Akin Gump Strauss Hauer & Feld LLP

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

  • 202.887.4000

D.C. Circuit to Rehear Conflict Minerals Case

On November 18, 2014, the U.S. Court of Appeals for the D.C. Circuit granted the SEC’s motion to rehear the court’s decision in NAM v. SEC. As covered in previous blog posts, the court’s NAM decision held that portions of the…more
| Civil Procedure, Commercial Law & Contracts, Communications & Media Law, Constitutional Law, Securities Law

SEC’s Authority to Interpret the Securities Laws Comes Under Fire in Criminal Enforcement

A recent statement by Justice Antonin Scalia accompanying the Supreme Court’s denial of certiorari in a criminal insider trading case raises fundamental questions about how the courts interpret the federal securities laws and…more
| Administrative Law, Civil Procedure, Criminal Law, Finance & Banking, Securities Law

DOJ and SEC Officials Focus on Enforcement, Self-Reporting and Compliance at International FCPA Conference

From November 18 to 19, 2014, the American Conference Institute held its annual U.S. Foreign Corrupt Practices Act (FCPA) conference outside of Washington, D.C. Keynote speakers including U.S. Department of Justice (DOJ)…more
| Commercial Law & Contracts, International Law & Trade, Securities Law

FDA Issues Three Guidance Documents for Outsourcing Facilities

FDA has announced the availability of two Final Guidance documents and one revised Draft Guidance related to Section 503B outsourcing facilities. FDA published the three guidance documents Friday afternoon. The Final Guidances…more
| Administrative Law, Consumer Protection, Health, Science, Computers, & Technology

SEC Investor Alert: How to Be a Smart Investor Online

Earlier last week, the SEC’s Office of Investor Education and Advocacy issued an Investor Alert reminding investors seeking information and advice online to be wary of fraudulent investment schemes involving social media. In…more
| Commercial Law & Contracts, Finance & Banking, Consumer Protection, Securities Law

IP Newsflash - November 2014 #3

DECISIONS ON PATENTABLE SUBJECT MATTER UNDER ALICE CORP. - Federal Circuit Invalidates Patent Using the Supreme Court’s Alice Corp. § 101 Analysis - On November 14, 2014, the Federal Circuit held a patent invalid…more
| Civil Procedure, Communications & Media Law, Intellectual Property, Science, Computers, & Technology

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
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Areas of Practice
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