Akin Gump Strauss Hauer & Feld LLP

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

  • 202.887.4000

DOJ Clarifies Successor Liability for Foreign Acquisitions in Latest Opinion Release

Earlier this week, the U.S. Department of Justice (DOJ) issued its second public opinion release of the year in response to a question posed regarding the applicability of the U.S. Foreign Corrupt Practices Act (FCPA) to a…more
| Commercial Law & Contracts, Criminal Law, International Law & Trade, Mergers & Acquisitions

SEC Adopts New Regulation to Govern the Technology Systems of the National Exchanges and Certain Other Market Participants

On November 19, 2014, the five commissioners of the U.S. Securities and Exchange Commission (SEC) unanimously voted to adopt Regulation SCI, which stands for Systems Compliance and Integrity, to govern the technology…more
| Commercial Law & Contracts, Finance & Banking, Science, Computers, & Technology, Securities Law

Denton Becomes First Texas City to Ban Hydraulic Fracturing

On Tuesday, November 4, 2014, 59 percent of voters elected to ban the practice of hydraulic fracturing (“fracing”) in the city of Denton, which sits on top of the hydrocarbon-rich Barnett Shale. Although the ban does not…more
| Conflict of Laws, Constitutional Law, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

Study Shows Only Four Parties to the OECD Anti-Bribery Convention Actively Enforce Convention

According to a recent study by Transparency International (TI), only four of the 41 Parties of the OECD (Organisation for Economic Co-operation and Development) Anti-Bribery Convention (the “Convention”) are “active” enforcers…more
| Commercial Law & Contracts, Finance & Banking, International Law & Trade

FAQs Expiration of 30 Percent ITC After 2016

Some industry participants and observers are confused about what the investment tax credit (ITC) rules for solar will be on January 1, 2017. In an effort to provide some clarity to this issue, below are frequently asked…more
| Construction Law, Energy & Utilities, Environmental Law, Taxation

Avoiding Common Pitfalls in Preferred Stock Transactions

Preferred stock issuances by Delaware corporations are often effected through a board’s “blank check” power contained in a company’s certificate of incorporation and permitted by Section 151(a) of the Delaware General…more
| Business Organizations, Commercial Law & Contracts, Securities Law

ISS and Glass Lewis Adopt 2015 Voting Policies

Proxy advisory firms Institutional Shareholder Services Inc. (ISS) and Glass Lewis have both released their voting policies for the 2015 proxy season. The policy changes for U.S. companies include updates to the firms’ policies…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

California Trial Court Orders New Trial On Claim that Recology Violated CFCA

A California trial court recently overturned a jury verdict finding Recology San Francisco liable for violating the California False Claims Act (CFCA) and granted Recology’s motion for a new trial. The court’s ruling comes three…more
| Civil Procedure, Civil Remedies, Labor & Employment Law, Environmental Law, Government Contracting

Judge Derides the “Pencil-and-Paper Analysis” for Software Patents, Finds Error-Correction Claims Valid

On November 3, 2014, Judge Mariana Pfaelzer issued an order in California Inst. of Tech. v. Hughes Commc’ns Inc., No. 2:13-CV-07245-MRP, 2014 WL 5661290 (C.D. Cal. Nov. 3, 2014) denying the defendants’ motion for summary…more
| Intellectual Property, Science, Computers, & Technology

IP Newsflash - November 2014 #2

Federal Circuit: Licensor Has No Standing to Sue Where it Has Transferred “All Substantial Rights” to Its Licensee - The Federal Circuit affirmed a decision by Judge Schneider in the Eastern District of Texas to dismiss…more
| Civil Procedure, Communications & Media Law, Intellectual Property, Science, Computers, & Technology

VA Health Reform: New Opportunities for Providers

The Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113-146) significantly expands access to health care services funded by the U.S. Department of Veterans Affairs (VA), creates new opportunities for non-VA…more
| Health, Military Law

Fee-Shifting Provisions and the SEC

As noted in a prior blog, some companies have recently adopted fee-shifting provisions (i.e., language providing that a suing stockholder must pay the corporation’s legal fees and expenses if the stockholder does not obtain a…more
| Civil Procedure, Securities Law

IRS Rules That Some Basis in Solar System Must Be Allocated to Structural Functions

On October 31, the IRS released Private Letter Ruling 201444025, which was addressed to a manufacturer of solar systems that are mounted on real estate. The nature of the real estate, along with many other interesting facts,…more
| Commercial Law & Contracts, Energy & Utilities, Environmental Law, Taxation, Real Estate - Commercial

Supreme Court Declines to Review 3rd Circuit Ruling; Crime-Fraud Exception to Attorney-Client Privilege Decision Persists

On November 10, 2014, the Supreme Court (No. 14-389) declined to review the 3rd Circuit decision (No. 13-1237), In Re: Grand Jury Subpoena, leaving intact the 3rd Circuit’s ruling on the proper bounds of the crime-fraud…more
| Commercial Law & Contracts, Criminal Law, Finance & Banking, International Law & Trade

Cashing Out of a Partnership – The Joy of Distributions

While partners usually groan upon receiving capital calls, they are delighted to receive distribution checks. However, provisions regarding distributions can be convoluted and require more than perfunctory consideration. Any…more
| Business Organizations, Commercial Law & Contracts, Finance & Banking, Taxation
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Areas of Practice
  • Antitrust & Trade Regulation
  • Art, Entertainment, & Sports Law
  • Communications & Media Law
  • Energy & Utilities
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800+ Attorneys

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