Author Info for Bracewell LLP

Anissa Adas

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

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

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

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Deryck Van Alstyne

Department of Labor’s Final Salary Rule Dramatically Increases Scope of Overtime Eligibility

The US Department of Labor (DOL) released its highly awaited final overtime rule. The final rule dramatically increases salary threshold among for “white collar” employees to be exempt from overtime under the Fair Labor…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Final Rules, Highly Compensated Employees

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Danielle Altink

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

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

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

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William Anderson

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

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

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

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Jeffrey Andrews

Privacy Shield Invalidated by ECJ

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

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

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Shannon Baldwin

SEC Updates Statistical Disclosure Requirements for Banking Registrants

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

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

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David Ball

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

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

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

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Margaret Beasley

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)

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Molly Behan

FERC Proposes Overhaul of Interconnection Procedures

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

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

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W. Stephen Benesh

Revisiting Force Majeure and Other Contractual Considerations Amid COVID-19

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

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

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Bradley Benoit

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

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

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

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W. Jared Berg

SEC Approves PCAOB's New Rules on Auditor Reports

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

Amended Rules, Audit Reports, Auditors, Audits, Disclosure

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Keith Blackman

FINRA Facts and Trends: April 2024

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

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

See all updates »

Adam Blythe

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

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

Acquisitions, Arbitration, Deadlines, Energy Sector, Licenses

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Nicole Boeckmann

Creating an Army of In-House Investigators

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

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

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Jameela Bond

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

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

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

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Gregory Bopp

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

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

Final Rules, IRS, Minerals, Moratorium, Natural Gas

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Amelia Bowring

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

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

Acquisitions, Competition, Exemptions, Fines, Merger Controls

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Stephen Braga

Creating an Army of In-House Investigators

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

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

See all updates »

Joseph Brazauskas

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

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Gary Bridgens

California’s Offshore Wind Strategy Is Coming Into Focus

California currently deploys almost 35 GW of renewable energy but expects another 148 GW of renewables will be needed to meet the state’s overarching 2045 clean energy goals. To fill this gap, California expects offshore wind to…more

California, Clean Energy, Infrastructure, Investment, Offshore Wind

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Michael Brooks

Order No. 1920: Building for the Future Through Electric Regional Transmission Planning and Cost Allocation - Landmark Order Substantively Expands Planning Obligations for Transmission Providers

On May 13, 2024, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued a landmark final rule implementing transmission planning and cost allocation reforms intended to promote the more efficient and…more

Chevron v NRDC, Compliance, Electricity, FERC, Final Rules

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Ian Brown

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

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

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

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Rebecca Brown

PRG 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

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Sara Burgin

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

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

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

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Molly Butkus

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

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

Hydrocarbons, Mineral Leases, Oil & Gas, Well Drilling

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Leslie Selig Byrd

Department of Labor’s Final Salary Rule Dramatically Increases Scope of Overtime Eligibility

The US Department of Labor (DOL) released its highly awaited final overtime rule. The final rule dramatically increases salary threshold among for “white collar” employees to be exempt from overtime under the Fair Labor…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Final Rules, Highly Compensated Employees

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Olivia Caddy

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

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

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

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Kenni Callahan

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

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

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

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Alistair Calvert

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

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

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

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Benjamin Cantor

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

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

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

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Brad Chin

USPTO Lights the Way for AI Inventions to Shine

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

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

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Jason Cohen

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

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

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

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Kevin Collins

CSB Releases Guidance on Accidental Release Reporting

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

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

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Daniel Connolly

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

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

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

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Annie Cook

EPA Proposes Changes to Risk Management Plan Rules

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

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

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Steven Cook

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

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

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

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Stephen Crain

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

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

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

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Joshua Cunningham

Offshore Wind Litigation: First Circuit Affirms Dismissal of Challenges Against Vineyard Wind

The US Court of Appeals for the First Circuit has affirmed the dismissal of two legal challenges to the Vineyard Wind 1 project (the Project). On April 24 and April 25, 2024, the same panel of First Circuit judges issued…more

Appeals, BOEM, Clean Power Plan, Endangered Species Act (ESA), National Marine Fisheries Service

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Nancy McEvily Davis

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

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

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

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Henry Day

Forced Enforcement? The Fine Line in the CFTC’s Approach to Market Manipulation

On 27 August 2024, a Swiss commodity trader entered into a settlement agreement for $48 million with the US Commodity Futures Trading Commission (“CFTC”) in relation to alleged market manipulation charges. This case, rooted in…more

CFTC, Compliance, Contract Terms, Enforcement, Market Manipulation

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Suzanne Day

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

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

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

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Kirsty Delaney

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

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

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

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Mark Dendinger

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

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

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

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Keith Derrington

Re-Calculating Patent Term Adjustments Once Again

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

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

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Amber Dodds

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

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

Biometric Information, Consent, Facebook, Penalties, Reasonable Care

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Liam Donovan

PRG Pulse 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

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Seth DuCharme

Greenwashing: Emerging Compliance and Cross-Border Legal Risks

Greenwashing, or the use of green ‘claims’ to improve a business’ or product’s environmental credentials with consumers, has come under significant scrutiny in recent years. Both the Advertising Standards Authority and the…more

Compliance, Cross-Border, Enforcement, Fraud, Greenwashing

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Bryan Dumesnil

Class Actions Begin: Plaintiffs Target Banks for PPP Loan Processing

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

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

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Theodore Duver

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

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

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

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Chase Edmunds

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

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

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

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Caroline E. Ellis

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

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Kevin Ewing

Chevron Overturned: No Judicial Deference to Agencies in Interpreting Statutes

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

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

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George Fatula

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

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

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

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George Felcyn

PRG 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

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Edward Fierro

SEC Leaders Ask Municipal Issuers for Voluntary COVID-19 Disclosure

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

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

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Jason Fox

Supermajors, dividends and the energy transition

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

Dividends, Oil & Gas, Shell Oil

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Rebecca Foxwell

Biden Administration Prioritizes Increased and Broadened Anti-Corruption Enforcement

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

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

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Jonathan Frels

Texas Governor Allows Temporary Suspension of Certain Open Meeting Statutes

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

Coronavirus/COVID-19, Telecommuting, Texas, Videoconference

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Russell Gallaro

FINRA Facts and Trends: April 2024

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

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

See all updates »

Danielle Garbien

COVID-19 Impact on US Renewable Energy Projects

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

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

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John Gilbert

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

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

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

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Gene Godley

Post-Election Update 2016

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

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

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Rachel Goldman

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

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Catherine Grant

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

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

Acquisitions, Arbitration, Deadlines, Energy Sector, Licenses

See all updates »

Meredith Grant

Supreme Court “Clarifies” Employer Duty to Make Religious Accommodations

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

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

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Robert Grattan

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

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

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

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R. Todd Greenwalt

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

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

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

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Matthew Grunert

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

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

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

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Nathan Guerra

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

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

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

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Martin Gusy

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

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

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

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Amy Karff Halevy

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

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

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

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Jonathon Hance

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

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

Biometric Information, Consent, Facebook, Penalties, Reasonable Care

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Shelby Harden

SEC Sends Warning Shot on COVID-Impact Disclosures

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

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

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Troy Harder

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

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

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

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Jay Harper

Permian Consolidation Piques Interest in Drill-to-Earn Opportunities

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

Energy Sector, Environmental Policies, Fracking, Shale Gas

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Daniel Harrell

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

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

Biometric Information, Consent, Facebook, Penalties, Reasonable Care

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Daniel Hemli

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

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

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

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Gabbie Hindera

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

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

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

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Jeffrey Holmstead

Chevron Overturned: No Judicial Deference to Agencies in Interpreting Statutes

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

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

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Madalena Houlihan

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

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

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

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Mark Hunting

Forced Enforcement? The Fine Line in the CFTC’s Approach to Market Manipulation

On 27 August 2024, a Swiss commodity trader entered into a settlement agreement for $48 million with the US Commodity Futures Trading Commission (“CFTC”) in relation to alleged market manipulation charges. This case, rooted in…more

CFTC, Compliance, Contract Terms, Enforcement, Market Manipulation

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Jason Hutt

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

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

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

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Oliver Irwin

OECD announces Amendment to Arrangement on Officially Supported Export Credits

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

Exports, Infrastructure, OECD, Request for Proposals

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Shane Jaftha

The Multi-Sector Fuel Dilemma

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

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

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Jadranka Jakovcic

Eight Key Amendments of the 2022 ICSID Arbitration Rules

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

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

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Ben James

Africa Energy Update

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

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

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Tom Jamieson

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

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

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

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Jacqueline Java

FTC 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

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Jason Jean

SEC Approves Nasdaq Board Diversity Requirements

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

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

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Patrick Johnson

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

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

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

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Tyler Johnson

California’s Offshore Wind Strategy Is Coming Into Focus

California currently deploys almost 35 GW of renewable energy but expects another 148 GW of renewables will be needed to meet the state’s overarching 2045 clean energy goals. To fill this gap, California expects offshore wind to…more

California, Clean Energy, Infrastructure, Investment, Offshore Wind

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Barbara Jones

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

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

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

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Anna Karakitsos

PRG 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

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Deanna King

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

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

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

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James Kizziar Jr.

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

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

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

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Joshua Klein

FINRA Facts and Trends: April 2024

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

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

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Thomas Kokalas

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

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

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

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Andrej Kormuth

The Multi-Sector Fuel Dilemma

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

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

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Kelly Robreno Koster

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

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

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

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Edward Krenik

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

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Joseph Lasher

SBA Issues Fresh Guidance and Streamlined Forgiveness Application

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

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

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Ro Lazarovitch

Decarbonising the LNG Industry: The Pressure is On

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

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

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Austin Lee

Permian Consolidation Piques Interest in Drill-to-Earn Opportunities

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

Energy Sector, Environmental Policies, Fracking, Shale Gas

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Parker Lee

Biden Administration Announces Voluntary Carbon Market Principles

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

Biden Administration, Executive Orders, Sustainability, USDA

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Mark Lewis

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

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

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

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Catherine Little

TSA Revises Cybersecurity Directive for Critical Pipeline and LNG Facilities

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

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

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Tracy London

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

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

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

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Clark Stockton Lord

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

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

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

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Jonathan Lozano

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

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

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

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William Mahoney

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

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

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

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Frank Maisano

Post-Election Update 2016

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

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

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Meagan Maloney

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

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

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

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Benjamin Martin

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

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E. Dee Martin

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

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James McAnelly III

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

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

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

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Catherine McCarthy

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

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

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

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Elizabeth McGinley

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

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

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

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Kate Barrington McGregor

SEC Proposes New Rules Requiring Universal Proxy Cards

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

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

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Robert Meade

UK Supreme Court Ruling on Scope 3 Emissions: Have the Floodgates to Climate Change Litigation Fully Opened?

On 20 June 2024 the UK Supreme Court issued its long awaited decision in R (on the application of Finch on behalf of the Weald Action Group) (Appellant) v Surrey County Council and others (Respondents) [2024] UKSC 20 (“Finch”)…more

Climate Change, Environmental Impact Report (EIR), Fossil Fuel, Greenhouse Gas Emissions, Hydrocarbons

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Caroline Melo

EEOC Finalizes Long-Awaited Workplace Harassment Enforcement Guidance

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

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

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Robin Miles

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

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

Banks, Blockchain, Collateral, Cryptocurrency, Hackers

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Charles Mills

Chevron Overturned: No Judicial Deference to Agencies in Interpreting Statutes

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

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

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Andrew Monk

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

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

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

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D. Kirk Morgan II

Senate Considers FERC's Role in Hydrogen Pipeline Development

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

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

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Vincent Morgan

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

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

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

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Patrick Morley

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

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Mandi Moroz

TSA Revises Cybersecurity Directive for Critical Pipeline and LNG Facilities

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

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

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William Moss

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

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Eimear Murphy

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

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

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

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Shayan Najib

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

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

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

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Bagyasree Nambron

LIBOR LATEST - A Temporary Reprieve for USD LIBOR?

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

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

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Paul Nathanson

PRG 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

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Ann Navaro

Chevron Overturned: No Judicial Deference to Agencies in Interpreting Statutes

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

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

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Nicholas Neuberger

Biden Administration Announces Voluntary Carbon Market Principles

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

Biden Administration, Executive Orders, Sustainability, USDA

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Camille Ng

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

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

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

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Matthew Nielsen

Creating an Army of In-House Investigators

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

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

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Anouk Nouet

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

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

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

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Jeff Oldham

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

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

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

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Victoria Ozimek

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

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

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

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Matt Paulson

TCEQ Accepting Comments on Proposed Changes to Penalty Policy

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

Civil Monetary Penalty, Environmental Violations, Proposed Standards, Texas

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Brittany Pemberton

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

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

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

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David Perlman

FERC Proposes To Limit Availability Of Tariff Waivers

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

FERC, Tariffs, Waivers

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Daniel Pope

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

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

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

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Lucy Porter

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

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

Biometric Information, Consent, Facebook, Penalties, Reasonable Care

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Adam Quigley

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

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Matthew Reasoner

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

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

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

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Constance Gall Rhebergen

USPTO Lights the Way for AI Inventions to Shine

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

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

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Madison Rich

SEC Modernizes Beneficial Ownership Reporting

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

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

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Edmund Robb

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

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

Appeals, Arbitration, Arbitration Agreements, Arbitrators, Contract Terms

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Joshua Robichaud

California’s Offshore Wind Strategy Is Coming Into Focus

California currently deploys almost 35 GW of renewable energy but expects another 148 GW of renewables will be needed to meet the state’s overarching 2045 clean energy goals. To fill this gap, California expects offshore wind to…more

California, Clean Energy, Infrastructure, Investment, Offshore Wind

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Fernando Rodriguez Marin

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

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

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

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Suraj Saggar

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

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

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

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Phillip Sampson Jr.

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

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

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

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Scott Sanders

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

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

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

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Nicolai Sarad

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

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

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

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Scott Segal

PRG Pulse 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 »

David Shargel

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

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Laura Sheldon

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

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

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

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Boris Shkuta

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

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

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

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Caroline Sinegar

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

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

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

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Darren Spalding

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

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

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

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Jennifer Speck

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

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

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

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Britt Cass Steckman

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

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

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

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Alan Stewart

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

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

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

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Douglas Stewart

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

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

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

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Charles Still Jr.

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

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

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

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Taylor Stuart

Offshore Wind Litigation: First Circuit Affirms Dismissal of Challenges Against Vineyard Wind

The US Court of Appeals for the First Circuit has affirmed the dismissal of two legal challenges to the Vineyard Wind 1 project (the Project). On April 24 and April 25, 2024, the same panel of First Circuit judges issued…more

Appeals, BOEM, Clean Power Plan, Endangered Species Act (ESA), National Marine Fisheries Service

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David Super

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

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

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

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Tom Swarbrick

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

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

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

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Whit Swift

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

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

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

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Drew Taggart

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

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

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

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Brian Teaff

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

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

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

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J. Anthony Terrell

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

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

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

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Brian Tompkins

USPTO Lights the Way for AI Inventions to Shine

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

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

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Timothy Urban

PRG Pulse 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

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Jeffery Vaden

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

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

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

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Danielle Varnell

Commerce Unveils Preliminary Findings of Solar Tariff Probe

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

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

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Manuel Vera

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

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

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

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Tony Visage

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

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

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

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Kevin Voelkel

Trump Administration Publishes Final Revisions to NEPA Regulations

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

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

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Robert Wagman Jr.

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

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

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

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Stephen Wald

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

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

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

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Barron Wallace

Texas Governor Allows Temporary Suspension of Certain Open Meeting Statutes

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

Coronavirus/COVID-19, Telecommuting, Texas, Videoconference

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Adam Waszkiewicz

Biden Administration Announces Voluntary Carbon Market Principles

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

Biden Administration, Executive Orders, Sustainability, USDA

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Richard Whiteley

The COVID-19 Change Order

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

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

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Carlton Wilde III

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

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

Foreign Markets, Generic, Lanham Act, SCOTUS, Trademarks

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Timothy Wilkins

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

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

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

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Christopher Williams

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

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

Acquisitions, Competition, Exemptions, Fines, Merger Controls

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William Wood III

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

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

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

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Joshua Zive

PRG 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

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