Akin Gump Strauss Hauer & Feld LLP

SEC Proposes Changes to Smaller Reporting Company Definition

On June 27, 2016, the SEC Staff proposed changes to the definition of “smaller reporting company” to expand the number of registrants that would qualify as smaller reporting companies (SRC). The term “smaller reporting company”…more
| Business Organizations, Securities Law

FTC Raises Maximum Potential Hart-Scott-Rodino Civil Penalties to $40,000 per Day, an Increase of 150 percent

On June 29, 2016, the Federal Trade Commission (FTC) announced new maximum potential civil penalties for violations of various competition and other laws enforced by the FTC, including the Hart-Scott-Rodino Antitrust…more
| Antitrust & Trade Regulation, Business Organizations, Mergers & Acquisitions

Recent Complaints Highlight Continued Friction between State Policy Goals and Federally Regulated Wholesale Power Markets

On June 24, 2016, two complaints were filed with the Federal Energy Regulatory Commission (“Commission or FERC”) that highlight the continued tension between state policy initiatives and the mandatory centralized capacity…more
| Conflict of Laws, Energy & Utilities

Brexit: Trade and Regulation Outlook

The UK vote to Brexit has material economic, financial, commercial, political, legal and social implications. Once the UK government has formally notified the European Council of its citizens’ decision to leave the EU, the UK…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Elections & Politics, International Law & Trade

Light at the End of the (Channel) Tunnel

MiFID II’s Passport for “Third Countries” and the Possibility of Continued Access to the EU Market for UK Firms - The decision to hold a referendum as to whether the United Kingdom (UK) should remain a member of the…more
| Elections & Politics, Finance & Banking, Securities Law

SEC Orders Increase in Qualified Client Threshold

The Securities and Exchange Commission (SEC) issued a final order on June 14 to adjust for inflation the net-worth threshold for a registered investment adviser to charge performance-based compensation to its advisory clients or…more
| Business Organizations, Securities Law

FERC Opens Electric Cooperative and Municipality Markets to Increased Renewables Development

On June 16, 2016, the Federal Energy Regulatory Commission (FERC or the “Commission”) issued an order that is anticipated to increase the ability of electric cooperatives and municipally owned utilities to purchase power from…more
| Energy & Utilities

Brexit: Key Tax Implications for Alternative Investment Funds and Investment Managers

The result of the UK’s referendum of 23 June 2016 was announced today as a victory for ‘Brexit’ - in other words, for the UK to exit the European Union. This decision is expected to have significant ramifications for the future…more
| Business Organizations, Elections & Politics, International Law & Trade, Taxation

Brexit: EU Later!

The UK vote to Brexit has material economic, financial, commercial, political, legal and social implications. Once the UK government has formally notified the European Council of its citizens’ decision to leave the EU, the UK…more
| Commercial Law & Contracts, Elections & Politics, International Law & Trade, Taxation

FERC’s Generator Interconnection Technical Conference Elicits Debate on Need for Interconnection Process Reforms

On May 13, 2016, the Federal Energy Regulatory Commission (FERC or the “Commission”) held a technical conference on generator interconnection issues in partial response to a June 2015 Petition filed by the American Wind Energy…more
| Energy & Utilities, Environmental Law

President Obama Signs the Toxic Substances Control Act Modernization Act

Since its passage in 1976, TSCA has been widely criticized—by industry and environmental groups alike—for its perceived inefficacy. When first passed, TSCA aimed to fill an important gap in the nation’s environmental laws,…more
| Environmental Law

FAA to Release Final Rule for Commercial Small Unmanned Aerial Systems (UAS) Operations; More Work Will Remain

Key Points - - The FAA will soon release a final rule governing commercial small UAS operations (“Final Rule”) that will represent a major step forward for both innovation and aviation. - While the rule is not…more
| Administrative Law, Science, Computers, & Technology, Transportation

Summary and Significance of the Supreme Court’s Decision in Escobar

On June 16, 2016, Justice Thomas, writing for a unanimous Court in Universal Health Services, Inc. v. United States ex rel. Escobar,examined the circumstances under which an “implied false certification” can trigger liability…more
| Civil Procedure, Civil Remedies, Government Contracting

Supreme Court Clarifies Enhanced Damages Standard for Patent Cases

If you read one thing ... - The Supreme Court discarded the Federal Circuit’s heightened Seagate standard for awarding enhanced damages under the Patent Act. - The new standard increases the chance of an award…more
| Civil Procedure, Civil Remedies, Intellectual Property, Science, Computers, & Technology

Trending in Social Media Law (Part 2): Snapping Away at Biometric Privacy

On May 23, 2016, plaintiffs and Illinois residents Jose Luis Martinez and Malcolm Neal filed a class action in California state court claiming that “Snapchat is actively collecting, storing, and using the biometrics of its users…more
| Communications & Media Law, Privacy, Science, Computers, & Technology
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