Energy & Utilities

IP Newsflash - September 2015 #4

DISTRICT COURT CASES - Judge Gilstrap, in the Eastern District of Texas, Grants Defendants’ Rule 12(b)(6) Motions to Dismiss under 35 U.S.C. § 101 - On September 21, 2015, Judge Gilstrap in the Eastern District of…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Pacific Northwest Utilities Seek Key FERC Declarations Regarding New Regional Market

Two weeks ago, a diverse group of electric industry entities in the Pacific Northwest filed a Petition for a Declaratory Order asking the Federal Energy Regulatory Commission (FERC) to decide issues raised by establishing a…more
| Commercial Law & Contracts, Energy & Utilities

CFTC Proposes Amendments to Position Limit Aggregation Exemption Rules

On September 22, 2015, the Commodity Futures Trading Commission (CFTC) proposed certain changes in a supplemental notice of proposed rulemaking (the “Supplemental Notice”) to the position limit aggregation rules and exemptions…more
| Business Organizations, Commercial Law & Contracts, Securities Law

SEC Brings Enforcement Action Against Investment Adviser

Just one week after the Securities and Exchange Commission (SEC) Office of Compliance Inspections and Examinations issued a new risk alert on cybersecurity, the SEC brought an enforcement action against an investment adviser…more
| Commercial Law & Contracts, Privacy, Science, Computers, & Technology, Securities Law

Obama Administration Further Eases Restrictions to Aid Implementation of Cuba Policy

On Monday, September 21, 2015, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) and the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) implemented amendments to the Cuban Assets…more
| Commercial Law & Contracts, Elections & Politics, International Law & Trade

California Legislature Boosts Renewables Portfolio Standard to 50 Percent and Increases Energy Efficiency Goals; Balks at Increased Reductions in Greenhouse Gas Emissions and Petroleum Use

Following a raucous debate fueled by intense lobbying by environmental organizations and the oil industry, the California Legislature has approved an ambitious plan by Gov. Jerry Brown (D) to boost targets for renewable energy…more
| Elections & Politics, Energy & Utilities, Environmental Law
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