Bracewell LLP

DOJ Releases New Guidance on Compliance Programs

On February 8, 2017, the Fraud Section of the Department of Justice (“DOJ”) quietly published pointed and specific guidance on how it assesses – and intends to assess – compliance programs in a report titled “Evaluation of…more
| Business Organizations, Criminal Law

President Signs Repeal of the SEC's Extraction Payment Disclosure Rule

Further to our February 2, 2017 Update, on February 14 the President signed legislation to annul the SEC’s Extraction Payment Disclosure Rule. The rule would have required public oil and gas companies to disclose in annual…more
| Commercial Law & Contracts, Energy & Utilities, Environmental Law, International Law & Trade, Securities Law

Shareholders Seeking Books and Records Must Demonstrate Credible Basis to Infer Wrongdoing

On February 2, 2017, the Delaware Court of Chancery reaffirmed that shareholders seeking to inspect the books and records of Delaware corporations must demonstrate a credible basis to infer corporate wrongdoing. Accusations…more
| Business Organizations, Civil Procedure, Securities Law

To Obtain Data Abroad, Government Just Googles It

As technology companies expand globally they increasingly are storing customer electronic data in servers outside the United States. To keep apace, the Justice Department has become more creative in adapting existing legal…more
| Constitutional Law, Consumer Protection, Criminal Law, Privacy, Science, Computers, & Technology

President Trump Takes First Steps On Dodd-Frank Reform

Last week, the Trump Administration took initial action toward Dodd-Frank reform. President Trump signed two Presidential actions—one Executive Order regarding the Dodd-Frank Act more broadly, and one Presidential Memorandum…more
| Elections & Politics, Finance & Banking, Labor & Employment Law

White House Issues Interim Guidance Memo on Implementation of "Two-for-One" Executive Order On Regulations, Invites Public Comment

On February 2, 2017, the Acting Administrator of the Office of Information and Regulatory Affairs (“OIRA”) issued a guidance document (the “Interim Guidance”) intended to help clarify President Trump’s January 30, 2017 Executive…more
| Administrative Law, Elections & Politics, Energy & Utilities, Environmental Law

The New Issue Price Regulations: The Good, the Bad and the Ugly

Late last year, the Treasury Department released final Treasury Regulations (the “New Regulations”) relating to the “issue price” of tax-exempt bonds, effective for bonds sold after June 7, 2017. Because the changes imposed by…more
| Commercial Law & Contracts, Finance & Banking, Taxation

House Votes to Invalidate Extraction Payment Disclosure Rule

On February 1, 2017, the U.S. House of Representatives passed House Joint Resolution 41 to annul the Extraction Payment Disclosure Rule. The rule would require oil and gas companies to disclose in annual reports for fiscal years…more
| Commercial Law & Contracts, Elections & Politics, Energy & Utilities, International Law & Trade, Securities Law

SEC's New Rule Requires Additional Disclosures on Form ADV

On January 12, 2017, the SEC’s Office of Compliance Inspections and Examinations (“OCIE”) published its 2017 examination priorities.1 OCIE’s 2017 priorities, which largely mirror its 2016 priorities, cover three areas: (1)…more
| Business Organizations, Consumer Protection, Privacy, Science, Computers, & Technology, Securities Law

2017 Increase in HSR Notification Thresholds

The Federal Trade Commission (FTC) has announced the annual revisions to the Hart-Scott-Rodino Antitrust Improvements Act (HSR Act) thresholds, which will become effective on February 27, 2017. The revised thresholds will apply…more
| Antitrust & Trade Regulation, Business Organizations, Commercial Law & Contracts, Mergers & Acquisitions

Modern Enforcement: Rolls-Royce’s $800 Million Global Settlement

Rolls-Royce plc, a UK-based company that manufactures engines and generators for the aerospace, defense, marine, and energy sectors, has agreed to pay over $800 million to resolve parallel investigations by U.S., UK, and…more
| Business Organizations, Criminal Law, Energy & Utilities, Government Contracting, International Law & Trade

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
| Business Organizations, Elections & Politics, Energy & Utilities, Finance & Banking, Taxation

Management Contracts Safe Harbors Revisited – IRS Releases Updated Guidance (Again)

Demonstrating the “user-friendly” side of the IRS, on January 17, 2017, the IRS released Revenue Procedure 2017-13 (“Rev. Proc. 2017-13”) (available here) to address many (but not all) of the comments received on the rather…more
| Commercial Law & Contracts, Finance & Banking, Real Estate - Commercial, Taxation

NY Expands Jurisdictional Reach Over Foreign Banks Using Correspondent Accounts

The New York Court of Appeals recently gave a leg-up to plaintiffs seeking to hale foreign banks before New York state courts, clarifying that the use of a New York-based correspondent account could, under certain circumstances,…more
| Business Torts, Civil Procedure, Finance & Banking, International Law & Trade

Final Issue Price Regulations Significantly Change Current Rules

On December 9, 2016, the IRS released final Treasury Regulations (the “Final Regulations”) relating to the “issue price” of tax-exempt bonds for purposes of arbitrage investment restrictions. Although, on balance, an…more
| Commercial Law & Contracts, Finance & Banking, Taxation
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