Akin Gump Strauss Hauer & Feld LLP

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

  • 202.887.4000

IP Newsflash - August 2014 #5

Apple’s Motion for Permanent Injunction Denied - After the court found that Samsung infringed one of Apple’s patents on summary judgment and a jury found that Samsung infringed two others, Apple filed a motion for a…more
| Civil Procedure, Civil Remedies, Intellectual Property, Science, Computers, & Technology

Red Notice Newsletter - August 2014

Welcome to the August 2014 edition of Red Notice, a publication of Akin Gump Strauss Hauer & Feld LLP. This month on the anticorruption front, the former CEO of an aviation company pleads guilty to participating in an…more
| Commercial Law & Contracts, Criminal Law, Energy & Utilities, International Law & Trade, Securities Law

The Yield Created by the Yieldco

In our post on August 19, “Yieldcos – The New “Promised Land” of the Renewable Energy Space?”, we explored the Yieldco structure and why some renewable energy companies are considering them. We will now turn our attention to an…more
| Energy & Utilities, Environmental Law, Finance & Banking, International Law & Trade

Renowned Architect Wins Retraction From The New York Review of Books

On August 25, 2014, The New York Review of Books issued a retraction in response to a defamation suit filed in New York State Court by well-known architect Zaha Hadid. Hadid was selected to design one of the stadiums for the…more
| Civil Remedies, Communications & Media Law, Construction Law, Personal Injury

IP Newsflash - August 2014 #4

DISTRICT COURT CASES - Showing of a Substantial Case of Irreparable Harm to Losing Plaintiff Justifies Injunction Against Defendant During Appeal - Following a bench trial, but before the court issued a judgment,…more
| Civil Procedure, Civil Remedies, Intellectual Property, Science, Computers, & Technology

IRS Comments on its PTC Start of Construction Guidance

On August 20, the American Wind Energy Association (AWEA) held a webinar to discuss Internal Revenue Service (IRS) Notice 2014-46, which clarified the rules for wind projects to be grandfathered for production tax credit (PTC)…more
| Construction Law, Energy & Utilities, Environmental Law, Taxation

DOE Issues Draft Triennial National Electric Transmission Congestion Study

On August 19, 2014, the U.S. Department of Energy (DOE) issued a Notice of Public Comment on its draft triennial National Electric Transmission Congestion Study (“Congestion Study”). DOE prepares such congestion studies every…more
| Energy & Utilities

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
| Civil Procedure, Business Torts, 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
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