Akin Gump Strauss Hauer & Feld LLP

Bill Introduced in North Carolina Senate Seeks to Extend the State’s Renewable-Energy Tax Credit Through 2020

This week, a bill was introduced in the North Carolina Senate to extend the state’s renewable-energy tax credit to eligible property that is placed in service by the end of 2020. Eligible renewable-energy property would include…more
| Construction Law, Energy & Utilities, Taxation, Zoning, Planning & Land Use

Congressman Ed Whitfield Proposes Means for States to Avoid Compliance with the EPA’s Clean Power Plan

On March 23, 2015, Congressman Ed Whitfield (R-KY), Chairman of the Energy and Power Subcommittee of the House Energy & Commerce Committee, released a discussion draft of the Ratepayer Protection Act of 2015 (the Act). According…more
| Commercial Law & Contracts, Elections & Politics, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

Mexico’s Energy Industry: Ronda Uno, First Tender

On March 25, 2015, the Comisión Nacional de Hidrocarburos (“CNH”) released revised versions of the Bidding Guidelines (the “BG”) and the Model Production Sharing Contract (the “PSC”) for the First Tender published on December…more
| Energy & Utilities, Zoning, Planning & Land Use, International Law & Trade

Best Practices in Social Media for Employers Part 3 – Disciplining Employees for Conduct on Social Media

As discussed previously (see Best Practices in Social Media for Employers Part 2), adopting a National Labor Relations Act (NLRA)-compliant social media policy is the first step in ensuring that the policy can be enforced. …more
| Civil Rights, Communications & Media Law, Labor & Employment Law

Split Decision on Ormat’s Motion to Dismiss Ex-Employees’ Claims of Cash Grant Fraud

The opinion of March 24 from the U.S. District Court for Nevada granted in part and denied in part Ormat’s motion to dismiss an action brought by ex-Ormat employees under the False Claims Act. The ex-employees are alleging fraud…more
| Civil Procedure, Labor & Employment Law, Business Torts, Taxation, Government Contracting

IP Newsflash - March 2015 #4

U.S. SUPREME COURT CASES - B&B Hardware, Inc. v. Hargis Industries, Inc., Potential Issue Preclusion on Likelihood of Confusion Rulings - On March 24, 2015, the United States Supreme Court ruled that that a…more
| Administrative Law, Civil Procedure, Intellectual Property, Science, Computers, & Technology

High Court Announces New Standard for Opinion Statements

The U.S. Supreme Court found middle ground in Omnicare this week, holding that issuers’ statements of opinion issued in registration statements can be the basis for liability under Section 11 if either the speaker does not…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, Business Torts, Securities Law

MATS in the Supreme Court–Toxic to EPA?

The Supreme Court heard oral arguments yesterday on whether the Environmental Protection Agency (EPA) unreasonably decided not to consider the cost of regulation when the EPA determined it was “appropriate and necessary” to…more
| Civil Procedure, Commercial Law & Contracts, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

Target Settles Consumer Data Breach Class Action for $10 Million

On Thursday, just three months after a district court judge in Minnesota denied Target’s motion to dismiss the consumer class action following the retailer’s massive 2013 data breach, the court granted preliminary approval of a…more
| Antitrust & Trade Regulation, Civil Remedies, Consumer Protection, Privacy, Science, Computers, & Technology

New Swiss Disclosure Annex for Non-Swiss Funds

The Swiss Funds and Asset Management Association (SFAMA) has published a model annex setting out prescribed form disclosure statements to be included in the offering documents and other marketing materials of non-Swiss funds…more
| Finance & Banking, International Law & Trade

Change of control: developments in the United Kingdom

Why is change of control an issue? In addition to contractual provisions amongst joint venture parties, change-of-control restrictions are often also included in a country’s petroleum laws…more
| Business Organizations, Energy & Utilities, Finance & Banking, International Law & Trade

California State Court Holds that Date Insurer Refers Insurance Claim to Government Triggers IFPA’s Statute of Limitations

Last week, a Los Angeles Superior Court held that the relevant date for determining when the statute of limitations begins to run under the Insurance Frauds Prevention Act (IFPA) is the date an insurer forms a reasonable belief…more
| Civil Procedure, Commercial Law & Contracts, Insurance

SEC Charges Corporate Insiders in Going-Privates for Failing to Update Schedule 13Ds

The Securities and Exchange Commission (SEC) announced on March 13, 2015, that it had charged eight officers, directors and major shareholders for failing to file amendments to their Schedule 13Ds to disclose steps to take their…more
| Administrative Law, Business Organizations, Commercial Law & Contracts, Securities Law

IP Newsflash - March 2015 #3

FEDERAL CIRCUIT CASES - Federal Circuit Reverses $61 Million Judgment Based on Erroneous Claim Construction - Despite the Supreme Court’s recent Teva v. Sandoz decision that factual findings by a district court…more
| Civil Procedure, Commercial Law & Contracts, Insurance, Intellectual Property, Science, Computers, & Technology

BLM Issues Final Rule Governing Hydraulic Fracturing on Federal and Indian Lands

On March 20, Department of the Interior Secretary Sally Jewell announced the release of the Bureau of Land Management’s (BLM) final rule, titled, “Hydraulic Fracturing on Federal and Indian Lands,” which BLM announced will take…more
| Administrative Law, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use, Indigenous Peoples
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