Akin Gump Strauss Hauer & Feld LLP (JD Supra United States)

2576 results for Akin Gump Strauss Hauer & Feld LLP (JD Supra United States)

  • Biden Administration Revamps Sanctions Program Targeting Publicly Traded Securities of Designated Chinese Military Companies

    On June 3, 2021, President Biden issued Executive Order 14032 (Addressing the Threat from Securities Investments that Finance Certain Companies of the People’s Republic of China) (“CMIC EO”) that modifies the Trump-era investment ban on “Communist Chinese Military Companies” (CCMC). The new “Chinese Military-Industrial Complex Companies” (CMIC) sanctions program retains the basic parameters...

  • Nokia and Daimler Settle Standard-Essential Patent Licensing Dispute, Potentially Impacting Auto-Industry FRAND Licensing

    Key Points - This settlement resolves multiple German lawsuits Nokia filed against Daimler asserting SEPs and Daimler’s complaint against Nokia before the European Commission. - Daimler argued Nokia’s licensing activity was not FRAND because Nokia did not offer a license to Daimler’s suppliers, as has been customary in the auto industry.

  • Failure to Identify Prior Art Disclosure of a Limiting Preamble Dooms IPR Petition

    The Patent Trial and Appeal Board denied institution of a petition for inter partes review (IPR), in part because an allegedly anticipatory prior art patent lacked an element of what the board determined was a limiting preamble.

  • EEOC Publishes Updated Guidance on Employer COVID-19 Policies

    While the Equal Employment Opportunity Commission’s (EEOC) May 28, 2021 guidance (the “EEOC Guidance”) largely is consistent with its previous pronouncements regarding employer mandatory COVID-19 policies, including policies regarding vaccinations, the new EEOC Guidance adds some color that is helpful to most alternative asset managers. The EEOC confirms that employers seeking to institute...

  • Revealing Potential New Strategy, FTC Teams Up with States After Supreme Court Rules Agency Not Authorized to Seek Monetary Remedies Under Section 13(b) of the FTC Act

    Last month the Supreme Court dismantled a longstanding FTC enforcement tool in a unanimous decision holding that the FTC Act does not permit the agency to use its authority to seek injunctive relief under Section 13(b) as a means to pursue monetary remedies against wrongdoers. In its first major use of Section 13(b) since that decision, the FTC has enlisted the aid of states whose competition

  • COBRA Premium Subsidy under the American Rescue Plan Act of 2021 and IRS Notice 2021-31

    On May 18, 2021, the Internal Revenue Service (IRS) released Notice 2021-31 (the “Notice”) providing guidance in Q&A format on the application of the temporary COBRA premium assistance provisions of the American Rescue Plan Act of 2021 (ARP) - Background - Section 9501 of the ARP provides a temporary 100 percent COBRA premium subsidy for up to six months of COBRA continuation coverage...

  • The Eastern District of Texas Granted a Rule 12(b)(6) Dismissal Because the Asserted Patent Was Directed to the Patent-Ineligible Abstract Idea of Credentialing Visitors and Checking Them In and Out of an Access-Controlled Environment

    A district court in the Eastern District of Texas granted a Rule 12(b)(6) motion to dismiss computer-implemented claims as patent-ineligible abstract ideas under 35 U.S.C. § 101. The Patent is directed to credentialing visitors and checking them in and out of an access-controlled environment, and the court found that the alleged inventive concept was nothing more than applying technology to “a...

  • President Biden Issues Executive Order to Overhaul Cyber and Software Supply Chain Security and Expand Incident Reporting for Contractors

    Key Points - On Wednesday, May 12, 2021, President Biden issued EO 14,028, “Improving the Nation’s Cybersecurity.” The EO sets out an ambitious schedule of reviews and rulemakings that portend significant changes in the software and cybersecurity industries, particularly for government contractors and cybersecurity and software solution providers. In the view of the administration, these...

  • Second Circuit Weighs in on Article III Standing in Data Breach Lawsuits, Denying Existence of a Circuit Split

    While some states have enacted privacy laws granting consumers the right to bring a private right of action in a data breach context, federal courts have struggled to fit data breach injury into traditional Article III standing requirements. On April 26, 2021, in McMorris v. Carlos Lopez & Associates, LLC, the Second Circuit Court of Appeals addressed a question of first impression for the...

  • SEC’s Disclosure Rules to Touch Climate, Human Capital and More

    According to media reports, during last week’s annual Conference on Financial Market Regulation—hosted jointly by the Securities and Exchange Commission’s (SEC) Division of Economic and Risk Analysis, Lehigh University and the University of Maryland—SEC Chair Gary Gensler announced that the SEC plans to propose a rule requiring public companies to provide certain human capital disclosures. These...

  • Ready or Not, Here They Come: Climate Disclosure Requirements for All Public Companies Move a Step Closer to Becoming Law

    Democratic members of both houses of Congress reintroduced last month the Climate Risk Disclosure Act (“Act”), H.R. 2570, a bill that would require every public company to issue climate-related financial disclosures. This week, the House Financial Services Committee reported the bill out of committee by a narrow margin on a party-line vote. Consistent with steps the United States Securities and...

  • Senate Committee Approves Bill Raising Filing Fees for High-Value Mergers/Acquisitions

    Key Points - The Merger Filing Fee Modernization Act of 2021, a bi-partisan proposal to increase Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR) filing fees for the largest transactions, has passed the Senate Judiciary Committee.

  • EPA to Phase Down HFC Use in Early Step to Advance Biden-Harris Climate, Environmental Justice Agendas

    EPA to Phase Down HFC Use in Early Step to Advance Biden-Harris Climate, Environmental Justice Agendas Last week, the Biden-Harris administration took action—with some bipartisan backing from Capitol Hill—to reduce the production and use of hydrofluorocarbons (HFCs). These highly potent greenhouse gases (GHGs) are commonly found in refrigerants, building insulation, aerosols, fire suppressants,...

  • Five Takeaways from Biden’s Leaders Summit on Climate

    Friday, April 23, 2021, marked the conclusion of President Biden’s Leaders Summit on Climate. In this post, we note five key takeaways. In the weeks to follow, Akin Gump will publish in-depth analyses on several of these topics, but, for now, here are our quick thoughts...

  • Monthly State Privacy Legislative Updates: March 2021

    Throughout the month of March, states continued to introduce new privacy laws of their own as Congress focused on enacting President Biden’s $1.9 trillion COVID-19 relief plan—H.R. 1319, the American Rescue Plan Act of 2021—which President Biden signed into law on March 11. The last month notably featured several key developments in California, as the state announced the establishment of the...

  • As Offshore Wind Energy Projects Expand, So Too Does the Reach of the Jones Act

    Key Points - CBP recently ruled that the Jones Act applies to the transportation of merchandise from a U.S. port to locations on the OCS used for developing and producing wind energy, following Congressional amendments to the OCSLA. This update—along with recent changes in CBP’s application of the Jones Act to certain vessel equipment—requires stakeholders involved in off-shore industries

  • The Post-Revlon Reaction: Pitfalls for Lenders in the Proposed Erroneous Payment Language

    To address the key issue in the litigation In re: Citibank August 11, 2020 Wire Transfers, on March 19, 2021, the Loan Syndication and Trading Association (LSTA) circulated a Market Advisory that contains draft erroneous payment language to be incorporated into credit agreements that purports to protect administrative agents and contractually entitles administrative agents to claw-back erroneous...

  • Make (Whole) a Minute: A Review of the Ultra Unimpairment Decision

    Welcome to the first Akin Gump client alert sub-titled Make (Whole) a Minute. These alerts are designed to be short digestible updates or commentaries on topics of interest to the institutional investment community that take a minute (or two) to read. And who doesn’t love Make-Whole and a good play on words? It seemed appropriate to reference Make-Whole in this first Make (Whole) a Minute...

  • [Podcast] What You Need to Know About ESG Transparency

    This special episode features “Emergence of ESG Transparency,” a webinar featuring two heads of Akin Gump’s ESG group—partners Stacey Mitchell in D.C. and Amy Kennedy in London—along with London partner Ezra Zahabi. Among the topics covered: - EU plans on ESG and sustainable finance. - An overview of U.S. climate and ESG developments. - EU sustainable finance transparency requirements.

  • 2020 Energy Year in Review

    Dear Clients and Friends, In 2020, domestic and international energy markets were challenged by a worldwide pandemic and its effect on commodity prices, which accelerated disruptions in supply chains and impacted the energy transition in countries around the world. Over the past year, our lawyers were proud to help our clients adapt to these conditions, whether successfully raising capital in

  • The DOL Withdraws Trump Administration FLSA Independent Contractor Rule, Preserving the Status Quo . . . for the Moment

    Key Points - The DOL has withdrawn a final rule published in the waning days of the Trump administration that established a multifactor test for determining whether workers are employees or independent contractors under the FLSA. The rule was widely viewed as supporting the treatment of gig economy workers as independent contractors, but it had not yet taken effect, so the withdrawal means...

  • Department of Labor’s Cybersecurity Guidance for Benefit Plans Signals Increased Scrutiny

    On April 14, 2021, the Department of Labor (DOL) issued its first set of guidance documents related to the cybersecurity of retirement benefit plans covered by the Employee Retirement Income Security Act (ERISA). The three-part guidance is aimed at various stakeholders—plan fiduciaries, service providers, plan participants and beneficiaries—and provides cybersecurity expectations for plan...

  • PTAB: Discovery Requests Targeting Objective Evidence of Nonobviousness Denied Under Garmin Framework

    The Patent Trial and Appeal Board denied a patent owner’s motion for additional discovery of documents—from petitioners, real parties-in-interest, and third parties—because patent owner failed to show that such discovery would support a showing of nonobviousness. In an inter partes review (IPR), under 37 C.F.R. § 42.51(b)(2), absent agreement of the parties, a moving party must establish that...

  • The Biden-Harris Administration’s “Whole of Government” Approach to Combating Climate Change: Who You Heard From at the Climate Leaders Summit

    President Biden’s Leaders Summit on Climate has wrapped up. The event saw world leaders highlighting their countries’ respective climate commitments, calling for collective action, and attending breakout sessions designed to foster dialogue around climate finance and technological innovation, among other topics. After Vice President Harris and President Biden opened the summit, Secretary of State

  • New U.S. Paris Agreement Pledge Sets Aggressive Target and Offers Clues for Business Planning and Advocacy Efforts on Climate Change

    Key Points - On Earth Day, the Biden-Harris administration announced a new target for the United States to achieve a 50 to 52 percent reduction in economy-wide GHG emissions by 2030, which constitutes the country’s new NDC under the Paris Agreement. - To achieve the new NDC, the United States envisions a “whole-of-government” approach to catalyze opportunities for businesses to partner...

  • New York Department of Financial Services Issues Millions of Dollars in Penalties, Signaling Increased Cybersecurity Enforcement

    On April 14, 2021, the New York Department of Financial Services (DFS) announced it settled an enforcement action against National Securities Corporation (“National Securities”) related to claims under the Cybersecurity Regulation, 23 NYCRR Part 500. The Consent Order imposes a $3 million penalty, various remediation measures and represents a flurry of cybersecurity activity by the regulator in...

  • Two More States Adopt NAIC Model Data Security Law

    The National Association of Insurance Commissioner (NAIC)’s model data security law (“Model Law”) was recently adopted by Maine and North Dakota. This addition brings the total number to states that have joined the NAIC Model Law to 13. The Model Law, which we have covered previously, was issued in 2017. Since its introduction, states have been strongly encouraged to adopt the law or similar...

  • Administration and Congressional Update on Artificial Intelligence in the U.S.

    President Biden’s Discretionary Budget Request: Fiscal Year 2022 - On April 9, 2021, the Office of Management and Budget (OMB) submitted President Biden’s discretionary funding request (the “Request”) to Congress for Fiscal Year (FY) 2022. The Request lays out the President’s discretionary funding recommendations across a wide range of policy areas, including a strategy for investing in...

  • Key Privacy/Data Security Takeaways: Senate Commerce Committee’s FTC Hearing

    On Tuesday, April 20, the Senate Commerce, Science and Transportation Committee held a hearing on the Federal Trade Commission’s (FTC) authority to protect consumers. The hearing featured discussion from lawmakers on the federal data privacy landscape, with Ranking Member Roger Wicker (R-MS) reiterating the need for a strong federal privacy standard. With respect to key components of a...

  • UAS Traffic Management Takes Its Next Step

    Last week, the Federal Aviation Administration (FAA) and the National Aeronautics and Space Administration (NASA) jointly released a progress report on Phase 2 of the Unmanned Aircraft Systems (UAS) Traffic Management (UTM) Pilot Program (UPP). Initial results proved successful in demonstrating a number of additional UTM capabilities and allowed the agencies and partners to gain valuable...

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