Author Info for Bracewell LLP

Anissa Adas

Supreme Court Declares SEC Lacks In-House Authority to Impose Civil Penalties

The United States Supreme Court struck another major blow to the Securities Exchange Commission’s enforcement arsenal, finding that its oft-used practice of imposing monetary penalties in its in-house administrative proceedings…more

Administrative Proceedings, Civil Monetary Penalty, Constitutional Challenges, Dodd-Frank, Enforcement

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Deryck Van Alstyne

DOL Salary Rule Vacated by Texas Court

The US Department of Labor’s Final Rule increasing the minimum salary levels required to qualify for the overtime exemptions is null and void. On November 15, 2024, a Texas federal district court set aside and vacated the…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Federal Labor Laws, Minimum Salary

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Danielle Altink

Offshore Petroleum Licensing Bill: Energy Security at the Forefront of the Government’s Legislative Agenda

On 7 November 2023, the Offshore Petroleum Licensing Bill (the Bill) was announced as part of King Charles III’s “King’s Speech”, outlining the UK Government’s legislative agenda for the upcoming UK parliamentary session. If…more

Carbon Emissions, Legislative Agendas, Licenses, Offshore Drilling, Oil & Gas

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William Anderson

US Supreme Court Holds That Pure Omissions Are Not Actionable Under Federal Anti-Fraud Rule

In a unanimous decision, the US Supreme Court held that pure omissions are not actionable under Rule 10b-5(b) under the Securities Exchange Act of 1934. Rather, the Court found that Rule 10b–5(b) prohibits half-truths, not pure…more

Anti-Fraud Provisions, Disclosure Requirements, Filing Requirements, Item 303, Omissions

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Jeffrey Andrews

Privacy Shield Invalidated by ECJ

On Thursday, July 16, the European Court of Justice (ECJ) ruled that the EU-US Privacy Shield is invalid. The ruling stems from the complaints filed with the Irish supervisory authority by Max Schrems regarding the transfer of…more

Data Collection, Data Privacy, Data Protection, EU-US Privacy Shield, European Court of Justice (ECJ)

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Shannon Baldwin

SEC Updates Statistical Disclosure Requirements for Banking Registrants

On September 11, 2020, the Securities and Exchange Commission announced that it has adopted final rules to update and expand the statistical disclosures that bank and savings and loan registrants provide to investors, in its…more

Compliance, Disclosure Requirements, Final Rules, Investors, Securities and Exchange Commission (SEC)

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David Ball

Supreme Court Resolves Circuit Split Over 28 U.S.C. § 1782

On Monday, the Supreme Court resolved a circuit split and issued a long-awaited decision holding that broad U.S.-style discovery under 28 U.S.C. § 1782 is not available in private foreign arbitrations. In the past decade,…more

28 U.S.C. § 1782, Arbitration, Commercial Arbitration, Federal Arbitration Act, Foreign Arbitration Clauses

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Faren Bartholomew

The Reasonably Foreseeable Effects of Seven County Infrastructure Coalition

On December 10, 2024, the US Supreme Court heard oral argument in Seven County Infrastructure Coalition v. Eagle County, the first major National Environmental Policy Act (NEPA) case to reach the Supreme Court in nearly two…more

Environmental Impact Statements, Infrastructure, Jurisdiction, NEPA, Oral Argument

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Margaret Beasley

An "Immutable" Force Meets an Immovable Object: OFAC's Crypto Loss at the Fifth Circuit

On November 26, 2024, the US Court of Appeals for the Fifth Circuit ruled that “immutable” smart contracts are not “property” for purposes of regulation by the US Department of the Treasury’s Office of Foreign Assets Control…more

Appeals, Biden Administration, Blockchain, Chevron Deference, Cryptocurrency

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Molly Behan

FERC Proposes Overhaul of Interconnection Procedures

On June 16, 2022, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued a Notice of Proposed Rulemaking (“Generator Interconnection Reform NOPR”) seeking comments on proposed reforms to FERC’s pro forma…more

Advanced Notice of Proposed Rulemaking (ANPRM), Capital Investments, FERC, Interconnections, ISOs

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W. Stephen Benesh

Revisiting Force Majeure and Other Contractual Considerations Amid COVID-19

In addition to the tragic human toll that it has caused, the coronavirus pandemic has also wreaked havoc on businesses throughout world, leaving countless companies and individuals unable to perform their contractual…more

Act of God, Coronavirus/COVID-19, Force Majeure Clause, Triggering Event

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Bradley Benoit

Dallas Court of Appeals Reverses Partnership Verdict: Preliminary Agreements Precluded Partnership

On Tuesday, July 18, 2017, the Dallas Court of Appeals reversed a $535 million judgment against Enterprise Products Partners, L.P. (Enterprise), finding that unfulfilled conditions precedent in Enterprise’s written agreements…more

Appeals, Fiduciary Duty, Oil & Gas, Partnerships, Pipelines

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W. Jared Berg

SEC Approves PCAOB's New Rules on Auditor Reports

The Securities and Exchange Commission has approved the Public Company Accounting Oversight Board’s (PCAOB) proposed Auditing Standard 3101, The Auditor’s Report on an Audit of Financial Statements When the Auditor Expresses An…more

Amended Rules, Audit Reports, Auditors, Audits, Disclosure

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Keith Blackman

FINRA Facts and Trends: April 2024

Welcome to the latest issue of Bracewell’s FINRA Facts and Trends, a monthly newsletter devoted to condensing and digesting recent FINRA developments in the areas of enforcement, regulation and dispute resolution. This month, we…more

Arbitration, Conflicts of Interest, Dispute Resolution, Enforcement Actions, Financial Industry Regulatory Authority (FINRA)

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Adam Blythe

Nigeria’s Energy Sector: Looking Back at 2023 and Looking Ahead in 2024

We summarise the key events from 2023 in Nigeria’s energy sector – a year that saw the start of a new presidency and the end of the fuel subsidy. There was considerable M&A activity, significant legal developments and court…more

Acquisitions, Arbitration, Deadlines, Energy Sector, Licenses

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Nicole Boeckmann

Keeping an Eye on AI: DOJ Updates its Playbook for Corporate Compliance

On September 23, 2024, Principal Deputy Assistant Attorney General Nicole Argentieri announced that the US Department of Justice (DOJ) had issued updated guidance to federal prosecutors in its “Evaluation of Corporate Compliance…more

Artificial Intelligence, Clawbacks, Compensation, Compliance, Corporate Misconduct

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Jameela Bond

ExxonMobil Strikes Back: Energy Companies Take a More Proactive Approach to Activist ESG Shareholders

ExxonMobil has filed proceedings in the US District Court for the Northern District of Texas against two shareholders, alleging that proposals seeking an increased pace for reductions in emissions amount to “intrusion” into…more

Activist Investors, Derivative Suit, Energy Sector, Environmental Social & Governance (ESG), Exxon Mobil

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Gregory Bopp

Treasury and IRS Release Final Regulations on Qualifying Income, but Halted by Trump Moratorium

January 25, 2017 On January 19, 2017, the Department of the Treasury and the Internal Revenue Service (IRS) issued final regulations (Final Regulations) regarding qualifying income under Internal Revenue Code (Code) section…more

Final Rules, IRS, Minerals, Moratorium, Natural Gas

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Amelia Bowring

Overhaul of the UAE’s Competition Law: Key Changes and Next Steps

On 29 December, 2023, Federal Decree-Law No. 36 of 2023 on the Regulation of Competition (the New Law) was issued, replacing Federal Decree-Law No. 4 of 2012 (the Old Law) and introducing a new merger control regime, including a…more

Acquisitions, Competition, Exemptions, Fines, Merger Controls

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Julia Wyckoff Boyce

A New Way to Pierce the Corporate Veil: Disgorging Profit From Corporate Affiliates

The US Supreme Court has recently granted certiorari on the issue of whether a corporation can be held liable for the conduct of its affiliate without first satisfying the well-settled standards for piercing the corporate veil…more

Amicus Briefs, Appeals, Certiorari, Contract Terms, Disgorgement

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Stephen Braga

“No Harm, No Foul”: Who Will Referee Future White-Collar Prosecutions?

On December 9, the US Supreme Court heard oral argument in Kousisis v. United States, a case that has significant potential ramifications for white-collar prosecutions on the federal level…more

Diversity, False Pretenses, Oral Argument, SCOTUS, Sentencing

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Joseph Brazauskas

PRG Pulse 2024 Post-Election Analysis: What Happened: Policy and Politics

Donald Trump won the 2024 US presidential election, becoming the first president since Grover Cleveland to serve non-consecutive terms. He secured both an electoral and popular vote victory, with significant gains across urban,…more

Congressional Review Act, Inflation Reduction Act (IRA), Infrastructure Investment and Jobs Act (IIJA), Presidential Elections

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Gary Bridgens

Federal Register Notice on November 26, 2024, Establishes Date for Compliance Filings for FERC Elimination of Generator Compensation for Standard Reactive Power Service

On October 17, 2024, the Federal Energy Regulatory Commission (“FERC”) issued Order No. 904, finding on a generic basis that allowing transmission providers to charge customers for a generating facility’s provision of reactive…more

Electricity, Emergency Generators, Energy Sector, Federal Power Act, Federal Register

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Michael Brooks

CFTC, DOJ and SEC Announce Landmark Prosecutions Alleging Fraud in Connection With Voluntary Carbon Credits

On October 2, 2024, the Commodity Futures Trading Commission (CFTC), the US Department of Justice (DOJ), and the Securities and Exchange Commission (SEC) announced parallel prosecutions charging a carbon credit project…more

Carbon Taxes, Cease and Desist Orders, CFTC, Civil Monetary Penalty, Department of Justice (DOJ)

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Ian Brown

Is the "S" in ESG Poised for a Breakout Year in 2022 for Sustainability-Linked Loans?

If last year was any indication, 2022 may be another record-setting year for the sustainable syndicated loan market. According to financial data provider Refinitiv, new issuances of sustainability-linked loans (“SLLs”) climbed…more

Diversity and Inclusion Standards (D&I), Environmental Social & Governance (ESG), Sustainability, Sustainability-Linked Loans (SLLs), Verification Requirements

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Rebecca Brown

PRG 2024 Post-Election Pulse Check: Hydrogen

E. Dee Martin, partner and co-head of Bracewell’s Policy Resolution Group, and Rebecca Brown, a PRG principal, discuss the future of the hydrogen industry during the second Trump administration…more

Department of Energy (DOE), Energy Sector, Hydrogen Power, Inflation Reduction Act (IRA), Interim Final Rules (IFR)

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Véronique Bruel

Security Over EU ETS Allowances: A French Legal Perspective

As the European Union doubles down on its commitment to reducing greenhouse gas emissions, EU Emission Trading System (EU ETS) allowances have become not only an environmental tool but also a valuable financial asset. While in…more

Carbon Emissions, EU, Financial Institutions, Financial Instruments, France

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Sara Burgin

Texas UIC Class VI Update: Proposed Amendments to 16 TAC Ch. 5

In Volume 48, Number 26 of the Texas Register, the Railroad Commission of Texas (RRC) published proposed amendments to 16 Texas Administrative Code Chapter 5 (relating to Carbon Dioxide and related storage activities). These…more

Environmental Protection Agency (EPA), Proposed Amendments, Texas, Underground Injection Wells

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Molly Butkus

Reeves County District Court Rules in Favor of Oil & Gas Operator in Produced Water Dispute

On November 2, 2021, the Reeves County, Texas, District Court held in COG Operating LLC (“COG”) vs. Cactus Water Services, LLC et al. (“Cactus”) that COG, the oil & gas operator, (1) owns, among other things, the products…more

Hydrocarbons, Mineral Leases, Oil & Gas, Well Drilling

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Leslie Selig Byrd

DOL Salary Rule Vacated by Texas Court

The US Department of Labor’s Final Rule increasing the minimum salary levels required to qualify for the overtime exemptions is null and void. On November 15, 2024, a Texas federal district court set aside and vacated the…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Federal Labor Laws, Minimum Salary

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Olivia Caddy

Force Majeure and Material Adverse Change in Reserve Based Lending (RBL): When Two Black Swans Collide

A “black swan event” is an unpredictable event that is beyond what is normally expected and which has potentially severe consequences. Black swan events are characterised by their rareness and severity…more

Coronavirus/COVID-19, Energy Sector, Force Majeure Clause, Material Adverse Change Clauses (MACs), Oil & Gas

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Kenni Callahan

Frequently Asked Questions About the SEC's New Rules Requiring Hyperlinked Exhibits in Exchange Act and Securities Act Filings

On March 1, 2017, the Securities and Exchange Commission adopted changes to rules and forms that will require companies to provide hyperlinks to the exhibits listed in the exhibit index in most reports and registration…more

Administrative Proceedings, EDGAR, Filing Requirements, Hyperlink, New Regulations

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Alistair Calvert

ExxonMobil Strikes Back: Energy Companies Take a More Proactive Approach to Activist ESG Shareholders

ExxonMobil has filed proceedings in the US District Court for the Northern District of Texas against two shareholders, alleging that proposals seeking an increased pace for reductions in emissions amount to “intrusion” into…more

Activist Investors, Derivative Suit, Energy Sector, Environmental Social & Governance (ESG), Exxon Mobil

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Benjamin Cantor

Treasury Department and IRS Release Proposed Regulations for Clean Electricity Credits Under Code Sections 45Y and 48E

On May 29, 2024, the Treasury Department and the Internal Revenue Service (IRS) released a notice of proposed rulemaking (Proposed Regulations) with respect to Section 45Y (clean electricity production credit or CEPC) and…more

Clean Energy, Electricity, Geothermal Energy, Internal Revenue Code (IRC), IRS

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Brad Chin

USPTO Lights the Way for AI Inventions to Shine

The murky world of artificial intelligence-enabled inventions requires illumination. Did the USPTO’s recent guidance provide this much-needed illumination, or merely leave a trail of breadcrumbs? Some say the guidance is simply…more

Alice/Mayo, Artificial Intelligence, Intellectual Property Protection, Inventions, Medical Devices

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Jason Cohen

546(e)’s Not-So-Safe Harbor: Second Influential Judge Echoes Concerns that Broad Exemption Shelters Pirates

Delaware Judge Brendan Shannon has joined calls for reforming Section 546(e) of the bankruptcy code, echoing concerns that the section’s safe harbor from fraudulent transfer liability has allowed investors to “loot privately…more

Bankruptcy Code, Debtors, Dividends, Fraudulent Transfers, Motion to Dismiss

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Kevin Collins

CSB Releases Guidance on Accidental Release Reporting

On August 30, 2022, the U.S. Chemical Safety and Hazard Investigation Board (“CSB” or the “Agency”) issued a guidance document aimed at helping owners and operators of stationary sources and similar stakeholders understand and…more

Chemicals, Hazardous Substances, New Guidance, Property Damage, Reporting Requirements

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Daniel Connolly

Closing the Side Door – The Imperative of the College Admission Scandal

On March 12, 2019, the Justice Department unveiled its indictment and charges of 50 individuals involved in one of the most sweeping admissions scandals to hit higher education. Eight universities have been implicated in the…more

Bribery, Criminal Conspiracy, Criminal Liability, Department of Justice (DOJ), Indictments

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Annie Cook

EPA Proposes Changes to Risk Management Plan Rules

On August 19, the U.S. Environmental Protection Agency (EPA) posted the pre-Federal Register publication of its latest effort to revise the Risk Management Plan (RMP) rule – this time titled the “Safer Communities by Chemical…more

Biden Administration, Climate Change, Environmental Protection Agency (EPA), NAICS, Risk Management

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Steven Cook

Compliance with a Few of EPA’s New RMP Program Changes Is Required Starting in May 2024

On March 11, 2024, EPA’s “Safer Communities by Chemical Accident Prevention Rule” (the SCCAP Rule) was published in the Federal Register. See 89 Fed. Reg. 17622 (Mar. 11, 2024). The SCCAP Rule makes a number of significant…more

Audits, Compliance, Environmental Policies, Environmental Protection Agency (EPA), Risk Management

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Stephen Crain

Dallas Court of Appeals Reverses Partnership Verdict: Preliminary Agreements Precluded Partnership

On Tuesday, July 18, 2017, the Dallas Court of Appeals reversed a $535 million judgment against Enterprise Products Partners, L.P. (Enterprise), finding that unfulfilled conditions precedent in Enterprise’s written agreements…more

Appeals, Fiduciary Duty, Oil & Gas, Partnerships, Pipelines

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Joshua Cunningham

Vineyard Wind 1 Prevails Again in the First Circuit

The US Court of Appeals for the First Circuit has affirmed the dismissal of two additional legal challenges to the Vineyard Wind 1 Project (the Project). On December 5, 2024, a First Circuit panel issued a consolidated opinion…more

Appeals, Dismissals, Endangered Species Act (ESA), Fishing Industry, Marine Mammal Protection Act (MMPA)

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Nancy McEvily Davis

Improper Jury Argument: Texas Courts’ Recent Focus on Unsubstantiated Anchoring

Texas courts have recently provided guidance on what constitutes improper jury argument, focusing specifically on unsubstantiated anchoring. Trial counsel routinely use strategies to enhance the persuasiveness of their…more

Closing Arguments, Damages, Jury Trial, Texas, Voir Dire

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Henry Day

What Did I Miss? Key UK Sanctions Updates from Q3-4 2024

In recent months, the United Kingdom’s sanctions regime has received noteworthy updates with implications for a range of entities operating both domestically and abroad. The changes are housed in an update to the Russia…more

Economic Sanctions, Enforcement, Financial Institutions, Foreign Financial Institutions (FFI), Military Conflict

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Suzanne Day

Hurricane Beryl: How to Maximize Your Company’s Insurance for a Faster Recovery

After a large storm, companies and other large organizations often face significant property damage, power outages, physical access issues, and resulting business interruption losses. A key step in recovering from a hurricane…more

Documentation, FEMA, Hurricane Season, Insurance Claims, Insurance Industry

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Kirsty Delaney

Protecting Energy Investments in Europe: UK Announces Withdrawal From the Energy Charter Treaty

On 22 February, the UK announced its intention to withdraw from the Energy Charter Treaty. According to Energy Security and Net Zero Minister Graham Stuart, the decision will support the UK’s transition to net zero and…more

Carbon Capture and Sequestration, Energy Sector, Environmental Social & Governance (ESG), EU, Investment

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Mark Dendinger

Use It or Lose It: U.S. Supreme Court Unanimously Holds in MOAC Mall Holdings LLC That 363(m) Protections Can Be Waived

The U.S. Supreme Court recently issued its latest bankruptcy opinion in MOAC Mall Holdings LLC v. Transform Holdco LLC, holding that the Bankruptcy Code’s rule against invalidating 363 sales after appeal is not an iron-clad…more

Appeals, Bankruptcy Code, Bankruptcy Court, Good Faith, Jurisdiction

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Keith Derrington

Re-Calculating Patent Term Adjustments Once Again

The Federal Circuit has adjusted the way we calculate Patent Term Adjustments (PTA) once again with its holdings in Novartis and Exelixis. The Federal Circuit held that the United States Patent and Trademark Office (USPTO) has…more

Exelixis, Novartis, Patent Term Adjustment, Patent Terms, Patents

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Amber Dodds

How Meta’s $1.4 Billion Settlement Impacts Your Obligations Under the Texas Capture or Use of Biometric Identifier Act

The Texas Capture or Use of Biometric Identifier Act (CUBI) aims to prevent the commercial collection of an individual’s biometric identifiers without their consent. CUBI has been around since 2009, but it has been making…more

Biometric Information, Consent, Facebook, Penalties, Reasonable Care

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Liam Donovan

PRG Pulse 2024 Post-Election Analysis: What Happened: Policy and Politics

Donald Trump won the 2024 US presidential election, becoming the first president since Grover Cleveland to serve non-consecutive terms. He secured both an electoral and popular vote victory, with significant gains across urban,…more

Congressional Review Act, Inflation Reduction Act (IRA), Infrastructure Investment and Jobs Act (IIJA), Presidential Elections

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Seth DuCharme

Enforcement Trends 2025: Magic 8 Ball Says "Try Again Later"

As the world prepares for the change of administration in January, current government officials and industry experts convened at the New York Forum on Economic Sanctions to reflect on enforcement trends in 2024, and to speculate…more

Anti-Money Laundering, Banks, Bureau of Industry and Security (BIS), Cryptocurrency, Economic Sanctions

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Bryan Dumesnil

Class Actions Begin: Plaintiffs Target Banks for PPP Loan Processing

A number of class-action lawsuits have been filed targeting national and community banks for their processing of loans under the Small Business Administration’s Paycheck Protection Program (PPP). It is not surprising that…more

CARES Act, Class Action, Community Banks, Coronavirus/COVID-19, Paycheck Protection Program (PPP)

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Theodore Duver

Order No. 1977: FERC Siting Permits for Interstate Electric Transmission Facilities - FERC Finalizes Backstop Transmission Siting Reforms

On May 13, 2024, the Federal Energy Regulatory Commission (“FERC” or Commission) issued a final rule amending its regulations governing FERC’s review of applications for transmission siting permits pursuant to section 216 of the…more

Electricity, Energy Sector, Environmental Justice, Federal Power Act, FERC

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Chase Edmunds

The SEC’s Final Rules on Climate-Related Disclosures: A Guide for In-House Counsel

The US Securities and Exchange Commission’s recently adopted rules governing climate-related disclosures, although significantly pared back from the rules proposed two years ago, represent a major change to the existing…more

Board of Directors, Climate Change, Compliance, Disclosure Requirements, Final Rules

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Caroline E. Ellis

Texas Court Issues Nationwide Preliminary Injunction of the Corporate Transparency Act

On December 3, 2024, the US District Court for the Eastern District of Texas issued a nationwide preliminary injunction, halting enforcement of the Corporate Transparency Act (CTA) and its implementing regulations…more

Corporate Transparency Act, Department of Justice (DOJ), Enforcement, Financial Crimes, FinCEN

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Kevin Ewing

The Reasonably Foreseeable Effects of Seven County Infrastructure Coalition

On December 10, 2024, the US Supreme Court heard oral argument in Seven County Infrastructure Coalition v. Eagle County, the first major National Environmental Policy Act (NEPA) case to reach the Supreme Court in nearly two…more

Environmental Impact Statements, Infrastructure, Jurisdiction, NEPA, Oral Argument

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George Fatula

The CFTC Proposes a New Approach to Federal Position Limits -- Will This One Stick?

At its open meeting held on January 30, 2020, the Commodity Futures Trading Commission (“CFTC” or “the Commission”) approved a proposed rulemaking to institute federal position limits in an effort to prevent excessive…more

Bona Fide Hedging, CFTC, Comment Period, Commodities Traders, Commodity Futures Contracts

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George Felcyn

PRG 2024 Post-Election Pulse Check: Wind

George Felcyn, senior director of government affairs in Bracewell’s Policy Resolution Group, discusses the future of the wind industry under a second Trump administration…more

Artificial Intelligence, BOEM, Cryptocurrency, Department of the Interior, Electric Vehicles

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Edward Fierro

SEC Leaders Ask Municipal Issuers for Voluntary COVID-19 Disclosure

On May 4, Securities and Exchange Commission Chairman Jay Clayton and Rebecca Olsen, Director of the SEC’s Office of Municipal Securities, issued a statement entitled “The Importance of Disclosure for our Municipal Markets”1…more

Coronavirus/COVID-19, EMMA, Municipal Securities Market, Securities and Exchange Commission (SEC), Securities Regulation

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Jason Fox

Supermajors, dividends and the energy transition

I am sitting in my garden at home on a sunny afternoon with a glass of white wine – and yes I had booked this day off as leave. I check my phone and see that all hell is breaking out on the news feeds. No, it’s not that we have…more

Dividends, Oil & Gas, Shell Oil

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Rebecca Foxwell

Biden Administration Prioritizes Increased and Broadened Anti-Corruption Enforcement

On June 3, 2021, the White House issued a memorandum announcing anti-corruption as a core national security interest. The memorandum explains that, “[c]orruption threatens United States national security, economic equity,…more

Anti-Bribery, Anti-Corruption, Anti-Money Laundering, Bank Secrecy Act, Biden Administration

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Jonathan Frels

Texas Governor Allows Temporary Suspension of Certain Open Meeting Statutes

On March 16, 2020, Texas Governor Greg Abbott granted the Office of the Attorney General’s request for a temporary suspension of certain open meeting statutes. This temporary suspension allows for telephonic or videoconference…more

Coronavirus/COVID-19, Telecommuting, Texas, Videoconference

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Russell Gallaro

FINRA Facts and Trends: November 2024

Welcome to the latest issue of Bracewell’s FINRA Facts and Trends, a monthly newsletter devoted to condensing and digesting recent FINRA developments in the areas of enforcement, regulation and dispute resolution. This month, we…more

Compliance, Cryptocurrency, Cybersecurity, Data Privacy, Data Security

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Danielle Garbien

COVID-19 Impact on US Renewable Energy Projects

The COVID-19 pandemic is raising numerous concerns for renewable energy projects under development in the United States. First, will Congress address renewable energy industry concerns in the coming round of the COVID-19…more

Banks, Borrowers, Compliance, Contract Terms, Coronavirus/COVID-19

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John Gilbert

All’s Well That Ends Well? NSTA Launch Investigation Into Oil Well Decommissioning Delays

On 15 July 2024, 10 days into the UK Labour Government, the North Sea Transition Authority (“NSTA”, formerly known as the Oil and Gas Authority) announced that its Directorate of Regulation is opening an investigation into…more

Contract Terms, Decommissioned Facilities, Investigations, Licenses, Oil Wells

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Gene Godley

Post-Election Update 2016

The 2016 election results have significant implications for companies across a wide range of industry sectors. From environmental policy to financial services to tax reform, President-elect Trump has committed to sweeping action…more

Anti-Dumping Duty, Barack Obama, Budget Reconciliation, Clean Energy, Clean Power Plan

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Rachel Goldman

A New Way to Pierce the Corporate Veil: Disgorging Profit From Corporate Affiliates

The US Supreme Court has recently granted certiorari on the issue of whether a corporation can be held liable for the conduct of its affiliate without first satisfying the well-settled standards for piercing the corporate veil…more

Amicus Briefs, Appeals, Certiorari, Contract Terms, Disgorgement

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Catherine Grant

Nigeria’s Energy Sector: Looking Back at 2023 and Looking Ahead in 2024

We summarise the key events from 2023 in Nigeria’s energy sector – a year that saw the start of a new presidency and the end of the fuel subsidy. There was considerable M&A activity, significant legal developments and court…more

Acquisitions, Arbitration, Deadlines, Energy Sector, Licenses

See all updates »

Meredith Grant

Supreme Court “Clarifies” Employer Duty to Make Religious Accommodations

On June 29, 2023, in Groff v. DeJoy, the US Supreme Court unanimously adopted a new interpretation of the standard for when an employee’s religious accommodation poses an “undue hardship” for an employer under Title VII of the…more

Civil Rights Act, De Minimus Doctrine, Employer Liability Issues, Groff v DeJoy, Reasonable Accommodation

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Robert Grattan

Use It or Lose It: U.S. Supreme Court Unanimously Holds in MOAC Mall Holdings LLC That 363(m) Protections Can Be Waived

The U.S. Supreme Court recently issued its latest bankruptcy opinion in MOAC Mall Holdings LLC v. Transform Holdco LLC, holding that the Bankruptcy Code’s rule against invalidating 363 sales after appeal is not an iron-clad…more

Appeals, Bankruptcy Code, Bankruptcy Court, Good Faith, Jurisdiction

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R. Todd Greenwalt

FY 2021 Sequestration Reduction Rate for Direct Pay Tax Credit Bonds Set at 5.7%

According to the IRS website, the sequester reduction rate applied to payments made to issuers of direct pay tax credit bonds in fiscal year 2021 will be 5.7 percent. This percentage will apply to all subsidy payments scheduled…more

Bonds, Direct Pay Bonds, Internal Revenue Code (IRC), IRS, Sequestration

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Matthew Grunert

DOL Stance on Cryptocurrency in 401(k) Plans Becomes a Political Football

A recent release by the DOL raising concerns about plan sponsors allowing cryptocurrency investments in 401(k) plans has gotten the attention of both sides of the Congressional aisle as well as industry groups. Some of the…more

401k, 404(c) Plans, Cryptocurrency, Department of Labor (DOL), Digital Wallets

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Nathan Guerra

Texas UIC Class VI Update: Proposed Amendments to 16 TAC Ch. 5

In Volume 48, Number 26 of the Texas Register, the Railroad Commission of Texas (RRC) published proposed amendments to 16 Texas Administrative Code Chapter 5 (relating to Carbon Dioxide and related storage activities). These…more

Environmental Protection Agency (EPA), Proposed Amendments, Texas, Underground Injection Wells

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Martin Gusy

No More Discretion: US Supreme Court Rules Cases Sent to Arbitration Must Be Put on Hold

Do federal courts have the discretion to dismiss lawsuits once it is determined that all underlying claims are covered by mandatory arbitration agreements? The answer is “no,” according to the outcome of the unanimous…more

Arbitration, Federal Arbitration Act, Independent Contractors, SCOTUS, Smith v Spizzirri

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Amy Karff Halevy

Texas District Court Sets Aside FTC Non-Compete Ban: What Employers Should Consider

The Federal Trade Commission’s (FTC) Non-Compete Rule, which was scheduled to become effective on September 4, 2024, was set aside last month by US District Judge Ada Brown of the Northern District of Texas in Ryan LLC v. FTC,…more

Administrative Procedure Act, Chevron Deference, Employment Contract, Federal Bans, Federal Trade Commission (FTC)

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Jonathon Hance

How Meta’s $1.4 Billion Settlement Impacts Your Obligations Under the Texas Capture or Use of Biometric Identifier Act

The Texas Capture or Use of Biometric Identifier Act (CUBI) aims to prevent the commercial collection of an individual’s biometric identifiers without their consent. CUBI has been around since 2009, but it has been making…more

Biometric Information, Consent, Facebook, Penalties, Reasonable Care

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Leslie Hansen

CFTC, DOJ and SEC Announce Landmark Prosecutions Alleging Fraud in Connection With Voluntary Carbon Credits

On October 2, 2024, the Commodity Futures Trading Commission (CFTC), the US Department of Justice (DOJ), and the Securities and Exchange Commission (SEC) announced parallel prosecutions charging a carbon credit project…more

Carbon Taxes, Cease and Desist Orders, CFTC, Civil Monetary Penalty, Department of Justice (DOJ)

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Shelby Harden

SEC Sends Warning Shot on COVID-Impact Disclosures

The Securities and Exchange Commission fired a warning shot last week to all public companies about the quality and accuracy of disclosures made regarding the impact of the COVID-19 pandemic on business operations. On December…more

Business Operations, Coronavirus/COVID-19, Disclosure Requirements, Liquidity, Publicly-Traded Companies

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Troy Harder

US Supreme Court Holds That Pure Omissions Are Not Actionable Under Federal Anti-Fraud Rule

In a unanimous decision, the US Supreme Court held that pure omissions are not actionable under Rule 10b-5(b) under the Securities Exchange Act of 1934. Rather, the Court found that Rule 10b–5(b) prohibits half-truths, not pure…more

Anti-Fraud Provisions, Disclosure Requirements, Filing Requirements, Item 303, Omissions

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Jay Harper

Permian Consolidation Piques Interest in Drill-to-Earn Opportunities

The current roster of players in the Permian Basin stands in stark contrast to what it was at the peak of the shale revolution. During the last year and a half alone, the basin has seen a consolidation trend accelerate,…more

Energy Sector, Environmental Policies, Fracking, Shale Gas

See all updates »

Daniel Harrell

How Meta’s $1.4 Billion Settlement Impacts Your Obligations Under the Texas Capture or Use of Biometric Identifier Act

The Texas Capture or Use of Biometric Identifier Act (CUBI) aims to prevent the commercial collection of an individual’s biometric identifiers without their consent. CUBI has been around since 2009, but it has been making…more

Biometric Information, Consent, Facebook, Penalties, Reasonable Care

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Daniel Hemli

FTC Finalizes Major Rewrite of HSR Filing Requirements

Last week, the Federal Trade Commission (FTC) voted unanimously to issue a final rule that implements significant changes to the Hart-Scott-Rodino (HSR) premerger notification form and accompanying instructions. While the final…more

Acquisitions, Antitrust Division, Department of Justice (DOJ), Federal Trade Commission (FTC), Filing Requirements

See all updates »

Gabbie Hindera

Texas Court Issues Nationwide Preliminary Injunction of the Corporate Transparency Act

On December 3, 2024, the US District Court for the Eastern District of Texas issued a nationwide preliminary injunction, halting enforcement of the Corporate Transparency Act (CTA) and its implementing regulations…more

Corporate Transparency Act, Department of Justice (DOJ), Enforcement, Financial Crimes, FinCEN

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Jeffrey Holmstead

Chevron Overturned: No Judicial Deference to Agencies in Interpreting Statutes

“How clear is clear?” asked Justice Antonin Scalia, famously. On Friday, the Supreme Court made absolutely clear that Chevron is dead. Judicial deference to agency interpretations of statutory ambiguities is no longer the law of…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Constitutional Challenges, Government Agencies

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Madalena Houlihan

Expert Determination in the Energy Sector – When Will the Courts Intervene?

It is not uncommon for parties to agree that certain disputes should be referred to an expert for determination. However, when those disputes arise, the parties may disagree about the scope of the exercise to be carried out by…more

Collusion, Crude Oil, Economic Sanctions, Energy Sector, EU

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Mark Hunting

What Did I Miss? Key UK Sanctions Updates from Q3-4 2024

In recent months, the United Kingdom’s sanctions regime has received noteworthy updates with implications for a range of entities operating both domestically and abroad. The changes are housed in an update to the Russia…more

Economic Sanctions, Enforcement, Financial Institutions, Foreign Financial Institutions (FFI), Military Conflict

See all updates »

Jason Hutt

BOEM Finalizes Long-Awaited Overhaul of Offshore Oil and Gas Financial Assurance Regulations

The Bureau of Ocean Energy Management (BOEM) announced its finalization of a rule substantially revising the financial assurance requirements applicable to offshore oil and gas operations. The final rule revises criteria for…more

BOEM, Energy Sector, Financial Services Industry, Oil & Gas, Public Finance

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Oliver Irwin

OECD announces Amendment to Arrangement on Officially Supported Export Credits

Effective as of 20 April 2021, an amendment to the Arrangement on Officially Supported Export Credits (TAD/PG(2020)1) (the “Arrangement”) was announced by the Organisation for Economic Co-operation and Development (“OECD”), in…more

Exports, Infrastructure, OECD, Request for Proposals

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Shane Jaftha

The Multi-Sector Fuel Dilemma

Confusion persists among industry stakeholders regarding the correct structuring approach to renewables. The truth is that renewables traverse sectors and is not a sector itself. Electrical power generated through sustainable…more

Capital Investments, Electricity, Energy Storage, Environmental Policies, Fossil Fuel

See all updates »

Jadranka Jakovcic

Eight Key Amendments of the 2022 ICSID Arbitration Rules

The fourth amendments to the ICSID Arbitration Rules are the most extensive since their inception. Unless an underlying treaty or agreement provides otherwise, the revised 2022 Arbitration Rules of the International Center for…more

Arbitration, Bifurcation, E-Filing, ICSID, International Arbitration

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Ben James

Africa Energy Update

The latest news on legal and regulatory developments in Africa's energy sector with perspectives from our offices in London, New York and Seattle…more

Africa, Energy Sector, Foreign Investment, Liquid Natural Gas, Oil & Gas

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Tom Jamieson

Winds of Change: Big Oil's Move into UK Offshore Wind

The rise of offshore wind - Offshore wind technology is becoming increasingly mainstream. In 2009, offshore wind represented only 1% of global wind generation capacity, a figure which had grown to 10% by 2019. In recent…more

Environmental Social & Governance (ESG), Infrastructure, Offshore Wind, Paris Agreement, Power Grid

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Jacqueline Java

FTC Finalizes Major Rewrite of HSR Filing Requirements

Last week, the Federal Trade Commission (FTC) voted unanimously to issue a final rule that implements significant changes to the Hart-Scott-Rodino (HSR) premerger notification form and accompanying instructions. While the final…more

Acquisitions, Antitrust Division, Department of Justice (DOJ), Federal Trade Commission (FTC), Filing Requirements

See all updates »

Jason Jean

SEC Approves Nasdaq Board Diversity Requirements

The U.S. Securities and Exchange Commission has approved a Nasdaq proposal regarding new listing rules on board diversity, as described in a previous Client Alert, which can be found here. The new rules will require most…more

Diversity, Diversity and Inclusion Standards (D&I), Final Rules, Nasdaq, Securities and Exchange Commission (SEC)

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Patrick Johnson

Increasing Antitrust and Potentially Other Scrutiny for Defense M&A Deals

Mergers and acquisitions involving companies that conduct business with the federal government present a unique set of challenges. Several statutes and regulations are implicated in such corporate transactions, whether the…more

Acquisitions, Antitrust Provisions, Department of Defense (DOD), GAO, Hart-Scott-Rodino Act

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Tyler Johnson

Vineyard Wind 1 Prevails Again in the First Circuit

The US Court of Appeals for the First Circuit has affirmed the dismissal of two additional legal challenges to the Vineyard Wind 1 Project (the Project). On December 5, 2024, a First Circuit panel issued a consolidated opinion…more

Appeals, Dismissals, Endangered Species Act (ESA), Fishing Industry, Marine Mammal Protection Act (MMPA)

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Barbara Jones

Closing the Side Door – The Imperative of the College Admission Scandal

On March 12, 2019, the Justice Department unveiled its indictment and charges of 50 individuals involved in one of the most sweeping admissions scandals to hit higher education. Eight universities have been implicated in the…more

Bribery, Criminal Conspiracy, Criminal Liability, Department of Justice (DOJ), Indictments

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Anna Karakitsos

PRG 2024 Post-Election Pulse Check: Carbon Markets and CCUS

Anna Karakitsos, a senior government affairs advisor in Bracewell’s Policy Resolution Group, discusses the future of carbon credits and carbon capture utilization and sequestration under a new Trump administration…more

Carbon Capture and Sequestration, Carbon Emissions, China, Greenhouse Gas Emissions, International Trade

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Deanna King

Order No. 1977: FERC Siting Permits for Interstate Electric Transmission Facilities - FERC Finalizes Backstop Transmission Siting Reforms

On May 13, 2024, the Federal Energy Regulatory Commission (“FERC” or Commission) issued a final rule amending its regulations governing FERC’s review of applications for transmission siting permits pursuant to section 216 of the…more

Electricity, Energy Sector, Environmental Justice, Federal Power Act, FERC

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James Kizziar Jr.

The 2020 Election: Previewing the Potential for Shifts in Labor & Employment Law

As Election Day approaches, employers nationwide consider the changes that may come with a victory by Senator Joseph Biden in the Presidential race and/or shift in representation in the U.S. Senate. While we cannot be certain…more

Collective Bargaining Agreements (CBA), Coronavirus/COVID-19, Department of Labor (DOL), Equal Employment Opportunity Commission (EEOC), Equality Act

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Joshua Klein

FINRA Facts and Trends: November 2024

Welcome to the latest issue of Bracewell’s FINRA Facts and Trends, a monthly newsletter devoted to condensing and digesting recent FINRA developments in the areas of enforcement, regulation and dispute resolution. This month, we…more

Compliance, Cryptocurrency, Cybersecurity, Data Privacy, Data Security

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Thomas Kokalas

DOJ to Companies: If You Step Up & Own Up, You Might Not Have to Pay Up

Late last year, the Department of Justice (DOJ) announced material changes to the way it intended to investigate, prosecute, and resolve corporate cases. The changes were aggressive, leading us to title our update “DOJ’s…more

Audits, Compliance Monitoring, Corporate Crimes, Corporate Culture, Corporate Misconduct

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Andrej Kormuth

The Multi-Sector Fuel Dilemma

Confusion persists among industry stakeholders regarding the correct structuring approach to renewables. The truth is that renewables traverse sectors and is not a sector itself. Electrical power generated through sustainable…more

Capital Investments, Electricity, Energy Storage, Environmental Policies, Fossil Fuel

See all updates »

Kelly Robreno Koster

Texas District Court Sets Aside FTC Non-Compete Ban: What Employers Should Consider

The Federal Trade Commission’s (FTC) Non-Compete Rule, which was scheduled to become effective on September 4, 2024, was set aside last month by US District Judge Ada Brown of the Northern District of Texas in Ryan LLC v. FTC,…more

Administrative Procedure Act, Chevron Deference, Employment Contract, Federal Bans, Federal Trade Commission (FTC)

See all updates »

Edward Krenik

PRG 2024 Post-Election Pulse Check: Manufacturing and the CPSC

Edward D. Krenik, senior principal in Bracewell’s Policy Resolution Group, and Dylan Pasiuk, a PRG principal, discuss what may happen in the consumer product safety world under the new Trump administration…more

Appropriations Bill, Consumer Product Safety Commission (CPSC), Manufacturers, Presidential Elections, Retailers

See all updates »

Anne Lapierre

Security Over EU ETS Allowances: A French Legal Perspective

As the European Union doubles down on its commitment to reducing greenhouse gas emissions, EU Emission Trading System (EU ETS) allowances have become not only an environmental tool but also a valuable financial asset. While in…more

Carbon Emissions, EU, Financial Institutions, Financial Instruments, France

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Joseph Lasher

SBA Issues Fresh Guidance and Streamlined Forgiveness Application

On June 16, the Small Business Administration released an updated PPP Loan Forgiveness Application (SBA Form 3508) and a simplified version for certain eligible borrowers (SBA Form 3508EZ), both reflecting program changes…more

Coronavirus/COVID-19, Interim Final Rules (IFR), Loan Forgiveness, New Guidance, Paycheck Protection Program (PPP)

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Ro Lazarovitch

Decarbonising the LNG Industry: The Pressure is On

Decarbonising Natural Gas and LNG - Natural gas and liquefied natural gas (“LNG”) have long been hailed as one of the winners of the current energy transition when compared to other fossil fuels. Carbon dioxide (“CO2”)…more

Carbon Capture and Sequestration, Carbon Emissions, Clean Energy, Coal, Electricity

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Austin Lee

Permian Consolidation Piques Interest in Drill-to-Earn Opportunities

The current roster of players in the Permian Basin stands in stark contrast to what it was at the peak of the shale revolution. During the last year and a half alone, the basin has seen a consolidation trend accelerate,…more

Energy Sector, Environmental Policies, Fracking, Shale Gas

See all updates »

Parker Lee

Biden Administration Announces Voluntary Carbon Market Principles

The recent Joint Policy Statement and Principles (Principles) released by the Biden Administration, and related remarks by Secretary of the Treasury Janet L. Yellen, mark a significant milestone in the development of the…more

Biden Administration, Executive Orders, Sustainability, USDA

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Mark Lewis

"A Clash of Two Congressionally Constructed Titans": Fifth Circuit Declares Bankruptcy Court Victorious Over FERC in In re Ultra Petroleum Corporation

On March 14, 2022, the United States Court of Appeals for the Fifth Circuit (the “Fifth Circuit”) revisited the issue of the rejection of filed-rate contracts in bankruptcy where such contracts are governed by the Federal Energy…more

Appeals, Bankruptcy Code, Bankruptcy Court, Chapter 11, Federal Power Act

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Catherine Little

TSA Revises Cybersecurity Directive for Critical Pipeline and LNG Facilities

Following significant collaboration with the industry, the Transportation Security Administration (TSA) issued a revised directive, effective July 27, 2022, which updates one of the prior directives issued in the wake of a May…more

Audits, Cyber Attacks, Cybersecurity, Incident Response Plans, Information Technology

See all updates »

Tracy London

Crystal Ball Gazing – Are There Calmer Waters in the Offshore Wind Sector in 2024?

2023 seems to have been a perfect storm for the offshore wind industry around the globe. Between permitting delays and grid connection hurdles, inflation and supply chain challenges all have led to some developers wanting to…more

Acquisitions, BOEM, Government Agencies, Inflation Reduction Act (IRA), Infrastructure

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Clark Stockton Lord

Shelby County v. Holder Decision Has Broad Impact on Voting Rights Act Compliance

On June 25, 2013, the Supreme Court of the United States issued a landmark Voting Rights Act opinion that will impact all Texas governmental entities…more

Attorney General, SCOTUS, Shelby v Holder, Voting Rights Act

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Jonathan Lozano

Use It or Lose It: U.S. Supreme Court Unanimously Holds in MOAC Mall Holdings LLC That 363(m) Protections Can Be Waived

The U.S. Supreme Court recently issued its latest bankruptcy opinion in MOAC Mall Holdings LLC v. Transform Holdco LLC, holding that the Bankruptcy Code’s rule against invalidating 363 sales after appeal is not an iron-clad…more

Appeals, Bankruptcy Code, Bankruptcy Court, Good Faith, Jurisdiction

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William Mahoney

Unanimous Supreme Court: Consumer Confusion Is Trademark Infringement Test, Even for Punny Parodies

It may be punny or even funny, but a unanimous Supreme Court has decided that the “Bad Spaniels” dog-toy brand may infringe and dilute the “Jack Daniel’s” trademark. Last week’s opinion puts an end to the toy maker’s attempt…more

Cease and Desist, Dilution, First Amendment, Intellectual Property Protection, Jack Daniels Properties Inc v VIP Products LLC

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Frank Maisano

Post-Election Update 2016

The 2016 election results have significant implications for companies across a wide range of industry sectors. From environmental policy to financial services to tax reform, President-elect Trump has committed to sweeping action…more

Anti-Dumping Duty, Barack Obama, Budget Reconciliation, Clean Energy, Clean Power Plan

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Meagan Maloney

Supreme Court Declares SEC Lacks In-House Authority to Impose Civil Penalties

The United States Supreme Court struck another major blow to the Securities Exchange Commission’s enforcement arsenal, finding that its oft-used practice of imposing monetary penalties in its in-house administrative proceedings…more

Administrative Proceedings, Civil Monetary Penalty, Constitutional Challenges, Dodd-Frank, Enforcement

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Benjamin Martin

Texas Court Issues Nationwide Preliminary Injunction of the Corporate Transparency Act

On December 3, 2024, the US District Court for the Eastern District of Texas issued a nationwide preliminary injunction, halting enforcement of the Corporate Transparency Act (CTA) and its implementing regulations…more

Corporate Transparency Act, Department of Justice (DOJ), Enforcement, Financial Crimes, FinCEN

See all updates »

E. Dee Martin

PRG 2024 Post-Election Pulse Check: Hydrogen

E. Dee Martin, partner and co-head of Bracewell’s Policy Resolution Group, and Rebecca Brown, a PRG principal, discuss the future of the hydrogen industry during the second Trump administration…more

Department of Energy (DOE), Energy Sector, Hydrogen Power, Inflation Reduction Act (IRA), Interim Final Rules (IFR)

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James McAnelly III

Texas UIC Class VI Update: Proposed Amendments to 16 TAC Ch. 5

In Volume 48, Number 26 of the Texas Register, the Railroad Commission of Texas (RRC) published proposed amendments to 16 Texas Administrative Code Chapter 5 (relating to Carbon Dioxide and related storage activities). These…more

Environmental Protection Agency (EPA), Proposed Amendments, Texas, Underground Injection Wells

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Catherine McCarthy

Federal Register Notice on November 26, 2024, Establishes Date for Compliance Filings for FERC Elimination of Generator Compensation for Standard Reactive Power Service

On October 17, 2024, the Federal Energy Regulatory Commission (“FERC”) issued Order No. 904, finding on a generic basis that allowing transmission providers to charge customers for a generating facility’s provision of reactive…more

Electricity, Emergency Generators, Energy Sector, Federal Power Act, Federal Register

See all updates »

Elizabeth McGinley

Treasury and IRS Issue Final and Proposed Regulations Expanding Applicable Entities’ Ability to Elect Direct Pay in Connection With Credit Property Owned Indirectly Through an Unincorporated Organization

On November 19, 2024, the Treasury Department and the Internal Revenue Service issued final regulations under Internal Revenue Code (Code) Section 761 (the Final Regulations) enabling certain entities to make a direct pay…more

Final Rules, Internal Revenue Code (IRC), IRS, Proposed Regulation, Tax Exemptions

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Kate Barrington McGregor

SEC Proposes New Rules Requiring Universal Proxy Cards

On October 26, 2016, the U.S. Securities and Exchange Commission proposed changes to the proxy rules to require the use of universal proxy cards in contested director elections. Universal proxy cards would permit shareholders to…more

Director Nominations, Proposed Rules, Securities and Exchange Commission (SEC), Shareholder Votes, Shareholders

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Robert Meade

What Did I Miss? Key UK Sanctions Updates from Q3-4 2024

In recent months, the United Kingdom’s sanctions regime has received noteworthy updates with implications for a range of entities operating both domestically and abroad. The changes are housed in an update to the Russia…more

Economic Sanctions, Enforcement, Financial Institutions, Foreign Financial Institutions (FFI), Military Conflict

See all updates »

Caroline Melo

EEOC Finalizes Long-Awaited Workplace Harassment Enforcement Guidance

The Equal Employment Opportunity Commission (EEOC) published its long-awaited final guidance on harassment in the workplace on April 29, 2024, several months following its released proposed guidance in September, which we…more

Bostock v Clayton County Georgia, Civil Rights Act, Corrective Actions, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC)

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Robin Miles

New UCC Article 12: Foreseeable Issues with Using Cryptocurrencies and NFTs as Collateral

Now that state legislatures across the country are working to approve the much anticipated Article 12 to the Uniform Commercial Code (UCC), it is time to prepare for transactions with cryptocurrencies and non-fungible tokens…more

Banks, Blockchain, Collateral, Cryptocurrency, Hackers

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Charles Mills

CFTC, DOJ and SEC Announce Landmark Prosecutions Alleging Fraud in Connection With Voluntary Carbon Credits

On October 2, 2024, the Commodity Futures Trading Commission (CFTC), the US Department of Justice (DOJ), and the Securities and Exchange Commission (SEC) announced parallel prosecutions charging a carbon credit project…more

Carbon Taxes, Cease and Desist Orders, CFTC, Civil Monetary Penalty, Department of Justice (DOJ)

See all updates »

Andrew Monk

SEC Proposes Rules to Update Statistical Disclosure Requirements for Bank and Savings and Loan Registrants

On September 17, 2019, the Securities and Exchange Commission (the “SEC”) proposed rules that would update the statistical disclosures provided by banking registrants in response to Industry Guide 3, Statistical Disclosure by…more

Bank Holding Company, Banks, Comment Period, Disclosure Requirements, GAAP

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D. Kirk Morgan II

Senate Considers FERC's Role in Hydrogen Pipeline Development

Last week, the Senate Committee on Energy & Natural Resources (SENR) held a hearing on “Federal Regulatory Authorities Governing the Development of Interstate Hydrogen Pipelines, Storage, Import, and Export.” Chaired by Senator…more

Clean Energy, Energy Sector, FERC, Hydrogen Power, Infrastructure

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Vincent Morgan

Hurricane Beryl: How to Maximize Your Company’s Insurance for a Faster Recovery

After a large storm, companies and other large organizations often face significant property damage, power outages, physical access issues, and resulting business interruption losses. A key step in recovering from a hurricane…more

Documentation, FEMA, Hurricane Season, Insurance Claims, Insurance Industry

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Patrick Morley

An "Immutable" Force Meets an Immovable Object: OFAC's Crypto Loss at the Fifth Circuit

On November 26, 2024, the US Court of Appeals for the Fifth Circuit ruled that “immutable” smart contracts are not “property” for purposes of regulation by the US Department of the Treasury’s Office of Foreign Assets Control…more

Appeals, Biden Administration, Blockchain, Chevron Deference, Cryptocurrency

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Mandi Moroz

TSA Revises Cybersecurity Directive for Critical Pipeline and LNG Facilities

Following significant collaboration with the industry, the Transportation Security Administration (TSA) issued a revised directive, effective July 27, 2022, which updates one of the prior directives issued in the wake of a May…more

Audits, Cyber Attacks, Cybersecurity, Incident Response Plans, Information Technology

See all updates »

Eimear Murphy

Force Majeure and Material Adverse Change in Reserve Based Lending (RBL): When Two Black Swans Collide

A “black swan event” is an unpredictable event that is beyond what is normally expected and which has potentially severe consequences. Black swan events are characterised by their rareness and severity…more

Coronavirus/COVID-19, Energy Sector, Force Majeure Clause, Material Adverse Change Clauses (MACs), Oil & Gas

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Shayan Najib

Decree No. 34 of 2021 Concerning the Dubai International Arbitration Centre Impacting DIFC-LCIA Arbitration – Update

Described as aggressive yet progressive, on 14 September 2021, Sheikh Mohammed bin Rashid Al Maktoum, Ruler of Dubai, issued Decree No. 34 of 2021 (the “Decree”), accompanied by the Statute of Dubai International Arbitration…more

Dubai International Arbitration Center (DIAC), International Arbitration, LCIA, United Arab Emirates (UAE)

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Bagyasree Nambron

LIBOR LATEST - A Temporary Reprieve for USD LIBOR?

Often referred to as “the world’s most important number”, the London Interbank Offered Rate (LIBOR) is used as the reference interest rate for a range of commercial and financial contracts worth hundreds of trillions of dollars…more

Commercial Contracts, Financial Conduct Authority (FCA), Financial Contracts, ICE Benchmark Administration (IBA), Interest Rates

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Paul Nathanson

PRG 2024 Post-Election Pulse Check: Trade and Manufacturing

Paul D. Nathanson and Joshua C. Zive, senior principals in Bracewell’s Policy Resolution Group, discuss the future of trade and manufacturing under a new Trump administration…more

Anti-Dumping Duty, Countervailing Duties, International Trade, Manufacturers, National Security

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Ann Navaro

The Reasonably Foreseeable Effects of Seven County Infrastructure Coalition

On December 10, 2024, the US Supreme Court heard oral argument in Seven County Infrastructure Coalition v. Eagle County, the first major National Environmental Policy Act (NEPA) case to reach the Supreme Court in nearly two…more

Environmental Impact Statements, Infrastructure, Jurisdiction, NEPA, Oral Argument

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Nicholas Neuberger

CFTC, DOJ and SEC Announce Landmark Prosecutions Alleging Fraud in Connection With Voluntary Carbon Credits

On October 2, 2024, the Commodity Futures Trading Commission (CFTC), the US Department of Justice (DOJ), and the Securities and Exchange Commission (SEC) announced parallel prosecutions charging a carbon credit project…more

Carbon Taxes, Cease and Desist Orders, CFTC, Civil Monetary Penalty, Department of Justice (DOJ)

See all updates »

Camille Ng

No More Discretion: US Supreme Court Rules Cases Sent to Arbitration Must Be Put on Hold

Do federal courts have the discretion to dismiss lawsuits once it is determined that all underlying claims are covered by mandatory arbitration agreements? The answer is “no,” according to the outcome of the unanimous…more

Arbitration, Federal Arbitration Act, Independent Contractors, SCOTUS, Smith v Spizzirri

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Matthew Nielsen

Creating an Army of In-House Investigators

In its never-ending war on corporate fraud, the Department of Justice (“DOJ”) has just commissioned a private army to fight as never before. On August 1, the DOJ launched a three-year program to provide financial rewards to…more

Compliance, Corporate Fraud, Corporate Misconduct, Department of Justice (DOJ), Disclosure Requirements

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Anouk Nouet

U.S. Army Corps Permitting: Proposed Revocation of Historic Properties Regulation

The US Army Corps of Engineers (USACE) recently issued a proposed rule (the Proposed Rule) that, if finalized, will change the regulations applicable to the agency’s compliance with the National Historic Preservation Act (NHPA)…more

Historical Landmarks, Permits, Proposed Rules, US Army Corps of Engineers

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Jeff Oldham

Fifth Circuit's Constitutional Carve-Back of the SEC's ALJ Enforcement Proceedings Likely to Lead to More Federal Court Cases

On May 18, 2022, the United States Court of Appeals for the Fifth Circuit (the “Fifth Circuit”) dealt a major blow to the U.S. Securities and Exchange Commission’s (“SEC”) enforcement program. In Jarkesy v. SEC, the Fifth…more

Administrative Law Judge (ALJ), Appeals, Civil Monetary Penalty, Consumer Protection Act, Dodd-Frank

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Victoria Ozimek

Certain CCUS Projects Now Eligible for Financing with Tax-Exempt Bonds

Tax-exempt bonds can now be added to the list of ways in which carbon capture, utilization and storage (“CCUS”) projects can be financed. Specifically, the Infrastructure Investment and Jobs Act (the “Act”) amends section…more

Carbon Capture and Sequestration, Environmental Social & Governance (ESG), Infrastructure Investment and Jobs Act (IIJA), IRS, Tax Exemptions

See all updates »

Dylan Pasiuk

PRG 2024 Post-Election Pulse Check: Manufacturing and the CPSC

Edward D. Krenik, senior principal in Bracewell’s Policy Resolution Group, and Dylan Pasiuk, a PRG principal, discuss what may happen in the consumer product safety world under the new Trump administration…more

Appropriations Bill, Consumer Product Safety Commission (CPSC), Manufacturers, Presidential Elections, Retailers

See all updates »

Brian Patterson

Comprehensive WARN Act FAQ for Employers in the Energy Sector

The US energy sector’s ongoing consolidation wave, which saw $250 billion worth of deals in 2023 and continues into the current year, is reshaping the industry landscape. As companies seek to deploy cash reserves and enhance…more

Acquisitions, Attorney's Fees, Compliance, Employee Rights, Energy Sector

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Matt Paulson

TCEQ Accepting Comments on Proposed Changes to Penalty Policy

At a September 24, 2020 Work Session, TCEQ Executive Director Toby Baker sought approval from the TCEQ Commissioners to propose changes to the TCEQ’s Penalty Policy (RG-253) that will give the agency discretion to significantly…more

Civil Monetary Penalty, Environmental Violations, Proposed Standards, Texas

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Brittany Pemberton

EPA Announces Forthcoming Regulations to Curb Methane Emissions from Oil and Gas Sources

On November 2, 2021, the EPA announced a proposed rule aimed at reducing methane emissions from oil and gas sources. The proposed rule is part of the Biden Administration’s U.S. Methane Emissions Reduction Action Plan, which…more

Clean Air Act, Environmental Protection Agency (EPA), Greenhouse Gas Emissions, Methane, New Source Performance Standards (NSPS)

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David Perlman

FERC Proposes To Limit Availability Of Tariff Waivers

At its May 21, 2020 meeting, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued an order soliciting comments on a proposed policy statement respecting the waiver of tariff requirements. As discussed…more

FERC, Tariffs, Waivers

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Daniel Pope

The Reasonably Foreseeable Effects of Seven County Infrastructure Coalition

On December 10, 2024, the US Supreme Court heard oral argument in Seven County Infrastructure Coalition v. Eagle County, the first major National Environmental Policy Act (NEPA) case to reach the Supreme Court in nearly two…more

Environmental Impact Statements, Infrastructure, Jurisdiction, NEPA, Oral Argument

See all updates »

Lucy Porter

How Meta’s $1.4 Billion Settlement Impacts Your Obligations Under the Texas Capture or Use of Biometric Identifier Act

The Texas Capture or Use of Biometric Identifier Act (CUBI) aims to prevent the commercial collection of an individual’s biometric identifiers without their consent. CUBI has been around since 2009, but it has been making…more

Biometric Information, Consent, Facebook, Penalties, Reasonable Care

See all updates »

Adam Quigley

Navigating the North Sea: NSTA Releases New Guidance to Streamline M&A Transactions

On 8 October 2024, the North Sea Transition Authority (NSTA) released updated guidance for the assignment of offshore petroleum production licences in the UK Continental Shelf (UKCS) (the Guidance). Publication of the Guidance…more

Acquisitions, Infrastructure, Investors, Mergers, Oil & Gas

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Matthew Reasoner

Improper Jury Argument: Texas Courts’ Recent Focus on Unsubstantiated Anchoring

Texas courts have recently provided guidance on what constitutes improper jury argument, focusing specifically on unsubstantiated anchoring. Trial counsel routinely use strategies to enhance the persuasiveness of their…more

Closing Arguments, Damages, Jury Trial, Texas, Voir Dire

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Constance Gall Rhebergen

USPTO Lights the Way for AI Inventions to Shine

The murky world of artificial intelligence-enabled inventions requires illumination. Did the USPTO’s recent guidance provide this much-needed illumination, or merely leave a trail of breadcrumbs? Some say the guidance is simply…more

Alice/Mayo, Artificial Intelligence, Intellectual Property Protection, Inventions, Medical Devices

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Madison Rich

SEC Modernizes Beneficial Ownership Reporting

On October 10, 2023, the Securities and Exchange Commission (the Commission) adopted amendments to modernize the rules governing beneficial ownership reporting. The amendments shorten the deadline for initial and amended…more

Beneficial Owner, Compliance, Derivatives, Disclosure Requirements, Final Rules

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Edmund Robb

Supreme Court Rules That Arbitrators Must Decide Whether A Dispute Is Arbitrable, Not Courts, When The Contract So Provides

Yesterday January 8, 2019, in the first opinion issued by Justice Brett Kavanaugh, the United States Supreme Court held that courts may not use a “wholly groundless” exception to disregard contractual provisions delegating the…more

Appeals, Arbitration, Arbitration Agreements, Arbitrators, Contract Terms

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Joshua Robichaud

Federal Register Notice on November 26, 2024, Establishes Date for Compliance Filings for FERC Elimination of Generator Compensation for Standard Reactive Power Service

On October 17, 2024, the Federal Energy Regulatory Commission (“FERC”) issued Order No. 904, finding on a generic basis that allowing transmission providers to charge customers for a generating facility’s provision of reactive…more

Electricity, Emergency Generators, Energy Sector, Federal Power Act, Federal Register

See all updates »

Fernando Rodriguez Marin

Infrastructure Investment and Jobs Act: Selected Changes Impacting Public-Private Partnerships

On November 15, President Biden signed into law the $1 trillion Infrastructure Investment and Jobs Act (the “IIJA” or the “Act”) which cleared the House of Representatives in early November after months of delay. The new law…more

Biden Administration, Carbon Capture and Sequestration, Grants, Infrastructure, Infrastructure Investment and Jobs Act (IIJA)

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Peter Rogers

Treasury and IRS Issue Final and Proposed Regulations Expanding Applicable Entities’ Ability to Elect Direct Pay in Connection With Credit Property Owned Indirectly Through an Unincorporated Organization

On November 19, 2024, the Treasury Department and the Internal Revenue Service issued final regulations under Internal Revenue Code (Code) Section 761 (the Final Regulations) enabling certain entities to make a direct pay…more

Final Rules, Internal Revenue Code (IRC), IRS, Proposed Regulation, Tax Exemptions

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Suraj Saggar

All’s Well That Ends Well? NSTA Launch Investigation Into Oil Well Decommissioning Delays

On 15 July 2024, 10 days into the UK Labour Government, the North Sea Transition Authority (“NSTA”, formerly known as the Oil and Gas Authority) announced that its Directorate of Regulation is opening an investigation into…more

Contract Terms, Decommissioned Facilities, Investigations, Licenses, Oil Wells

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Phillip Sampson Jr.

Improper Jury Argument: Texas Courts’ Recent Focus on Unsubstantiated Anchoring

Texas courts have recently provided guidance on what constitutes improper jury argument, focusing specifically on unsubstantiated anchoring. Trial counsel routinely use strategies to enhance the persuasiveness of their…more

Closing Arguments, Damages, Jury Trial, Texas, Voir Dire

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Scott Sanders

DOL Stance on Cryptocurrency in 401(k) Plans Becomes a Political Football

A recent release by the DOL raising concerns about plan sponsors allowing cryptocurrency investments in 401(k) plans has gotten the attention of both sides of the Congressional aisle as well as industry groups. Some of the…more

401k, 404(c) Plans, Cryptocurrency, Department of Labor (DOL), Digital Wallets

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Nicolai Sarad

Infrastructure Investment and Jobs Act: Selected Changes Impacting Public-Private Partnerships

On November 15, President Biden signed into law the $1 trillion Infrastructure Investment and Jobs Act (the “IIJA” or the “Act”) which cleared the House of Representatives in early November after months of delay. The new law…more

Biden Administration, Carbon Capture and Sequestration, Grants, Infrastructure, Infrastructure Investment and Jobs Act (IIJA)

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Scott Segal

PRG Pulse 2024 Post-Election Analysis: Energy and Environmental Policy

A second Trump administration is expected to prioritize “energy dominance,” focusing on expanding oil and gas, reducing regulations, and increasing drilling, especially with Republican-led committees in Congress likely…more

Alternative Fuels, Aviation Industry, Carbon Capture and Sequestration, Clean Energy, Energy Sector

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David Shargel

An "Immutable" Force Meets an Immovable Object: OFAC's Crypto Loss at the Fifth Circuit

On November 26, 2024, the US Court of Appeals for the Fifth Circuit ruled that “immutable” smart contracts are not “property” for purposes of regulation by the US Department of the Treasury’s Office of Foreign Assets Control…more

Appeals, Biden Administration, Blockchain, Chevron Deference, Cryptocurrency

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Andrew Shaw

PRG 2024 Post-Election Pulse Check: Nuclear

There has been significant bipartisan progress on nuclear energy over the last several years, dating back to the first Trump administration through the Biden administration. In just the last 11 months, Congress has passed four…more

China, Department of Energy (DOE), Exports, Imports, Inflation Reduction Act (IRA)

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Laura Sheldon

US Producers File Antidumping and Countervailing Duty Petition Against Solar Cells and Panels From Southeast Asia

The American Alliance for Solar Manufacturing Trade Committee (Alliance) filed a petition with the US International Trade Commission (ITC) and the US Department of Commerce (Commerce) for the imposition of antidumping and…more

Anti-Dumping Duty, Countervailing Duties, Imports, International Trade Commission (ITC), Investigations

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Boris Shkuta

Federal Register Notice on November 26, 2024, Establishes Date for Compliance Filings for FERC Elimination of Generator Compensation for Standard Reactive Power Service

On October 17, 2024, the Federal Energy Regulatory Commission (“FERC”) issued Order No. 904, finding on a generic basis that allowing transmission providers to charge customers for a generating facility’s provision of reactive…more

Electricity, Emergency Generators, Energy Sector, Federal Power Act, Federal Register

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Caroline Sinegar

Order No. 1977: FERC Siting Permits for Interstate Electric Transmission Facilities - FERC Finalizes Backstop Transmission Siting Reforms

On May 13, 2024, the Federal Energy Regulatory Commission (“FERC” or Commission) issued a final rule amending its regulations governing FERC’s review of applications for transmission siting permits pursuant to section 216 of the…more

Electricity, Energy Sector, Environmental Justice, Federal Power Act, FERC

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Darren Spalding

Navigating the North Sea: NSTA Releases New Guidance to Streamline M&A Transactions

On 8 October 2024, the North Sea Transition Authority (NSTA) released updated guidance for the assignment of offshore petroleum production licences in the UK Continental Shelf (UKCS) (the Guidance). Publication of the Guidance…more

Acquisitions, Infrastructure, Investors, Mergers, Oil & Gas

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Jennifer Speck

Treasury Department and IRS Release Proposed Regulations for Clean Electricity Credits Under Code Sections 45Y and 48E

On May 29, 2024, the Treasury Department and the Internal Revenue Service (IRS) released a notice of proposed rulemaking (Proposed Regulations) with respect to Section 45Y (clean electricity production credit or CEPC) and…more

Clean Energy, Electricity, Geothermal Energy, Internal Revenue Code (IRC), IRS

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Kyle Spencer

PRG 2024 Post-Election Pulse Check: Digital Assets

Joshua C. Zive, senior principal in Bracewell’s Policy Resolution Group, and Kyle J. Spencer, a PRG principal, discuss the potential impact of the 2024 elections on digital asset policy…more

Cryptocurrency, Digital Assets, Enforcement, NDAA, Non-Fungible Tokens (NFTs)

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Sam Spencer

Vineyard Wind 1 Prevails Again in the First Circuit

The US Court of Appeals for the First Circuit has affirmed the dismissal of two additional legal challenges to the Vineyard Wind 1 Project (the Project). On December 5, 2024, a First Circuit panel issued a consolidated opinion…more

Appeals, Dismissals, Endangered Species Act (ESA), Fishing Industry, Marine Mammal Protection Act (MMPA)

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Britt Cass Steckman

Personal Devices and Messaging Platforms in the Workplace: Tips, Tactics and Best Practices for In-House Counsel

Federal regulators have cracked down on the use of texts messages and messaging platforms for business communications, using their broad authority to root out record retention violations, resulting in significant fines and…more

Broker-Dealer, CFTC, Compliance, Email, Enforcement Actions

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Alan Stewart

Is the "S" in ESG Poised for a Breakout Year in 2022 for Sustainability-Linked Loans?

If last year was any indication, 2022 may be another record-setting year for the sustainable syndicated loan market. According to financial data provider Refinitiv, new issuances of sustainability-linked loans (“SLLs”) climbed…more

Diversity and Inclusion Standards (D&I), Environmental Social & Governance (ESG), Sustainability, Sustainability-Linked Loans (SLLs), Verification Requirements

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Douglas Stewart

Artists Beware - Second Circuit Holds That Andy Warhol’s “Prince Series” Is Not a “Fair Use” of Copyrighted Photograph

In a recent decision, Andy Warhol Found. for the Visual Arts, Inc. v. Goldsmith, the Second Circuit upset conventional thinking regarding the concept of “fair use” with wide ranging implications for artists and copyright owners…more

Appeals, Copyright, Copyright Infringement, Copyright Litigation, Copyright Ownership

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Charles Still Jr.

The SEC’s Final Rules on Climate-Related Disclosures: A Guide for In-House Counsel

The US Securities and Exchange Commission’s recently adopted rules governing climate-related disclosures, although significantly pared back from the rules proposed two years ago, represent a major change to the existing…more

Board of Directors, Climate Change, Compliance, Disclosure Requirements, Final Rules

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Rachel Strickland

Navigating the North Sea: NSTA Releases New Guidance to Streamline M&A Transactions

On 8 October 2024, the North Sea Transition Authority (NSTA) released updated guidance for the assignment of offshore petroleum production licences in the UK Continental Shelf (UKCS) (the Guidance). Publication of the Guidance…more

Acquisitions, Infrastructure, Investors, Mergers, Oil & Gas

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Taylor Stuart

Vineyard Wind 1 Prevails Again in the First Circuit

The US Court of Appeals for the First Circuit has affirmed the dismissal of two additional legal challenges to the Vineyard Wind 1 Project (the Project). On December 5, 2024, a First Circuit panel issued a consolidated opinion…more

Appeals, Dismissals, Endangered Species Act (ESA), Fishing Industry, Marine Mammal Protection Act (MMPA)

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David Super

Contractual Performance In The Age Of Coronavirus: Force Majeure, Impossibility And Other Considerations

The Coronavirus (COVID-19) pandemic is causing unprecedented disruptions to business operations on a global scale. As these disruptions continue, and the economic effects mount, more industries will be significantly impacted…more

Act of God, Contract Terms, Coronavirus/COVID-19, Force Majeure Clause, Infectious Diseases

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Tom Swarbrick

Liquidated Damages in the Context of a Termination: Supreme Court Reverts to the Status-Quo

The English Supreme Court has delivered its long-awaited judgment in Triple Point Technology, Inc v PTT Public Company Ltd [2021] UKSC 29. Although the case concerns a commodity trading software system, it has broad…more

Appeals, Due Care, Liquidated Damages, Negligence, UK Supreme Court

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Whit Swift

Compliance with a Few of EPA’s New RMP Program Changes Is Required Starting in May 2024

On March 11, 2024, EPA’s “Safer Communities by Chemical Accident Prevention Rule” (the SCCAP Rule) was published in the Federal Register. See 89 Fed. Reg. 17622 (Mar. 11, 2024). The SCCAP Rule makes a number of significant…more

Audits, Compliance, Environmental Policies, Environmental Protection Agency (EPA), Risk Management

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Drew Taggart

Unanimous Supreme Court: Consumer Confusion Is Trademark Infringement Test, Even for Punny Parodies

It may be punny or even funny, but a unanimous Supreme Court has decided that the “Bad Spaniels” dog-toy brand may infringe and dilute the “Jack Daniel’s” trademark. Last week’s opinion puts an end to the toy maker’s attempt…more

Cease and Desist, Dilution, First Amendment, Intellectual Property Protection, Jack Daniels Properties Inc v VIP Products LLC

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Brian Teaff

Certain CCUS Projects Now Eligible for Financing with Tax-Exempt Bonds

Tax-exempt bonds can now be added to the list of ways in which carbon capture, utilization and storage (“CCUS”) projects can be financed. Specifically, the Infrastructure Investment and Jobs Act (the “Act”) amends section…more

Carbon Capture and Sequestration, Environmental Social & Governance (ESG), Infrastructure Investment and Jobs Act (IIJA), IRS, Tax Exemptions

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J. Anthony Terrell

“Fair Value” and “Fair Value to the Obligor”

The mortgage bond indenture (herein called a “Mortgage”) under which many electric and gas utility companies in the United States issue debt securities (herein generically called “bonds”) may be one of the most unloved…more

§ 314(d), Bonds, Fair Valuation, Interstate Commerce, Mortgages

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Brian Tompkins

USPTO Lights the Way for AI Inventions to Shine

The murky world of artificial intelligence-enabled inventions requires illumination. Did the USPTO’s recent guidance provide this much-needed illumination, or merely leave a trail of breadcrumbs? Some say the guidance is simply…more

Alice/Mayo, Artificial Intelligence, Intellectual Property Protection, Inventions, Medical Devices

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Timothy Urban

PRG Pulse 2024 Post-Election Analysis: Energy Tax Policy

The future of the Inflation Reduction Act (IRA), signed in 2022 to boost US clean energy with new tax incentives, hangs in the balance. President-elect Trump and some Republicans in Congress have threatened to repeal all or part…more

Biofuel, Clean Energy, Energy Sector, Energy Tax Incentives, Hydrogen Power

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Jeffery Vaden

Lifting the Fog on the Foreign Corrupt Practices Act: Enforcement and Compliance Trends to Watch in San Francisco

As lawyers, corporate executives and federal law enforcement officials prepare to gather this week in San Francisco for the ABA’s 39th National Institute on White Collar Crime, we offer our takeaways from January’s Houston forum…more

Anti-Corruption, Cannabis Products, Compliance, Corruption, Department of Justice (DOJ)

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Danielle Varnell

Commerce Unveils Preliminary Findings of Solar Tariff Probe

On December 2, 2022, the U.S. Department of Commerce unveiled the highly anticipated, preliminary findings of its solar tariff anti-circumvention investigation. The Commerce Department found that four leading Chinese solar cell…more

Anti-Dumping Duty, China, Countervailing Duties, Investigations, Plastic Solar Cells

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Manuel Vera

Stay-At-Home Orders – 10 Step Evaluation Process For Manufacturers

In the week following our initial client alert regarding the effect of government stay-at-home orders on your manufacturing operations, approximately 27 states (and many other local authorities) have implemented a version of a…more

Coronavirus/COVID-19, Manufacturers, Operators of Essential Services

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Tony Visage

Fifth Circuit's Constitutional Carve-Back of the SEC's ALJ Enforcement Proceedings Likely to Lead to More Federal Court Cases

On May 18, 2022, the United States Court of Appeals for the Fifth Circuit (the “Fifth Circuit”) dealt a major blow to the U.S. Securities and Exchange Commission’s (“SEC”) enforcement program. In Jarkesy v. SEC, the Fifth…more

Administrative Law Judge (ALJ), Appeals, Civil Monetary Penalty, Consumer Protection Act, Dodd-Frank

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Kevin Voelkel

Trump Administration Publishes Final Revisions to NEPA Regulations

On July 16, 2020, the White House Council on Environmental Quality (“CEQ”) published its much anticipated final rule revising the regulations implementing the National Environmental Policy Act (“NEPA”). Since taking office, the…more

CEQ, Compliance, Environmental Impact Statements, Final Rules, NEPA

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Robert Wagman Jr.

“No Harm, No Foul”: Who Will Referee Future White-Collar Prosecutions?

On December 9, the US Supreme Court heard oral argument in Kousisis v. United States, a case that has significant potential ramifications for white-collar prosecutions on the federal level…more

Diversity, False Pretenses, Oral Argument, SCOTUS, Sentencing

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Stephen Wald

Offshore Wind Litigation: Court Dismisses Challenge to BOEM’s Process to Identify the New York Bight Lease Areas

The federal government’s offshore wind program notched another important victory on March 9, 2023, when the United States District Court for the District of Columbia dismissed a lawsuit seeking to overturn the New York Bight…more

BOEM, Endangered Species Act (ESA), Leases, Litigation Strategies, NEPA

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Barron Wallace

Texas Governor Allows Temporary Suspension of Certain Open Meeting Statutes

On March 16, 2020, Texas Governor Greg Abbott granted the Office of the Attorney General’s request for a temporary suspension of certain open meeting statutes. This temporary suspension allows for telephonic or videoconference…more

Coronavirus/COVID-19, Telecommuting, Texas, Videoconference

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Adam Waszkiewicz

Biden Administration Announces Voluntary Carbon Market Principles

The recent Joint Policy Statement and Principles (Principles) released by the Biden Administration, and related remarks by Secretary of the Treasury Janet L. Yellen, mark a significant milestone in the development of the…more

Biden Administration, Executive Orders, Sustainability, USDA

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Richard Whiteley

The COVID-19 Change Order

During the pandemic it has become common for contractors to submit change orders to owners seeking reimbursement for COVID-19 related expenses and costs. This is especially true for large construction projects. These “COVID-19…more

Centers for Disease Control and Prevention (CDC), Change Orders, Construction Project, Contractors, Coronavirus/COVID-19

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Carlton Wilde III

Federal Circuit Boots Potential Circuit Split as Trademark Case Turns Ugg-ly for Australian Boot-Maker

It’s hard to deny the comfort of the plush, fur-lined boots and slippers sold under the UGG® brand. But not many are aware that the word “ugg” originated in Australia as a generic term for sheepskin boots. The term, which is…more

Foreign Markets, Generic, Lanham Act, SCOTUS, Trademarks

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Timothy Wilkins

Update on Securities and Exchange Commission’s Landmark Proposed Climate- Change Disclosure Rulemaking

Things to Consider - Rulemaking - Coordinate closely with trades to ensure their comments reflect concrete information about impracticability and cost; these make a difference in the admin record upon judicial review..…more

Carbon Emissions, Climate Change, Disclosure Requirements, Environmental Social & Governance (ESG), Governance Standards

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Christopher Williams

Overhaul of the UAE’s Competition Law: Key Changes and Next Steps

On 29 December, 2023, Federal Decree-Law No. 36 of 2023 on the Regulation of Competition (the New Law) was issued, replacing Federal Decree-Law No. 4 of 2012 (the Old Law) and introducing a new merger control regime, including a…more

Acquisitions, Competition, Exemptions, Fines, Merger Controls

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William Wood III

Better Late Than Never: Delaware Bankruptcy Court Determines That 546(e) Avoidance Safe Harbors Are Available to Defendants That Only Qualify as Financial Participants Several Years After the Subject Transaction in In re Samson Resources Corp.

Following an August 4, 2022 memorandum opinion from Judge Brendan L. Shannon of the United States Bankruptcy Court for the District of Delaware, a party to a safe harbored contract can qualify as a “financial participant” under…more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Delaware, Safe Harbors

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Joshua Zive

PRG 2024 Post-Election Pulse Check: Digital Assets

Joshua C. Zive, senior principal in Bracewell’s Policy Resolution Group, and Kyle J. Spencer, a PRG principal, discuss the potential impact of the 2024 elections on digital asset policy…more

Cryptocurrency, Digital Assets, Enforcement, NDAA, Non-Fungible Tokens (NFTs)

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