Author Info for Vinson & Elkins LLP

Afzaal Abidi

Beyond Lithium: an AI Test Case

Chris Taufatofua, Partner, Vinson & Elkins, explains how technology innovation to identify alternatives to critical minerals can accelerate the wider energy transition. The accelerating rate of climate change and the consequent… more

Artificial Intelligence, Battery, China, Climate Change, Electric Vehicles

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Steven Abramowitz

SCOTUS in Purdue: Non-Debtor Third-Party Releases Are Not Permitted in Chapter 11 Plans Without Consent

On June 27, 2024, the United States Supreme Court (the “Supreme Court” or “Court”) rendered a 5-4 opinion in Harrington v. Purdue Pharma, L.P. that “the [B]ankruptcy [C]ode does not authorize a release and injunction that, as… more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Fraudulent Marketing, Non-Debtors

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Patricia Adams

Executive Compensation Under the New Administration

President-elect Donald Trump’s impending return to power on January 20, 2025, has created uncertainty and challenges for proxy advisory firms, such as ISS and Glass Lewis, which provide voting recommendations to investors on… more

Compensation & Benefits, Corporate Governance, Dodd-Frank, Environmental Social & Governance (ESG), Executive Compensation

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Joyce Adetutu

Texas Lassos Foreign Investment Regulation with Real Property Restrictions and Proposed “Texas Committee on Foreign Investment” - Updated 6.25.25

The Texas Legislature was active this Session in proposing and passing bills that seek to restrict foreign ownership of real estate and businesses in Texas. Before this session, Texas did not have state-level restrictions on… more

CFIUS, China, Constitutional Challenges, Enforcement, Foreign Investment

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Thomas Aird

EPA Proposes to Repeal Biden-era Regulations Governing Air Toxic Emissions from Coal- and Oil-Fired Power Plants

On June 17, 2025, the U.S. Environmental Protection Agency (“EPA”) published a proposed rule to repeal the amendments to the Mercury and Air Toxics Standards (“MATS”) adopted by the Biden administration in 2024. These amendments… more

Air Pollution, Biden Administration, Carbon Emissions, Clean Air Act, Deregulation

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Alan Alexander

Texas Supreme Court Clarifies Ownership of Salt Caverns

On May 16, 2025, the Texas Supreme Court issued a decision ruling that, absent specific contractual language, surface owners retain ownership of the caverns created by salt mining operations. The issue of ownership of salt… more

Appeals, Contract Disputes, Energy Storage, Mineral Rights, Natural Gas

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Nadine Amr

UK Supreme Court Hands Down a Groundbreaking Decision Requiring The Assessment of “Scope 3” GHG Emissions for a Proposed Oil Development: R (Finch) v Surrey County Council And Others

In a landmark judgment handed down on 20 June 2024, R (Finch) v Surrey County Council and others [2024] UKSC 20, the Supreme Court of the United Kingdom has ruled that “Scope 3” greenhouse gas (GHG) emissions resulting from the… more

Energy Projects, Environmental Impact Report (EIR), Greenhouse Gas Emissions, Greenpeace, Hydrocarbons

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Paige Anderson

Update: OBBBA Tax Provisions Impacting REITs and Foreign Investors

On July 1, 2025, a little over two weeks after the Senate Finance Committee released its draft tax title (the “Initial Senate Draft”), the U.S. Senate secured sufficient votes to advance its version of the “One Big Beautiful… more

Business Income, Corporate Taxes, Foreign Investment, Internal Revenue Code (IRC), Investors

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Marisa Antonelli

Two High Court Securities Cases Could Clarify Pleading Rules

In granting certiorari in Facebook Inc. v. Amalgamated Bank and Nvidia Corp. v. E. Ohman J:or Fonder AB, the U.S. Supreme Court signaled its intention to provide further guidance concerning application of the heightened standard… more

Certiorari, Deceptive Intent, Disclosure, Facebook, Form 10-K

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Stephanie Archer

Construction Projects In The (Not Quite Yet) Post-Pandemic World

The beginning of 2021 should have marked the dawn of a new era. As the clocks turned past midnight, there was a collective sigh of relief from the world. 2020 was over and life would begin to return to normal. Sadly, the… more

Construction Industry, Construction Project, Coronavirus/COVID-19, OSHA, Personal Protective Equipment

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Michelle Arishita

What Litigators Should Know About Texas Corporate Governance Reforms Under SB 29

On May 14, 2025, Texas Governor Greg Abbott signed into law Senate Bill 29 (“SB 29”), which significantly reforms the Texas Business Organizations Code (“TBOC”). With these reforms, Texas aims to create a legal environment that… more

Business Judgment Rule, Business Litigation, Corporate Governance, Delaware General Corporation Law, Fiduciary Duty

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Hana Arriaga

FinCEN Issues Interim Final Rule – BOI Reporting Obligations Narrowed to Foreign Reporting Companies and New Deadlines Issued

As we previously discussed and in alignment with the U.S. Treasury Department’s previous announcement, on March 21, 2025, the Financial Crimes Enforcement Network (“FinCEN”) issued an interim final rule that dramatically narrows… more

Beneficial Owner, Corporate Transparency Act, Filing Deadlines, Filing Requirements, FinCEN

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Victoria Bahrami

United States Becomes Chair Of The Biofuture Platform Initiative

In June 2021, the United States (“U.S.”) became the chair of the Biofuture Platform Initiative, an initiative of the Clean Energy Ministerial (the “Biofuture Platform”) for a two-year term, taking over the chair position from… more

Biden Administration, Biofuel, Clean Energy, Climate Change, Department of Energy (DOE)

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Rebecca Baker

Supreme Court Sides with Heterosexual Woman: Majority Plaintiffs and Minority Group Plaintiffs Alike Need the Same Evidence of Discrimination

On June 5, 2025—in the midst of heightened scrutiny of diversity, equity, and inclusion (“DEI”) initiatives triggered by executive orders issued by President Trump as well as various federal agency guidance—the Supreme Court… more

Ames v Ohio Department of Youth Services, Employment Discrimination, Employment Litigation, Equal Employment Opportunity Commission (EEOC), Executive Orders

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Dylan Ballard

California Looks to Crack Down on Algorithmic Pricing and Clarify Antitrust Pleading Standards

The California State Assembly recently unveiled legislation (“AB 325”) designed to strengthen California antitrust enforcement in two ways. First, the proposed statute would impose heavy restrictions on — and under some… more

Algorithms, Antitrust Litigation, Antitrust Provisions, California, Cartwright Act

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Jacob Baltzegar

Summer 2025 V&E Quarterly Governance and Sustainability Updates

We have seen, a mere few months into President Trump’s second term, a remarkably transformational set of priorities across the federal government, which have had dramatic impacts on the private sector generally and public… more

Affirmative Action, Board of Directors, Corporate Governance, Diversity, Executive Orders

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Emily Bamesberger

Offside! Federal Judge Overturns FIFA Convictions in Latest Attack on the Federal Honest Services Fraud Statute

Earlier this month, a federal judge vacated two convictions related to the Department of Justice’s (“DOJ”) investigation into corruption in international soccer, widely known as the “FIFA Case.” Despite the jury’s findings that… more

Anti-Corruption, Bribery, Department of Justice (DOJ), Enron, Fédération Internationale de Football Association (FIFA)

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Shelley Barber

[Webinar] Navigating the 2023 Annual Meeting and Reporting Season - November 17th, 9:00 am - 12:00 pm CT

In this program, we will focus on SEC developments affecting, and practical aspects of preparing for, public companies’ annual meetings and annual reports, including compensation, shareholder proposals and corporate governance… more

Annual Meeting, Annual Reports, Climate Change, Compensation, Continuing Legal Education

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William Waid Barfield

Credit Risk Retention in Oil & Gas ‘Securitizations’ of Proven, Developed and Producing (PDP) Wells

The purpose of this White Paper is to provide general guidance to transaction participants and practitioners in their consideration of the application of 17 C.F.R. Part 246, adopted jointly by the Securities and Exchange… more

Capital Requirements Regulation (CRR), Consumer Protection Act, Dodd-Frank, Downstream Agreements, Hydrocarbons

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James Barratt

The Arbitration Act 2025: Modernising and Streamlining English-Seated Arbitration

The Arbitration Act 2025 (the “2025 Act”) is a welcome update to English arbitration law and one which seeks to further London’s place as a leading seat for international arbitration. The 2025 Act received Royal Assent on 24… more

Arbitration, Arbitration Agreements, Arbitrators, Contract Terms, Dispute Resolution

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Benjamin Barron

Delaware Amendments Provide Clarity on Conflicted Transactions and Books and Records Requests

Delaware amended the Delaware General Corporation Law (the “DGCL”) to create safe harbors for transactions involving directors, officers and controlling stockholders and to limit both the documents subject to and the purposes of… more

Board of Directors, Books & Records, Conflicts of Interest, Controlling Stockholders, Corporate Governance

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Andrew Beach

Supreme Court Curbs the Scope of NEPA Reviews in Landmark Decision: Seven County Infrastructure Coalition v. Eagle County, Colorado

In the first major National Environmental Policy Act (“NEPA”) case to reach the Supreme Court in almost two decades, the U.S. Supreme Court issued its decision on May 29, 2025, in Seven County Infrastructure Coalition v. Eagle… more

Administrative Procedure Act, Chevron Deference, Environmental Impact Statements, Environmental Litigation, Environmental Policies

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Sean Becker

Wage-Fixing: An Alternative to DOJ’s No-Poach Prosecutions?

On April 14, 2025, the Department of Justice (“DOJ”) obtained a high-profile “wage-fixing” conviction under the Sherman Act against a former executive of multiple home health care agencies (“HHAs”). A federal jury convicted… more

Antitrust Violations, Competition, Criminal Prosecution, Department of Justice (DOJ), Enforcement Actions

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Heather Behrend

The Very Timely PWA Requirements Finalized

On June 18, 2024, the Department of the Treasury (the “Treasury”) and the Internal Revenue Service (the “Service”) issued final regulations (T.D. 9998) (the “Final Regulations”) regarding compliance with the prevailing wage and… more

Apprenticeships, Construction Industry, Contractors, Davis-Bacon Act, Department of Labor (DOL)

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David Berkery

Global Tariffs: Implications for the Aviation Industry

The tariff policy implemented by the Trump administration in April 2025 marks a significant shift for the aviation sector by ending long-standing duty-free status in aircraft trading. As a result, U.S. manufacturers and airlines… more

Airbus, Aviation Industry, Boeing, China, EU

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Michael Bielby Jr.

Q1 2024 Sustainable Debt Finance: Trends and Opportunities in an Area of Accelerated Growth

While 2022 showed that the sustainable debt market is not impervious to overall economic slow-down (particularly in the capital markets), 2023 demonstrated its resiliency, even in a high-interest rate market. Notwithstanding… more

Climate Change, Corporate Governance, Debt Financing, Documentation, Environmental Social & Governance (ESG)

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Jo Ann Biggs

NERC Files Revisions to Rules of Procedure Subjecting Certain Unregistered Inverter Based Resources to Mandatory Reliability Standards

On March 19, 2024, the North American Electric Reliability Corporation (“NERC”) asked the Federal Energy Regulatory Commission (“FERC”) to approve revisions to NERC’s Rules of Procedure (“ROP”) that would require certain small… more

Electric Generation Suppliers, Electricity, Energy Sector, FERC, NERC

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Aubrey Bishai

People, Processes, Technology: Fostering a Culture of Innovation

Innovation is a top priority across the business world. Yet businesses seldom approach it in exactly the same way. How does Vinson & Elkins see it? To understand how we think about innovation, it helps to think first about how… more

Artificial Intelligence, Client Services, Confidential Information, Innovation, Innovative Technology

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Alex Bluebond

The Very Timely PWA Requirements Finalized

On June 18, 2024, the Department of the Treasury (the “Treasury”) and the Internal Revenue Service (the “Service”) issued final regulations (T.D. 9998) (the “Final Regulations”) regarding compliance with the prevailing wage and… more

Apprenticeships, Construction Industry, Contractors, Davis-Bacon Act, Department of Labor (DOL)

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Conrad Bolston

Redrawing the Map – Energy Provisions in Proposed Budget Bill Seek to Shift the Future of Federal Infrastructure Policy

On May 22, 2025, the House passed budget reconciliation legislation referred to as “The One, Big, Beautiful Bill” (the “Bill”). As currently written, the Bill would reshape key aspects of federal energy policy by targeting both… more

Budget Reconciliation, Department of Energy (DOE), Energy Policy, Energy Projects, FERC

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Alexis Boyd

Texas Progresses Toward CCS Primacy

This week, the U.S. Environmental Protection Agency (EPA) took the penultimate step to granting Texas the authority to directly issue Class VI permits under the Safe Drinking Water Act’s Underground Injection Control (UIC)… more

Carbon Capture and Sequestration, Energy Projects, Environmental Protection Agency (EPA), Government Agencies, Oil & Gas

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Mark Brasher

[Webinar] The Challenges of Innovating to Accommodate the Energy Demands of Data Center Projects Without Compromising Net Zero - June 24th, 9:30 am - 10:30 am CT

This webinar will cover the uptick in project investments in both the data center and carbon emission sectors, the competing demands and desire for vast and continuous power and the inevitable disputes that arise from these… more

Carbon Emissions, Continuing Legal Education, Data Centers, Energy Projects, Energy Sector

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Sara Brauerman

Delaware Court of Chancery Dismisses Claims Relating to Sale of Company Against Private Equity Majority Owner

In the latest instance of a private equity seller vindicating contractual rights in the Delaware Court of Chancery, on April 30, Vice Chancellor Lori W. Will rejected attempts by minority LLC members in urgent care provider… more

Breach of Contract, Class Action, Contract Terms, Delaware, Fiduciary Duty

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Bekah Briggs

Considerations for REITs, their Subsidiaries, and Other Real Estate Companies under the Corporate Transparency Act

The Corporate Transparency Act (the “CTA”), a new federal law, went into effect on January 1, 2024. The CTA requires that certain entities file Beneficial Ownership Information Reports (“BOI Reports”) with the Financial Crimes… more

Beneficial Owner, Corporate Transparency Act, Financial Crimes, FinCEN, Real Estate Investments

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Paige H. Brinkley

Fifth Circuit Affirms SEC’s Authority Over Shareholder Proposals

On November 14, 2024, a panel of the U.S. Court of Appeals for the Fifth Circuit affirmed the SEC’s ability to intervene in shareholder proposals under Rule 14a-8 of the Securities Exchange Act of 1934 (“Rule 14a-8 Proposals”)… more

Administrative Procedure Act, En Banc Review, Nasdaq, No-Action Letters, Securities and Exchange Commission (SEC)

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Maddie Brown

One Big Beautiful Bill Act: Key Tax Impacts for Businesses

On July 4, 2025, President Donald J. Trump signed the One Big Beautiful Bill Act (the “OBBBA”) into law. Congress passed the OBBBA through budget reconciliation, a special legislative process that allows Congress to advance… more

Alternative Minimum Tax, Base Erosion and Anti-Abuse Tax (BEAT), Budget Reconciliation, Business Taxes, Corporate Taxes

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Olivia Cahill

Actions for Corporations to Obtain the Benefits of Amendments to the Texas Business Organizations Code

On May 14, 2025, Texas Governor Abbott signed Senate Bill 29 (“S.B. 29”) into law, significantly reforming the Texas Business Organizations Code (“TBOC”) to promote Texas as a preferred state of incorporation for both public and… more

Board of Directors, Business Entities, Business Judgment Rule, Corporate Governance, Derivative Suit

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Nathan Campbell

Supreme Court Curbs the Scope of NEPA Reviews in Landmark Decision: Seven County Infrastructure Coalition v. Eagle County, Colorado

In the first major National Environmental Policy Act (“NEPA”) case to reach the Supreme Court in almost two decades, the U.S. Supreme Court issued its decision on May 29, 2025, in Seven County Infrastructure Coalition v. Eagle… more

Administrative Procedure Act, Chevron Deference, Environmental Impact Statements, Environmental Litigation, Environmental Policies

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Alexander O. Canizares

Justice Department’s “Civil Rights Fraud Initiative” Increases False Claims Act Risks Related to Alleged Discrimination

On May 19, 2025, Deputy Attorney General Todd Blanche issued a memorandum announcing the creation of the Department of Justice’s (DOJ) Civil Rights Fraud Initiative (the Initiative), which directs DOJ attorneys to utilize the… more

Civil Rights Act, Colleges, Compliance, Department of Justice (DOJ), Discrimination

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Camilo Cardozo

Energy Disputes: Navigating Key Trends and Challenges

Disputes dominated the energy landscape in 2024, with the energy industry facing complex and sometimes contradictory challenges. As the world continues to grapple with the energy transition, energy security, global policy… more

Arbitration, Clean Energy, Climate Change, Dispute Resolution, Energy Policy

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Graham Carney

Series of Delaware Court of Chancery Decisions Highlights Importance of Earnout Drafting

In recent months, the Delaware Court of Chancery has decided four significant cases regarding merger agreement earnout provisions. Most notably, in one of the largest judgments ever awarded by the Court, it found Johnson &… more

Breach of Contract, Buyers, Commercially Reasonable Efforts, Damages, Delaware General Corporation Law

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Ryan Carney

One Big Beautiful Bill Act: Key Tax Impacts for Businesses

On July 4, 2025, President Donald J. Trump signed the One Big Beautiful Bill Act (the “OBBBA”) into law. Congress passed the OBBBA through budget reconciliation, a special legislative process that allows Congress to advance… more

Alternative Minimum Tax, Base Erosion and Anti-Abuse Tax (BEAT), Budget Reconciliation, Business Taxes, Corporate Taxes

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Madelyn Carter

SEC Charges Investment Advisor with ESG Disclosure Violations in Latest Action by ESG Task Force

On May 23, 2022, the Securities and Exchange Commission (“SEC”) charged BNY Mellon Investment Adviser, Inc. (“BNYMIA”) for material misstatements and omissions regarding its consideration of Environmental, Social, and Governance… more

Corporate Counsel, Disclosure Requirements, Environmental Social & Governance (ESG), Investment Adviser, Investment Company Act of 1940

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Nicole L. Castle

Navigating Antitrust Compliance: A Q&A with Vinson & Elkins’ Antitrust and Enforcement Leaders

At a recent Practising Law Institute (PLI) webinar on antitrust, over 250 legal professionals joined to hear from three antitrust leaders: Nicole Castle, Zach Terwilliger, and Craig Seebald. In this Q&A, they explore what’s… more

Antitrust Investigations, Antitrust Litigation, Antitrust Violations, Compliance, Dawn Raids

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Annabelle Castleman

Wage-Fixing: An Alternative to DOJ’s No-Poach Prosecutions?

On April 14, 2025, the Department of Justice (“DOJ”) obtained a high-profile “wage-fixing” conviction under the Sherman Act against a former executive of multiple home health care agencies (“HHAs”). A federal jury convicted… more

Antitrust Violations, Competition, Criminal Prosecution, Department of Justice (DOJ), Enforcement Actions

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Christian Cattan

5th Circuit: Section 363(m) Mootness is Alive and Well

On February 20, 2024, the United States Court of Appeals for the Fifth Circuit issued an Opinion, which held that challenges to “integral” aspects of a bankruptcy sale are statutorily moot under Bankruptcy Code § 363(m). In… more

363 Sales, Bankruptcy Code, Bankruptcy Court, Chapter 11, Commercial Bankruptcy

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Corbin Cessna

Federal Circuit Defines Scope of IPR Estoppel

In Ingenico Inc. v. IOENGINE, LLC, the Federal Circuit defined for the first time the scope of inter partes review (“IPR”) estoppel in district court and International Trade Commission (ITC) proceedings: IPR estoppel applies… more

Appeals, Intellectual Property Litigation, Inter Partes Review (IPR) Proceeding, International Trade Commission (ITC), Obviousness

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Alexa Chally

From Cloud to Compliance: Legal Essentials for Building and Operating AI-Ready Data Centers

Driven by the demand for AI-ready cloud infrastructure, the market cap for global data center construction, currently valued at more than $250 billion, is set to double in less than ten years, reaching half a trillion dollars by… more

Contract Terms, Data Centers, Data Security, Energy Consumption, Energy Costs

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Michael Charlson

Two High Court Securities Cases Could Clarify Pleading Rules

In granting certiorari in Facebook Inc. v. Amalgamated Bank and Nvidia Corp. v. E. Ohman J:or Fonder AB, the U.S. Supreme Court signaled its intention to provide further guidance concerning application of the heightened standard… more

Certiorari, Deceptive Intent, Disclosure, Facebook, Form 10-K

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Chris Chiavaroli

FinCEN Issues Interim Final Rule – BOI Reporting Obligations Narrowed to Foreign Reporting Companies and New Deadlines Issued

As we previously discussed and in alignment with the U.S. Treasury Department’s previous announcement, on March 21, 2025, the Financial Crimes Enforcement Network (“FinCEN”) issued an interim final rule that dramatically narrows… more

Beneficial Owner, Corporate Transparency Act, Filing Deadlines, Filing Requirements, FinCEN

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Kilian de Cintré

LNG in Latin America: A Tale of Two Markets

Explore the challenges and opportunities in the LNG sector across Latin America and the Caribbean. Despite substantial gas reserves, the region is a net importer, with issues such as declining production, challenging terrains,… more

Caribbean, Exports, Hydrogen Power, Infrastructure, Investment

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Suzanne Clevenger

Texas Supreme Court Clarifies Ownership of Salt Caverns

On May 16, 2025, the Texas Supreme Court issued a decision ruling that, absent specific contractual language, surface owners retain ownership of the caverns created by salt mining operations. The issue of ownership of salt… more

Appeals, Contract Disputes, Energy Storage, Mineral Rights, Natural Gas

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Stephanie Coco

Texas Supreme Court Clarifies Ownership of Salt Caverns

On May 16, 2025, the Texas Supreme Court issued a decision ruling that, absent specific contractual language, surface owners retain ownership of the caverns created by salt mining operations. The issue of ownership of salt… more

Appeals, Contract Disputes, Energy Storage, Mineral Rights, Natural Gas

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Stephen M. Cohen

The Not-So-Surprising Return of FTC’s Robinson-Patman Act Enforcement

On December 12, 2024, the Federal Trade Commission (“FTC”) filed a lawsuit against Southern Glazer’s Wine and Spirits, the largest distributor of wine and spirits in the U.S., alleging that Southern Glazer’s has violated the… more

Competition, Discounts, Federal Trade Commission (FTC), FTC Act, Grocery Stores

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Rupert Coldwell

The AUKUS Partnership: What it Means for the Engineering, Construction and Manufacturing Industries in Australia, the UK and the US

The AUKUS pact has geopolitical significance, including with respect to the strategic advantages it may offer Australia’s navy in the Indo-Pacific region, particularly in the South China Sea and Taiwan Strait. Questions have… more

Australia, Construction Industry, Engineering, Manufacturers, UK

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Miguel Colebrook

Oops! . . I Grid It Again: [In]Coherency in UK Energy Transition and Security

In this article, published in Pratt’s Energy Law Report, Miguel Colebrook and Iona Giby* argue for a new framework to understand energy security. This framework prioritizes investment in domestic infrastructure and secure… more

Energy Sector, International Energy Agency (IEA), Investment, Net Zero, Power Grid

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Lauren Collins

One Big Beautiful Bill Signed into Law – Impact on IRA Tax Credits

On July 4, 2025, President Trump signed the “One Big Beautiful Bill Act” (H.R. 1 119th Congress) (“OBBB”) into law. OBBB made changes to various tax provisions – including tax rates, modification of treatment of state and local… more

Clean Energy, Energy Policy, Energy Tax Incentives, Inflation Reduction Act (IRA), New Legislation

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Claire E. Connor

Sweeping New Framework Expands BIS Export Controls on Advanced Computing ICs and AI Technologies

On January 13, 2025, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) issued its Framework for Artificial Intelligence Diffusion, an Interim Final Rule revising the Export Administration Regulations… more

Artificial Intelligence, Bureau of Industry and Security (BIS), Compliance, Export Administration Regulations (EAR), Export Controls

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Hayley Cook

Bounty Hunters: SEC Pays Record Amount to Whistleblower

On May 5, 2023, the Securities and Exchange Commission (“SEC”) issued an order (the “Order”)1 providing that it would pay a $279 million award to a whistleblower who assisted with the enforcement of an action by the SEC and two… more

Compliance, Internal Controls, Securities and Exchange Commission (SEC), Whistleblower Awards, Whistleblowers

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Jenn Cooley

Texas Lassos Foreign Investment Regulation with Real Property Restrictions and Proposed “Texas Committee on Foreign Investment” - Updated 6.25.25

The Texas Legislature was active this Session in proposing and passing bills that seek to restrict foreign ownership of real estate and businesses in Texas. Before this session, Texas did not have state-level restrictions on… more

CFIUS, China, Constitutional Challenges, Enforcement, Foreign Investment

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S. Gregory Cope

Considerations for REITs, their Subsidiaries, and Other Real Estate Companies under the Corporate Transparency Act

The Corporate Transparency Act (the “CTA”), a new federal law, went into effect on January 1, 2024. The CTA requires that certain entities file Beneficial Ownership Information Reports (“BOI Reports”) with the Financial Crimes… more

Beneficial Owner, Corporate Transparency Act, Financial Crimes, FinCEN, Real Estate Investments

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Jennifer Cornejo

International Maritime Organization Approves Carbon Credit Scheme for Shipping

On April 11, 2025, the Marine Environment Protection Committee (“MEPC”) of the International Maritime Organization (“IMO”) announced the approval of a long-awaited framework to reduce greenhouse gas (“GHG”) emissions from the… more

Carbon Emissions, Climate Change, Environmental Policies, Greenhouse Gas Emissions, International Maritime Organization (IMO)

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Kevin Costello

California Looks to Crack Down on Algorithmic Pricing and Clarify Antitrust Pleading Standards

The California State Assembly recently unveiled legislation (“AB 325”) designed to strengthen California antitrust enforcement in two ways. First, the proposed statute would impose heavy restrictions on — and under some… more

Algorithms, Antitrust Litigation, Antitrust Provisions, California, Cartwright Act

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Andrew Thomas Cox

[Webinar] Employment Law Developments Affecting Technology Companies - January 24th, 12:00 pm - 1:00 pm CT

Please join us for our quarterly Technology Series webinar where the Vinson & Elkins team will be discussing employment law developments affecting technology companies… more

Continuing Legal Education, Employer Liability Issues, Employment Policies, Human Resources Professionals, Labor Regulations

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Sam Cross

Europe energy and infrastructure M&A: risks and opportunities in 2025

Although 2024 marked another challenging year for M&A globally, the European energy and infrastructure market showed signs of resilience in the face of persistent economic and geopolitical pressures. If the uncertainties driving… more

Acquisitions, Capital Markets, Capital Raising, Energy Projects, Energy Sector

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Jeffrey Crough

Texas Business Court Quarterly Update – Q1 and Q2 2025

As a part of Vinson & Elkins’ Texas Business Court Quarterly Update, the following update summarizes the Texas Business Court opinions—categorized by primary issue—that have been released since September 1, 2024 through the… more

Amount in Controversy, Breach of Contract, Breach of Duty, Business Court, Commercial Litigation

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Henry Crowell

Executive Compensation Under the New Administration

President-elect Donald Trump’s impending return to power on January 20, 2025, has created uncertainty and challenges for proxy advisory firms, such as ISS and Glass Lewis, which provide voting recommendations to investors on… more

Compensation & Benefits, Corporate Governance, Dodd-Frank, Environmental Social & Governance (ESG), Executive Compensation

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Michael Crowley

DOJ Resumes FCPA Enforcement with a New “America First” Focus on Energy and Other Vital National Interests — Creating Opportunities for U.S. Companies to Seize

On June 9, 2025, Deputy Attorney General Todd Blanche announced that the U.S. Department of Justice (“DOJ” or the “Department”) will resume investigating and prosecuting violations of the U.S. Foreign Corrupt Practices Act (the… more

Bribery, Corruption, Department of Justice (DOJ), Enforcement Actions, Enforcement Priorities

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David D'Alessandro

Executive Compensation Under the New Administration

President-elect Donald Trump’s impending return to power on January 20, 2025, has created uncertainty and challenges for proxy advisory firms, such as ISS and Glass Lewis, which provide voting recommendations to investors on… more

Compensation & Benefits, Corporate Governance, Dodd-Frank, Environmental Social & Governance (ESG), Executive Compensation

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Taylor Daily

Q1 2024 Sustainable Debt Finance: Trends and Opportunities in an Area of Accelerated Growth

While 2022 showed that the sustainable debt market is not impervious to overall economic slow-down (particularly in the capital markets), 2023 demonstrated its resiliency, even in a high-interest rate market. Notwithstanding… more

Climate Change, Corporate Governance, Debt Financing, Documentation, Environmental Social & Governance (ESG)

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Sean Dao

FinCEN Issues Interim Final Rule – BOI Reporting Obligations Narrowed to Foreign Reporting Companies and New Deadlines Issued

As we previously discussed and in alignment with the U.S. Treasury Department’s previous announcement, on March 21, 2025, the Financial Crimes Enforcement Network (“FinCEN”) issued an interim final rule that dramatically narrows… more

Beneficial Owner, Corporate Transparency Act, Filing Deadlines, Filing Requirements, FinCEN

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Lauren Davies

Building Investor Trust in Hydrogen Projects

The finance sector has a significant role to play in the global transition to net zero, with project financing being a customary means of raising funds in the energy and infrastructure sectors. Originally published in Global… more

Energy Projects, Hydrogen Power, Net Zero, Project Finance, Renewable Energy

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James Dawson

President Trump Targets State Laws That Burden Energy Production

On April 8, 2025, President Trump issued an Executive Order titled “Protecting American Energy From State Overreach” (the “Executive Order”), which directs the United States Attorney General to identify and halt the enforcement… more

Climate Change, Constitutional Challenges, Energy Policy, Environmental Policies, Executive Orders

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Robert Denby

FinCEN Issues Interim Final Rule – BOI Reporting Obligations Narrowed to Foreign Reporting Companies and New Deadlines Issued

As we previously discussed and in alignment with the U.S. Treasury Department’s previous announcement, on March 21, 2025, the Financial Crimes Enforcement Network (“FinCEN”) issued an interim final rule that dramatically narrows… more

Beneficial Owner, Corporate Transparency Act, Filing Deadlines, Filing Requirements, FinCEN

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Lina Dimachkieh

One Big Beautiful Bill Act: Key Tax Impacts for Businesses

On July 4, 2025, President Donald J. Trump signed the One Big Beautiful Bill Act (the “OBBBA”) into law. Congress passed the OBBBA through budget reconciliation, a special legislative process that allows Congress to advance… more

Alternative Minimum Tax, Base Erosion and Anti-Abuse Tax (BEAT), Budget Reconciliation, Business Taxes, Corporate Taxes

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Matthew Dobbins

EPA Aims to Boost Biofuels Production in Proposed RFS Set 2 Rule

On June 17, 2025, the U.S. Environmental Protection Agency (“EPA”) published its proposed “Set 2” rule under the Renewable Fuel Standard (“RFS”) program (the “Set 2 Rule”). The Set 2 Rule proposes renewable volume obligations… more

Agribusiness, Biofuel, Charging Stations, Electric Vehicles, Energy Policy

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Roberta Downey

[Webinar] The Challenges of Innovating to Accommodate the Energy Demands of Data Center Projects Without Compromising Net Zero - June 24th, 9:30 am - 10:30 am CT

This webinar will cover the uptick in project investments in both the data center and carbon emission sectors, the competing demands and desire for vast and continuous power and the inevitable disputes that arise from these… more

Carbon Emissions, Continuing Legal Education, Data Centers, Energy Projects, Energy Sector

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Nettie Downs

FinCEN Issues Interim Final Rule – BOI Reporting Obligations Narrowed to Foreign Reporting Companies and New Deadlines Issued

As we previously discussed and in alignment with the U.S. Treasury Department’s previous announcement, on March 21, 2025, the Financial Crimes Enforcement Network (“FinCEN”) issued an interim final rule that dramatically narrows… more

Beneficial Owner, Corporate Transparency Act, Filing Deadlines, Filing Requirements, FinCEN

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Michael Dry

[Webinar] Navigating Congressional Investigations: Understanding New Priorities and How to Respond to Congressional Investigations - July 1st, 12:00 pm - 1:00 pm CT

One of the unique, and often overlooked, investigative bodies in Washington, D.C. is the United States Congress. With Representatives and Senators in constant fundraising and re-election cycles and the constant challenge of… more

Congressional Committees, Congressional Investigations & Hearings, Continuing Legal Education, Enforcement, Legislative Agendas

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Leslie Edelstein

Trump Executive Orders: Key Developments for Government Contractors

Change and uncertainty are among the words that come to mind when describing the government contracting industry in the early days of President Donald Trump’s second administration. Since taking office for the second time on… more

Contract Terms, Department of Defense (DOD), Executive Orders, Federal Acquisition Regulations (FAR), Federal Contractors

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Jacqueline Edmonds

Brine Time: Texas’ Latest in Lithium Law

Lithium continues to be a rising star of the natural resources world, and Texas is working to stay on top of the legal issues related to the extraction of lithium from produced water and brine. In this update, we discuss three… more

Appeals, Judicial Authority, Minerals, New Legislation, New Rules

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Ami Egerstrom

Failure to Act: SEC Brings Individual Charges Against CFO and Audit Committee Chair in Corporate AI Fraud Case

On September 16, 2024, the United States Securities and Exchange Commission (“SEC” or the “Commission”) brought charges against Kubient, Inc.’s (“Kubient”) former chairman and chief executive officer (“CEO”) for allegedly… more

Artificial Intelligence, Audit Committee, CFOs, Corporate Counsel, Enforcement Actions

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Maggie Eller

Brine Time: Texas’ Latest in Lithium Law

Lithium continues to be a rising star of the natural resources world, and Texas is working to stay on top of the legal issues related to the extraction of lithium from produced water and brine. In this update, we discuss three… more

Appeals, Judicial Authority, Minerals, New Legislation, New Rules

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Carrigan English

Unleashing American Energy: Energy-Focused Executive Orders

On April 8 and 9, 2025, President Donald Trump issued five Presidential Actions (four Executive Orders and one Proclamation, collectively “Presidential Actions”) for the purposes of ensuring adequate and reliable energy… more

Climate Change, Coal Industry, Constitutional Challenges, Energy Policy, Energy Sector

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Joanna Enns

Non-GAAP Nonsense: SEC Charges DXC Technology with Misleading Non-GAAP Reporting and Deficient Disclosure Controls

On March 14, 2023, the Securities and Exchange Commission (“SEC”) issued a cease-and-desist order (the “Order”)1 and charged DXC Technology Company (“DXC”), an IT company based in Virginia, with violations of Rule 100(b) of… more

Cease and Desist Orders, Civil Monetary Penalty, EBITDA, GAAP, Investors

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Andreina Escobar

World Bank Group’s Watchful Eye: A Reminder of How Minor Ethical Breaches Can Result in Major Problems

While much attention is given to compliance with applicable laws, such as the U.S. Foreign Corrupt Practices Act of 1977, many companies working on projects sponsored by Multi-Lateral Development Banks (“MDBs” or “MDB”) overlook… more

Anti-Corruption, Anti-Fraud Provisions, Bank Service Providers, Bribery, Compliance

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Devon Espinoza-Fontenot

Texas Hold ‘Em: New Law Requires Proxy Advisors to Show Their Cards if “Nonpecuniary” Factors Guide Voting Recommendations

On June 20, 2025, Texas Governor Greg Abbott signed Senate Bill 2337 (“SB 2337”), a novel regulation that will require significant disclosure obligations for proxy advisors, such as ISS and Glass Lewis, for their voting… more

Corporate Governance, Disclosure Requirements, Diversity and Inclusion Standards (D&I), Environmental Social & Governance (ESG), Glass Lewis

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Matthew Etchemendy

Supreme Court Curbs the Scope of NEPA Reviews in Landmark Decision: Seven County Infrastructure Coalition v. Eagle County, Colorado

In the first major National Environmental Policy Act (“NEPA”) case to reach the Supreme Court in almost two decades, the U.S. Supreme Court issued its decision on May 29, 2025, in Seven County Infrastructure Coalition v. Eagle… more

Administrative Procedure Act, Chevron Deference, Environmental Impact Statements, Environmental Litigation, Environmental Policies

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Matthew Falcone

[Webinar] Traditional Energy in the Energy Transition - May 5th, 12:00 pm - 1:00 pm CT

It is becoming increasingly clear that “traditional” energy companies will play a critical role in the evolving energy transition. In this presentation, we will survey efforts by E&P and midstream companies in reducing the… more

Biofuel, Carbon Capture and Sequestration, Carbon Emissions, Continuing Legal Education, Energy Projects

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Nataly Farag

Reducing Costs of Privilege Review and Privilege Logging

The difficulty of handling privilege disputes can be especially pronounced in cases involving a prolonged discovery period and large corporate defendants with different document custodians. When a party chooses to withhold… more

Attorney-Client Privilege, Discovery, Document Productions, Federal Rules of Civil Procedure, Federal Rules of Evidence

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Jason Fleischer

EPA Proposes to Repeal Biden-era Regulations Governing Air Toxic Emissions from Coal- and Oil-Fired Power Plants

On June 17, 2025, the U.S. Environmental Protection Agency (“EPA”) published a proposed rule to repeal the amendments to the Mercury and Air Toxics Standards (“MATS”) adopted by the Biden administration in 2024. These amendments… more

Air Pollution, Biden Administration, Carbon Emissions, Clean Air Act, Deregulation

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Bradley Foxman

SCOTUS in Purdue: Non-Debtor Third-Party Releases Are Not Permitted in Chapter 11 Plans Without Consent

On June 27, 2024, the United States Supreme Court (the “Supreme Court” or “Court”) rendered a 5-4 opinion in Harrington v. Purdue Pharma, L.P. that “the [B]ankruptcy [C]ode does not authorize a release and injunction that, as… more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Fraudulent Marketing, Non-Debtors

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Katherine Terrell Frank

Texas Hold ‘Em: New Law Requires Proxy Advisors to Show Their Cards if “Nonpecuniary” Factors Guide Voting Recommendations

On June 20, 2025, Texas Governor Greg Abbott signed Senate Bill 2337 (“SB 2337”), a novel regulation that will require significant disclosure obligations for proxy advisors, such as ISS and Glass Lewis, for their voting… more

Corporate Governance, Disclosure Requirements, Diversity and Inclusion Standards (D&I), Environmental Social & Governance (ESG), Glass Lewis

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Sophie Freelove

Energy Disputes: Navigating Key Trends and Challenges

Disputes dominated the energy landscape in 2024, with the energy industry facing complex and sometimes contradictory challenges. As the world continues to grapple with the energy transition, energy security, global policy… more

Arbitration, Clean Energy, Climate Change, Dispute Resolution, Energy Policy

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Trey Frye

One Big Beautiful Bill Signed into Law – Impact on IRA Tax Credits

On July 4, 2025, President Trump signed the “One Big Beautiful Bill Act” (H.R. 1 119th Congress) (“OBBB”) into law. OBBB made changes to various tax provisions – including tax rates, modification of treatment of state and local… more

Clean Energy, Energy Policy, Energy Tax Incentives, Inflation Reduction Act (IRA), New Legislation

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Keith Fullenweider

Economics of the Energy Transition: Keith Fullenweider on Wharton Business Daily

Vinson & Elkins Chair Keith Fullenweider joined Wharton Business Daily to talk about financing trends in the energy transition, how policymakers influence investments in clean energy, and the impact of artificial intelligence… more

Artificial Intelligence, Clean Energy, Energy Projects, Energy Sector, Investment Opportunities

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Katherine Galvin

Future of FCPA Enforcement Uncertain (For Now) as New Administration Revamps the Law Enforcement Toolkit

Among the drumbeats of rapid pronouncements and policy shifts since January 20, 2025, the Trump Administration recently issued a 180-day pause on new investigations and enforcement actions involving the U.S. Foreign Corrupt… more

Bribery, Compliance, Corruption, Criminal Prosecution, Department of Justice (DOJ)

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Samantha Garza

Local Insight: The New Rules of the Texas Business Court Explained

On March 1, 2025, the Texas Business Court (the “Business Court”) implemented new local rules aimed at enhancing the efficiency and fairness of business dispute resolutions. Key changes include new provisions involving… more

Artificial Intelligence, Business Litigation, Disclosure Requirements, Discovery, Dispute Resolution

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Dora Georgescu

NCAA Reiterates its Focus on Improper NIL Inducement and Signals Future Shift in NIL Landscape

This year kicked off with several important name, image, and likeness (“NIL”) updates that universities, boosters,1 and NIL Collectives2 would do well to review. Earlier this month, the NCAA Division I Committee on Infractions… more

College Athletes, Compensation, Name and Likeness, NCAA, Recruitment Policies

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George Matthew Gerachis

Treasury and IRS Finalize Disclosure Requirements for So-Called Related-Party “Basis-Shifting” Transactions

The Department of the Treasury (“Treasury”) and the Internal Revenue Service (“IRS”) have released final regulations designating so-called “basis-shifting” transactions among related parties as “transactions of interest.” Last… more

Compliance, Congressional Review Act, Disclosure Requirements, Final Rules, Income Taxes

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Michael Gibson

[Hybrid Event] Overview of SAFE Investments - July 11th, 12:00 pm - 1:00 pm CT

Please join us for our new quarterly Technology Series webinar where the Vinson & Elkins team will be giving an overview of SAFE investments… more

Continuing Legal Education, Investment Funds, Investment Management, Investment Opportunities, Investors

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Peter Goetschel

Supreme Court Confirms Retaliatory Intent Is Irrelevant in Proving SOX Retaliation

On February 8, 2024, in its Murray v. UBS Securities, LLC1 opinion, the U.S. Supreme Court unanimously held that a whistleblower pursuing a claim for retaliation under the Sarbanes-Oxley Act of 2002 (“SOX”) does not need to show… more

Adverse Employment Action, Anti-Retaliation Provisions, Employer Liability Issues, Intent, Murray v UBS Securities LLC

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Ishaan Golding

Texas Supreme Court Clarifies Ownership of Salt Caverns

On May 16, 2025, the Texas Supreme Court issued a decision ruling that, absent specific contractual language, surface owners retain ownership of the caverns created by salt mining operations. The issue of ownership of salt… more

Appeals, Contract Disputes, Energy Storage, Mineral Rights, Natural Gas

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John Grand

Credit Risk Retention in Oil & Gas ‘Securitizations’ of Proven, Developed and Producing (PDP) Wells

The purpose of this White Paper is to provide general guidance to transaction participants and practitioners in their consideration of the application of 17 C.F.R. Part 246, adopted jointly by the Securities and Exchange… more

Capital Requirements Regulation (CRR), Consumer Protection Act, Dodd-Frank, Downstream Agreements, Hydrocarbons

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Christopher Green

Considerations for REITs, their Subsidiaries, and Other Real Estate Companies under the Corporate Transparency Act

The Corporate Transparency Act (the “CTA”), a new federal law, went into effect on January 1, 2024. The CTA requires that certain entities file Beneficial Ownership Information Reports (“BOI Reports”) with the Financial Crimes… more

Beneficial Owner, Corporate Transparency Act, Financial Crimes, FinCEN, Real Estate Investments

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Bess Greenberg

SCOTUS To Focus on the Securities Fraud Pleading Standard in Two Cases Next Term

In a pair of orders issued this month, the U.S. Supreme Court signaled plans to provide further guidance in its upcoming Fall term concerning application of the heightened standard for pleading securities fraud claims mandated… more

Acquisitions, Appeals, Data-Sharing, Facebook, Form 10-K

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Vanessa Griffith

Advance Planning For Furloughs or Layoff

As the consequences of COVID-19 and the economic downturn are being more widely felt, employers are increasingly forced to confront tough choices with respect to reduced schedules, employee furloughs and reductions in force… more

Coronavirus/COVID-19, Employer Liability Issues, Furloughs, Layoffs, Reduction in Hours

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Katherine Drell Grissel

SCOTUS in Purdue: Non-Debtor Third-Party Releases Are Not Permitted in Chapter 11 Plans Without Consent

On June 27, 2024, the United States Supreme Court (the “Supreme Court” or “Court”) rendered a 5-4 opinion in Harrington v. Purdue Pharma, L.P. that “the [B]ankruptcy [C]ode does not authorize a release and injunction that, as… more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Fraudulent Marketing, Non-Debtors

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Eric Groten

EPA Proposes to Repeal Biden-era Regulations Governing Air Toxic Emissions from Coal- and Oil-Fired Power Plants

On June 17, 2025, the U.S. Environmental Protection Agency (“EPA”) published a proposed rule to repeal the amendments to the Mercury and Air Toxics Standards (“MATS”) adopted by the Biden administration in 2024. These amendments… more

Air Pollution, Biden Administration, Carbon Emissions, Clean Air Act, Deregulation

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Ben Grunberger-Kirsh

In-person and virtual evidentiary hearings: are hybrid hearings the way forward?

As parties have adapted to the changes brought about by the pandemic, virtual evidentiary hearings have become more popular. We discuss what some say are disadvantages of virtual hearings and consider how these issues might… more

Arbitration, Evidentiary Hearings, Litigation Strategies, Virtual Litigation, Witnesses

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Elena Guillet

Regulating the Depths: International and Domestic Developments in Deep-sea Mining

As global demand for critical minerals intensifies — driven by the energy transition, technological innovation, and geopolitical competition — deep-sea mining has emerged as a potential frontier in resource development. At the… more

Executive Orders, International Trade, Minerals, National Security, NOAA

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Gabrielle Gunshol

Trump Executive Orders: Key Developments for Government Contractors

Change and uncertainty are among the words that come to mind when describing the government contracting industry in the early days of President Donald Trump’s second administration. Since taking office for the second time on… more

Contract Terms, Department of Defense (DOD), Executive Orders, Federal Acquisition Regulations (FAR), Federal Contractors

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Jarrod Gutsa

Bond Calls: The Essential Cocktail of Considerations – Provided Shaken, Not Stirred

Bond markets have been in upheaval recently, with knock-on impacts on decisions on whether to make or defend calls on performance security on construction projects. In the first quarter of this year, we saw the continued impact… more

Bond Markets, Construction Industry, Contractors, EU, Financial Markets

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K. Stancell Haigwood

SEC Approves Final SPAC Rules

On January 24, 2024, the U.S. Securities and Exchange Commission (“SEC”) approved final rules relating to special purpose acquisition companies (“SPACs”). The final rules follow the SEC’s issuance of proposed rules on March 30,… more

Disclosure Requirements, Division of Corporate Finance, Final Rules, Initial Public Offering (IPO), Investment Company Act of 1940

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Jason Halper

Delaware Court of Chancery Dismisses Claims Relating to Sale of Company Against Private Equity Majority Owner

In the latest instance of a private equity seller vindicating contractual rights in the Delaware Court of Chancery, on April 30, Vice Chancellor Lori W. Will rejected attempts by minority LLC members in urgent care provider… more

Breach of Contract, Class Action, Contract Terms, Delaware, Fiduciary Duty

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Chaudhry N. Hameed

From Cloud to Compliance: Legal Essentials for Building and Operating AI-Ready Data Centers

Driven by the demand for AI-ready cloud infrastructure, the market cap for global data center construction, currently valued at more than $250 billion, is set to double in less than ten years, reaching half a trillion dollars by… more

Contract Terms, Data Centers, Data Security, Energy Consumption, Energy Costs

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Nicole Hamill

ESG . . . Meet Finance: Green Bonds And Sustainable Finance

The corporate world continues its embrace of Environmental, Social and Governance (“ESG”) in 2020 like never before. As part of that trend, ESG-type criteria are appearing with increasing prevalence in the bond and loan markets,… more

Environmental Social & Governance (ESG), Green Bonds, Green Finance, Key Performance Indicators (KPIs), Popular

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Jeffrey Han

Critical IP Issues Surrounding the Energy Transition

A host of questions are arising about the intellectual property rights attached to energy transition projects because of enormous investments in the space and the cutting-edge technologies that follow. Energy transition… more

Energy Projects, Enforcement, Incentives, Intellectual Property Protection, Investment

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Megan Hardy

Global Tariffs: Implications for the Aviation Industry

The tariff policy implemented by the Trump administration in April 2025 marks a significant shift for the aviation sector by ending long-standing duty-free status in aircraft trading. As a result, U.S. manufacturers and airlines… more

Airbus, Aviation Industry, Boeing, China, EU

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Ashton Harris

T+1 Settlement — Revisiting Ongoing ATM Programs

On May 28, 2024, the standard settlement cycle for most broker-dealer transactions was shortened from a two business day settlement period (T+2) to one business day (T+1). Under the T+1 settlement cycle, most securities… more

Broker-Dealer, Capital Raising, Equitable Distribution, Initial Public Offering (IPO), Securities and Exchange Commission (SEC)

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Josh Hasler

Agreement on the EU’s AI Act Sets the Stage for Comprehensive Regulations

On December 8, 2023, representatives of the European Council and the European Parliament reached a provisional agreement on the EU’s Artificial Intelligence Act (“AI Act”). Although the final text of the AI Act remains subject… more

Artificial Intelligence, Biometric Information, Cyber Threats, Cybersecurity, Data Privacy

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Paul Heath

SCOTUS in Purdue: Non-Debtor Third-Party Releases Are Not Permitted in Chapter 11 Plans Without Consent

On June 27, 2024, the United States Supreme Court (the “Supreme Court” or “Court”) rendered a 5-4 opinion in Harrington v. Purdue Pharma, L.P. that “the [B]ankruptcy [C]ode does not authorize a release and injunction that, as… more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Fraudulent Marketing, Non-Debtors

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Eric Hechler

Executive Compensation Under the New Administration

President-elect Donald Trump’s impending return to power on January 20, 2025, has created uncertainty and challenges for proxy advisory firms, such as ISS and Glass Lewis, which provide voting recommendations to investors on… more

Compensation & Benefits, Corporate Governance, Dodd-Frank, Environmental Social & Governance (ESG), Executive Compensation

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Josh Heideman

The Renewable Fuel Standard

When George W. Bush signed the Energy Policy Act of 2005 and the Energy Independence and Security Act of 2007, ethanol was hardly a household name, even though it had been used as a fuel since the early 1800s. Originally… more

Energy Policy Act, Environmental Protection Agency (EPA), Ethanol, Fuel Standards, Renewable Energy

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Michael Heidler

Invest in Texas: A Powerful Defense of Limited Liability

Chris Popov and Mike Heidler, partners at Vinson & Elkins, talk through a major opinion from the Texas Supreme Court, their role in the case, and what it means for investors in Texas companies… more

Abuse of Discretion, Alter Ego, Appeals, Bankruptcy Court, Corporate Structures

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Ben Higson

Europe energy and infrastructure M&A: risks and opportunities in 2025

Although 2024 marked another challenging year for M&A globally, the European energy and infrastructure market showed signs of resilience in the face of persistent economic and geopolitical pressures. If the uncertainties driving… more

Acquisitions, Capital Markets, Capital Raising, Energy Projects, Energy Sector

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Kris Hildebrand

Texas Lassos Foreign Investment Regulation with Real Property Restrictions and Proposed “Texas Committee on Foreign Investment” - Updated 6.25.25

The Texas Legislature was active this Session in proposing and passing bills that seek to restrict foreign ownership of real estate and businesses in Texas. Before this session, Texas did not have state-level restrictions on… more

CFIUS, China, Constitutional Challenges, Enforcement, Foreign Investment

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Margaret Hill

Congress Begins Taking Action to Nullify Biden-Era Tax Regulations

The opening days of the 119th U.S. Congress have been marked with congressional action under the Congressional Review Act (CRA) to potentially invalidate regulations that were issued by the Internal Revenue Service (IRS) in the… more

Biden Administration, Compliance, CRA, Decentralized Finance (DeFi), Financial Services Industry

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Paul Hill

Ephemeral Sweeps: President-Elect Trump’s SEC Expected to Abandon Probes into Use of WhatsApp and “Off-Channel” Messaging Platforms

After a three-year crackdown on the use of “ephemeral” electronic messaging platforms by the United States Securities and Exchange Commission (“SEC”) under Chair Gary Gensler, early indications are that the incoming Trump… more

Commercial Electronic Messages, Donald Trump, Electronic Communications, Instant Messaging Apps, Mobile Devices

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Mark Holmes

[Webinar] Powering Texas: Roadmap for Structuring Bankable TEF Projects - October 9th, 1:00 pm - 2:00 pm ET

Join us as we explore the intricacies of developing government-funded projects, with a focus on the Texas Energy Fund (TEF) loan program. Vinson & Elkins’ finance, project development, construction, and regulatory lawyers will… more

Continuing Legal Education, Department of Energy (DOE), Due Diligence, Energy Market, Energy Projects

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Michael Holmes

Texas Business Court Quarterly Update – Q1 and Q2 2025

As a part of Vinson & Elkins’ Texas Business Court Quarterly Update, the following update summarizes the Texas Business Court opinions—categorized by primary issue—that have been released since September 1, 2024 through the… more

Amount in Controversy, Breach of Contract, Breach of Duty, Business Court, Commercial Litigation

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George Hopkins

EPA Aims to Boost Biofuels Production in Proposed RFS Set 2 Rule

On June 17, 2025, the U.S. Environmental Protection Agency (“EPA”) published its proposed “Set 2” rule under the Renewable Fuel Standard (“RFS”) program (the “Set 2 Rule”). The Set 2 Rule proposes renewable volume obligations… more

Agribusiness, Biofuel, Charging Stations, Electric Vehicles, Energy Policy

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W. Matthew Hortenstine

FinCEN Issues Interim Final Rule – BOI Reporting Obligations Narrowed to Foreign Reporting Companies and New Deadlines Issued

As we previously discussed and in alignment with the U.S. Treasury Department’s previous announcement, on March 21, 2025, the Financial Crimes Enforcement Network (“FinCEN”) issued an interim final rule that dramatically narrows… more

Beneficial Owner, Corporate Transparency Act, Filing Deadlines, Filing Requirements, FinCEN

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Brian Howard II

DOJ Resumes FCPA Enforcement with a New “America First” Focus on Energy and Other Vital National Interests — Creating Opportunities for U.S. Companies to Seize

On June 9, 2025, Deputy Attorney General Todd Blanche announced that the U.S. Department of Justice (“DOJ” or the “Department”) will resume investigating and prosecuting violations of the U.S. Foreign Corrupt Practices Act (the… more

Bribery, Corruption, Department of Justice (DOJ), Enforcement Actions, Enforcement Priorities

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George Howard

SCOTUS in Purdue: Non-Debtor Third-Party Releases Are Not Permitted in Chapter 11 Plans Without Consent

On June 27, 2024, the United States Supreme Court (the “Supreme Court” or “Court”) rendered a 5-4 opinion in Harrington v. Purdue Pharma, L.P. that “the [B]ankruptcy [C]ode does not authorize a release and injunction that, as… more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Fraudulent Marketing, Non-Debtors

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Adam Hudes

Court Serves Up Early Victory to FTC in First Robinson-Patman Act Enforcement Action in Decades

On April 17, 2025, a federal district court denied a motion to dismiss the first government enforcement action brought in decades under the Robinson-Patman Act (“RPA”), a statute that prohibits price discrimination and other… more

Antitrust Litigation, Antitrust Violations, Class Action, Competition, Government Agencies

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Demi Hueth

Aviation Finance: The Outlook for Business in 2025

Entering 2025, the outlook for aviation is as bright as it has been since before 2020. Global passenger demand has returned to pre-Covid highs. Interest rates are falling in the United States and Europe. And aircraft trading is… more

Aircraft, Airlines, Asset Management, Asset-Backed Securities, Aviation Industry

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Gary Huffman

Tax Law (and Controversy) Under the Trump Administration

As it releases executive orders with unprecedented speed, the Trump administration has begun executing its vision for the United States and the world. This article addresses some of the tax-related topics likely to be the focus… more

Income Taxes, Inflation Reduction Act (IRA), Internal Revenue Code (IRC), IRS, Tariffs

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Robert Hughes

Implications of a Texas Supreme Court Ruling Confirming Customary Investment Practices for Private Equity Sponsors

On June 23, 2023, the Texas Supreme Court issued a decision embracing the rule that an investor can engage in customary investment practices without becoming liable for torts committed by a portfolio company… more

Investment, Liability, Portfolio Companies, Private Equity, TX Supreme Court

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Regina Ibarra

Stock Drop Litigation Cases Are On The Rise: Will Your Retirement Plan Be A Target?

Key Takeaways- •Stock price plunges caused by COVID and current market conditions create fertile ground for stockholder litigation, including claims by participants in retirement plans funded with employer securities that… more

Breach of Duty, Corporate Counsel, Employee Benefits, Employee Retirement Income Security Act (ERISA), ESOP

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Nabeel Ikram

A New Era in Saudi Law: The Introduction of the Civil Code

The Kingdom of Saudi Arabia has embarked on a significant legal reform with the introduction of its first Civil Transactions Law (the “Civil Code”), which took effect on December 16, 2023. Originally published in Law Middle… more

Civil Code, Commercial Contracts, Contract Negotiations, Contract Terms, Contractual Safeguards

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Addy Jackson

CAMT Touch This: Treatment of Tax Credits, Direct Pay, and Transferability under the Corporate Alternative Minimum Tax

On September 12, 2024, the Department of the Treasury (the “Treasury”) and the Internal Revenue Service (the “IRS”) issued long-awaited proposed regulations (89 FR 75062) (the “Proposed Regulations”) on the application of the… more

Alternative Minimum Tax, Corporate Taxes, Energy Projects, Inflation Reduction Act (IRA), IRS

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Stefanie Jackson

Failure to Act: SEC Brings Individual Charges Against CFO and Audit Committee Chair in Corporate AI Fraud Case

On September 16, 2024, the United States Securities and Exchange Commission (“SEC” or the “Commission”) brought charges against Kubient, Inc.’s (“Kubient”) former chairman and chief executive officer (“CEO”) for allegedly… more

Artificial Intelligence, Audit Committee, CFOs, Corporate Counsel, Enforcement Actions

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Jeffrey Jakubiak

Unleashing American Energy: Energy-Focused Executive Orders

On April 8 and 9, 2025, President Donald Trump issued five Presidential Actions (four Executive Orders and one Proclamation, collectively “Presidential Actions”) for the purposes of ensuring adequate and reliable energy… more

Climate Change, Coal Industry, Constitutional Challenges, Energy Policy, Energy Sector

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Christopher James

The Supreme Court Strips SEC of Fraud-Fighting Forum, Sparking Debate on Broader Implications for Federal Enforcement

For more than a decade, the U.S. Securities and Exchange Commission (the “SEC”) has been able to bring enforcement actions in either federal court or the agency’s internal venue. Not anymore. On June 27, 2024, the U.S. Supreme… more

Administrative Law Judge (ALJ), Administrative Proceedings, Article III, Civil Monetary Penalty, Enforcement Actions

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Megan James

Capital Commitment: A Billion-Plus for American Infrastructure

Vinson & Elkins Partners Robert Seber, David Peck, and Megan James, counsel to Ridgewood Infrastructure, share the story behind the private equity firm’s latest success and the legal work that went into it… more

Capital Formation, Capital Markets, Infrastructure, Investment, Investment Funds

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Meredith Jeanes Lyons

Delaware Supreme Court Sets High Bar for Counterparty Aiding and Abetting Liability in M&A Deals

The Delaware Supreme Court’s June 17, 2025 decision in In re Columbia Pipeline Group Merger Litigation reversed a $199 million damages award against TC Energy for aiding and abetting breaches by fiduciaries of Columbia Pipeline… more

Acquisitions, Aiding and Abetting, Appeals, Breach of Duty, CEOs

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Lucy Jenkins

Finance in Focus: Fostering a Forward-Thinking Practice

In this edition of V&E+, Vinson & Elkins Partners Caitlin Turner and Lucy Jenkins sit down for a conversation on the firm’s thriving Finance practice, the market trends they’re watching, and the career principles they live by… more

Acquisition Finance, Fundraisers, Lenders, Private Equity, Private Investment Funds

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Melissa Jester Spohn

V&E Quarterly Securities & ESG Updates - Summer 2023

Welcome to Vinson & Elkins’ Securities and ESG Updates. Our aim is to provide insights into notable developments in securities reporting and the environmental, social and governance space over the quarter and, where applicable,… more

C&DIs, Climate Change, COSO, Cybersecurity, Disclosure Requirements

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Justine Jia

Dredging Ahead: Army Corps Proposes to Reissue Nationwide Permits

The federal government is continuing to implement President Donald Trump’s Unleashing American Energy mandate to promote domestic energy and infrastructure projects. On June 18, 2025, the U.S. Army Corps of Engineers published… more

Biden Administration, Clean Water Act, Endangered Species Act (ESA), Energy Projects, Environmental Assessments

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David Johnson

Commercial Considerations Related to the Shift in Syrian Sanctions Policy

On May 23, 2025, General License 25 (“GL 25” or the “General License”) was issued by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”), suspending a wide array of sanctions against Syria. Similarly,… more

Blocked Person, Bureau of Industry and Security (BIS), Economic Sanctions, Energy Sector, Export Administration Regulations (EAR)

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Heather Reynolds Johnson

Department Of Labor Tells Plan Fiduciaries To Stay In Their Lane Regarding ESG Investing

On Tuesday, June 23, 2020, the U.S. Department of Labor (the “Department”) proposed a rule intended to “provide clear regulatory guideposts for plan fiduciaries in light of recent trends involving environmental, social and… more

Benefit Plan Sponsors, Department of Labor (DOL), Employee Retirement Income Security Act (ERISA), Environmental Social & Governance (ESG), Fiduciary

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Winnie Johnson

Who’s to Blame: Texas Federal Court Finds Contractual Counterparty Not Liable for Third-Party Wire Transfer Fraud

The facts are an oft-told business email compromise horror story: a hacker interjects themselves into an email discussion of a business deal, changes the wire instructions to their own account, and disappears with the… more

Breach of Contract, Cyber Attacks, Email, Employee Training, Fraudulent Wire Transfers

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Jeffrey Johnston

CISA Sounds the Alarm on Threats to Operational Technology

Earlier this month the Cybersecurity and Infrastructure Security Agency (“CISA”), the U.S. federal agency under the Department of Homeland Security (“DHS”) whose mission is to protect the nation’s critical infrastructure from… more

Critical Infrastructure Sectors, Cyber Attacks, Cybersecurity, Department of Homeland Security (DHS), Energy Sector

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Randall Johnston

Texas Lassos Foreign Investment Regulation with Real Property Restrictions and Proposed “Texas Committee on Foreign Investment” - Updated 6.25.25

The Texas Legislature was active this Session in proposing and passing bills that seek to restrict foreign ownership of real estate and businesses in Texas. Before this session, Texas did not have state-level restrictions on… more

CFIUS, China, Constitutional Challenges, Enforcement, Foreign Investment

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Jared Jones

A Modern Power Grid Can Deliver More Than Just Resiliency

Texas has proven that a commitment to market solutions and diverse electrical infrastructure can be a recipe for success. Under the restructuring of the power market and initiatives like the competitive renewable energy zone, we… more

Energy Sector, Fuel Supply, Power Grid, Renewable Energy, Severe Weather

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Stephen Josey

Congress Begins Taking Action to Nullify Biden-Era Tax Regulations

The opening days of the 119th U.S. Congress have been marked with congressional action under the Congressional Review Act (CRA) to potentially invalidate regulations that were issued by the Internal Revenue Service (IRS) in the… more

Biden Administration, Compliance, CRA, Decentralized Finance (DeFi), Financial Services Industry

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Ankush Joshi

DOE Issues LNG Export Study; Public Comment Period Straddles the Upcoming Administration Change

On December 17, 2024, the Office of Fossil and Carbon Management of the Department of Energy (“DOE”) released the long-awaited Liquefied Natural Gas (“LNG”) Export Study (“Study”). The Study was released 11 months after the… more

Carbon Capture and Sequestration, Carbon Emissions, Clean Energy, Climate Change, Department of Energy (DOE)

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Michael Joyce

New Administration: Key Energy Issues Tied to Executive Orders

After little more than a week in office, there is still plenty of speculation, but priorities of the Trump 2.0 Administration are becoming more concrete. Issuance of three energy-focused Executive Orders (Unleashing American… more

Affirmative Action, Alaska, Climate Change, Department of Energy (DOE), Department of the Interior

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Ilham Kabbouri

The Investment Powerhouse

In recent years, the United Arab Emirates (UAE) has significantly ramped up its foreign direct investment (FDI) in Africa, and has emerged as the fourth-largest foreign direct investor on the continent after China, the European… more

Africa, Clean Energy, Dubai, Foreign Direct Investment, Investment

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Lauren Kanzer

SCOTUS in Purdue: Non-Debtor Third-Party Releases Are Not Permitted in Chapter 11 Plans Without Consent

On June 27, 2024, the United States Supreme Court (the “Supreme Court” or “Court”) rendered a 5-4 opinion in Harrington v. Purdue Pharma, L.P. that “the [B]ankruptcy [C]ode does not authorize a release and injunction that, as… more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Fraudulent Marketing, Non-Debtors

See all updates »

Alexandra (Xara) Kaye

Guide to Arbitral Institutions and the Seat of Arbitration in France

When parties plan to resolve disputes by arbitration, there are several key considerations regarding procedure. In the fourth of a multi-part series, we look at two key features to consider when drafting (and applying) your… more

Arbitration, Arbitration Agreements, Arbitration Awards, Arbitrators, Choice-of-Law

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Kim Dalrymple

Aviation Finance: The Outlook for Business in 2025

Entering 2025, the outlook for aviation is as bright as it has been since before 2020. Global passenger demand has returned to pre-Covid highs. Interest rates are falling in the United States and Europe. And aircraft trading is… more

Aircraft, Airlines, Asset Management, Asset-Backed Securities, Aviation Industry

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Robert Kimball

Actions for Corporations to Obtain the Benefits of Amendments to the Texas Business Organizations Code

On May 14, 2025, Texas Governor Abbott signed Senate Bill 29 (“S.B. 29”) into law, significantly reforming the Texas Business Organizations Code (“TBOC”) to promote Texas as a preferred state of incorporation for both public and… more

Board of Directors, Business Entities, Business Judgment Rule, Corporate Governance, Derivative Suit

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Thomas Kirby

FERC Settles Decade-Old Enforcement Allegations

In 2016, a new play called Hamilton was dominating Broadway, Pokémon Go was all the rage, and the Summer Olympics were held in Rio. Also that year, the Federal Energy Regulatory Commission (“Commission” or “FERC”) issued an… more

Administrative Law Judge (ALJ), Administrative Procedure Act, Constitutional Challenges, Energy Sector, Enforcement

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Eric Joseph Klein

File Early or Risk Denial: iRhythm IPR Institution Denial Underscores the Importance of Filing IPR Petitions Sooner Rather Than Later

On June 6, 2025, the Acting Director of the United States Patent and Trademark Office (“USPTO”), Coke Morgan Stewart, issued a decision denying institution of five inter partes review (“IPR”) petitions filed by iRhythm, Inc… more

Administrative Patent Judges, Denial of Institution, Filing Deadlines, Intellectual Property Litigation, Inter Partes Review (IPR) Proceeding

See all updates »

Miron Klimkowski

CAMT Claus Is Staying In Town?

Lawmakers have been making their lists and checking them twice, and soon we will find out who’s been naughty or nice. However, taxpayers and their advisors wishing for a repeal of the corporate alternative minimum tax in 2025… more

Alternative Minimum Tax, Corporate Taxes, Income Taxes, IRS, Proposed Regulation

See all updates »

Thomas Knight

Unleashing American Energy: Energy-Focused Executive Orders

On April 8 and 9, 2025, President Donald Trump issued five Presidential Actions (four Executive Orders and one Proclamation, collectively “Presidential Actions”) for the purposes of ensuring adequate and reliable energy… more

Climate Change, Coal Industry, Constitutional Challenges, Energy Policy, Energy Sector

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Dan Komarek

FinCEN Issues Interim Final Rule – BOI Reporting Obligations Narrowed to Foreign Reporting Companies and New Deadlines Issued

As we previously discussed and in alignment with the U.S. Treasury Department’s previous announcement, on March 21, 2025, the Financial Crimes Enforcement Network (“FinCEN”) issued an interim final rule that dramatically narrows… more

Beneficial Owner, Corporate Transparency Act, Filing Deadlines, Filing Requirements, FinCEN

See all updates »

Keira Lyn Kuntz

Insights from the SEC Roundtable on Executive Compensation Disclosure Requirements

On June 26, 2025, the U.S. Securities and Exchange Commission (“SEC”) hosted a roundtable on executive compensation disclosure requirements. As noted in prior Insights, the SEC convened the roundtable to evaluate the… more

Board of Directors, CEOs, Corporate Governance, Disclosure Requirements, Dodd-Frank

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Shay Kuperman

[Webinar] Recent Developments in U.S. Offshore Wind Energy - March 4th, 12:00 pm - 1:00 pm CT

The United States has tremendous offshore wind energy resource potential with the ability to provide thousands of highly-skilled jobs and large amounts of renewable energy in close proximity to many of the country’s largest… more

Continuing Legal Education, Energy Projects, Energy Sector, Environmental Review, Jones Act

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Kara Kuritz

First 100 Days of the New HSR Rules with Antitrust Partner Kara Kuritz

Since the FTC’s updated HSR rules took effect, merger filings have become more complex, time-consuming, and risk-sensitive. In this brief video, Antitrust Partner Kara Kuritz explains how the new framework is changing the way… more

Acquisitions, Antitrust Provisions, Federal Trade Commission (FTC), Hart-Scott-Rodino Act, Merger Reviews

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Michael Kurzer

From Cloud to Compliance: Legal Essentials for Building and Operating AI-Ready Data Centers

Driven by the demand for AI-ready cloud infrastructure, the market cap for global data center construction, currently valued at more than $250 billion, is set to double in less than ten years, reaching half a trillion dollars by… more

Contract Terms, Data Centers, Data Security, Energy Consumption, Energy Costs

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David Latham

Another Magnificent Seven Contemplates Texas: Will Meta Pursue Re-Domiciling in Texas After the Tripadvisor Decision?

The Wall Street Journal reported on January 31, 2025, that Meta Platforms Inc. (formerly Facebook) (NASDAQ: META) was considering a change of its state of incorporation from Delaware to Texas. Shortly afterward, the Delaware… more

Board of Directors, Business Entities, Business Litigation, Corporate Governance, Corporate Restructuring

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E. Ramey Layne

SEC Approves Final SPAC Rules

On January 24, 2024, the U.S. Securities and Exchange Commission (“SEC”) approved final rules relating to special purpose acquisition companies (“SPACs”). The final rules follow the SEC’s issuance of proposed rules on March 30,… more

Disclosure Requirements, Division of Corporate Finance, Final Rules, Initial Public Offering (IPO), Investment Company Act of 1940

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James Leader Jr.

2023 Chemicals & Energy Antitrust Report

For companies in the energy and chemical sectors, the potential for antitrust scrutiny is an ever-present concern. The next round of enforcement inquiries is never further away than the next jump in commodity prices or the next… more

Antitrust Division, Collusion, Competition, Department of Justice (DOJ), Divestiture

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Daniel LeBey

Considerations for REITs, their Subsidiaries, and Other Real Estate Companies under the Corporate Transparency Act

The Corporate Transparency Act (the “CTA”), a new federal law, went into effect on January 1, 2024. The CTA requires that certain entities file Beneficial Ownership Information Reports (“BOI Reports”) with the Financial Crimes… more

Beneficial Owner, Corporate Transparency Act, Financial Crimes, FinCEN, Real Estate Investments

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Alex Lee

Charting the Course for Low-Carbon Hydrogen Trade

By 2050, the cost of producing low-carbon hydrogen is expected to be five times higher in the most expensive regions than the least expensive regions, according to the Hydrogen Council. This significant cost gap will require… more

Energy Projects, Energy Sector, EU, European Economic Area (EEA), Financing

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James Lee

Silicon Valley Bank FDIC Takeover

As you may be aware, Silicon Valley Bank (“SVB”), a key lender serving customers and borrowers primarily in the technology industry, was taken over by U.S. regulators on Friday. In a press release, the California Department of… more

Borrowers, Consumer Financial Protection Bureau (CFPB), Deposit Insurance, FDIC, Lenders

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Brenda Lenahan

SEC Approves Final SPAC Rules

On January 24, 2024, the U.S. Securities and Exchange Commission (“SEC”) approved final rules relating to special purpose acquisition companies (“SPACs”). The final rules follow the SEC’s issuance of proposed rules on March 30,… more

Disclosure Requirements, Division of Corporate Finance, Final Rules, Initial Public Offering (IPO), Investment Company Act of 1940

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Robert Levy

File Early or Risk Denial: iRhythm IPR Institution Denial Underscores the Importance of Filing IPR Petitions Sooner Rather Than Later

On June 6, 2025, the Acting Director of the United States Patent and Trademark Office (“USPTO”), Coke Morgan Stewart, issued a decision denying institution of five inter partes review (“IPR”) petitions filed by iRhythm, Inc… more

Administrative Patent Judges, Denial of Institution, Filing Deadlines, Intellectual Property Litigation, Inter Partes Review (IPR) Proceeding

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Alexandra Lewis

SEC Postpones Effective Date of Share Repurchase Disclosure Rule

The SEC announced on November 22, 2023, an order staying its share repurchase disclosure rule pending further SEC action. Companies therefore do not need to comply with the rule’s previous compliance date subject to further… more

Disclosure Requirements, Form 10-K, Securities and Exchange Commission (SEC), Stays, Stock Repurchases

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Natan Leyva

CAMT Claus Is Staying In Town?

Lawmakers have been making their lists and checking them twice, and soon we will find out who’s been naughty or nice. However, taxpayers and their advisors wishing for a repeal of the corporate alternative minimum tax in 2025… more

Alternative Minimum Tax, Corporate Taxes, Income Taxes, IRS, Proposed Regulation

See all updates »

Bradley Lindsay

The Arbitration Act 2025: Modernising and Streamlining English-Seated Arbitration

The Arbitration Act 2025 (the “2025 Act”) is a welcome update to English arbitration law and one which seeks to further London’s place as a leading seat for international arbitration. The 2025 Act received Royal Assent on 24… more

Arbitration, Arbitration Agreements, Arbitrators, Contract Terms, Dispute Resolution

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Benjamin Lippard

New York Passes Climate Superfund Legislation - Updated 3.6.25

On December 26, 2024, New York Governor Kathy Hochul signed the Climate Change Superfund Act (“CCSA” or the “Act”) into law. The law requires certain fossil fuel producers and refiners with sufficient connections to New York to… more

CERCLA, Climate Change, Constitutional Challenges, Environmental Litigation, Environmental Policies

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Aaron Lira

Brine Time: Texas’ Latest in Lithium Law

Lithium continues to be a rising star of the natural resources world, and Texas is working to stay on top of the legal issues related to the extraction of lithium from produced water and brine. In this update, we discuss three… more

Appeals, Judicial Authority, Minerals, New Legislation, New Rules

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Ben Livni

Treasury Issues Proposed Regulations on 45X Advanced Manufacturing Production Credit

On December 14, 2023, the Department of the Treasury (“Treasury”) and the Internal Revenue Service (“IRS”) issued proposed regulations (the “Proposed Regulations”) providing additional guidance to taxpayers on the advanced… more

Inflation Reduction Act (IRA), Infrastructure, IRS, Manufacturers, Production Tax Credit

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James Lloyd Loftis

Energy Disputes: Navigating Key Trends and Challenges

Disputes dominated the energy landscape in 2024, with the energy industry facing complex and sometimes contradictory challenges. As the world continues to grapple with the energy transition, energy security, global policy… more

Arbitration, Clean Energy, Climate Change, Dispute Resolution, Energy Policy

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Madison Lo

California Looks to Crack Down on Algorithmic Pricing and Clarify Antitrust Pleading Standards

The California State Assembly recently unveiled legislation (“AB 325”) designed to strengthen California antitrust enforcement in two ways. First, the proposed statute would impose heavy restrictions on — and under some… more

Algorithms, Antitrust Litigation, Antitrust Provisions, California, Cartwright Act

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Bryan Loocke

[Webinar] Distressed Upstream Oil and Gas Transactions - December 3rd, 12:00 pm - 1:00 pm CT

This presentation provides a general overview of market changes that have occurred in the upstream oil and gas space in 2020. It further identifies alternative structures for acquiring or divesting distressed upstream oil and… more

363 Sales, Acquisitions, Commercial Bankruptcy, Continuing Legal Education, Distressed Assets

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John Lynch

CAMT Claus Is Staying In Town?

Lawmakers have been making their lists and checking them twice, and soon we will find out who’s been naughty or nice. However, taxpayers and their advisors wishing for a repeal of the corporate alternative minimum tax in 2025… more

Alternative Minimum Tax, Corporate Taxes, Income Taxes, IRS, Proposed Regulation

See all updates »

Maram Mahajna

Related Party Transactions Disclosures in SEC Crosshairs Once Again

The Securities and Exchange Commission (“SEC”) recently brought two enforcement actions against public companies regarding related party transaction (“RPT”) disclosures. The actions against Lyft and Maximus should remind public… more

Best Practices, Corporate Counsel, Disclosure Requirements, Enforcement Actions, Failure To Disclose

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Pranay Malempati

FinCEN Issues Interim Final Rule – BOI Reporting Obligations Narrowed to Foreign Reporting Companies and New Deadlines Issued

As we previously discussed and in alignment with the U.S. Treasury Department’s previous announcement, on March 21, 2025, the Financial Crimes Enforcement Network (“FinCEN”) issued an interim final rule that dramatically narrows… more

Beneficial Owner, Corporate Transparency Act, Filing Deadlines, Filing Requirements, FinCEN

See all updates »

Michael Malenfant

New Administration: Key Energy Issues Tied to Executive Orders

After little more than a week in office, there is still plenty of speculation, but priorities of the Trump 2.0 Administration are becoming more concrete. Issuance of three energy-focused Executive Orders (Unleashing American… more

Affirmative Action, Alaska, Climate Change, Department of Energy (DOE), Department of the Interior

See all updates »

Matthew Maron

From Cloud to Compliance: Legal Essentials for Building and Operating AI-Ready Data Centers

Driven by the demand for AI-ready cloud infrastructure, the market cap for global data center construction, currently valued at more than $250 billion, is set to double in less than ten years, reaching half a trillion dollars by… more

Contract Terms, Data Centers, Data Security, Energy Consumption, Energy Costs

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Peter Marshall

Delaware Supreme Court Sets High Bar for Counterparty Aiding and Abetting Liability in M&A Deals

The Delaware Supreme Court’s June 17, 2025 decision in In re Columbia Pipeline Group Merger Litigation reversed a $199 million damages award against TC Energy for aiding and abetting breaches by fiduciaries of Columbia Pipeline… more

Acquisitions, Aiding and Abetting, Appeals, Breach of Duty, CEOs

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Paul Martin

Real Estate Opportunities in the Energy Transition

Much has been said about the need for countries and companies to build a low-carbon global economy. Multiple estimates of the amount of capital that will be needed to fund the energy transition over the next several decades are… more

Biden Administration, Carbon Capture and Sequestration, Carbon Emissions, Clean Energy, Climate Change

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Jeremy Marwell

Supreme Court Curbs the Scope of NEPA Reviews in Landmark Decision: Seven County Infrastructure Coalition v. Eagle County, Colorado

In the first major National Environmental Policy Act (“NEPA”) case to reach the Supreme Court in almost two decades, the U.S. Supreme Court issued its decision on May 29, 2025, in Seven County Infrastructure Coalition v. Eagle… more

Administrative Procedure Act, Chevron Deference, Environmental Impact Statements, Environmental Litigation, Environmental Policies

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Elizabeth Matthews

Securities Enforcement Forum West: Remarks by Gurbir S. Grewal

Director of the Securities and Exchange Commission’s (“SEC”) Enforcement Division reemphasizes robust enforcement, robust remedies, and robust compliance as key priorities for the rest of 2023, while signaling an upcoming focus… more

Department of Justice (DOJ), Discovery, Enforcement Actions, Private Funds, Recordkeeping Requirements

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Christy Mazzola

[CLE Hybrid Event] Alternative Investments in Commercial Real Estate: Preferred Equity and Mezzanine Debt Instruments - September 19th, New York, NY

Join Vinson & Elkins REIT and Real Estate partners, Brent Abbott, Executive Vice President, Head of Investments, Real Estate Division at Pacolet-Milliken, and Anthony Scavo, Chief Operating Officer at Basis Industrial, as they… more

Alternative Investment Funds, Capital Raising, Commercial Real Estate Market, Continuing Legal Education, Debt Instruments

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Sarah McCann

Global Tariffs: Implications for the Aviation Industry

The tariff policy implemented by the Trump administration in April 2025 marks a significant shift for the aviation sector by ending long-standing duty-free status in aircraft trading. As a result, U.S. manufacturers and airlines… more

Airbus, Aviation Industry, Boeing, China, EU

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Reagan McGinnis

Insights from the SEC Roundtable on Executive Compensation Disclosure Requirements

On June 26, 2025, the U.S. Securities and Exchange Commission (“SEC”) hosted a roundtable on executive compensation disclosure requirements. As noted in prior Insights, the SEC convened the roundtable to evaluate the… more

Board of Directors, CEOs, Corporate Governance, Disclosure Requirements, Dodd-Frank

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James McGovern

Focus, Fairness, & Efficiency: DOJ White Collar Policy Shifts Signal Recalibration, But Not Revolution in Enforcement

On May 12, 2025, the Criminal Division of the U.S. Department of Justice (“DOJ” or the “Department”) issued a series of significant policy changes outlining the Trump administration’s new approach to white-collar enforcement… more

Corporate Misconduct, Department of Justice (DOJ), Enforcement Actions, Enforcement Priorities, Foreign Corrupt Practices Act (FCPA)

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Jason McIntosh

One Big Beautiful Bill Act: Key Tax Impacts for Businesses

On July 4, 2025, President Donald J. Trump signed the One Big Beautiful Bill Act (the “OBBBA”) into law. Congress passed the OBBBA through budget reconciliation, a special legislative process that allows Congress to advance… more

Alternative Minimum Tax, Base Erosion and Anti-Abuse Tax (BEAT), Budget Reconciliation, Business Taxes, Corporate Taxes

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Sarah McIntosh

House Ways and Means Committee Approves Markup of Reconciliation Bill

Early this morning, the House Ways and Means Committee (the “Ways and Means Committee”) approved its recently proposed markup of H.R. Con. Res. 14, 119th Cong. (2025) (the “Reconciliation Bill”). Among many other items, this… more

Clean Energy, Energy Policy, Energy Tax Incentives, Inflation Reduction Act (IRA), Investment Tax Credits

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Douglas McWilliams

[Webinar] The Consolidation Wave – A Continuing Trend with Energy Companies - September 10th, 12:00 pm - 1:00 pm CT

In the energy space, smaller companies are finding it harder to compete on their own and larger companies need more scale to improve operational efficiencies and boost shareholder value leading to many business… more

Acquisitions, Continuing Legal Education, Corporate Governance, Energy Sector, Executive Compensation

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Elias Medina

Section 363(m) Circuit Split Headed for SCOTUS Review

The Supreme Court of the United States granted certiorari on June 27, 2022, to determine whether section 363(m) of the Bankruptcy Code—concerning appellate review of bankruptcy court sale orders—is jurisdictional or only limits… more

Appeals, Bankruptcy Code, Bankruptcy Court, Certiorari, Chapter 11

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Jorge Medina

One Big Beautiful Bill Signed into Law – Impact on IRA Tax Credits

On July 4, 2025, President Trump signed the “One Big Beautiful Bill Act” (H.R. 1 119th Congress) (“OBBB”) into law. OBBB made changes to various tax provisions – including tax rates, modification of treatment of state and local… more

Clean Energy, Energy Policy, Energy Tax Incentives, Inflation Reduction Act (IRA), New Legislation

See all updates »

Stephen Medlock

California’s 2025 Abuse of Dominance Proposal: Redefining State-Level Antitrust Enforcement In The Fourth-Largest Economy on Earth

For decades, California enforcers and politicians have argued for state-level antitrust enforcement activity at a level commensurate with California’s $4.1 trillion economy, the largest state economy in the United States. Only… more

Abuse of Dominance, Acquisitions, Antitrust Litigation, Antitrust Provisions, California

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Paige Melton

Update: OBBBA Tax Provisions Impacting REITs and Foreign Investors

On July 1, 2025, a little over two weeks after the Senate Finance Committee released its draft tax title (the “Initial Senate Draft”), the U.S. Senate secured sufficient votes to advance its version of the “One Big Beautiful… more

Business Income, Corporate Taxes, Foreign Investment, Internal Revenue Code (IRC), Investors

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Dario Mendoza

Insights from the SEC Roundtable on Executive Compensation Disclosure Requirements

On June 26, 2025, the U.S. Securities and Exchange Commission (“SEC”) hosted a roundtable on executive compensation disclosure requirements. As noted in prior Insights, the SEC convened the roundtable to evaluate the… more

Board of Directors, CEOs, Corporate Governance, Disclosure Requirements, Dodd-Frank

See all updates »

Christopher Menendez

Delaware Court of Chancery Dismisses Claims Relating to Sale of Company Against Private Equity Majority Owner

In the latest instance of a private equity seller vindicating contractual rights in the Delaware Court of Chancery, on April 30, Vice Chancellor Lori W. Will rejected attempts by minority LLC members in urgent care provider… more

Breach of Contract, Class Action, Contract Terms, Delaware, Fiduciary Duty

See all updates »

David Meyer

SCOTUS in Purdue: Non-Debtor Third-Party Releases Are Not Permitted in Chapter 11 Plans Without Consent

On June 27, 2024, the United States Supreme Court (the “Supreme Court” or “Court”) rendered a 5-4 opinion in Harrington v. Purdue Pharma, L.P. that “the [B]ankruptcy [C]ode does not authorize a release and injunction that, as… more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Fraudulent Marketing, Non-Debtors

See all updates »

Lauren Messonnier Meyers

[Webinar] All in the Family: Applying the Business Interest Expense Limitation Within Groups - September 30th, 12:00 pm - 1:00 pm CT

The 2017 Tax Cuts and Jobs Act generally limits the amount of business interest expense that a taxpayer may deduct. This webinar will cover newly issued final and proposed Treasury regulations under section 163(j), with a focus… more

Business Expenses, Business Taxes, Continuing Legal Education, Controlled Foreign Corporations, Income Taxes

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John Michael

International Maritime Organization Approves Carbon Credit Scheme for Shipping

On April 11, 2025, the Marine Environment Protection Committee (“MEPC”) of the International Maritime Organization (“IMO”) announced the approval of a long-awaited framework to reduce greenhouse gas (“GHG”) emissions from the… more

Carbon Emissions, Climate Change, Environmental Policies, Greenhouse Gas Emissions, International Maritime Organization (IMO)

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Simon Michau

What Are States’ Legal Obligations In Relation To Climate Change?

The International Court of Justice has been asked to issue an advisory opinion on this question, and is currently hearing submissions from States, NGOs and international organisations. The International Court of Justice (“ICJ”),… more

Climate Change, General Assembly, International Court of Justice (ICJ), Paris Agreement, UNFCCC

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Evan Miller

First 100 Days of the New HSR Rules

One hundred days ago, sweeping revisions to the Hart-Scott-Rodino Act Premerger Notification Form took effect. The revisions have significantly increased the time and effort to prepare HSR filings and have led filing parties to… more

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

See all updates »

Sarah Mitchell

D&O Insurance Considerations for Going Public via SPAC: Are You Covered?

With more than 600 special purpose acquisition companies (“SPACs”) currently looking for merger partners, private companies are likely being courted by a number of SPAC suitors… more

Breach of Duty, Commercial Insurance Policies, D&O Insurance, Fiduciary Duty, Initial Public Offering (IPO)

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Patrick Mizell

Everything You Need to Know About Texas’s Business Courts

The newly-adopted Texas Business Courts open in September 2024. These courts will bolster the Texas judicial system by adding an efficient court that specializes in large commercial business disputes… more

Business Court, Business Disputes, Business Entities, Business Litigation, Commercial Court

See all updates »

Tiffany Monroy

SCOTUS Unanimously Resolves Securities Fraud Circuit Split

On April 12, 2024, the U.S. Supreme Court unanimously held that, in the absence of an otherwise misleading statement, a failure to disclose information required by Item 303 of Regulation S-K (“Item 303”) does not support a… more

Disclosure Requirements, Failure To Disclose, Financial Services Industry, Macquarie Infrastructure Corp v Moab Partners LP, Omissions

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Francisco Morales Barrón

Delaware Court of Chancery Dismisses Claims Relating to Sale of Company Against Private Equity Majority Owner

In the latest instance of a private equity seller vindicating contractual rights in the Delaware Court of Chancery, on April 30, Vice Chancellor Lori W. Will rejected attempts by minority LLC members in urgent care provider… more

Breach of Contract, Class Action, Contract Terms, Delaware, Fiduciary Duty

See all updates »

Matthew Moran

Everything You Need to Know About Texas’s Business Courts

The newly-adopted Texas Business Courts open in September 2024. These courts will bolster the Texas judicial system by adding an efficient court that specializes in large commercial business disputes… more

Business Court, Business Disputes, Business Entities, Business Litigation, Commercial Court

See all updates »

Sean Moran

One Big Beautiful Bill Signed into Law – Impact on IRA Tax Credits

On July 4, 2025, President Trump signed the “One Big Beautiful Bill Act” (H.R. 1 119th Congress) (“OBBB”) into law. OBBB made changes to various tax provisions – including tax rates, modification of treatment of state and local… more

Clean Energy, Energy Policy, Energy Tax Incentives, Inflation Reduction Act (IRA), New Legislation

See all updates »

Sarah Morgan

Summer 2025 V&E Quarterly Governance and Sustainability Updates

We have seen, a mere few months into President Trump’s second term, a remarkably transformational set of priorities across the federal government, which have had dramatic impacts on the private sector generally and public… more

Affirmative Action, Board of Directors, Corporate Governance, Diversity, Executive Orders

See all updates »

Mina Morova

Middle East International Dispute Resolution Compendium

To mark Riyadh International Disputes Week we wanted to share our Middle East International Dispute Resolution Compendium, which discusses recent developments in the dispute resolution landscape across the region including… more

Arbitration, Arbitrators, DIFC, Dispute Resolution, Dubai

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Kevin Moscon

BOEM Releases Tougher Financial Assurance Requirements for Offshore Oil and Gas Operations

New and additional bonding requirements for certain companies operating on the Outer Continental Shelf (“OCS”) will take effect in June as a result of a recent rulemaking. These new requirements will be phased in over a… more

BOEM, Credit Ratings, Offshore Lease, Offshore Wind, Oil & Gas

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Ron Nardini

IRS Releases Final Regulations Impacting FIRPTA Exemption for Domestically Controlled REITs

On April 24, 2024, the Treasury Department (“Treasury”) and the Internal Revenue Service (IRS) released final regulations (“Final Regulations”) under Section 897 of the Internal Revenue Code of 1986, as amended, addressing when… more

C-Corporation, Domestic Corporations, FIRPTA, Foreign Corporations, Foreign Governments

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Meghan Natenson

Two High Court Securities Cases Could Clarify Pleading Rules

In granting certiorari in Facebook Inc. v. Amalgamated Bank and Nvidia Corp. v. E. Ohman J:or Fonder AB, the U.S. Supreme Court signaled its intention to provide further guidance concerning application of the heightened standard… more

Certiorari, Deceptive Intent, Disclosure, Facebook, Form 10-K

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Andrew Nealon

Time to Talk Day Q&A: Andrew Nealon, Vinson & Elkins

For this year’s Time to Talk Day (1 February), which aims to encourage workplaces to start a conversation about mental health, we sat down with Vinson & Elkins energy and infrastructure partner Andrew Nealon (pictured) to… more

Business Development, Law Firm Associates, Law Practice Management, Mental Health

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Stacey Neumann Vu

2024 Chemicals & Energy Antitrust Report

The re-election of former President Donald J. Trump is poised to significantly alter the landscape of antitrust enforcement, particularly within the energy and chemical industries. While the incoming administration has yet to… more

Acquisitions, Antitrust Division, Antitrust Provisions, Artificial Intelligence, Bid Rigging

See all updates »

Milam Foster Newby

FinCEN Issues Interim Final Rule – BOI Reporting Obligations Narrowed to Foreign Reporting Companies and New Deadlines Issued

As we previously discussed and in alignment with the U.S. Treasury Department’s previous announcement, on March 21, 2025, the Financial Crimes Enforcement Network (“FinCEN”) issued an interim final rule that dramatically narrows… more

Beneficial Owner, Corporate Transparency Act, Filing Deadlines, Filing Requirements, FinCEN

See all updates »

Mackenzie Newman

SCOTUS Unanimously Resolves Securities Fraud Circuit Split

On April 12, 2024, the U.S. Supreme Court unanimously held that, in the absence of an otherwise misleading statement, a failure to disclose information required by Item 303 of Regulation S-K (“Item 303”) does not support a… more

Disclosure Requirements, Failure To Disclose, Financial Services Industry, Macquarie Infrastructure Corp v Moab Partners LP, Omissions

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Jon Niermann

Texas Progresses Toward CCS Primacy

This week, the U.S. Environmental Protection Agency (EPA) took the penultimate step to granting Texas the authority to directly issue Class VI permits under the Safe Drinking Water Act’s Underground Injection Control (UIC)… more

Carbon Capture and Sequestration, Energy Projects, Environmental Protection Agency (EPA), Government Agencies, Oil & Gas

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Liane Noble

Justice Department’s “Civil Rights Fraud Initiative” Increases False Claims Act Risks Related to Alleged Discrimination

On May 19, 2025, Deputy Attorney General Todd Blanche issued a memorandum announcing the creation of the Department of Justice’s (DOJ) Civil Rights Fraud Initiative (the Initiative), which directs DOJ attorneys to utilize the… more

Civil Rights Act, Colleges, Compliance, Department of Justice (DOJ), Discrimination

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Stephanie Noble

Brine Time: Texas’ Latest in Lithium Law

Lithium continues to be a rising star of the natural resources world, and Texas is working to stay on top of the legal issues related to the extraction of lithium from produced water and brine. In this update, we discuss three… more

Appeals, Judicial Authority, Minerals, New Legislation, New Rules

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Sergio Tellez Noguez

Texas Supreme Court Clarifies Ownership of Salt Caverns

On May 16, 2025, the Texas Supreme Court issued a decision ruling that, absent specific contractual language, surface owners retain ownership of the caverns created by salt mining operations. The issue of ownership of salt… more

Appeals, Contract Disputes, Energy Storage, Mineral Rights, Natural Gas

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Eamon Nolan

New Administration: Key Energy Issues Tied to Executive Orders

After little more than a week in office, there is still plenty of speculation, but priorities of the Trump 2.0 Administration are becoming more concrete. Issuance of three energy-focused Executive Orders (Unleashing American… more

Affirmative Action, Alaska, Climate Change, Department of Energy (DOE), Department of the Interior

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Jill O'Driscoll

Aviation Finance: The Outlook for Business in 2025

Entering 2025, the outlook for aviation is as bright as it has been since before 2020. Global passenger demand has returned to pre-Covid highs. Interest rates are falling in the United States and Europe. And aircraft trading is… more

Aircraft, Airlines, Asset Management, Asset-Backed Securities, Aviation Industry

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David Palmer Oelman

Q1 2024 Sustainable Debt Finance: Trends and Opportunities in an Area of Accelerated Growth

While 2022 showed that the sustainable debt market is not impervious to overall economic slow-down (particularly in the capital markets), 2023 demonstrated its resiliency, even in a high-interest rate market. Notwithstanding… more

Climate Change, Corporate Governance, Debt Financing, Documentation, Environmental Social & Governance (ESG)

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Russell Oshman

[Hybrid Event] Navigating Workout Discussions with Lenders – Trends from 2023 - November 9th, New York, NY

In this program, attorneys in Restructuring & Reorganization, Real Estate, and Tax will discuss commercial real estate loan workouts and amendments: the path most often taken by commercial real estate lenders in 2023 when a… more

Borrowers, Commercial Real Estate Contracts, Continuing Legal Education, Default, Events

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Jake Owen

Once More Unto the Breach: Navigating Supply Chain Disruption Amid the Trade Wars – a Construction Contract Checklist

The tectonic plates have shifted once again, this time with trade tariff announcements from the incoming Trump administration, sowing the seeds for another potential supply chain disruption event. In times like these owners,… more

Construction Contracts, Contract Modification, Contract Terms, Due Diligence, Force Majeure Clause

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Milton Padilla

Appeals Court Invalidates Key Parts of PHMSA’s 2022 Rulemaking on Natural Gas Safety

In a unanimous opinion, a panel of judges from the United States Court of Appeals for the District of Columbia Circuit (the “D.C. Circuit”) vacated four key aspects from a 2022 rulemaking by the Pipeline and Hazardous Materials… more

ANSI, Appellate Courts, Hazardous Substances, Natural Gas, PHMSA

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Kathy Pakenham

Congress Begins Taking Action to Nullify Biden-Era Tax Regulations

The opening days of the 119th U.S. Congress have been marked with congressional action under the Congressional Review Act (CRA) to potentially invalidate regulations that were issued by the Internal Revenue Service (IRS) in the… more

Biden Administration, Compliance, CRA, Decentralized Finance (DeFi), Financial Services Industry

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Mat Parente

Termination: Fortune May Favour the Brave (and Well-Prepared)

Termination of major construction contracts has traditionally been seen as a last resort, leading many parties to soldier on in bad situations given the potential risks of terminating. However, recently we have seen parties… more

Construction Contracts, Construction Industry, Construction Project, Contract Termination, Lenders

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Giuliano Parlascino

A New Era in Saudi Law: The Introduction of the Civil Code

The Kingdom of Saudi Arabia has embarked on a significant legal reform with the introduction of its first Civil Transactions Law (the “Civil Code”), which took effect on December 16, 2023. Originally published in Law Middle… more

Civil Code, Commercial Contracts, Contract Negotiations, Contract Terms, Contractual Safeguards

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Lauren-Emma Parrott

What is HALEU?

The United Kingdom has become the first county in Europe to invest in the next generation of nuclear fuel, promising to award £196 million to Urenco’s Capenhurst site in northwest England to support production of up to 10 tonnes… more

Clean Energy, Energy Sector, Next Generation, Nuclear Power, Renewable Fuel

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Rajesh Patel

Texas AG Targets Allstate in First Enforcement of Texas Data Privacy and Security Act

On January 13, 2025, Texas Attorney General Ken Paxton (“Texas AG”) filed the first-ever enforcement action under the Texas Data Privacy and Security Act (“TDPSA”) against insurance company Allstate and its subsidiary, Arity… more

Compliance, Consent, Consumer Privacy Rights, Data Collection, Data Privacy

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Danielle Mangrum Patterson

[Webinar] Unpacking the Freeze in Texas: Lessons Learned and a Path Forward - May 12th, 12:00 pm - 1:00 pm CT

While snow in Texas may be a photo-worthy diversion, the freezing temperatures experienced by the state in February caused power systems to crash while demand was at its peak. Problems cut across all sectors, from fossil fuels… more

Continuing Legal Education, Energy Sector, Fossil Fuel, Power Grid, Power Infrastructure

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David Peck

One Big Beautiful Bill Act: Key Tax Impacts for Businesses

On July 4, 2025, President Donald J. Trump signed the One Big Beautiful Bill Act (the “OBBBA”) into law. Congress passed the OBBBA through budget reconciliation, a special legislative process that allows Congress to advance… more

Alternative Minimum Tax, Base Erosion and Anti-Abuse Tax (BEAT), Budget Reconciliation, Business Taxes, Corporate Taxes

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Jessica Peet

SCOTUS in Purdue: Non-Debtor Third-Party Releases Are Not Permitted in Chapter 11 Plans Without Consent

On June 27, 2024, the United States Supreme Court (the “Supreme Court” or “Court”) rendered a 5-4 opinion in Harrington v. Purdue Pharma, L.P. that “the [B]ankruptcy [C]ode does not authorize a release and injunction that, as… more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Fraudulent Marketing, Non-Debtors

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Karina Pereira

California’s 2025 Abuse of Dominance Proposal: Redefining State-Level Antitrust Enforcement In The Fourth-Largest Economy on Earth

For decades, California enforcers and politicians have argued for state-level antitrust enforcement activity at a level commensurate with California’s $4.1 trillion economy, the largest state economy in the United States. Only… more

Abuse of Dominance, Acquisitions, Antitrust Litigation, Antitrust Provisions, California

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Christina Peterman

Delaware Supreme Court Holds MFW Requires Entirely Independent Committee

Thursday, in a much anticipated decision, the Delaware Supreme Court held in In re Match Group, Inc. Derivative Litigation1 that every member of a special committee must be independent in order to satisfy the MFW2 framework and… more

Business Judgment Rule, CFOs, Controlling Stockholders, DE Supreme Court, Directors

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Sam Phillips

Europe energy and infrastructure M&A: risks and opportunities in 2025

Although 2024 marked another challenging year for M&A globally, the European energy and infrastructure market showed signs of resilience in the face of persistent economic and geopolitical pressures. If the uncertainties driving… more

Acquisitions, Capital Markets, Capital Raising, Energy Projects, Energy Sector

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Christopher Popov

Texas Business Court Quarterly Update – Q1 and Q2 2025

As a part of Vinson & Elkins’ Texas Business Court Quarterly Update, the following update summarizes the Texas Business Court opinions—categorized by primary issue—that have been released since September 1, 2024 through the… more

Amount in Controversy, Breach of Contract, Breach of Duty, Business Court, Commercial Litigation

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Jason Powers

California’s 2025 Abuse of Dominance Proposal: Redefining State-Level Antitrust Enforcement In The Fourth-Largest Economy on Earth

For decades, California enforcers and politicians have argued for state-level antitrust enforcement activity at a level commensurate with California’s $4.1 trillion economy, the largest state economy in the United States. Only… more

Abuse of Dominance, Acquisitions, Antitrust Litigation, Antitrust Provisions, California

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Leah Powers

Actions for Corporations to Obtain the Benefits of Amendments to the Texas Business Organizations Code

On May 14, 2025, Texas Governor Abbott signed Senate Bill 29 (“S.B. 29”) into law, significantly reforming the Texas Business Organizations Code (“TBOC”) to promote Texas as a preferred state of incorporation for both public and… more

Board of Directors, Business Entities, Business Judgment Rule, Corporate Governance, Derivative Suit

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Lauryn Preheim

SEC Chairman Decrypts the Regulatory Future of Crypto Asset Markets

On May 12, 2025, the Chairman of the Securities and Exchange Commission (the “SEC” or the “Commission”), Paul Atkins, announced his plan to “develop a rational regulatory framework for crypto asset markets” during his keynote… more

Broker-Dealer, Cryptocurrency, Digital Assets, Enforcement Actions, Financial Regulatory Reform

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Hilary Preston

Hilary Preston, Vice Chair at Vinson & Elkins, Discusses Energy Innovation: Protecting Your Intellectual Property Portfolio

As energy reshapes industries and economies, the race for innovation—and the intellectual property behind it—has never been more competitive. Hilary Preston, Vice Chair at Vinson & Elkins unpacks the high-stakes intersection… more

Corporate Counsel, Energy Policy, Energy Sector, Innovative Technology, Intellectual Property Protection

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Aaron Prince

Power Play: The State of Electric Vehicle Charging Station Finance

Global sales of electric vehicles (“EVs”) more than doubled in 2021 over 2020, from 3 million to 6.6 million, and sales were up 60% in the first quarter of 2022 over the same period in 2021.1 With this explosive growth in the EV… more

Automotive Industry, Capital Markets, Charging Stations, Electric Vehicles, Infrastructure

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Matthew Pyeatt

SCOTUS in Purdue: Non-Debtor Third-Party Releases Are Not Permitted in Chapter 11 Plans Without Consent

On June 27, 2024, the United States Supreme Court (the “Supreme Court” or “Court”) rendered a 5-4 opinion in Harrington v. Purdue Pharma, L.P. that “the [B]ankruptcy [C]ode does not authorize a release and injunction that, as… more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Fraudulent Marketing, Non-Debtors

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Elizabeth Ramsey

Inside(r) Scoop: The DOJ Struggles to Prosecute Insider Trading

Amidst the government’s ongoing efforts to combat insider trading, a recent dismissal of criminal charges for insider trading gives new insight into this constantly evolving area of law. A federal judge recently dismissed… more

Department of Justice (DOJ), Enforcement Actions, Influencers, Insider Trading, Pump and Dump

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Angus Rankin

English Court of Appeal Dismisses Application for Judicial Review on Carbon Capture Project at Net Zero Teesside

In welcome news for developers and stakeholders in new carbon capture, utilization, and storage (CCUS) and fossil-fueled energy transition projects, on 22 May 2025, England’s Court of Appeal dismissed an application for judicial… more

Appeals, Carbon Capture and Sequestration, Climate Change, Energy Policy, Energy Projects

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Alex Rant

First 100 Days of the New HSR Rules

One hundred days ago, sweeping revisions to the Hart-Scott-Rodino Act Premerger Notification Form took effect. The revisions have significantly increased the time and effort to prepare HSR filings and have led filing parties to… more

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

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Rami Abdallah Rashmawi

First 100 Days of the New HSR Rules

One hundred days ago, sweeping revisions to the Hart-Scott-Rodino Act Premerger Notification Form took effect. The revisions have significantly increased the time and effort to prepare HSR filings and have led filing parties to… more

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

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Hoo Ray

Updates to IRA Tax Benefits Found in Senate Finance Committee Draft of 2025 Reconciliation Bill

In the afternoon of June 16, 2025, the Senate Finance Committee (“SFC”) released its proposed legislative text of the tax title for the “One Big Beautiful Bill,” H.R. Con. Res. 14, 119th Cong. (2025) (the “Reconciliation Bill”)… more

Energy Policy, Energy Sector, Energy Tax Incentives, Inflation Reduction Act (IRA), Investment Tax Credits

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Robert Reyes Landicho

Middle East International Dispute Resolution Compendium

To mark Riyadh International Disputes Week we wanted to share our Middle East International Dispute Resolution Compendium, which discusses recent developments in the dispute resolution landscape across the region including… more

Arbitration, Arbitrators, DIFC, Dispute Resolution, Dubai

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Robert Ritchie

Another Magnificent Seven Contemplates Texas: Will Meta Pursue Re-Domiciling in Texas After the Tripadvisor Decision?

The Wall Street Journal reported on January 31, 2025, that Meta Platforms Inc. (formerly Facebook) (NASDAQ: META) was considering a change of its state of incorporation from Delaware to Texas. Shortly afterward, the Delaware… more

Board of Directors, Business Entities, Business Litigation, Corporate Governance, Corporate Restructuring

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D. Alex Robertson

FinCEN Issues Interim Final Rule – BOI Reporting Obligations Narrowed to Foreign Reporting Companies and New Deadlines Issued

As we previously discussed and in alignment with the U.S. Treasury Department’s previous announcement, on March 21, 2025, the Financial Crimes Enforcement Network (“FinCEN”) issued an interim final rule that dramatically narrows… more

Beneficial Owner, Corporate Transparency Act, Filing Deadlines, Filing Requirements, FinCEN

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Tyler Robinson

Trump Executive Orders: Key Developments for Government Contractors

Change and uncertainty are among the words that come to mind when describing the government contracting industry in the early days of President Donald Trump’s second administration. Since taking office for the second time on… more

Contract Terms, Department of Defense (DOD), Executive Orders, Federal Acquisition Regulations (FAR), Federal Contractors

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Kelly Rondinelli

EPA Aims to Boost Biofuels Production in Proposed RFS Set 2 Rule

On June 17, 2025, the U.S. Environmental Protection Agency (“EPA”) published its proposed “Set 2” rule under the Renewable Fuel Standard (“RFS”) program (the “Set 2 Rule”). The Set 2 Rule proposes renewable volume obligations… more

Agribusiness, Biofuel, Charging Stations, Electric Vehicles, Energy Policy

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Chris Rowley

Texas Hold ‘Em: New Law Requires Proxy Advisors to Show Their Cards if “Nonpecuniary” Factors Guide Voting Recommendations

On June 20, 2025, Texas Governor Greg Abbott signed Senate Bill 2337 (“SB 2337”), a novel regulation that will require significant disclosure obligations for proxy advisors, such as ISS and Glass Lewis, for their voting… more

Corporate Governance, Disclosure Requirements, Diversity and Inclusion Standards (D&I), Environmental Social & Governance (ESG), Glass Lewis

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Scott Rubinsky

Watch What You Say: SEC Enforcement Scrutinizes Cybersecurity Incident Disclosures

On January 13, 2025, the Securities and Exchange Commission (“SEC”) filed a settled enforcement action against Ashford Inc. (“Ashford” or “the Company”), a company that provides products and services to the real estate and… more

Corporate Counsel, Cyber Incident Reporting, Cybersecurity, Data Breach, Data Privacy

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Brian Russell

IRS Internal Memorandum Questions NIL Collectives’ 501(c)(3) Tax-Exempt Status

The IRS recently issued an internal memorandum to the effect that many Name-Image-Likeness (NIL) collectives will not qualify for 501(c)(3) tax-exempt status, including those that had previously obtained tax exemption letters… more

501(c)(3), IRS, Name and Likeness, Student Athletes, Tax Exemptions

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Josh Rutenberg

Insights from the SEC Roundtable on Executive Compensation Disclosure Requirements

On June 26, 2025, the U.S. Securities and Exchange Commission (“SEC”) hosted a roundtable on executive compensation disclosure requirements. As noted in prior Insights, the SEC convened the roundtable to evaluate the… more

Board of Directors, CEOs, Corporate Governance, Disclosure Requirements, Dodd-Frank

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Kaam Sahely

Partners and Professors: Teaching Tomorrow’s Lawyers at Penn Carey Law School

Vinson & Elkins partners Jason Halper, Kaam Sahely, and Francisco J. Morales Barrón — adjunct professors at the University of Pennsylvania Carey Law School — sit down for conversation on why they teach and how they approach it… more

Artificial Intelligence, Climate Change, Compliance, Corporate Governance, Energy Sector

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Brett Santoli

The Fed Releases Additional Guidance, Forms And Agreements For Main Street Lending Program

On May 27, 2020, the Federal Reserve Bank of Boston released additional guidance in the form of revised Frequently Asked Questions (“FAQs”), along with forms and agreements, on the Main Street Lending Program… more

False Claims Act (FCA), Federal Reserve, Financial Stimulus, Main Street Lending Programs, Main Street New Loan Facility

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Mike Scarborough

California Looks to Crack Down on Algorithmic Pricing and Clarify Antitrust Pleading Standards

The California State Assembly recently unveiled legislation (“AB 325”) designed to strengthen California antitrust enforcement in two ways. First, the proposed statute would impose heavy restrictions on — and under some… more

Algorithms, Antitrust Litigation, Antitrust Provisions, California, Cartwright Act

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William Scherman

EPA Proposes to Repeal Biden-era Regulations Governing Air Toxic Emissions from Coal- and Oil-Fired Power Plants

On June 17, 2025, the U.S. Environmental Protection Agency (“EPA”) published a proposed rule to repeal the amendments to the Mercury and Air Toxics Standards (“MATS”) adopted by the Biden administration in 2024. These amendments… more

Air Pollution, Biden Administration, Carbon Emissions, Clean Air Act, Deregulation

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Mike Schiller

Section 337 Gets a Makeover: Federal Circuit Expands Economic Domestic Industry Criteria

The U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) recently issued a landmark decision in Lashify, Inc. v. International Trade Commission, expanding what expenditures count to prove the economic prong of the… more

Appeals, Intellectual Property Protection, International Trade, International Trade Commission (ITC), Patent Infringement

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Brian Schnapp

2024 Chemicals & Energy Antitrust Report

The re-election of former President Donald J. Trump is poised to significantly alter the landscape of antitrust enforcement, particularly within the energy and chemical industries. While the incoming administration has yet to… more

Acquisitions, Antitrust Division, Antitrust Provisions, Artificial Intelligence, Bid Rigging

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Nathan Schumacher

Dredging Ahead: Army Corps Proposes to Reissue Nationwide Permits

The federal government is continuing to implement President Donald Trump’s Unleashing American Energy mandate to promote domestic energy and infrastructure projects. On June 18, 2025, the U.S. Army Corps of Engineers published… more

Biden Administration, Clean Water Act, Endangered Species Act (ESA), Energy Projects, Environmental Assessments

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Wallace Schwartz

Be Careful with Letters of Credit

On March 10, 2023, the California Department of Financial Protection and Innovation closed Silicon Valley Bank, Santa Clara, California (“SVB”) and subsequently appointed the Federal Deposit Insurance Corporation (“FDIC”) as… more

Banks, Bridge Banks, California, Conservators, Department of Finance

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Robert Seber

Capital Commitment: A Billion-Plus for American Infrastructure

Vinson & Elkins Partners Robert Seber, David Peck, and Megan James, counsel to Ridgewood Infrastructure, share the story behind the private equity firm’s latest success and the legal work that went into it… more

Capital Formation, Capital Markets, Infrastructure, Investment, Investment Funds

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Marisa Secco Giles

Texas Business Court Quarterly Update – Q1 and Q2 2025

As a part of Vinson & Elkins’ Texas Business Court Quarterly Update, the following update summarizes the Texas Business Court opinions—categorized by primary issue—that have been released since September 1, 2024 through the… more

Amount in Controversy, Breach of Contract, Breach of Duty, Business Court, Commercial Litigation

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Craig Seebald

Navigating Antitrust Compliance: A Q&A with Vinson & Elkins’ Antitrust and Enforcement Leaders

At a recent Practising Law Institute (PLI) webinar on antitrust, over 250 legal professionals joined to hear from three antitrust leaders: Nicole Castle, Zach Terwilliger, and Craig Seebald. In this Q&A, they explore what’s… more

Antitrust Investigations, Antitrust Litigation, Antitrust Violations, Compliance, Dawn Raids

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James Seegers

Texas Supreme Court Clarifies Ownership of Salt Caverns

On May 16, 2025, the Texas Supreme Court issued a decision ruling that, absent specific contractual language, surface owners retain ownership of the caverns created by salt mining operations. The issue of ownership of salt… more

Appeals, Contract Disputes, Energy Storage, Mineral Rights, Natural Gas

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Allyson Seger

IRS Enforcement Revival: Could The Long Decline In Criminal And Fraud Enforcement Activity Be Coming To An End?

In his April 28, 2021 address, President Biden asked Congress to provide $80 billion of extra funding for the Internal Revenue Service (“IRS”) over the next decade. While the timing and amount of any additional funding are… more

Audits, CARES Act, Criminal Investigations, Department of Justice (DOJ), Enforcement

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Erik Shallman

Section 337 Gets a Makeover: Federal Circuit Expands Economic Domestic Industry Criteria

The U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) recently issued a landmark decision in Lashify, Inc. v. International Trade Commission, expanding what expenditures count to prove the economic prong of the… more

Appeals, Intellectual Property Protection, International Trade, International Trade Commission (ITC), Patent Infringement

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Eva Shen

New Year and New Administration: DOJ Races to Clear Its FCPA Docket Before the Trump Administration Begins

As we approach Inauguration Day on January 20, 2025, one question among anticorruption practitioners is how the Trump administration will handle enforcement of the Foreign Corrupt Practices Act (“FCPA”). In the meantime, we are… more

Anti-Corruption, Bribery, Corporate Crimes, Deferred Prosecution Agreements, Department of Justice (DOJ)

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Timbre Shriver

Delaware Court of Chancery Dismisses Claims Relating to Sale of Company Against Private Equity Majority Owner

In the latest instance of a private equity seller vindicating contractual rights in the Delaware Court of Chancery, on April 30, Vice Chancellor Lori W. Will rejected attempts by minority LLC members in urgent care provider… more

Breach of Contract, Class Action, Contract Terms, Delaware, Fiduciary Duty

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Nicholas Nathaniel Shum

Balancing Act: Lithium Extraction and a New Era of Legal Issues

As the world moves toward cleaner energy, lithium has become crucial, powering electric vehicles and renewable-energy storage systems. With lithium demand set to increase more than 40-fold by 2040, the race to extract this… more

Clean Energy, Fair Compensation, Mineral Exploration, Mineral Extraction, Mineral Leases

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Aamir Siddik

Mieco v. Pioneer: Interpreting NAESB Force Majeure Provisions in the Context of Winter Storm Uri

The North American Energy Standards Board (“NAESB”) Base Contract is the most commonly used form contract for physical purchases and sales of natural gas within the industry. It has existed in its current form since 2006;… more

Energy Contracts, Force Majeure Clause, NAESB, Natural Gas, Severe Weather

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Alyssa Sieja

EPA Aims to Boost Biofuels Production in Proposed RFS Set 2 Rule

On June 17, 2025, the U.S. Environmental Protection Agency (“EPA”) published its proposed “Set 2” rule under the Renewable Fuel Standard (“RFS”) program (the “Set 2 Rule”). The Set 2 Rule proposes renewable volume obligations… more

Agribusiness, Biofuel, Charging Stations, Electric Vehicles, Energy Policy

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Aaron Silberman

War on the Offshore – President Trump Restores Areas Withdrawn by President Biden from Offshore Drilling

A series of recent actions undertaken by President Biden, near the end of his term, and President Trump, in the early days of his presidency, have called into question a key issue under the Outer Continental Shelf Lands Act… more

Appeals, Biden Administration, Constitutional Challenges, Department of the Interior, Energy Policy

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Jake Silver

Four Key Predictions for FERC’s 2024 Electricity Agenda

Over the past few years, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) and the Department of Energy (“DOE”) have proposed many rules to support the Biden Administration’s push to build transmission… more

Department of Energy (DOE), Electricity, Energy Projects, Energy Sector, FERC

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Winston Skinner

Texas Supreme Court Clarifies Ownership of Salt Caverns

On May 16, 2025, the Texas Supreme Court issued a decision ruling that, absent specific contractual language, surface owners retain ownership of the caverns created by salt mining operations. The issue of ownership of salt… more

Appeals, Contract Disputes, Energy Storage, Mineral Rights, Natural Gas

See all updates »

Jeff Slusher

Treasury Quietly Changes Energy Community Guidance, Redefining Beginning of Construction Timing Rule

In what appears to have been an update to previously released guidance, the Department of Treasury (the “Treasury”) and Internal Revenue Service (the “IRS”) posted an unexpected update to Notice 2023-29 (the “Notice”) providing… more

CERCLA, Coal Mines, Energy Projects, Fossil Fuel, Investment Tax Credits

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Sarah Smati

DOJ’s Crackdown on Government Contractors/Defense Contractors: Best Practices for Responding to False Claims Act CIDs

In 2023, the Department of Justice (DOJ) achieved a record-breaking number of recoveries under the False Claims Act (“FCA”), underscoring its ongoing commitment to combating fraud against the federal government. Government… more

Coronavirus/COVID-19, Cybersecurity, Defense Contracts, Defense Sector, Department of Justice (DOJ)

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Quentin Smith

Texas Business Court Quarterly Update – Q1 and Q2 2025

As a part of Vinson & Elkins’ Texas Business Court Quarterly Update, the following update summarizes the Texas Business Court opinions—categorized by primary issue—that have been released since September 1, 2024 through the… more

Amount in Controversy, Breach of Contract, Breach of Duty, Business Court, Commercial Litigation

See all updates »

Caitlin Snelson

Sustainable Debt Finance: Trends and Opportunities in an Area of Accelerated Growth

The amount of money invested in Environmental, Social and Governance (ESG) funds has increased exponentially in the past year, and as banks and investors increasingly turn their attention to ESG factors, companies are also… more

Debt Financing, Environmental Social & Governance (ESG), Green Bonds, Green Loans, Investors

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Corinne Snow

War on the Offshore – President Trump Restores Areas Withdrawn by President Biden from Offshore Drilling

A series of recent actions undertaken by President Biden, near the end of his term, and President Trump, in the early days of his presidency, have called into question a key issue under the Outer Continental Shelf Lands Act… more

Appeals, Biden Administration, Constitutional Challenges, Department of the Interior, Energy Policy

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Jon Solorzano

Insights from the SEC Roundtable on Executive Compensation Disclosure Requirements

On June 26, 2025, the U.S. Securities and Exchange Commission (“SEC”) hosted a roundtable on executive compensation disclosure requirements. As noted in prior Insights, the SEC convened the roundtable to evaluate the… more

Board of Directors, CEOs, Corporate Governance, Disclosure Requirements, Dodd-Frank

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Jenny Speck

One Big Beautiful Bill Signed into Law – Impact on IRA Tax Credits

On July 4, 2025, President Trump signed the “One Big Beautiful Bill Act” (H.R. 1 119th Congress) (“OBBB”) into law. OBBB made changes to various tax provisions – including tax rates, modification of treatment of state and local… more

Clean Energy, Energy Policy, Energy Tax Incentives, Inflation Reduction Act (IRA), New Legislation

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Lande Alexandra Spottswood

The Evolving Role of ESG in M&A: Balancing Risks and Opportunities

Environmental, social, and governance (ESG) considerations are playing an increasingly important role in M&A transactions. In any given deal, however, it can be challenging to assess ESG factors, to perform ESG due diligence,… more

Acquisitions, Corporate Governance, Due Diligence, Environmental Social & Governance (ESG), Portfolio Companies

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Alexander Sprenger

Court Serves Up Early Victory to FTC in First Robinson-Patman Act Enforcement Action in Decades

On April 17, 2025, a federal district court denied a motion to dismiss the first government enforcement action brought in decades under the Robinson-Patman Act (“RPA”), a statute that prohibits price discrimination and other… more

Antitrust Litigation, Antitrust Violations, Class Action, Competition, Government Agencies

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Matthew Stammel

Everything You Need to Know About Texas’s Business Courts

The newly-adopted Texas Business Courts open in September 2024. These courts will bolster the Texas judicial system by adding an efficient court that specializes in large commercial business disputes… more

Business Court, Business Disputes, Business Entities, Business Litigation, Commercial Court

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Eli Sterbcow

A Stake in the Ground? — What the SEC’s Settlement With Kraken Tells Us About the Future of Crypto Regulation and Enforcement

On February 9, 2023, the Securities and Exchange Commission (“SEC”) announced settled charges against Payward Ventures, Inc. and Payward Trading, Ltd. (together, “Kraken”) for failure to “register the offer and sale of their… more

Cryptoassets, Cryptocurrency, Enforcement Actions, Investment, Securities and Exchange Commission (SEC)

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Scott Stiegler

What is HALEU?

The United Kingdom has become the first county in Europe to invest in the next generation of nuclear fuel, promising to award £196 million to Urenco’s Capenhurst site in northwest England to support production of up to 10 tonnes… more

Clean Energy, Energy Sector, Next Generation, Nuclear Power, Renewable Fuel

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David Harry Stone

[Webinar] Distressed Debt and Looming Maturities: Liability Management and Restructuring Strategies in the Time of COVID-19 - April 22nd, 12:00 pm - 1:00 pm CT

In this presentation, a cross-disciplinary panel of lawyers from our debt capital markets, restructuring, and tax practices will discuss methods for reducing debt balances, addressing impending debt maturities, and improving the… more

Capital Markets, Continuing Legal Education, Coronavirus/COVID-19, Debt Repurchasing, Debt Restructuring

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Luke Strieber

Quarterly Reporting From Quarantine: Looking Back And Looking Forward During COVID-19

As the first quarter earnings season kicks off over the next few weeks, public companies need to figure out how best to describe the effects of the novel coronavirus (COVID-19) crisis on their business, both in their historical… more

Business Closures, Coronavirus/COVID-19, Department of Health and Human Services (HHS), Public Readiness and Emergency Preparedness Act (PREP Act)

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Will Stripling

Takeaways From the Delaware Court of Chancery’s First Dismissal of MultiPlan-style SPAC Challenge

Since the Delaware Court of Chancery’s January 2022 decision in In re MultiPlan Corp. Stockholders Litigation,1 plaintiffs in Delaware had enjoyed a long and unbroken string of motion to dismiss victories in suits alleging that… more

Board of Directors, Books & Records, Breach of Duty, Business Model, Delaware

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W. Matthew Strock

Distribution Waterfalls: Three Nuances

Distribution waterfalls are ubiquitous in the private investment world. They determine participation in cash flows or profits that is not in proportion to invested capital such as the incentive element (aka “promote” or “carry”)… more

Capital Investments, Investment Management, Investors, Limited Liability Company (LLC), Portfolio Companies

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Christopher Strong

The MENA Region: A Momentous Market?

In this article, Chris Strong, Steven Wilson and Joe Brown* provide a market analysis of the LNG industry in the Middle East and North Africa region. In this article, Chris Strong, Steven Wilson and Joe Brown* provide a market… more

Africa, Egypt, Liquid Natural Gas, Middle East, Oil & Gas

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Matthew Struble

District Court in Virginia Continues Questioning of Third-Party Releases – At Least in the Absence of Detailed Findings of Necessity

Judge Colleen McMahon recently opined in Purdue1 that “the lower courts desperately need a clear answer” as to the validity of third-party releases. On January 13, 2022, the United States District Court for the Eastern District… more

Bankruptcy Court, Bankruptcy Plans, Chapter 11, Consent, Debtors

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Layton Suchma

Vinson & Elkins' Comment Letter Regarding SEC's Proposed Rules for Special Purpose Acquisition Companies (“SPACs”)

On March 30, 2022, the commissioners of the Securities and Exchange Commission (“SEC”) approved much-anticipated proposed rules relating to special purpose acquisition companies (“SPACs”)… more

Disclosure Requirements, Initial Public Offering (IPO), Proposed Rules, Securities and Exchange Commission (SEC), Special Purpose Acquisition Companies (SPACs)

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Lillian Sun

California’s Top Antitrust Enforcer Promises First Criminal Prosecutions in 25 Years

California Senior Assistant Attorney General Paula Blizzard announced that the California AG’s office will “reinvigorate” its dormant criminal enforcement of the Cartwright Act. For more than a century, California’s principal… more

Antitrust Division, California, Cartwright Act, Department of Justice (DOJ), Enforcement

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Ryan Sun

House Bill 40 Approved by the Texas Legislature—Expanding Business Court Jurisdiction and Operations

As an update to Vinson & Elkins’ prior coverage of House Bill 40 (“H.B. 40”)—new legislation that expands the jurisdiction and operations of the recently opened Texas business courts—both houses of the Texas Legislature approved… more

Business Court, Business Litigation, Commercial Litigation, Contract Disputes, Corporate Governance

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James Sutherland

One Big Beautiful Bill Act: Key Tax Impacts for Businesses

On July 4, 2025, President Donald J. Trump signed the One Big Beautiful Bill Act (the “OBBBA”) into law. Congress passed the OBBBA through budget reconciliation, a special legislative process that allows Congress to advance… more

Alternative Minimum Tax, Base Erosion and Anti-Abuse Tax (BEAT), Budget Reconciliation, Business Taxes, Corporate Taxes

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Zach Swartz

[CLE Hybrid Event] Alternative Investments in Commercial Real Estate: Preferred Equity and Mezzanine Debt Instruments - September 19th, New York, NY

Join Vinson & Elkins REIT and Real Estate partners, Brent Abbott, Executive Vice President, Head of Investments, Real Estate Division at Pacolet-Milliken, and Anthony Scavo, Chief Operating Officer at Basis Industrial, as they… more

Alternative Investment Funds, Capital Raising, Commercial Real Estate Market, Continuing Legal Education, Debt Instruments

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Laura Swett

FERC Settles Decade-Old Enforcement Allegations

In 2016, a new play called Hamilton was dominating Broadway, Pokémon Go was all the rage, and the Summer Olympics were held in Rio. Also that year, the Federal Energy Regulatory Commission (“Commission” or “FERC”) issued an… more

Administrative Law Judge (ALJ), Administrative Procedure Act, Constitutional Challenges, Energy Sector, Enforcement

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Jeffrey Swigart

Proposed Cybersecurity Regulation Uncertain Under Trump Administration

Proposed cybersecurity regulation may face changes or challenges in view of the incoming Trump administration that is intent on reducing the perceived regulatory burden on American companies and streamlining government… more

Covered Entities, Cyber Incident Reporting, Cyber Incident Reporting for Critical Infrastructure Act of 2022 (CIRCIA), Cybersecurity, Cybersecurity Information Sharing Act (CISA)

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Jamie Tabb

Trump Executive Orders: Key Developments for Government Contractors

Change and uncertainty are among the words that come to mind when describing the government contracting industry in the early days of President Donald Trump’s second administration. Since taking office for the second time on… more

Contract Terms, Department of Defense (DOD), Executive Orders, Federal Acquisition Regulations (FAR), Federal Contractors

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Kimberley Taieb

SIAC Rules 2025: A New Frontier in Interim Remedies?

The Singapore International Arbitration Centre’s (SIAC) latest edition of its Arbitration Rules came into effect on 1 January 2025 (SIAC Rules 2025). This is the seventh iteration of the rules and replaces the SIAC Rules 2016… more

Arbitration, Arbitration Agreements, Arbitration Awards, Contract Terms, Dispute Resolution

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Micah Tardy

FinCEN Issues Interim Final Rule – BOI Reporting Obligations Narrowed to Foreign Reporting Companies and New Deadlines Issued

As we previously discussed and in alignment with the U.S. Treasury Department’s previous announcement, on March 21, 2025, the Financial Crimes Enforcement Network (“FinCEN”) issued an interim final rule that dramatically narrows… more

Beneficial Owner, Corporate Transparency Act, Filing Deadlines, Filing Requirements, FinCEN

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Britton Taubenfeld

Delaware Supreme Court Decision Shows Continued Momentum for Caremark Plaintiffs

A recent opinion from the Delaware Supreme Court could be viewed by some as expanding plaintiffs’ ability to viably plead a duty of oversight (or “Caremark”) claim against directors. In Lebanon County Employees’ Retirement Fund… more

Board of Directors, Breach of Duty, Caremark claim, Controlled Substances Act, Corporate Counsel

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Christopher Taufatofua

LNG in Latin America: A Tale of Two Markets

Explore the challenges and opportunities in the LNG sector across Latin America and the Caribbean. Despite substantial gas reserves, the region is a net importer, with issues such as declining production, challenging terrains,… more

Caribbean, Exports, Hydrogen Power, Infrastructure, Investment

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Jaren Taylor

After the Storm: Public Utility Commission of Texas Adopts New Winter Weatherization Rule Requirements for ERCOT-based Generators and Transmission Service Providers

In the aftermath of Winter Storm Uri, the Texas Legislature passed Senate Bill 3, which, among other things, required the Public Utility Commission of Texas (“the Commission”) to adopt certain market-related rules. A key… more

Critical Infrastructure Sectors, Electricity, Emergency Management Plans, Energy Market, Public Utilities Commission

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Chelsea Teague

The Pipeline to Cyber Resilience: Biden’s Blueprint for Secure Digital Infrastructure

After a rash of significant cybersecurity breaches and ransomware attacks affecting a wide set of industries, ranging from pipelines to technology companies, the Biden administration released its much-anticipated National… more

Critical Infrastructure Sectors, Cybersecurity, Cybersecurity Information Sharing Act (CISA), Data Breach, Department of Energy (DOE)

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Michael Telle

The Wait is Over: SEC Adopts Share Repurchase Disclosure Modernization Rules

Final rules to modernize share repurchase disclosure will go into effect for the first periodic report that covers the first full fiscal quarter that begins on or after October 1, 2023. For calendar-year companies, that first… more

10b5-1 Plans, Broker Commissions, Disclosure Requirements, Final Rules, Securities and Exchange Commission (SEC)

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E. Phileda Tennant

Supreme Court Sides with Heterosexual Woman: Majority Plaintiffs and Minority Group Plaintiffs Alike Need the Same Evidence of Discrimination

On June 5, 2025—in the midst of heightened scrutiny of diversity, equity, and inclusion (“DEI”) initiatives triggered by executive orders issued by President Trump as well as various federal agency guidance—the Supreme Court… more

Ames v Ohio Department of Youth Services, Employment Discrimination, Employment Litigation, Equal Employment Opportunity Commission (EEOC), Executive Orders

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Kylie Terry

Middle East International Dispute Resolution Compendium

To mark Riyadh International Disputes Week we wanted to share our Middle East International Dispute Resolution Compendium, which discusses recent developments in the dispute resolution landscape across the region including… more

Arbitration, Arbitrators, DIFC, Dispute Resolution, Dubai

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G. Zachary Terwilliger

Navigating Antitrust Compliance: A Q&A with Vinson & Elkins’ Antitrust and Enforcement Leaders

At a recent Practising Law Institute (PLI) webinar on antitrust, over 250 legal professionals joined to hear from three antitrust leaders: Nicole Castle, Zach Terwilliger, and Craig Seebald. In this Q&A, they explore what’s… more

Antitrust Investigations, Antitrust Litigation, Antitrust Violations, Compliance, Dawn Raids

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Adam Thomas

First 100 Days of the New HSR Rules

One hundred days ago, sweeping revisions to the Hart-Scott-Rodino Act Premerger Notification Form took effect. The revisions have significantly increased the time and effort to prepare HSR filings and have led filing parties to… more

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

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Peter Thomas

DOJ Resumes FCPA Enforcement with a New “America First” Focus on Energy and Other Vital National Interests — Creating Opportunities for U.S. Companies to Seize

On June 9, 2025, Deputy Attorney General Todd Blanche announced that the U.S. Department of Justice (“DOJ” or the “Department”) will resume investigating and prosecuting violations of the U.S. Foreign Corrupt Practices Act (the… more

Bribery, Corruption, Department of Justice (DOJ), Enforcement Actions, Enforcement Priorities

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James Thompson III

Take Nothing: Delivering a Courtroom Masterclass

Two months in court, 1,700 miles from home, $100 million at stake. In this edition of V&E+, Vinson & Elkins partners Jim Thompson, Nick Shum, and Stephanie Noble share their story of a marathon trial — and how they emerged… more

Energy Projects, Joint Venture, Mineral Leases, Oil & Gas, Renewable Energy

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Haley Titcomb

Texas AG Targets Allstate in First Enforcement of Texas Data Privacy and Security Act

On January 13, 2025, Texas Attorney General Ken Paxton (“Texas AG”) filed the first-ever enforcement action under the Texas Data Privacy and Security Act (“TDPSA”) against insurance company Allstate and its subsidiary, Arity… more

Compliance, Consent, Consumer Privacy Rights, Data Collection, Data Privacy

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Grant Tolley

EPA Proposes to Repeal Biden-era Regulations Governing Air Toxic Emissions from Coal- and Oil-Fired Power Plants

On June 17, 2025, the U.S. Environmental Protection Agency (“EPA”) published a proposed rule to repeal the amendments to the Mercury and Air Toxics Standards (“MATS”) adopted by the Biden administration in 2024. These amendments… more

Air Pollution, Biden Administration, Carbon Emissions, Clean Air Act, Deregulation

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Michael Tomsu

Texas Renewables Roundup: 2025 Texas Legislature Update

The Texas Legislature has been debating several bills aimed at boosting dispatchable power in ERCOT while erecting new economic and permitting barriers for renewables. Texas lawmakers have expressed their growing concerns about… more

Energy Policy, Energy Projects, Energy Storage, Permits, Power Grid

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Madison Torrez

Texas Lassos Foreign Investment Regulation with Real Property Restrictions and Proposed “Texas Committee on Foreign Investment” - Updated 6.25.25

The Texas Legislature was active this Session in proposing and passing bills that seek to restrict foreign ownership of real estate and businesses in Texas. Before this session, Texas did not have state-level restrictions on… more

CFIUS, China, Constitutional Challenges, Enforcement, Foreign Investment

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Joclynn Townsend

[Webinar] Distressed Upstream Oil and Gas Transactions - December 3rd, 12:00 pm - 1:00 pm CT

This presentation provides a general overview of market changes that have occurred in the upstream oil and gas space in 2020. It further identifies alternative structures for acquiring or divesting distressed upstream oil and… more

363 Sales, Acquisitions, Commercial Bankruptcy, Continuing Legal Education, Distressed Assets

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Wendy Trahan Salinas

[Webinar] Tax in the COVID-19 Era: CARES Act Tax Relief and IRS Guidance - May 6th, 12:00 pm - 1:15 pm CT

CARES Act tax relief is designed to put cash in the pockets of taxpayers in distress. In this presentation, a panel of V&E’s tax and executive compensation lawyers will discuss how to maximize the benefit of these provisions,… more

CARES Act, Continuing Legal Education, Coronavirus/COVID-19, Employee Retention, IRS

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Patrick Traylor

EPA Proposes to Repeal Biden-era Regulations Governing Air Toxic Emissions from Coal- and Oil-Fired Power Plants

On June 17, 2025, the U.S. Environmental Protection Agency (“EPA”) published a proposed rule to repeal the amendments to the Mercury and Air Toxics Standards (“MATS”) adopted by the Biden administration in 2024. These amendments… more

Air Pollution, Biden Administration, Carbon Emissions, Clean Air Act, Deregulation

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Brandon Tuck

Dredging Ahead: Army Corps Proposes to Reissue Nationwide Permits

The federal government is continuing to implement President Donald Trump’s Unleashing American Energy mandate to promote domestic energy and infrastructure projects. On June 18, 2025, the U.S. Army Corps of Engineers published… more

Biden Administration, Clean Water Act, Endangered Species Act (ESA), Energy Projects, Environmental Assessments

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Darren Tucker

First 100 Days of the New HSR Rules

One hundred days ago, sweeping revisions to the Hart-Scott-Rodino Act Premerger Notification Form took effect. The revisions have significantly increased the time and effort to prepare HSR filings and have led filing parties to… more

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

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Shane Tucker

U.S. Supreme Court Denies Certiorari In The Sun Capital Case

On October 5, 2020, the U.S. Supreme Court denied certiorari in New England Teamsters and Trucking Industry Pension Fund v. Sun Capital Partners III, LP, et al.1 The Supreme Court’s decision not to review the First Circuit’s… more

Certiorari, Denial of Certiorari, Portfolio Companies, SCOTUS, Sun Capital Partners

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Caitlin Turner

Finance in Focus: Fostering a Forward-Thinking Practice

In this edition of V&E+, Vinson & Elkins Partners Caitlin Turner and Lucy Jenkins sit down for a conversation on the firm’s thriving Finance practice, the market trends they’re watching, and the career principles they live by… more

Acquisition Finance, Fundraisers, Lenders, Private Equity, Private Investment Funds

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Rob Tusch

Aviation Finance: The Outlook for Business in 2025

Entering 2025, the outlook for aviation is as bright as it has been since before 2020. Global passenger demand has returned to pre-Covid highs. Interest rates are falling in the United States and Europe. And aircraft trading is… more

Aircraft, Airlines, Asset Management, Asset-Backed Securities, Aviation Industry

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Kiran Vakamudi

In re Ultra Petroleum Corp. – Fifth Circuit: Debtors May Reject FERC-Approved Gas Transportation Agreements

In Federal Energy Regulatory Commission v. Ultra Resources, Inc. (In re Ultra Petroleum Corp.),1 a panel of the Fifth Circuit Court of Appeals (the “Fifth Circuit Panel”) provided valuable clarity regarding a 2004 decision in In… more

Bankruptcy Code, Breach of Contract, Chapter 11, Debtors, FERC

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Ryan Vanderlip

Endangered Species Regulation Under the New Administration

The incoming Trump Administration is expected to prioritize the rollback of Biden-era endangered species regulations, aiming to reduce the regulatory burden on land-intensive businesses and enhance energy independence. This… more

Endangered Species Act (ESA), Energy Sector, Environmental Policies, Legislative Agendas, Migratory Bird Treaty Act (MBTA)

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Francisco J. Vélez

Texas Lassos Foreign Investment Regulation with Real Property Restrictions and Proposed “Texas Committee on Foreign Investment” - Updated 6.25.25

The Texas Legislature was active this Session in proposing and passing bills that seek to restrict foreign ownership of real estate and businesses in Texas. Before this session, Texas did not have state-level restrictions on… more

CFIUS, China, Constitutional Challenges, Enforcement, Foreign Investment

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Viki Vozarova

Crux + Vinson & Elkins: Tax Credit Transfers 101: A Guide to the Essential Steps

Much has been written about the benefits of tax credit transfers following the passage of the Inflation Reduction Act (IRA), but questions remain as to how to actually effectuate a transfer. This how-to guide provides market… more

Energy Projects, Filing Requirements, Inflation Reduction Act (IRA), Investment Tax Credits, IRS

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Guy Waldron

Navigating New Tariffs: What Energy Project Developers Need to Know About Equipment Procurement and Supplier Negotiations

The recent tariffs imposed by the Trump administration mark a significant shift in U.S. trade policy that is expected to have a wide-ranging impact across multiple sectors, including in the energy sector. While the… more

Contract Negotiations, Energy Policy, Energy Projects, Imports, Renewable Energy

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William Wallander

SCOTUS in Purdue: Non-Debtor Third-Party Releases Are Not Permitted in Chapter 11 Plans Without Consent

On June 27, 2024, the United States Supreme Court (the “Supreme Court” or “Court”) rendered a 5-4 opinion in Harrington v. Purdue Pharma, L.P. that “the [B]ankruptcy [C]ode does not authorize a release and injunction that, as… more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Fraudulent Marketing, Non-Debtors

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Robin Wallich

Aviation Finance: The Outlook for Business in 2025

Entering 2025, the outlook for aviation is as bright as it has been since before 2020. Global passenger demand has returned to pre-Covid highs. Interest rates are falling in the United States and Europe. And aircraft trading is… more

Aircraft, Airlines, Asset Management, Asset-Backed Securities, Aviation Industry

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Daniel Wallmuth

Heightened False Claims Act Enforcement Risks Highlight the Importance of Compliance

Despite signs of a retrenchment in some of the traditional areas of white collar enforcement under the Trump administration, the U.S. Department of Justice’s (“DOJ”) enforcement of the civil False Claims Act (“FCA”) appears… more

Customs and Border Protection, Cybersecurity, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

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Monique Watson

Unleashing American Energy: Energy-Focused Executive Orders

On April 8 and 9, 2025, President Donald Trump issued five Presidential Actions (four Executive Orders and one Proclamation, collectively “Presidential Actions”) for the purposes of ensuring adequate and reliable energy… more

Climate Change, Coal Industry, Constitutional Challenges, Energy Policy, Energy Sector

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Todd Way

Treasury Releases Guidance and GREET Model for the Section 45Z Clean Fuel Production Credit

On January 10, 2025, the Treasury Department (the “Treasury”) and the Internal Revenue Service (the “Service”) continued their flurry of new guidance by releasing IRS Notice 2025-10 (the “Notice”) concerning the clean fuel… more

Clean Energy, Clean Fuels Program (CFP), Department of Energy (DOE), Energy Sector, Energy Tax Incentives

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Jess Webster

English Court of Appeal Dismisses Application for Judicial Review on Carbon Capture Project at Net Zero Teesside

In welcome news for developers and stakeholders in new carbon capture, utilization, and storage (CCUS) and fossil-fueled energy transition projects, on 22 May 2025, England’s Court of Appeal dismissed an application for judicial… more

Appeals, Carbon Capture and Sequestration, Climate Change, Energy Policy, Energy Projects

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Hill Wellford

First 100 Days of the New HSR Rules

One hundred days ago, sweeping revisions to the Hart-Scott-Rodino Act Premerger Notification Form took effect. The revisions have significantly increased the time and effort to prepare HSR filings and have led filing parties to… more

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

See all updates »

Greg Wells

2024 Chemicals & Energy Antitrust Report

The re-election of former President Donald J. Trump is poised to significantly alter the landscape of antitrust enforcement, particularly within the energy and chemical industries. While the incoming administration has yet to… more

Acquisitions, Antitrust Division, Antitrust Provisions, Artificial Intelligence, Bid Rigging

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Ephraim Wernick

DOJ Resumes FCPA Enforcement with a New “America First” Focus on Energy and Other Vital National Interests — Creating Opportunities for U.S. Companies to Seize

On June 9, 2025, Deputy Attorney General Todd Blanche announced that the U.S. Department of Justice (“DOJ” or the “Department”) will resume investigating and prosecuting violations of the U.S. Foreign Corrupt Practices Act (the… more

Bribery, Corruption, Department of Justice (DOJ), Enforcement Actions, Enforcement Priorities

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Tzvi Werzberger

[Webinar] Navigating Oil & Gas Securitization Transactions - September 14th, 12:00 pm - 1:00 pm CT

In this presentation, we will discuss the innovative and practical financing strategies involved in asset-backed financings of oil and gas assets. We will discuss benefits/considerations of these transactions; comparison of… more

Asset-Backed Securities, Continuing Legal Education, Energy Sector, Financing, Oil & Gas

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Lincoln Wesley

Difficult Decisions About Cloned Discovery Can Leave Companies Seeing Double

Companies in the midst of government investigations and enforcement actions often must contend with follow-on civil litigation stemming from the same issues. Indeed, due to differing standards of proof, companies that are able… more

Commercial Litigation, Depositions, Discovery, e-Discovery, Electronically Stored Information

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Morgan Whittlesey

Executive Compensation Under the New Administration

President-elect Donald Trump’s impending return to power on January 20, 2025, has created uncertainty and challenges for proxy advisory firms, such as ISS and Glass Lewis, which provide voting recommendations to investors on… more

Compensation & Benefits, Corporate Governance, Dodd-Frank, Environmental Social & Governance (ESG), Executive Compensation

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David Wicklund

[Webinar] Navigating Oil & Gas Securitization Transactions - September 14th, 12:00 pm - 1:00 pm CT

In this presentation, we will discuss the innovative and practical financing strategies involved in asset-backed financings of oil and gas assets. We will discuss benefits/considerations of these transactions; comparison of… more

Asset-Backed Securities, Continuing Legal Education, Energy Sector, Financing, Oil & Gas

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George Wilkinson Jr.

EPA Proposes Rules to Expand its PFAS Authority Under RCRA

On February 8, 2024, the Environmental Protection Agency (EPA) published two proposed rules that would expand its regulatory authority over PFAS: one to list nine PFAS as hazardous constituents subject to the Resource… more

CERCLA, Contamination, Environmental Protection Agency (EPA), EPCRA, Hazardous Substances

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Ryan Will

First 100 Days of the New HSR Rules

One hundred days ago, sweeping revisions to the Hart-Scott-Rodino Act Premerger Notification Form took effect. The revisions have significantly increased the time and effort to prepare HSR filings and have led filing parties to… more

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

See all updates »

Connor Wilson

The Trump Tariff Regime Brings Risks of Criminal and Civil False Claims Act Enforcement

On April 2, 2025, President Donald Trump announced a new tariff regime under the International Emergency Economic Powers Act of 1977 (“IEEPA”), citing national security concerns. This regime includes a 10 percent baseline tariff… more

Criminal Prosecution, Customs and Border Protection, Enforcement Actions, False Claims Act (FCA), Imports

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Steven Wilson

Europe energy and infrastructure M&A: risks and opportunities in 2025

Although 2024 marked another challenging year for M&A globally, the European energy and infrastructure market showed signs of resilience in the face of persistent economic and geopolitical pressures. If the uncertainties driving… more

Acquisitions, Capital Markets, Capital Raising, Energy Projects, Energy Sector

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Curt Wimberly

One Big Beautiful Bill Act: Key Tax Impacts for Businesses

On July 4, 2025, President Donald J. Trump signed the One Big Beautiful Bill Act (the “OBBBA”) into law. Congress passed the OBBBA through budget reconciliation, a special legislative process that allows Congress to advance… more

Alternative Minimum Tax, Base Erosion and Anti-Abuse Tax (BEAT), Budget Reconciliation, Business Taxes, Corporate Taxes

See all updates »

Lawrence Winsor

Avoiding Investor Pitfalls in Complex Construction Financing Arrangements

The frontier for construction project investment continues to grow – not just geographically and technologically – but also structurally, in the legal sense. Both equity and debt investors can employ a variety of complex… more

Construction Contracts, Construction Industry, Construction Project, Contractors, Creditors

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Adriana Wirtz

Tax Law (and Controversy) Under the Trump Administration

As it releases executive orders with unprecedented speed, the Trump administration has begun executing its vision for the United States and the world. This article addresses some of the tax-related topics likely to be the focus… more

Income Taxes, Inflation Reduction Act (IRA), Internal Revenue Code (IRC), IRS, Tariffs

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Louise Woods

Regulating the Depths: International and Domestic Developments in Deep-sea Mining

As global demand for critical minerals intensifies — driven by the energy transition, technological innovation, and geopolitical competition — deep-sea mining has emerged as a potential frontier in resource development. At the… more

Executive Orders, International Trade, Minerals, National Security, NOAA

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Paige Wright

[Webinar] Energy Transition: Leveraging Intellectual Property - September 4th, 12:00 pm - 1:00 pm CT

Join Eric Klein and Paige Wright as they speak on “Energy Transition: Leveraging Intellectual Property.” The energy industry is experiencing massive transformation as incentives grow to invest in green technologies. This… more

Continuing Legal Education, Energy Market, Energy Projects, Energy Sector, Green Energy

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Bob Wu

Handcuffs If Your Hand is Out: New Anti-Corruption Law Finally Criminalizes the Solicitation of Bribes By Foreign Officials

In a long overdue move to fill a perceived gap in U.S. law, this year’s National Defense Authorization Act included a new law that will finally criminalize the solicitation of bribes by foreign officials… more

Anti-Bribery, Anti-Corruption, FEPA, Foreign Corrupt Practices Act (FCPA), NDAA

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Lary Yau

Aviation Finance: The Outlook for Business in 2025

Entering 2025, the outlook for aviation is as bright as it has been since before 2020. Global passenger demand has returned to pre-Covid highs. Interest rates are falling in the United States and Europe. And aircraft trading is… more

Aircraft, Airlines, Asset Management, Asset-Backed Securities, Aviation Industry

See all updates »

Craig Zieminski

Series of Delaware Court of Chancery Decisions Highlights Importance of Earnout Drafting

In recent months, the Delaware Court of Chancery has decided four significant cases regarding merger agreement earnout provisions. Most notably, in one of the largest judgments ever awarded by the Court, it found Johnson &… more

Breach of Contract, Buyers, Commercially Reasonable Efforts, Damages, Delaware General Corporation Law

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Sara Zoglman

Fifth Circuit Holds Debtor’s Alleged Bad Faith Dealings Do Not Negate Business Judgment Deference on Lease Rejection

In Matter of J.C. Penney Direct Marketing Services, L.L.C.,1 the United States Fifth Circuit Court of Appeals clarified the extremely deferential standard afforded to a debtor’s “business judgment” decision to reject an… more

Bad Faith, Bankruptcy Code, Bankruptcy Court, Chapter 11, Debtors

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Nonku Zondo

Is the African Mining Sector Ready to Respond to the Opportunities Offered by the Energy Transition?

With the global surge in demand for critical minerals, the security of supply has become paramount. With its vast mineral reserves, Africa is poised to play a leading role in the energy transition. The continent’s potential is… more

Africa, Energy Sector, Environmental Social & Governance (ESG), Inflation Reduction Act (IRA), Investment

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Steven Zundell

SCOTUS in Purdue: Non-Debtor Third-Party Releases Are Not Permitted in Chapter 11 Plans Without Consent

On June 27, 2024, the United States Supreme Court (the “Supreme Court” or “Court”) rendered a 5-4 opinion in Harrington v. Purdue Pharma, L.P. that “the [B]ankruptcy [C]ode does not authorize a release and injunction that, as… more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Fraudulent Marketing, Non-Debtors

See all updates »