Sutherland Asbill & Brennan LLP

A Smaller Bite for Apple? Supreme Court Limits Damages for Design Patent Infringement

In a case reversing a $399 million damages award to Apple, the U.S. Supreme Court has held unanimously that an “article of manufacture” under the design patent damages statute can be anything from an entire product to a single…more
| Civil Procedure, Civil Remedies, Intellectual Property, Science, Computers, & Technology

SEC Adopts Rules to Modernize Information Reported by Registered Investment Companies

On October 13, 2016, the Securities and Exchange Commission (the SEC) issued a release adopting final rules to modernize and enhance the reporting and disclosure of information by registered investment companies (the Final…more
| Business Organizations, Finance & Banking, Securities Law

Amendment to Criminal Procedure Rule 41 Impacts Data Privacy in U.S. and Abroad

On December 1, 2016, amended Rule 41 of the Federal Rules of Criminal Procedure (FRCP) went into effect, thus expanding federal law enforcement’s power to search and seize electronic data. The new rule will allow law enforcement…more
| Civil Procedure, Privacy, International Law & Trade, Science, Computers, & Technology

Heightened Focus on Renewable Fuel Standard Enforcement Increases Compliance Challenges

As the Renewable Fuel Standard (RFS) program continues to evolve and mature, so too does the manner in which the U.S. Environmental Protection Agency (EPA or the Agency) seeks to drive day-to-day compliance by the regulated…more
| Elections & Politics, Energy & Utilities, Environmental Law

The Trump Administration’s International Trade and Economic Policy: Available Options and Possible Implications for Industry

During the recent campaign and the transition, President-elect Donald Trump generally has advocated a more aggressive U.S. international trade and economic policy as part of his plan to generate economic growth and retain and…more
| Elections & Politics, International Law & Trade

Off the Grid: TCPA Class Action Settlement for Energy Utility Company

Utility companies continue to face ongoing litigation under the Telephone Consumer Protection Act (TCPA) that can arise from the use of automated communications with customers for purposes of marketing, customer servicing and…more
| Communications & Media Law, Consumer Protection, Energy & Utilities

TCPA Hazards Abound Following Busy Month for the FCC

On November 16, 2016, the Federal Communications Commission (FCC) issued a final rule regarding the treatment of debt servicing and collection calls made by or on behalf of the federal government under the Telephone Consumer…more
| Communications & Media Law, Finance & Banking

Undoing the Clean Power Plan

The election of Donald J. Trump as the next President of the United States appears to have dealt certain defeat for the Obama Climate Action Plan. Central to that effort was the Clean Power Plan, finalized by the U.S…more
| Elections & Politics, Energy & Utilities, Environmental Law

FERC Proposes Adding Electric Storage and Distributed Energy Resources to the Wholesale Electric Market

On November 17, 2016, the Federal Energy Regulatory Commission (FERC or the Commission) issued a Notice of Proposed Rulemaking (NOPR) on electric storage and distributed energy resources, Docket Nos. RM 16-23-000;…more
| Energy & Utilities

TCPA RIP?

The outcome of the 2016 presidential election has left many prognosticators scrambling to figure out the policy implications of the incoming Republican change in administration. Among countless other things, companies affected…more
| Communications & Media Law, Consumer Protection

CCR Rule Requires Public Disclosure of Certain Compliance Documents by November 16, 2016

As part of the U.S. Environmental Protection Agency’s (EPA) recently implemented coal ash disposal regulations, utilities and other power producers were required to publicly disclose certain documents by November 16, 2016 that…more
| Energy & Utilities

CFPB: Consider the Future Post-Obama

The election of Donald Trump and the new administration means a changed political reality for the Consumer Financial Protection Bureau (CFPB). The President-elect is expected to replace Director Richard Cordray as head of the…more
| Consumer Protection, Elections & Politics, Finance & Banking

SEC Adopts Liquidity Risk Management Rules for Mutual Funds and Other Open-End Investment Companies 

On October 13, 2016, the SEC approved new Rule 22e-4 under the Investment Company Act of 1940, as amended (the 1940 Act), which will require certain open-end investment companies other than money market funds, to adopt and…more
| Business Organizations, Finance & Banking, Securities Law

Impaired Access: ADA Website Accessibility Lawsuits On the Rise

An increasing number of class action lawsuits have been filed over the past year against private companies by individuals alleging violations of the Americans with Disabilities Act (ADA) for failure to maintain websites that are…more
| Civil Procedure, Civil Rights

Cybersecurity Certifications Now Required to Access Death Master File

Tough cybersecurity certification requirements for parties seeking access to certain information in the Social Security Death Master File (DMF) take effect on November 28. The final rule imposing the cybersecurity standards…more
| Administrative Law, Privacy, Wills, Trusts, & Estate Planning
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