Akin Gump Strauss Hauer & Feld LLP

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

  • 202.887.4000

The Second Circuit Previews Issues for the Supreme Court Decision in Omnicare

In a preview of the issues raised in Omnicare, Inc. v. The Laborers District Council Construction, No. 13-435 (discussed here and here), the Second Circuit in Kaess v. Deutsche Bank AG, No. 13-2364 (2d Cir. July 16, 2014)…more
| Business Torts, Civil Procedure, Securities Law

Non-Incumbent Transmission Developers Win with Court’s Affirmance of FERC’s Order No. 1000

Non-incumbent transmission developers scored a big win last week. As we previously reported here, the D.C. Circuit Court of Appeals upheld FERC’s Order No. 1000. Among other things, Order 1000 mandated that a regional…more
| Administrative Law, Civil Procedure, Commercial Law & Contracts, Energy & Utilities

Yieldcos – The New “Promised Land” of the Renewable Energy Space?

For the most part, with the exception of a limited number of projects referred to as “community wind,” America’s roughly 70,000 MW of installed utility scale wind and solar projects are owned directly or through subsidiaries of…more
| Energy & Utilities, Environmental Law, Finance & Banking

D.C. Circuit Upholds Order No. 1000, FERC’s Landmark Transmission Planning and Cost Allocation Rulemaking Order

On August 15, 2014, the United States Court of Appeals for the District of Columbia Circuit unanimously affirmed Order No. 1000, a landmark set of rules approved by the Federal Energy Regulatory Commission (FERC) in 2011 to…more
| Civil Procedure, Commercial Law & Contracts, Constitutional Law, Energy & Utilities

New Sanctions Guidance Increases Due Diligence Burden on Companies

On August 13, 2014, the U.S. Department of the Treasury, Office of Foreign Assets Control (OFAC) published guidance (“Revised Guidance”) that revises its 2008 guidance regarding how to treat entities that are owned or controlled…more
| Commercial Law & Contracts, International Law & Trade

IP Newsflash - August 2014 #3

Federal Circuit Vacates Injunction and Contempt Order After Reexamination Finds At-Issue Claims Invalid - On July 25, the Federal Circuit vacated an injunction and $18 million civil contempt fine in a patent infringement…more
| Civil Procedure, Civil Remedies, Intellectual Property

How Big Is My Partnership Agreement?

When parties intend to become partners, they typically enter into a written agreement with the terms of their arrangement; “handshake” deals are few and far between. This is certainly advisable, as people forget facts, corporate…more
| Business Organizations, Commercial Law & Contracts, Taxation

FDA Takes First Steps Towards Regulating Laboratory Developed Tests

On July 31, the Food and Drug Administration (FDA or “the Agency”) notified Congress that it intends to issue draft guidance proposing a Framework for Regulatory Oversight of Laboratory Developed Tests (LDTs) (“Draft Framework…more
| Administrative Law, Health, Science, Computers, & Technology

Antitrust-Related Recent Developments: Comments Requested on Price Fixing Penalty Revisions, FTC Settles Section 5 Claim Against Horizontal Competitors and Apple E-books Settlement

Sentencing Commission Requests and Receives Comments on Price Fixing Penalty Revisions - The U.S. Sentencing Commission is currently seeking public comments on sentencing for price fixing, bid rigging and market…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Criminal Law

Municipal Utilities Ride To The Rescue Of Beleaguered Solar Projects

After investor-owned utilities meet state requirements, local authorities can take the reins. As investor-owned utilities reach required levels of mandated state renewable portfolio standards, their willingness to offer…more
| Commercial Law & Contracts, Energy & Utilities, Environmental Law, Finance & Banking

IP Newsflash - August 2014 #2

Federal Circuit Reverses ScriptPro Invalidity Ruling - On Wednesday, a lawsuit between ScriptPro LLC and competitor, Innovation Associates, Inc., was sent back to the U.S. District Court of Kansas after a three-judge…more
| Civil Procedure, Intellectual Property

IRS Finally Releases Clarifications to PTC “Start of Construction” Guidance

On Friday, the Internal Revenue Service (IRS) issued Notice 2014-46, which clarifies the rules for a wind project to be deemed to have started construction in 2013 as is necessary to be eligible for production tax credits (PTC)…more
| Construction Law, Energy & Utilities, Environmental Law, Taxation

FERC Accepts CAISO’s Proposed Generator Interconnection Process Enhancements To Facilitate Project Downsizing

On July 31, 2014, the Federal Energy Regulatory Commission (FERC) accepted amendments to the California Independent System Operator Corporation (CAISO) tariff designed to improve the efficiency and flexibility of the CAISO’s…more
| Energy & Utilities

Proposed Anti-Human Trafficking FAR and DFARS Revisions May Impose Significant New Burdens and Liability on Government Contractors

On September 26, 2012, the Department of Defense (DoD), the National Aeronautics and Space Administration (NASA) and the General Services Administration (GSA) proposed revisions to the existing anti-human trafficking Federal…more
| Civil Rights, Government Contracting, International Law & Trade

Reminder: Delaware Law Changes Are in Effect

This is a reminder that the changes to the Delaware General Corporation Law, which we discussed in more detail below, went into effect on August 1, 2014…more
| Civil Procedure, Commercial Law & Contracts
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