Bracewell LLP

Contact
Share
Info
711 Louisiana Street
Suite 2300
Houston, Texas 77002-2770, United States
Phone: (713) 221-1165
Fax: 1.800.404.3970
Areas Of Practice
  • Administrative Law
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Class Action
  • Commercial Law & Contracts
  • Construction Law
  • Debtor/Creditor
  • Education
  • Elections & Politics
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Immigration Law
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Maritime Law
  • Mergers & Acquisitions
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Wills, Trusts, & Estate Planning
See more
Locations
Other U.S. Locations
  • Connecticut
  • D.C.
  • New York
  • Texas
  • Washington
Other Countries
  • United Arab Emirates
  • United Kingdom
Number of Attorneys
400+ Attorneys

Now There Are 10: The Texas Data Privacy and Security Act

Texas has joined the nine other states that have comprehensive data privacy laws after Governor Greg Abbott signed the Texas Data Privacy and Security Act (the “TDPSA”). Subject to exemptions, the TDPSA applies to any entity…more

Consumer Privacy Rights, Data Privacy, Data Security, Governor Abbott, Personal Information

See all updates »

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

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

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

See all updates »

SEC Modernizes Beneficial Ownership Reporting

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

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

See all updates »

Privacy Shield Invalidated by ECJ

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

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

See all updates »

SEC Updates Statistical Disclosure Requirements for Banking Registrants

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

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

See all updates »

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

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

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

See all updates »

Beyond Whistleblowing: Additional Highlights From the Department of Justice at the 2024 ABA White Collar Conference

As we wrote earlier this month, the Department of Justice (DOJ) made significant news at the recent American Bar Association White Collar Conference. But the Department didn’t stop at announcing its pilot whistleblower incentive…more

Advanced Notice of Proposed Rulemaking (ANPRM), American Bar Association (ABA), Data Protection, Deferred Prosecution Agreements, Department of Justice (DOJ)

See all updates »

FERC Proposes Overhaul of Interconnection Procedures

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

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

See all updates »

Revisiting Force Majeure and Other Contractual Considerations Amid COVID-19

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

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

See all updates »

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

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

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

See all updates »

SEC Approves PCAOB's New Rules on Auditor Reports

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

Amended Rules, Audit Reports, Auditors, Audits, Disclosure

See all updates »

FINRA Facts and Trends: March 2024

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

Artificial Intelligence, Dispute Resolution, Enforcement Actions, Financial Industry Regulatory Authority (FINRA), Financial Regulatory Reform

See all updates »

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

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

Acquisitions, Arbitration, Deadlines, Energy Sector, Licenses

See all updates »

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

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

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

See all updates »

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

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

Final Rules, IRS, Minerals, Moratorium, Natural Gas

See all updates »

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

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

Acquisitions, Competition, Exemptions, Fines, Merger Controls

See all updates »

The ENRC Saga – Not Just a UK Concern

On 21 December 2023, Mr Justice Waksman handed down his judgment in the second trial of the Eurasian Natural Resources Corporation (ENRC) saga. The judgment, along with its earlier companions, is extraordinary in many ways and…more

Bribery, Criminal Conspiracy, Criminal Investigations, Democratic Republic of Congo, Disclosure Requirements

See all updates »

PRG Pulse 2022 Post-Election Analysis

The Big Picture - Congressional Overview - American voters delivered a decidedly mixed message to Washington on Tuesday, seemingly handing Republicans narrow control of the U.S. House of Representatives and a nominal check on…more

Affordable Care Act, American Rescue Plan Act of 2021, Biden Administration, Carbon Capture and Sequestration, Clean Energy

See all updates »

Third Circuit Provides Guidance on Reviewability of Constructive Approvals Resulting From FERC Deadlocks in PJM Focused-MOPR Appeal

On December 1, 2023, the U.S. Court of Appeals for the Third Circuit held that outcomes by operation of law caused by deadlocks among the members of the Federal Energy Regulatory Commission (FERC or Commission) are judicially…more

Appeals, Federal Power Act, FERC, New Guidance, Reviewability Determinations

See all updates »

FERC Renews Focus on Order No. 860 Database Compliance

Federal Energy Regulatory Commission’s (“FERC’s”) Order No. 860 required all entities authorized by FERC to sell electric energy, capacity, and/or ancillary services at market-based rates (“MBR Sellers”) to submit baseline…more

Compliance, Data Collection, Databases, Energy Sector, FERC

See all updates »

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

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

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

See all updates »

PRG Pulse 2022 Post-Election Analysis

The Big Picture - Congressional Overview - American voters delivered a decidedly mixed message to Washington on Tuesday, seemingly handing Republicans narrow control of the U.S. House of Representatives and a nominal check on…more

Affordable Care Act, American Rescue Plan Act of 2021, Biden Administration, Carbon Capture and Sequestration, Clean Energy

See all updates »

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

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

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

See all updates »

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

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

Hydrocarbons, Mineral Leases, Oil & Gas, Well Drilling

See all updates »

US Supreme Court: Highly Compensated Oilfield Workers Entitled to Overtime

In a closely watched case, the United States Supreme Court held today that a tool pusher in the oil & gas industry, who was paid a day rate of at least $963.00 per day, was not exempt from the overtime provisions of the Fair…more

Fair Labor Standards Act (FLSA), Highly Compensated Employees, Minimum Salary, Oil & Gas, Over-Time

See all updates »

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

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

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

See all updates »

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

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

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

See all updates »

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

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

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

See all updates »

Treasury and IRS Issue Proposed Regulations With Respect to Clean Hydrogen Credits Under Sections 45V and 48 of the Internal Revenue Code

On December 22, 2023, the Department of the Treasury and the Internal Revenue Service (IRS) released a notice of proposed rulemaking and notice of public hearing containing proposed regulations (Proposed Regulations) with…more

Clean Energy, Department of Energy (DOE), Energy Tax Incentives, Greenhouse Gas Emissions, Hydrogen Power

See all updates »

Singing the Same Claim Construction Tune: USPTO Adopts Federal Court Claim Construction Standard for AIA Proceedings

On October 11, 2018, the United States Patent and Trademark Office (USPTO) published notice of a final rule change adopting the claim construction standard applied by federal courts for use by the Patent Trial and Board (PTAB)…more

America Invents Act, Broadest Reasonable Interpretation Standard, Claim Construction, Covered Business Method Proceedings, Final Rules

See all updates »

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

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

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

See all updates »

CSB Releases Guidance on Accidental Release Reporting

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

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

See all updates »

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

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

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

See all updates »

EPA Proposes Changes to Risk Management Plan Rules

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

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

See all updates »

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

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

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

See all updates »

New CFPB Rules Threaten More Consumer Class Actions Against Financial Institutions

Recently, the Consumer Financial Protection Bureau (CFPB) announced that it is seeking public comment on proposed rules that would significantly change two aspects of consumer finance dispute resolution…more

Arbitration Agreements, Class Action Arbitration Waivers, Consumer Contracts, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB)

See all updates »

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

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

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

See all updates »

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

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

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

See all updates »

Re-Calculating Patent Term Adjustments Once Again

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

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

See all updates »

Federal Contractors Beware: New Hiring Restrictions Proposed on Companies Doing Business With the Federal Government

Earlier this week, the Federal Acquisition Regulatory Council proposed a new rule that would amend the Federal Acquisition Regulation (FAR) to impose new restrictions on federal contractors and subcontractors, including: (1)…more

Compensation, Disclosure Requirements, Federal Acquisition Regulations (FAR), Federal Contractors, Good Faith

See all updates »

PRG Pulse 2022 Post-Election Analysis

The Big Picture - Congressional Overview - American voters delivered a decidedly mixed message to Washington on Tuesday, seemingly handing Republicans narrow control of the U.S. House of Representatives and a nominal check on…more

Affordable Care Act, American Rescue Plan Act of 2021, Biden Administration, Carbon Capture and Sequestration, Clean Energy

See all updates »

Beyond Whistleblowing: Additional Highlights From the Department of Justice at the 2024 ABA White Collar Conference

As we wrote earlier this month, the Department of Justice (DOJ) made significant news at the recent American Bar Association White Collar Conference. But the Department didn’t stop at announcing its pilot whistleblower incentive…more

Advanced Notice of Proposed Rulemaking (ANPRM), American Bar Association (ABA), Data Protection, Deferred Prosecution Agreements, Department of Justice (DOJ)

See all updates »

Class Actions Begin: Plaintiffs Target Banks for PPP Loan Processing

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

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

See all updates »

FERC Finalizes Interconnection Queue Reforms

On July 28, 2023, following up on its June 2022 Notice of Proposed Rulemaking (“Generator Interconnection Reform NOPR”), the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued its long-awaited rulemaking order,…more

Advanced Notice of Proposed Rulemaking (ANPRM), FERC, ISOs, Notice Requirements, OATT

See all updates »

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

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

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

See all updates »

Federal Judge Rules Corporate Transparency Act Is Unconstitutional: Takeaways and Next Steps

On March 1, 2024, the US District Court for the Northern District of Alabama granted summary judgment to Issac Winkles and the National Small Business Association (NSBA), holding that the Corporate Transparency Act (CTA) is…more

Alabama, Compliance, Corporate Transparency Act, Enforcement, Filing Deadlines

See all updates »

The Investment Tax Credit for Offshore Wind Projects: A Second Look at the Proposed Regulations under Section 48

On November 22, 2023, the Internal Revenue Service and Treasury Department released proposed regulations (the Proposed Regulations) relating to the investment tax credit (the ITC) under Section 48 of the Internal Revenue Code of…more

FERC, Internal Revenue Code (IRC), Investment, Investment Tax Credits, IRS

See all updates »

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

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

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

See all updates »

PRG Pulse 2022 Post-Election Analysis

The Big Picture - Congressional Overview - American voters delivered a decidedly mixed message to Washington on Tuesday, seemingly handing Republicans narrow control of the U.S. House of Representatives and a nominal check on…more

Affordable Care Act, American Rescue Plan Act of 2021, Biden Administration, Carbon Capture and Sequestration, Clean Energy

See all updates »

SEC Leaders Ask Municipal Issuers for Voluntary COVID-19 Disclosure

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

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

See all updates »

Supermajors, dividends and the energy transition

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

Dividends, Oil & Gas, Shell Oil

See all updates »

Biden Administration Prioritizes Increased and Broadened Anti-Corruption Enforcement

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

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

See all updates »

Texas Governor Allows Temporary Suspension of Certain Open Meeting Statutes

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

Coronavirus/COVID-19, Telecommuting, Texas, Videoconference

See all updates »

FINRA Facts and Trends: March 2024

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

Artificial Intelligence, Dispute Resolution, Enforcement Actions, Financial Industry Regulatory Authority (FINRA), Financial Regulatory Reform

See all updates »

COVID-19 Impact on US Renewable Energy Projects

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

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

See all updates »

President Trump Extends and Expands Visa Restrictions

On June 22, 2020, President Donald Trump issued a proclamation extending and expanding existing restrictions on visas to enter the U.S. The White House also released a factsheet in connection with the proclamation, and that…more

Chamber of Commerce, Coronavirus/COVID-19, H-1B, H-2B, Immigration

See all updates »

The ENRC Saga – Not Just a UK Concern

On 21 December 2023, Mr Justice Waksman handed down his judgment in the second trial of the Eurasian Natural Resources Corporation (ENRC) saga. The judgment, along with its earlier companions, is extraordinary in many ways and…more

Bribery, Criminal Conspiracy, Criminal Investigations, Democratic Republic of Congo, Disclosure Requirements

See all updates »

Post-Election Update 2016

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

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

See all updates »

What is AI Washing? The SEC’s Latest Target

Is AI the new green? Recent comments by Securities and Exchange Commission Chair Gary Gensler suggest the regulator is primed to begin turning its enforcement efforts against so-called “AI washing,” presenting a new area of risk…more

Artificial Intelligence, Corporate Governance, Corporate Social Responsibility, Disclosure, Enforcement Actions

See all updates »

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

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

Acquisitions, Arbitration, Deadlines, Energy Sector, Licenses

See all updates »

Supreme Court “Clarifies” Employer Duty to Make Religious Accommodations

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

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

See all updates »

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

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

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

See all updates »

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

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

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

See all updates »

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

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

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

See all updates »

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

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

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

See all updates »

Eight Key Amendments of the 2022 ICSID Arbitration Rules

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

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

See all updates »

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

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

Banks, Blockchain, Collateral, Cryptocurrency, Hackers

See all updates »

Pregnant Workers Fairness Act: Long Anticipated Final Rule Published by the EEOC

The U.S. Equal Employment Opportunity Commission (EEOC) issued its final rule and interpretive guidance implementing the Pregnant Workers Fairness Act (PWFA), which became law on June 27, 2023. Employers previously relied on the…more

Employee Rights, Employees, Employer Liability Issues, Employment Policies, Equal Employment Opportunity Commission (EEOC)

See all updates »

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

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

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

See all updates »

SEC Sends Warning Shot on COVID-Impact Disclosures

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

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

See all updates »

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

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

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

See all updates »

Cruisin' for a Bluesin': Timeless Titans Tangle Over Smart-Car Technology Brands

Two titans of the American automotive industry are locking horns over branding for automated driving technologies, underscoring the importance of brand clearance before marketing and selling a new product or technology. GM and…more

Automated Transportation, Automotive Industry, Intellectual Property Protection, Smart Car, Trademark Infringement

See all updates »

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

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

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

See all updates »

Federal Judge Rules Corporate Transparency Act Is Unconstitutional: Takeaways and Next Steps

On March 1, 2024, the US District Court for the Northern District of Alabama granted summary judgment to Issac Winkles and the National Small Business Association (NSBA), holding that the Corporate Transparency Act (CTA) is…more

Alabama, Compliance, Corporate Transparency Act, Enforcement, Filing Deadlines

See all updates »

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

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

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

See all updates »

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

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

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

See all updates »

Beyond Whistleblowing: Additional Highlights From the Department of Justice at the 2024 ABA White Collar Conference

As we wrote earlier this month, the Department of Justice (DOJ) made significant news at the recent American Bar Association White Collar Conference. But the Department didn’t stop at announcing its pilot whistleblower incentive…more

Advanced Notice of Proposed Rulemaking (ANPRM), American Bar Association (ABA), Data Protection, Deferred Prosecution Agreements, Department of Justice (DOJ)

See all updates »

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

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

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

See all updates »

OECD announces Amendment to Arrangement on Officially Supported Export Credits

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

Exports, Infrastructure, OECD, Request for Proposals

See all updates »

Supreme Court Upholds EPA's Cross State Air Pollution Rule (CSAPR)

In a 6-2 decision, the United States Supreme Court upheld EPA's justification for the Cross State Air Pollution Rule (CSAPR), breathing life back into the rule that had been vacated by the DC Circuit. The Court made several…more

Air Pollution, Clean Air Act, Cross-State Air Pollution, Environmental Policies, Environmental Protection Agency (EPA)

See all updates »

The Multi-Sector Fuel Dilemma

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

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

See all updates »

Eight Key Amendments of the 2022 ICSID Arbitration Rules

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

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

See all updates »

Africa Energy Update

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

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

See all updates »

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

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

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

See all updates »

FTC Announces 2024 Increase in HSR Notification Thresholds and Filing Fees

The Federal Trade Commission (FTC) has announced the annual revisions to the Hart-Scott-Rodino Antitrust Improvements Act (HSR Act) thresholds and HSR filing fees, which will become effective on March 6, 2024. The revised…more

Acquisitions, Antitrust Provisions, Federal Trade Commission (FTC), Filing Fees, Hart-Scott-Rodino Act

See all updates »

SEC Approves Nasdaq Board Diversity Requirements

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

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

See all updates »

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

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

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

See all updates »

Offshore Wind Litigation: Court Denies Fishing Groups’ Challenge to Major Offshore Wind Project

Judge Indira Talwani of the US District Court for the District of Massachusetts has rejected another challenge to federal permits and approvals for the Vineyard Wind Project (Vineyard Wind or the Project). Vineyard Wind is under…more

Administrative Procedure Act, BOEM, Clean Water Act, Endangered Species Act (ESA), Fishing Industry

See all updates »

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

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

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

See all updates »

PRG Pulse 2022 Post-Election Analysis

The Big Picture - Congressional Overview - American voters delivered a decidedly mixed message to Washington on Tuesday, seemingly handing Republicans narrow control of the U.S. House of Representatives and a nominal check on…more

Affordable Care Act, American Rescue Plan Act of 2021, Biden Administration, Carbon Capture and Sequestration, Clean Energy

See all updates »

FERC Enforcement – What to Expect in 2015

The Federal Energy Regulatory Commission’s (FERC’s) Office of Enforcement (Enforcement) recently released its annual report on enforcement activities for 2014. As is typical, Enforcement identified its primary concerns as…more

Annual Reports, CFTC, Energy Market, Enforcement Actions, Enforcement Statistics

See all updates »

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

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

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

See all updates »

FINRA Facts and Trends: March 2024

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

Artificial Intelligence, Dispute Resolution, Enforcement Actions, Financial Industry Regulatory Authority (FINRA), Financial Regulatory Reform

See all updates »

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

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

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

See all updates »

The Multi-Sector Fuel Dilemma

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

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

See all updates »

Fifth Circuit Expands Title VII Exposure for Employers

On August 18, 2023, in Hamilton v. Dallas County, the US Court of Appeals for the Fifth Circuit, sitting en banc, expanded the circumstances under which an employer can be held liable for disparate treatment under Title VII of…more

Anti-Discrimination Policies, Appeals, Civil Rights Act, De Minimus Doctrine, Employment Discrimination

See all updates »

PRG Pulse 2022 Post-Election Analysis

The Big Picture - Congressional Overview - American voters delivered a decidedly mixed message to Washington on Tuesday, seemingly handing Republicans narrow control of the U.S. House of Representatives and a nominal check on…more

Affordable Care Act, American Rescue Plan Act of 2021, Biden Administration, Carbon Capture and Sequestration, Clean Energy

See all updates »

SBA Issues Fresh Guidance and Streamlined Forgiveness Application

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

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

See all updates »

Decarbonising the LNG Industry: The Pressure is On

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

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

See all updates »

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

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

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

See all updates »

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

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

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

See all updates »

TSA Revises Cybersecurity Directive for Critical Pipeline and LNG Facilities

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

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

See all updates »

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

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

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

See all updates »

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

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

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

See all updates »

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

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

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

See all updates »

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

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

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

See all updates »

Post-Election Update 2016

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

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

See all updates »

DOJ to Prosecutors: Think Twice and Ask Permission Before Charging

Last week, Attorney General Merrick Garland issued a new DOJ charging and sentencing policy memorandum, replacing existing guidance to federal prosecutors in their exercise of prosecutorial discretion. The thrust of the…more

Attorney General, Department of Justice (DOJ), Federal Prosecutors, Financial Crimes, Sentencing

See all updates »

Federal Judge Rules Corporate Transparency Act Is Unconstitutional: Takeaways and Next Steps

On March 1, 2024, the US District Court for the Northern District of Alabama granted summary judgment to Issac Winkles and the National Small Business Association (NSBA), holding that the Corporate Transparency Act (CTA) is…more

Alabama, Compliance, Corporate Transparency Act, Enforcement, Filing Deadlines

See all updates »

Post-Election Update 2018

2018 MIDTERMS: The Power of Women, Possibility, and Partisan Rancor - The 2018 midterm elections showcased the power of women, both as candidates and as a key voting demographic. The elections represented a new political…more

Affordable Care Act, Attorney General, Climate Change, Department of Energy (DOE), Energy Sector

See all updates »

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

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

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

See all updates »

Third Circuit Provides Guidance on Reviewability of Constructive Approvals Resulting From FERC Deadlocks in PJM Focused-MOPR Appeal

On December 1, 2023, the U.S. Court of Appeals for the Third Circuit held that outcomes by operation of law caused by deadlocks among the members of the Federal Energy Regulatory Commission (FERC or Commission) are judicially…more

Appeals, Federal Power Act, FERC, New Guidance, Reviewability Determinations

See all updates »

Treasury and IRS Issue Proposed Regulations With Respect to Clean Hydrogen Credits Under Sections 45V and 48 of the Internal Revenue Code

On December 22, 2023, the Department of the Treasury and the Internal Revenue Service (IRS) released a notice of proposed rulemaking and notice of public hearing containing proposed regulations (Proposed Regulations) with…more

Clean Energy, Department of Energy (DOE), Energy Tax Incentives, Greenhouse Gas Emissions, Hydrogen Power

See all updates »

SEC Proposes New Rules Requiring Universal Proxy Cards

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

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

See all updates »

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

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

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

See all updates »

Pregnant Workers Fairness Act: Long Anticipated Final Rule Published by the EEOC

The U.S. Equal Employment Opportunity Commission (EEOC) issued its final rule and interpretive guidance implementing the Pregnant Workers Fairness Act (PWFA), which became law on June 27, 2023. Employers previously relied on the…more

Employee Rights, Employees, Employer Liability Issues, Employment Policies, Equal Employment Opportunity Commission (EEOC)

See all updates »

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

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

Banks, Blockchain, Collateral, Cryptocurrency, Hackers

See all updates »

SEC Notches Win in Cryptocurrency Registration Battle

Scoring a victory for the Securities and Exchange Commission in its efforts to qualify digital tokens as securities, a New Hampshire federal court ruled this week that tokens sold by LBRY Inc., known as LBC, are securities and…more

Blockchain, Cryptocurrency, Digital Currency, Enforcement, Investment

See all updates »

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

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

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

See all updates »

Senate Considers FERC's Role in Hydrogen Pipeline Development

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

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

See all updates »

Don't Panic-Buy Your Cyber Policy: Evaluating New Approaches to Cyber Risk

Panic-buying made a post-pandemic comeback when a critical channel for gasoline, diesel, and jet-fuel was forced shut down in the wake of a ransomware attack. Suddenly, gas became the new toilet paper: a treasured commodity…more

Cyber Attacks, Cyber Insurance, Cybersecurity, Data Breach, Department of Justice (DOJ)

See all updates »

What is AI Washing? The SEC’s Latest Target

Is AI the new green? Recent comments by Securities and Exchange Commission Chair Gary Gensler suggest the regulator is primed to begin turning its enforcement efforts against so-called “AI washing,” presenting a new area of risk…more

Artificial Intelligence, Corporate Governance, Corporate Social Responsibility, Disclosure, Enforcement Actions

See all updates »

TSA Revises Cybersecurity Directive for Critical Pipeline and LNG Facilities

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

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

See all updates »

Storage Wars: Ownership of Subsurface Salt Cavern Storage Rights

Underground salt caverns are commonly used for the storage of liquids including liquefied hydrocarbons. These caverns are created by solution mining of salt from inside underground salt formations and could play a pivotal role…more

Appeals, Carbon Capture and Sequestration, Energy Sector, Hydrocarbons, Oil & Gas

See all updates »

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

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

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

See all updates »

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

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

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

See all updates »

LIBOR LATEST - A Temporary Reprieve for USD LIBOR?

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

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

See all updates »

PRG Pulse 2022 Post-Election Analysis

The Big Picture - Congressional Overview - American voters delivered a decidedly mixed message to Washington on Tuesday, seemingly handing Republicans narrow control of the U.S. House of Representatives and a nominal check on…more

Affordable Care Act, American Rescue Plan Act of 2021, Biden Administration, Carbon Capture and Sequestration, Clean Energy

See all updates »

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

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

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

See all updates »

The UK National Security and Investment Act: Key Implications for the Energy Sector

The UK’s National Security and Investment Act 2021 (the “Act”) entered into force on 4 January 2022, introducing a new investment control regime for acquisitions in the UK, with the aim of protecting the UK’s national…more

Energy Sector, Foreign Investment, Infrastructure, National Security, Notice Requirements

See all updates »

Preserving NAFTA Legacy Rights Requires Immediate Action

Investors from the United States, Mexico or Canada in the territory of one of the other two investment hosting states, who may have been adversely affected by the host government’s measures, need to act by the end of March 2023…more

Arbitration, Cross-Border, Investors, NAFTA, United States-Mexico-Canada Agreement (USMCA)

See all updates »

Navigating Compliance Trends With a Roadmap to a Corporate Culture of Integrity

The Department of Justice has published — and continues to update and emphasize — a set of practical guidelines on what it views as an effective compliance program and how it makes decisions about bringing charges and evaluating…more

Artificial Intelligence, Compliance, Corporate Culture, Cryptocurrency, Department of Justice (DOJ)

See all updates »

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

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

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

See all updates »

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

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

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

See all updates »

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

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

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

See all updates »

TCEQ Accepting Comments on Proposed Changes to Penalty Policy

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

Civil Monetary Penalty, Environmental Violations, Proposed Standards, Texas

See all updates »

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

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

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

See all updates »

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

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

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

See all updates »

FERC Proposes To Limit Availability Of Tariff Waivers

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

FERC, Tariffs, Waivers

See all updates »

Biden Administration Finalizes Redefinition of "Waters of the United States"

On December 30, 2022, the Environmental Protection Agency and the United States Army Corps of Engineers announced their finalization of the agencies’ redefinition of the Clean Water Act’s “waters of the United States” phrase, or…more

Biden Administration, Clean Water Act, Code of Federal Regulations (CFR), Environmental Protection Agency (EPA), Navigable Waters

See all updates »

Now There Are 10: The Texas Data Privacy and Security Act

Texas has joined the nine other states that have comprehensive data privacy laws after Governor Greg Abbott signed the Texas Data Privacy and Security Act (the “TDPSA”). Subject to exemptions, the TDPSA applies to any entity…more

Consumer Privacy Rights, Data Privacy, Data Security, Governor Abbott, Personal Information

See all updates »

The 2023 AIEN Model Form JOA Placing ESG issues at the heart of oil and gas operations

On 16 February 2023, the Association of International Energy Negotiators (“AIEN”, formerly the Association of International Petroleum Negotiators or AIPN) published an updated version of its model form joint operating agreement…more

Anti-Bribery, Anti-Corruption, Decommissioned Facilities, Economic Sanctions, Energy Sector

See all updates »

Keep Quiet and Carry On under the EU Trade Secrets Directive

Much as the recent U.S. Defend Trade Secrets Act establishes uniform federal trade secrets protections across the states, the EU Trade Secrets Directive (the “Directive”) harmonizes similar protections across its Member States…more

Confidential Information, Cybersecurity, Employee Rights, EU, EU Trade Secrets Directive

See all updates »

SEC Modernizes Beneficial Ownership Reporting

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

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

See all updates »

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

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

Appeals, Arbitration, Arbitration Agreements, Arbitrators, Contract Terms

See all updates »

The Investment Tax Credit for Offshore Wind Projects: A Second Look at the Proposed Regulations under Section 48

On November 22, 2023, the Internal Revenue Service and Treasury Department released proposed regulations (the Proposed Regulations) relating to the investment tax credit (the ITC) under Section 48 of the Internal Revenue Code of…more

FERC, Internal Revenue Code (IRC), Investment, Investment Tax Credits, IRS

See all updates »

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

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

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

See all updates »

The COVID-19 Change Order

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

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

See all updates »

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

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

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

See all updates »

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

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

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

See all updates »

PRG Pulse 2022 Post-Election Analysis

The Big Picture - Congressional Overview - American voters delivered a decidedly mixed message to Washington on Tuesday, seemingly handing Republicans narrow control of the U.S. House of Representatives and a nominal check on…more

Affordable Care Act, American Rescue Plan Act of 2021, Biden Administration, Carbon Capture and Sequestration, Clean Energy

See all updates »

What is AI Washing? The SEC’s Latest Target

Is AI the new green? Recent comments by Securities and Exchange Commission Chair Gary Gensler suggest the regulator is primed to begin turning its enforcement efforts against so-called “AI washing,” presenting a new area of risk…more

Artificial Intelligence, Corporate Governance, Corporate Social Responsibility, Disclosure, Enforcement Actions

See all updates »

Commerce Unveils Preliminary Findings of Solar Tariff Probe

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

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

See all updates »

Third Circuit Provides Guidance on Reviewability of Constructive Approvals Resulting From FERC Deadlocks in PJM Focused-MOPR Appeal

On December 1, 2023, the U.S. Court of Appeals for the Third Circuit held that outcomes by operation of law caused by deadlocks among the members of the Federal Energy Regulatory Commission (FERC or Commission) are judicially…more

Appeals, Federal Power Act, FERC, New Guidance, Reviewability Determinations

See all updates »

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

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

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

See all updates »

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

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

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

See all updates »

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

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

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

See all updates »

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

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

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

See all updates »

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

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

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

See all updates »

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

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

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

See all updates »

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

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

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

See all updates »

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

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

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

See all updates »

EPA Proposes Changes to Risk Management Plan Rules

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

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

See all updates »

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

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

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

See all updates »

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

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

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

See all updates »

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

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

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

See all updates »

Patentee's Day of Thanks Comes in Early November: Assessment of the USPTO's Recent Memorandum Regarding Patent Eligibility for Software Claims

A recent U.S. Patent & Trademark Office (USPTO) memorandum to the Patent Examining Corps, in combination with precedential cases from the Federal Circuit, provides positive guidance to owners of software patents and patent…more

CLS Bank v Alice Corp, Computer-Related Inventions, Judicial Exception, Myriad-Mayo, Patent-Eligible Subject Matter

See all updates »

PRG Pulse 2022 Post-Election Analysis

The Big Picture - Congressional Overview - American voters delivered a decidedly mixed message to Washington on Tuesday, seemingly handing Republicans narrow control of the U.S. House of Representatives and a nominal check on…more

Affordable Care Act, American Rescue Plan Act of 2021, Biden Administration, Carbon Capture and Sequestration, Clean Energy

See all updates »

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

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

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

See all updates »

Commerce Unveils Preliminary Findings of Solar Tariff Probe

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

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

See all updates »

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

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

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

See all updates »

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

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

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

See all updates »

Trump Administration Publishes Final Revisions to NEPA Regulations

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

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

See all updates »

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

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

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

See all updates »

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

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

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

See all updates »

Texas Governor Allows Temporary Suspension of Certain Open Meeting Statutes

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

Coronavirus/COVID-19, Telecommuting, Texas, Videoconference

See all updates »

The COVID-19 Change Order

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

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

See all updates »

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

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

Foreign Markets, Generic, Lanham Act, SCOTUS, Trademarks

See all updates »

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

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

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

See all updates »

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

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

Acquisitions, Competition, Exemptions, Fines, Merger Controls

See all updates »

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

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

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

See all updates »

PRG Pulse 2022 Post-Election Analysis

The Big Picture - Congressional Overview - American voters delivered a decidedly mixed message to Washington on Tuesday, seemingly handing Republicans narrow control of the U.S. House of Representatives and a nominal check on…more

Affordable Care Act, American Rescue Plan Act of 2021, Biden Administration, Carbon Capture and Sequestration, Clean Energy

See all updates »

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide

JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and companies and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

- hide