Akin Gump Strauss Hauer & Feld LLP

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

  • 202.887.4000

SEC Enforcement Actions for Failure to File Timely Reports (under Sections 16(a), 13(d) and 13(g) of the Exchange Act)

Last week, the Securities and Exchange Commission (SEC) announced settled charges against (i) 28 officers, directors and major beneficial owners of publicly traded companies that failed to file Schedules 13D and 13G and related…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

IP Newsflash - September 2014 #2

Airline Rewards Conversion Method Invalid Under Alice and Bilski - On September 2, 2014, Federal Circuit Judge William Bryson, sitting by designation in the Eastern District of Texas, ruled that two patents on a…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

California to Mandate Paid Sick Leave

On September 10, California Governor Jerry Brown signed bill A.B. 1522—officially known as the Healthy Workplaces, Healthy Families Act of 2014—requiring California employers to provide employees with at least three paid sick…more
| Labor & Employment Law

House Judiciary Committee Acts to Harmonize Antitrust Review Standards and Processes

On September 10, the House Judiciary Committee passed, by voice vote, legislation to eliminate certain disparities to antitrust review by the Department of Justice (DOJ) and the Federal Trade Commission (FTC). The Standard…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Elections & Politics, Mergers & Acquisitions

Third Circuit Affirms District Court Decision Invalidating New Jersey’s Long-Term Capacity Pilot Program

On September 11, 2014, a three-judge panel of the U.S. Court of Appeals for the Third Circuit unanimously affirmed an October 2013 decision of the U.S. District Court for the District of New Jersey that New Jersey’s Long-Term…more
| Civil Procedure, Conflict of Laws, Energy & Utilities, Environmental Law

Fifth Circuit Allows Texas Commission to Limit PURPA Sales

On September 8, 2014, the U.S. Court of Appeals for the Fifth Circuit dealt a blow to Exelon Corp. (“Exelon”), rejecting challenges by various Exelon wind-generating entities to a Texas Public Utility Commission (PUCT)…more
| Civil Procedure, Commercial Law & Contracts, Energy & Utilities, Environmental Law

Why Does My Joint Venture Pay Corporate Taxes? When Tax Status Doesn’t Match State Form

Most of the time the state-law classification of an entity and its federal income tax classification match. A corporation will be taxed as a corporation and a partnership will not be taxed, instead merely filing an information…more
| Business Organizations, Commercial Law & Contracts, Taxation

CFTC Publishes Long-Awaited JOBS Act Relief

The staff of the Commodity Futures Trading Commission (CFTC) published a no-action letter on September 9, 2014 (available here) that permits certain commodity pool operators (CPOs) to conduct general solicitation in private…more
| Business Organizations, Finance & Banking, Securities Law

Proposal for Tick-Size Pilot Program Submitted to SEC

In response to an order from the Securities and Exchange Commission (SEC) in June, on August 26, 2014, the SEC announced that it had received a proposal from the national securities exchanges and the Financial Industry…more
| Finance & Banking, Securities Law

IRS Internal Memorandum Advises That Self-Employment Tax Applies to Profits From an Investment Manager

On September 5, 2014, the Office of Chief Counsel, Internal Revenue Service (IRS) released an internal generic legal advice memorandum advising an IRS field agent that the statutorily provided “limited partner” exception to…more
| Business Organizations, Finance & Banking, Securities Law, Taxation

Fire Safety Requirements for Hospitals and Other Health Care Facilities: How CMS Is Interpreting Occupancy Classifications and What This Might Mean for Many Health Facilities Across the Country

On April 16, 2014, the Centers for Medicare & Medicaid Services (CMS) published a proposed rule amending the fire safety standards for hospitals and other types of health care facilities. Compliance with the fire safety…more
| Commercial Law & Contracts, Health

IP Newsflash - September 2014

Federal Circuit Remands for Reconsideration of $6.6 Million Attorney Fees Award On September 4, 2014, the Federal Circuit remanded a case to the district court to reconsider an attorney fees award in light of the Supreme…more
| Civil Remedies, Law Practice Products & Services, Intellectual Property

2014 Outsourcing Market Assessment

Catching the Fourth Wave: Cloud Computing Driving Outsourcing Transactions in 2014 - The first half of 2014 has shown a measured uptick in the volume of outsourcing transactions. Industry experts predicted a 12 percent–26…more
| Commercial Law & Contracts, Intellectual Property, Science, Computers, & Technology

Why the Rush to Form Yieldcos?

In last week’s post, we did an analysis of several recent Yieldcos. As we stated, a number of significant developers in the renewable energy space have either formed Yieldcos, filed for an initial public offering of Yieldco…more
| Commercial Law & Contracts, Energy & Utilities, Environmental Law, Finance & Banking

Ruling on Discovery Disputes in “SolarCity” Cash Grant Litigation

On August 29, 2014, Judge Bruggink heard oral argument and ruled on plaintiffs’ motion to compel the production of documents and information requested from the Department of the Treasury (“Treasury”) regarding plaintiffs’…more
| Civil Procedure, Electronic Discovery, Energy & Utilities, Environmental Law, Finance & Banking
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Areas of Practice
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