Bracewell LLP

IRS Issues Final Regulations Regarding Allocation of Bond Proceeds to Mixed-Use Projects; SLGS Window Reopens

On October 26, 2015, the IRS released final regulations (the “Final Regulations”) regarding allocation and accounting rules for purposes of the private activity bond restrictions applicable to tax-exempt bonds issued by state…more

Allocation of Funds, Bonds, IRS, Mixed-Use Zoning, Public Financing

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

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

Air Pollution, Clean Air Act, Cross-State Air Pollution, Environmental Policies, EPA

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Dangerous Waters in the Safe Harbor: The EU-U.S. Safe Harbor for Data Transfer is Safe No More

On October 6, 2015, the European Court of Justice (ECJ), abolished the 15 year old Safe Harbor agreement between the EU and the U.S. Over 5,000 businesses have relied on the Safe Harbor to receive personal data from EU member…more

Binding Corporate Rules, Consent Agreements, EU Data Protection Laws, International Data Transfers, Personal Data

See All Updates »

Supreme Court Rules that Trademark Tacking is a Question for Juries

Yesterday, the Supreme Court unanimously held in Hana Financial v. Hana Bank, 574 U.S. ___ (2015), that trademark tacking is a question for juries. Trademark tacking, or the ability to "tack" a new mark to an older mark in order…more

Hana Financial v Hana Bank, Jury Questions, Likelihood of Confusion, SCOTUS, Tacking

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Supreme Court Rules that Trademark Tacking is a Question for Juries

Yesterday, the Supreme Court unanimously held in Hana Financial v. Hana Bank, 574 U.S. ___ (2015), that trademark tacking is a question for juries. Trademark tacking, or the ability to "tack" a new mark to an older mark in order…more

Hana Financial v Hana Bank, Jury Questions, Likelihood of Confusion, SCOTUS, Tacking

See All Updates »

SEC Proposes Rules Requiring Public Disclosure of Operations and Activities of Alternative Trading Systems, Broker-Dealer Operators, and Affiliates

On November 18, 2015, the Securities and Exchange Commission (“SEC”) issued Release No. 34-76474 (the “Proposing Release”) in which the SEC proposed rules designed to enhance operational transparency and regulatory oversight of…more

Alternative Trading Systems, Broker-Dealer, Dark Pool, FINRA, Proposed Regulation

See All Updates »

New Audit Rules May Impose Tax Liability on Partnerships

On November 2, 2015, President Obama signed into law the Bipartisan Budget Agreement of 2015 (the “Act”), which includes major changes to the partnership tax audit rules (the “New Audit Rules”). The Act repeals the current…more

Audits, Bipartisan Budget, Corporate Counsel, IRS, Partnerships

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DOJ: Companies, Serve Up Your Executives!

On September 9, 2015, the Department of Justice (“DOJ”) issued an internal memorandum regarding individual accountability for corporate wrongdoing. The memo, authored by Deputy Attorney General Sally Quillian Yates, is aimed at…more

Attorney Generals, Corporate Executives, Corporate Fraud, Corporate Liability, Criminal Investigations

See All Updates »

Texas Court of Appeals Holds There is No Right Under The Administrative Procedure Act to Seek Judicial Review of a State Agency's Denial of a Petition for Rulemaking

On July 23, 2014, the Austin Court of Appeals held that Texas trial courts lack subject matter jurisdiction under the Texas Administrative Procedure Act (APA) to review orders by state agencies denying petitions for rulemaking…more

Administrative Procedure Act, Environmental Claims, Environmental Policies

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SEC Municipalities Continuing Disclosure Cooperation Initiative Targets Issuers and Underwriters with a “Prisoner’s Dilemma”

On March 10, 2014, the Enforcement Division of the Securities and Exchange Commission (SEC) announced the Municipalities Continuing Disclosure Cooperation Initiative (MCDC) – an offer for municipal issuers and their…more

Disclosure Requirements, EMMA, Municipal Securities Issuers, SEC, Underwriting

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SEC and Hitachi Reach FCPA Settlement Over Corrupt Payments in South Africa

The U.S. Securities and Exchange Commission (SEC) recently announced a settlement with Hitachi, Ltd. over allegations that the company sold shares in a South African subsidiary to a front company for the African National…more

Bids, Bribery, Conflicts of Interest, FCPA, Federal Contractors

See All Updates »

SEC and Hitachi Reach FCPA Settlement Over Corrupt Payments in South Africa

The U.S. Securities and Exchange Commission (SEC) recently announced a settlement with Hitachi, Ltd. over allegations that the company sold shares in a South African subsidiary to a front company for the African National…more

Bids, Bribery, Conflicts of Interest, FCPA, Federal Contractors

See All Updates »

MLP Qualifying Income – Treasury and IRS Issue Proposed Regulations

On May 5, 2015, the Department of the Treasury and the Internal Revenue Service (IRS) issued proposed regulations that provide much-anticipated guidance on the scope of qualifying income under Section 7704(d)(1)(E) of the…more

Exploration Development Incentives, IRS, Master Limited Partnerships, Minerals, Natural Resources

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Implementation Day: What Does It Mean for U.S. Companies Interested in Iran?

This Saturday, January 16, 2016, the International Atomic Energy Agency (IAEA) certified that Iran satisfied their obligations under their nuclear-related interim obligations under the Joint Comprehensive Plan of Action (JCPOA),…more

Economic Sanctions, Embargo, EU, Implementation Day, International Atomic Energy Agency

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FERC Enforcement – What to Expect in 2015

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

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

See All Updates »

FAST Act Impact on Community Banks

Last week, President Obama signed into law a $305 billion bundle of legislation referred to as the FAST Act. While the FAST Act was conceived as a transportation bill, it came to contain a number of provisions targeted towards…more

Banks, Community Banks, Financial Services Industry, Fixing America’s Surface Transportation Act (FAST Act), Holding Companies

See All Updates »

OFCCP Regulations Prohibiting Pay Secrecy Policies & Required Posting Effective Now

Executive Order 13665 & Pay Transparency Regulations Effective Now - Following the NLRB’s lead on employee rights regarding discussion of confidential wage issues, Executive Order 13665 and the Office of Contract Compliance…more

Disabilities, DOL, Equal Pay, Executive Orders, Federal Contractors

See All Updates »

Texas Supreme Court Clarifies Spoliation Under Texas Law

After years of awaiting clarity from the Supreme Court of Texas regarding spoliation under Texas law, the Supreme Court issued a significant decision that will shift how Texas state courts handle civil jury instructions…more

Destruction of Evidence, Evidence, Spoliation

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NYSE Amends Timely Alert Policy

The New York Stock Exchange has amended the provisions of its Listed Company Manual concerning dissemination of material news by listed companies and the circumstances under which the NYSE may halt trading in listed securities. …more

Amended Regulation, Listed Company Manual, Material Dissemination, Notice Requirements, NYSE

See All Updates »

FAST Act Impact on Community Banks

Last week, President Obama signed into law a $305 billion bundle of legislation referred to as the FAST Act. While the FAST Act was conceived as a transportation bill, it came to contain a number of provisions targeted towards…more

Banks, Community Banks, Financial Services Industry, Fixing America’s Surface Transportation Act (FAST Act), Holding Companies

See All Updates »

Dangerous Waters in the Safe Harbor: The EU-U.S. Safe Harbor for Data Transfer is Safe No More

On October 6, 2015, the European Court of Justice (ECJ), abolished the 15 year old Safe Harbor agreement between the EU and the U.S. Over 5,000 businesses have relied on the Safe Harbor to receive personal data from EU member…more

Binding Corporate Rules, Consent Agreements, EU Data Protection Laws, International Data Transfers, Personal Data

See All Updates »

DOJ Sets its Sights on Antitrust Violations in the E-Commerce Marketplace

The Antitrust Division of the U.S. Department of Justice (Antitrust Division) continues to intensify and expand criminal enforcement of the antitrust laws. The results speak for themselves. In fiscal year 2014, the Antitrust…more

Antitrust Division, Antitrust Violations, Corporate Criminal Fines, Criminal Antitrust Litigation, Criminal Prosecution

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Second Circuit Says District Court Erred In Blocking SEC/Citigroup Settlement

The United States Court of Appeals for the Second Circuit yesterday vacated a closely-watched 2011 decision by U.S. District Court Judge Jed Rakoff rejecting a $285 million fraud settlement between Citigroup Inc. and the U.S…more

Chevron Deference, Citigroup, Collateralized Debt Obligations, Consent Decrees, Enforcement

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U.S. Department of Justice Expands Worker Endangerment Initiative

On December 17, 2015, Deputy Attorney General Sally Yates issued a memorandum to all 93 U.S. Attorneys urging federal prosecutors to work with the Department of Justice Environment and Natural Resource Division (ENRD) to pursue…more

Criminal Prosecution, DOJ, DOL, Environmental Crimes, EPA

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Supreme Court Rules Settlement Offer Does Not Moot Class Action Lawsuits

Resolving a question left open by its 2013 decision in Genesis HealthCare Corp. v. Symczyk, as well as a split among the circuit courts, the Supreme Court on January 20, 2016 held that defendants cannot moot and defeat class…more

Campbell Ewald v Gomez, Class Action, Class Representatives, Injunctions, Mootness

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Partnership Verdict in Dallas: You May be Married and Not Know it

On Tuesday, March 4, 2014, a Dallas jury found that Enterprise Products Partners, L.P. (Enterprise) had entered into a partnership with Energy Transfer Partners, L.P. (ETP) to jointly develop a crude oil pipeline from Cushing,…more

Oil & Gas, Partnerships, Tortious Interference

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Justice Department Provides Cybersecurity Guidance

In late April, the Department of Justice’s Cybersecurity Unit provided a set of voluntary best practices for companies faced with the prospect of data breaches. The DOJ’s best practices were expressly developed with smaller…more

Cybersecurity, Data Breach, DOJ, Justice Department, Mitigation

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NYSE Amends Timely Alert Policy

The New York Stock Exchange has amended the provisions of its Listed Company Manual concerning dissemination of material news by listed companies and the circumstances under which the NYSE may halt trading in listed securities. …more

Amended Regulation, Listed Company Manual, Material Dissemination, Notice Requirements, NYSE

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OFCCP Regulations Prohibiting Pay Secrecy Policies & Required Posting Effective Now

Executive Order 13665 & Pay Transparency Regulations Effective Now - Following the NLRB’s lead on employee rights regarding discussion of confidential wage issues, Executive Order 13665 and the Office of Contract Compliance…more

Disabilities, DOL, Equal Pay, Executive Orders, Federal Contractors

See All Updates »

UK Supreme Court Throws out the Nortel and Lehman Pension Baby Claims with the Bathwater

While the arrival of His Royal Highness Prince George Alexander Louis of Cambridge has dominated the British (and the world) headlines this week, the U.K. Supreme Court delivered its own long awaited bundle of joy earlier today…more

Corporate Restructuring, Insolvency, Lehman Brothers, Nortel, Pensions

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New Citywide Construction Fraud Task Force Promises Tough Enforcement

On August 5th, the Manhattan District Attorney (the "DA’s Office") announced the formation of a multi-agency Citywide Construction Fraud Task Force that will be spearheaded by prosecutors from the office. Its mission is simple:…more

Compliance, Construction Industry, Construction Litigation, Corruption, Davis-Bacon Act

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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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OFCCP Regulations Prohibiting Pay Secrecy Policies & Required Posting Effective Now

Executive Order 13665 & Pay Transparency Regulations Effective Now - Following the NLRB’s lead on employee rights regarding discussion of confidential wage issues, Executive Order 13665 and the Office of Contract Compliance…more

Disabilities, DOL, Equal Pay, Executive Orders, Federal Contractors

See All Updates »

Know Them Before They are Famous (or at least final): The Latest USPTO Proposed Rule Changes

On August 19, 2015, the United States Patent and Trademark Office (USPTO) released proposed rule changes for trials before the Patent Trial and Appeal Board (PTAB). The proposed rule changes were made in response to input…more

Administrative Proceedings, Claim Construction, Discovery, Duty of Candor, Evidence

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FERC Enforcement – What to Expect in 2015

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

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

See All Updates »

SEC Proposes Rules for Hedging Policy Disclosure

The Securities and Exchange Commission has proposed rules to implement the disclosure of hedging policies as required by Section 955 the Dodd-Frank Wall Street Reform and Consumer Protection Act…more

Dodd-Frank, Hedging, Proposed Regulation, Public Disclosure, Publicly-Traded Companies

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Post Election Update 2014

The 2014 Midterm Elections have taken place and Republicans performed extremely well in all categories – winning key gubernatorial and congressional races – in what many are viewing as a "wave election." In the Senate,…more

Climate Change, Election Results, Energy, Energy Policy, Natural Gas

See All Updates »

FERC Enforcement – What to Expect in 2015

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

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

See All Updates »

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 Generals, SCOTUS, Shelby v Holder, Voting Rights Act

See All Updates »

SEC Proposes Rules Requiring Public Disclosure of Operations and Activities of Alternative Trading Systems, Broker-Dealer Operators, and Affiliates

On November 18, 2015, the Securities and Exchange Commission (“SEC”) issued Release No. 34-76474 (the “Proposing Release”) in which the SEC proposed rules designed to enhance operational transparency and regulatory oversight of…more

Alternative Trading Systems, Broker-Dealer, Dark Pool, FINRA, Proposed Regulation

See All Updates »

Immigration Issues Included in the Omnibus Appropriation Bill

Congress has agreed on the omnibus appropriations bill, which will provide discretionary funding for the government through the end of the fiscal year, September 30, 2016. The bill includes a number of immigration-related…more

Appropriations Bill, E-Verify, EB-5, H-1B, H-2B

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High Octane Fuel for Curbing Abusive Patent Litigation

On April 29, the U.S. Supreme Court issued two landmark decisions that could curtail abusive patent practices implemented by "patent trolls" or non-practicing entities (NPE) by relaxing the legal standards for awarding attorney…more

Attorney's Fees, Brooks Furniture, Highmark v. Allcare, Non-Practicing Entities, Octane Fitness v. ICON

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IRS Issues Final Regulations Regarding Allocation of Bond Proceeds to Mixed-Use Projects; SLGS Window Reopens

On October 26, 2015, the IRS released final regulations (the “Final Regulations”) regarding allocation and accounting rules for purposes of the private activity bond restrictions applicable to tax-exempt bonds issued by state…more

Allocation of Funds, Bonds, IRS, Mixed-Use Zoning, Public Financing

See All Updates »

FERC Enforcement – What to Expect in 2015

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

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

See All Updates »

New York Court Expands Application Of Common Interest Privilege In Case Involving M&A Transaction

Expanding the law in New York governing the attorney client privilege, New York’s intermediate appellate court held last week that anticipated or pending litigation is not a necessary prerequisite to invoking the common interest…more

Attorney-Client Privilege, Bank of America, Common-Interest Privilege, Confidential Information, Countrywide

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Texas Court of Appeals Holds There is No Right Under The Administrative Procedure Act to Seek Judicial Review of a State Agency's Denial of a Petition for Rulemaking

On July 23, 2014, the Austin Court of Appeals held that Texas trial courts lack subject matter jurisdiction under the Texas Administrative Procedure Act (APA) to review orders by state agencies denying petitions for rulemaking…more

Administrative Procedure Act, Environmental Claims, Environmental Policies

See All Updates »

IRS Issues Final Regulations Regarding Allocation of Bond Proceeds to Mixed-Use Projects; SLGS Window Reopens

On October 26, 2015, the IRS released final regulations (the “Final Regulations”) regarding allocation and accounting rules for purposes of the private activity bond restrictions applicable to tax-exempt bonds issued by state…more

Allocation of Funds, Bonds, IRS, Mixed-Use Zoning, Public Financing

See All Updates »

FAST Act - Capital Markets Provisions

On December 4, President Obama signed a $305 billion transportation bill, referred to as the FAST Act, into law. While primarily a transportation bill, the FAST Act includes a number of key capital markets provisions aimed at…more

Capital Markets, Emerging Growth Companies, Fixing America’s Surface Transportation Act (FAST Act), Investment Funds, JOBS Act

See All Updates »

The Supreme Court Extends the Sarbanes Oxley Act Whistle-Blower Protections

On Tuesday, the U.S. Supreme Court ruled that the whistle-blower protections of Section 806 of the Sarbanes Oxley Act apply to employees of privately held companies that are contractors or subcontractors of a public company…more

Fidelity Investments, FMR LLC, Lawson v FMR, Sarbanes-Oxley, SCOTUS

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Supreme Court Rejects Generic Computer Use to Patent Abstract Ideas

On June 19, 2014, in Alice Corp. v. CLS Bank International, the United States Supreme Court unanimously affirmed the ineligibility of the patent claims at issue—directed to the abstract idea of "intermediated settlement"—and…more

Alice Corporation, CLS Bank, CLS Bank v Alice Corp, Mayo v. Prometheus, Patent Litigation

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NYSE Amends Timely Alert Policy

The New York Stock Exchange has amended the provisions of its Listed Company Manual concerning dissemination of material news by listed companies and the circumstances under which the NYSE may halt trading in listed securities. …more

Amended Regulation, Listed Company Manual, Material Dissemination, Notice Requirements, NYSE

See All Updates »

Delaware Court Holds Interested Directors Liable for "Fairer Price" In Going Private Transaction

In one of the largest ever M&A-related recoveries for shareholders, Vice Chancellor J. Travis Laster ordered Dole Food Company, Inc.’s Chairman and CEO, David Murdock, and Dole’s former President, COO and General Counsel, C…more

Board of Directors, Breach of Duty, Conflicts of Interest, Controlling Stockholders, Corporate Counsel

See All Updates »

FTC Narrows Scope of HSR Reporting Exemption for Certain Acquisitions

On July 20, 2015, the Federal Trade Commission (FTC) released revisions to its interpretation of the rule, 16 C.F.R. §802.5, that exempts certain acquisitions of “investment rental property assets” from reportability under the…more

Acquisitions, Antitrust Division, Commercial Leases, DOJ, Exemptions

See All Updates »

Supreme Court Rules that Trademark Tacking is a Question for Juries

Yesterday, the Supreme Court unanimously held in Hana Financial v. Hana Bank, 574 U.S. ___ (2015), that trademark tacking is a question for juries. Trademark tacking, or the ability to "tack" a new mark to an older mark in order…more

Hana Financial v Hana Bank, Jury Questions, Likelihood of Confusion, SCOTUS, Tacking

See All Updates »

SEC Issues Report on Increasing Use of Outsourced Chief Compliance Officers

In November 2015, the Securities and Exchange Commission (SEC) released its Outsourced CCO Initiative Report. The report addressed the increased trend of outsourcing compliance activities to third-party consultants within the…more

Chief Compliance Officers, Investment Adviser, Investment Advisers Act of 1940, Investment Company Act of 1940, Outsourcing

See All Updates »

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

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

Air Pollution, Clean Air Act, Cross-State Air Pollution, Environmental Policies, EPA

See All Updates »

New Audit Rules May Impose Tax Liability on Partnerships

On November 2, 2015, President Obama signed into law the Bipartisan Budget Agreement of 2015 (the “Act”), which includes major changes to the partnership tax audit rules (the “New Audit Rules”). The Act repeals the current…more

Audits, Bipartisan Budget, Corporate Counsel, IRS, Partnerships

See All Updates »

Post Election Update 2014

The 2014 Midterm Elections have taken place and Republicans performed extremely well in all categories – winning key gubernatorial and congressional races – in what many are viewing as a "wave election." In the Senate,…more

Climate Change, Election Results, Energy, Energy Policy, Natural Gas

See All Updates »

EPA Updates Its Audit Policy with "eDisclosure"

On June 10, 2015, the U.S. Environmental Protection Agency hosted a webinar describing a plan to modernize the implementation of its April 11, 2000 Audit Policy. The plan – called eDisclosure – attempts to provide a…more

Audit Policies, Audits, Compliance, Disclosure, eDisclosure

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MLP Qualifying Income – Treasury and IRS Issue Proposed Regulations

On May 5, 2015, the Department of the Treasury and the Internal Revenue Service (IRS) issued proposed regulations that provide much-anticipated guidance on the scope of qualifying income under Section 7704(d)(1)(E) of the…more

Exploration Development Incentives, IRS, Master Limited Partnerships, Minerals, Natural Resources

See All Updates »

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

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

Air Pollution, Clean Air Act, Cross-State Air Pollution, Environmental Policies, EPA

See All Updates »

Africa Energy Update

The latest news on legal and regulatory developments in Africa's energy sector with perspectives from our offices in New York, Washington and London. This third Africa energy update focuses on North Africa, Africa's most mature…more

Africa, BP, Egypt, Electricity, Energy Policy

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FTC Narrows Scope of HSR Reporting Exemption for Certain Acquisitions

On July 20, 2015, the Federal Trade Commission (FTC) released revisions to its interpretation of the rule, 16 C.F.R. §802.5, that exempts certain acquisitions of “investment rental property assets” from reportability under the…more

Acquisitions, Antitrust Division, Commercial Leases, DOJ, Exemptions

See All Updates »

Africa Energy Update

The latest news on legal and regulatory developments in Africa's energy sector with perspectives from our offices in New York, Washington and London. This third Africa energy update focuses on North Africa, Africa's most mature…more

Africa, BP, Egypt, Electricity, Energy Policy

See All Updates »

What You Need to Know About the SEC's New Pay Ratio Disclosure Rules

On August 5, 2015, the Securities and Exchange Commission voted to approve final rules to implement pay ratio disclosure pursuant to Section 953(b) of the Dodd-Frank Wall Street Reform and Consumer Protection Act. As required by…more

CEOs, Disclosure Requirements, Dodd-Frank, Executive Compensation, Pay Ratio

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FERC Enforcement – What to Expect in 2015

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

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

See All Updates »

Now is Not the Time to “Man Up”-- Gender Stereotyping Can Be Same-Sex Harassment

Big Bob supervises an all-male make-ready crew. The team gets along well— they get their work done but have fun doing it. The guys banter throughout their shift, calling each other inappropriate names, telling dirty jokes,…more

Bullying, Gender Discrimination, Harassment, Sexual Stereotyping

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Delaware Court Holds Interested Directors Liable for "Fairer Price" In Going Private Transaction

In one of the largest ever M&A-related recoveries for shareholders, Vice Chancellor J. Travis Laster ordered Dole Food Company, Inc.’s Chairman and CEO, David Murdock, and Dole’s former President, COO and General Counsel, C…more

Board of Directors, Breach of Duty, Conflicts of Interest, Controlling Stockholders, Corporate Counsel

See All Updates »

DOJ: Companies, Serve Up Your Executives!

On September 9, 2015, the Department of Justice (“DOJ”) issued an internal memorandum regarding individual accountability for corporate wrongdoing. The memo, authored by Deputy Attorney General Sally Quillian Yates, is aimed at…more

Attorney Generals, Corporate Executives, Corporate Fraud, Corporate Liability, Criminal Investigations

See All Updates »

DOJ: Companies, Serve Up Your Executives!

On September 9, 2015, the Department of Justice (“DOJ”) issued an internal memorandum regarding individual accountability for corporate wrongdoing. The memo, authored by Deputy Attorney General Sally Quillian Yates, is aimed at…more

Attorney Generals, Corporate Executives, Corporate Fraud, Corporate Liability, Criminal Investigations

See All Updates »

Delaware Supreme Court Reverses Injunction Requiring Thirty Day Go-Shop

In a recent decision, the Delaware Supreme Court reversed the Court of Chancery's entry of a preliminary injunction that enjoined C&J Energy Services, Inc. ("C&J") from holding a stockholder vote on its proposed merger with…more

Board of Directors, C&J Energy, Change of Ownership, Corporate Governance, Fiduciary Duty

See All Updates »

SEC and Hitachi Reach FCPA Settlement Over Corrupt Payments in South Africa

The U.S. Securities and Exchange Commission (SEC) recently announced a settlement with Hitachi, Ltd. over allegations that the company sold shares in a South African subsidiary to a front company for the African National…more

Bids, Bribery, Conflicts of Interest, FCPA, Federal Contractors

See All Updates »

SEC Issues Report on Increasing Use of Outsourced Chief Compliance Officers

In November 2015, the Securities and Exchange Commission (SEC) released its Outsourced CCO Initiative Report. The report addressed the increased trend of outsourcing compliance activities to third-party consultants within the…more

Chief Compliance Officers, Investment Adviser, Investment Advisers Act of 1940, Investment Company Act of 1940, Outsourcing

See All Updates »

Post Election Update 2014

The 2014 Midterm Elections have taken place and Republicans performed extremely well in all categories – winning key gubernatorial and congressional races – in what many are viewing as a "wave election." In the Senate,…more

Climate Change, Election Results, Energy, Energy Policy, Natural Gas

See All Updates »

Texas Supreme Court Confirms General Waiver of Section 51.003 in Guaranty Agreements

On June 13, 2014, the Texas Supreme Court conclusively resolved the issue of whether a guarantor may generally waive his/her/its statutory right of offset under Section 51.003 of the Texas Property Code. In Moayedi v…more

Guarantors, Guaranty Claims, Lenders

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SEC Proposes Rules Requiring Public Disclosure of Operations and Activities of Alternative Trading Systems, Broker-Dealer Operators, and Affiliates

On November 18, 2015, the Securities and Exchange Commission (“SEC”) issued Release No. 34-76474 (the “Proposing Release”) in which the SEC proposed rules designed to enhance operational transparency and regulatory oversight of…more

Alternative Trading Systems, Broker-Dealer, Dark Pool, FINRA, Proposed Regulation

See All Updates »

FAST Act - Capital Markets Provisions

On December 4, President Obama signed a $305 billion transportation bill, referred to as the FAST Act, into law. While primarily a transportation bill, the FAST Act includes a number of key capital markets provisions aimed at…more

Capital Markets, Emerging Growth Companies, Fixing America’s Surface Transportation Act (FAST Act), Investment Funds, JOBS Act

See All Updates »

Political Consultant Convicted for Illegal Coordination

In what appears to be a first of its kind federal prosecution, Tyler Harber, a well-known political consultant, pleaded guilty in the U.S. District Court for the Eastern District of Virginia to illegally coordinating campaign…more

See All Updates »

FERC Enforcement – What to Expect in 2015

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

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

See All Updates »

Barclays Motion to Dismiss Raises Significant Issues About FERC Jurisdiction

After an investigation of actions in the western electricity markets by Barclays Bank PLC (“Barclays”), Daniel Brin, Scott Connelly, Karen Levine, and Ryan Smith (collectively, the “Traders” and together with Barclays,…more

Barclays, Civil Monetary Penalty, Disgorgement, FERC, Fines

See All Updates »

FAST Act Impact on Community Banks

Last week, President Obama signed into law a $305 billion bundle of legislation referred to as the FAST Act. While the FAST Act was conceived as a transportation bill, it came to contain a number of provisions targeted towards…more

Banks, Community Banks, Financial Services Industry, Fixing America’s Surface Transportation Act (FAST Act), Holding Companies

See All Updates »

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

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

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

See All Updates »

DOJ: Companies, Serve Up Your Executives!

On September 9, 2015, the Department of Justice (“DOJ”) issued an internal memorandum regarding individual accountability for corporate wrongdoing. The memo, authored by Deputy Attorney General Sally Quillian Yates, is aimed at…more

Attorney Generals, Corporate Executives, Corporate Fraud, Corporate Liability, Criminal Investigations

See All Updates »

Post Election Update 2014

The 2014 Midterm Elections have taken place and Republicans performed extremely well in all categories – winning key gubernatorial and congressional races – in what many are viewing as a "wave election." In the Senate,…more

Climate Change, Election Results, Energy, Energy Policy, Natural Gas

See All Updates »

SEC Staff Revises Guidance on Shortened Debt Tender Offers, Expands Guidance to Cover Tender Offers for High-Yield Debt and Certain Exchange Offers

The staff of the Securities and Exchange Commission recently issued a no-action letter that substantially revises its long-standing guidance for shortened tender offers for non-convertible debt securities. The letter permits…more

Deadlines, No-Action Letters, Non-Convertible Debt Securities, SEC, Tender Offers

See All Updates »

Post Election Update 2014

The 2014 Midterm Elections have taken place and Republicans performed extremely well in all categories – winning key gubernatorial and congressional races – in what many are viewing as a "wave election." In the Senate,…more

Climate Change, Election Results, Energy, Energy Policy, Natural Gas

See All Updates »

FERC Enforcement – What to Expect in 2015

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

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

See All Updates »

New Audit Rules May Impose Tax Liability on Partnerships

On November 2, 2015, President Obama signed into law the Bipartisan Budget Agreement of 2015 (the “Act”), which includes major changes to the partnership tax audit rules (the “New Audit Rules”). The Act repeals the current…more

Audits, Bipartisan Budget, Corporate Counsel, IRS, Partnerships

See All Updates »

FAST Act Impact on Community Banks

Last week, President Obama signed into law a $305 billion bundle of legislation referred to as the FAST Act. While the FAST Act was conceived as a transportation bill, it came to contain a number of provisions targeted towards…more

Banks, Community Banks, Financial Services Industry, Fixing America’s Surface Transportation Act (FAST Act), Holding Companies

See All Updates »

SEC Proposes Rules Relating to Clawbacks of Incentive-Based Compensation

On July 1, 2015, the Securities and Exchange Commission proposed rules that would require stock exchanges to adopt listing standards relating to the clawback of incentive-based compensation for certain executive officers where…more

Clawbacks, Disclosure Requirements, Dodd-Frank, Executive Compensation, Financial Reporting

See All Updates »

Texas Supreme Court Confirms General Waiver of Section 51.003 in Guaranty Agreements

On June 13, 2014, the Texas Supreme Court conclusively resolved the issue of whether a guarantor may generally waive his/her/its statutory right of offset under Section 51.003 of the Texas Property Code. In Moayedi v…more

Guarantors, Guaranty Claims, Lenders

See All Updates »

FERC Enforcement – What to Expect in 2015

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

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

See All Updates »

DOJ: Companies, Serve Up Your Executives!

On September 9, 2015, the Department of Justice (“DOJ”) issued an internal memorandum regarding individual accountability for corporate wrongdoing. The memo, authored by Deputy Attorney General Sally Quillian Yates, is aimed at…more

Attorney Generals, Corporate Executives, Corporate Fraud, Corporate Liability, Criminal Investigations

See All Updates »

Supreme Court Rules that Trademark Tacking is a Question for Juries

Yesterday, the Supreme Court unanimously held in Hana Financial v. Hana Bank, 574 U.S. ___ (2015), that trademark tacking is a question for juries. Trademark tacking, or the ability to "tack" a new mark to an older mark in order…more

Hana Financial v Hana Bank, Jury Questions, Likelihood of Confusion, SCOTUS, Tacking

See All Updates »

Post Election Update 2014

The 2014 Midterm Elections have taken place and Republicans performed extremely well in all categories – winning key gubernatorial and congressional races – in what many are viewing as a "wave election." In the Senate,…more

Climate Change, Election Results, Energy, Energy Policy, Natural Gas

See All Updates »

U.S. Department of Justice Expands Worker Endangerment Initiative

On December 17, 2015, Deputy Attorney General Sally Yates issued a memorandum to all 93 U.S. Attorneys urging federal prosecutors to work with the Department of Justice Environment and Natural Resource Division (ENRD) to pursue…more

Criminal Prosecution, DOJ, DOL, Environmental Crimes, EPA

See All Updates »

Immigration Issues Included in the Omnibus Appropriation Bill

Congress has agreed on the omnibus appropriations bill, which will provide discretionary funding for the government through the end of the fiscal year, September 30, 2016. The bill includes a number of immigration-related…more

Appropriations Bill, E-Verify, EB-5, H-1B, H-2B

See All Updates »

Obtaining Diminution in Value Damages for Seller Misrepresentations in M&A Agreements: New Ruling in the Southern District of New York

On September 28, 2015, the U.S. District Court for the Southern District of New York issued an Opinion and Order (the Opinion) in favor of our client, Stanley Black & Decker, Inc. (SB&D), in its litigation arising from SB&D’s…more

Acquisitions, Damages, Diminution in Value, Escrow Instructions, Indemnification

See All Updates »

Fifth Circuit Rules Employer-Mandated Transit Time May Make Lunch Break Compensable

The Fifth Circuit Court of Appeals, which has jurisdiction over Texas, Louisiana and Mississippi, ruled Monday that security guards’ “off-the-clock” meal periods may be compensable when they were required to travel for 10 to 12…more

FLSA, Rest and Meal Break, Transit Benefits, Unpaid Overtime, Wage and Hour

See All Updates »

SEC Issues New Guidance on Cybersecurity for Investment Companies and Investment Advisors

On April 28, 2015, the SEC's Division of Investment Management released a Guidance Update providing cybersecurity guidance for investment companies and investment advisors (firms). The SEC has prioritized cybersecurity as a…more

Client Data, Confidential Information, Cybersecurity, Investment Adviser, Investment Companies

See All Updates »

Delaware Supreme Court Reverses Injunction Requiring Thirty Day Go-Shop

In a recent decision, the Delaware Supreme Court reversed the Court of Chancery's entry of a preliminary injunction that enjoined C&J Energy Services, Inc. ("C&J") from holding a stockholder vote on its proposed merger with…more

Board of Directors, C&J Energy, Change of Ownership, Corporate Governance, Fiduciary Duty

See All Updates »

New Audit Rules May Impose Tax Liability on Partnerships

On November 2, 2015, President Obama signed into law the Bipartisan Budget Agreement of 2015 (the “Act”), which includes major changes to the partnership tax audit rules (the “New Audit Rules”). The Act repeals the current…more

Audits, Bipartisan Budget, Corporate Counsel, IRS, Partnerships

See All Updates »

IRS Issues Final Regulations Regarding Allocation of Bond Proceeds to Mixed-Use Projects; SLGS Window Reopens

On October 26, 2015, the IRS released final regulations (the “Final Regulations”) regarding allocation and accounting rules for purposes of the private activity bond restrictions applicable to tax-exempt bonds issued by state…more

Allocation of Funds, Bonds, IRS, Mixed-Use Zoning, Public Financing

See All Updates »

Texas Environmental Update

Proximity to Natural Gas Wells and Reported Health Status: Results of a Household Survey in Washington County, Pennsylvania Environmental Health Perspectives, September 10, 2014 - "We conducted a hypothesis generating…more

Contamination, Earthquakes, Environmental Policies, Fracking, Natural Gas

See All Updates »

Supreme Court Rules that Trademark Tacking is a Question for Juries

Yesterday, the Supreme Court unanimously held in Hana Financial v. Hana Bank, 574 U.S. ___ (2015), that trademark tacking is a question for juries. Trademark tacking, or the ability to "tack" a new mark to an older mark in order…more

Hana Financial v Hana Bank, Jury Questions, Likelihood of Confusion, SCOTUS, Tacking

See All Updates »

Post Election Update 2014

The 2014 Midterm Elections have taken place and Republicans performed extremely well in all categories – winning key gubernatorial and congressional races – in what many are viewing as a "wave election." In the Senate,…more

Climate Change, Election Results, Energy, Energy Policy, Natural Gas

See All Updates »

FERC Enforcement – What to Expect in 2015

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

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

See All Updates »

First Issuer MCDC SEC Settlement Announced

On July 8, 2014, the U.S. Securities and Exchange Commission announced that it has entered into a settlement order with Kings Canyon Joint Unified School District (Kings Canyon)—the first settlement with an issuer under the…more

Disclosure Requirements, Material Violation, MCDC, SEC, Settlement

See All Updates »

FERC Enforcement – What to Expect in 2015

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

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

See All Updates »

Delaware Court Holds Interested Directors Liable for "Fairer Price" In Going Private Transaction

In one of the largest ever M&A-related recoveries for shareholders, Vice Chancellor J. Travis Laster ordered Dole Food Company, Inc.’s Chairman and CEO, David Murdock, and Dole’s former President, COO and General Counsel, C…more

Board of Directors, Breach of Duty, Conflicts of Interest, Controlling Stockholders, Corporate Counsel

See All Updates »

FERC Enforcement – What to Expect in 2015

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

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

See All Updates »

SEC Announces First Cybersecurity Enforcement Action Against an Investment Adviser for Failure to Protect Client Data

On September 22, 2015, the Securities and Exchange Commission (SEC) announced its first cybersecurity-related enforcement action against an investment adviser for failure to protect customer records and information. According to…more

Cybersecurity, Enforcement Actions, Investment Adviser, Personally Identifiable Information, Privacy Policy

See All Updates »

Mexico’s National Hydrocarbons Commission (CNH) Issues Round One’s Third Bid For Onshore Fields

Mexico’s National Hydrocarbon Commission (Comisión Nacional de Hidrocarburos) (“CNH”) announced on May 11 the terms for the third bid of Round One. Unlike the two earlier bids which covered 19 shallow water areas, the third bid…more

Competitive Bidding, Energy Projects, Energy Sector, Hydrocarbons, Mexico

See All Updates »

SEC Proposes Rules Requiring Public Disclosure of Operations and Activities of Alternative Trading Systems, Broker-Dealer Operators, and Affiliates

On November 18, 2015, the Securities and Exchange Commission (“SEC”) issued Release No. 34-76474 (the “Proposing Release”) in which the SEC proposed rules designed to enhance operational transparency and regulatory oversight of…more

Alternative Trading Systems, Broker-Dealer, Dark Pool, FINRA, Proposed Regulation

See All Updates »

Protecting Yourself Against Data Breach: Don't Be a Target

On May 5, 2014, Target Corporation Chief Executive Officer Gregg Steinhafel resigned after having been with the company for 35 years, another casualty of the massive data breach that continues to damage the nation’s…more

Cybersecurity, Data Breach, Data Protection, Target

See All Updates »

New Audit Rules May Impose Tax Liability on Partnerships

On November 2, 2015, President Obama signed into law the Bipartisan Budget Agreement of 2015 (the “Act”), which includes major changes to the partnership tax audit rules (the “New Audit Rules”). The Act repeals the current…more

Audits, Bipartisan Budget, Corporate Counsel, IRS, Partnerships

See All Updates »

Dangerous Waters in the Safe Harbor: The EU-U.S. Safe Harbor for Data Transfer is Safe No More

On October 6, 2015, the European Court of Justice (ECJ), abolished the 15 year old Safe Harbor agreement between the EU and the U.S. Over 5,000 businesses have relied on the Safe Harbor to receive personal data from EU member…more

Binding Corporate Rules, Consent Agreements, EU Data Protection Laws, International Data Transfers, Personal Data

See All Updates »

SEC: 2015 Examination Priorities – Cybersecurity Compliance and Controls

Registered broker-dealers and investment advisers received a stern warning to strengthen their cybersecurity programs or face further regulatory scrutiny. On September 15, 2015, the SEC announced a plan to sharpen its focus on…more

Broker-Dealer, Compliance, Cybersecurity, Data Breach, Data Loss Prevention

See All Updates »

A Permit System May Finally Arrive for the Migratory Bird Treaty Act - New Opportunities and Responsibilities

For years, Federal Courts have held that individuals can be held criminally liable under the Migratory Bird Treaty Act (MBTA) for the death of birds regardless of whether they intended to harm them. While several courts have…more

Cell Towers, Criminal Prosecution, Electricity, Endangered Species Act, Incidental Take Permits

See All Updates »

Supreme Court Limits Class Action Plaintiffs' Ability to Manipulate Jurisdiction

On March 19, 2013, the United States Supreme Court issued a unanimous opinion in Standard Fire Insurance Co. v. Knowles barring class action plaintiffs from using stipulations that limit the amount in controversy to avoid…more

Amount in Controversy, CAFA, Class Action, Damages, Jurisdiction

See All Updates »

SEC Issues Report on Increasing Use of Outsourced Chief Compliance Officers

In November 2015, the Securities and Exchange Commission (SEC) released its Outsourced CCO Initiative Report. The report addressed the increased trend of outsourcing compliance activities to third-party consultants within the…more

Chief Compliance Officers, Investment Adviser, Investment Advisers Act of 1940, Investment Company Act of 1940, Outsourcing

See All Updates »

Greater Good Adds More Complexity for Contractors in the Middle East

On January 29, 2014, the Federal Acquisitions Regulations Council published the final rule amending the Combating Trafficking in Persons for U.S. government contracts (the "Anti-Human Trafficking Rule"). The Anti-Human…more

Federal Acquisition Regulations (FAR), Federal Contractors, Final Rules, Human Trafficking, Middle East

See All Updates »

Post Election Update 2014

The 2014 Midterm Elections have taken place and Republicans performed extremely well in all categories – winning key gubernatorial and congressional races – in what many are viewing as a "wave election." In the Senate,…more

Climate Change, Election Results, Energy, Energy Policy, Natural Gas

See All Updates »

Supreme Court Rules Settlement Offer Does Not Moot Class Action Lawsuits

Resolving a question left open by its 2013 decision in Genesis HealthCare Corp. v. Symczyk, as well as a split among the circuit courts, the Supreme Court on January 20, 2016 held that defendants cannot moot and defeat class…more

Campbell Ewald v Gomez, Class Action, Class Representatives, Injunctions, Mootness

See All Updates »

Fifth Circuit Rules Employer-Mandated Transit Time May Make Lunch Break Compensable

The Fifth Circuit Court of Appeals, which has jurisdiction over Texas, Louisiana and Mississippi, ruled Monday that security guards’ “off-the-clock” meal periods may be compensable when they were required to travel for 10 to 12…more

FLSA, Rest and Meal Break, Transit Benefits, Unpaid Overtime, Wage and Hour

See All Updates »

The Supreme Court's Limelight Continues to Rein in the Federal Circuit

For the second time in less than two months the Supreme Court unanimously redefines patent law by overturning a Federal Circuit case regarding induced infringement. In Limelight Networks, Inc. v. Akamai Technologies,…more

Akamai Technologies, Covered Business Method Patents, Induced Infringement, Limelight Networks, Miniauction

See All Updates »

FERC Enforcement – What to Expect in 2015

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

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

See All Updates »

SEC Proposes Rules Requiring Public Disclosure of Operations and Activities of Alternative Trading Systems, Broker-Dealer Operators, and Affiliates

On November 18, 2015, the Securities and Exchange Commission (“SEC”) issued Release No. 34-76474 (the “Proposing Release”) in which the SEC proposed rules designed to enhance operational transparency and regulatory oversight of…more

Alternative Trading Systems, Broker-Dealer, Dark Pool, FINRA, Proposed Regulation

See All Updates »

Obtaining Diminution in Value Damages for Seller Misrepresentations in M&A Agreements: New Ruling in the Southern District of New York

On September 28, 2015, the U.S. District Court for the Southern District of New York issued an Opinion and Order (the Opinion) in favor of our client, Stanley Black & Decker, Inc. (SB&D), in its litigation arising from SB&D’s…more

Acquisitions, Damages, Diminution in Value, Escrow Instructions, Indemnification

See All Updates »

Supreme Court Rejects Generic Computer Use to Patent Abstract Ideas

On June 19, 2014, in Alice Corp. v. CLS Bank International, the United States Supreme Court unanimously affirmed the ineligibility of the patent claims at issue—directed to the abstract idea of "intermediated settlement"—and…more

Alice Corporation, CLS Bank, CLS Bank v Alice Corp, Mayo v. Prometheus, Patent Litigation

See All Updates »

EPA Hits Oil and Gas Industry With a Flurry of Proposed Methane Regulations

EPA took major steps on August 18, 2015 to curtail methane emissions from the oil and gas industry by simultaneously releasing four new proposed rules. These actions are part of the Obama Administration’s larger climate action…more

Clean Air Act, EPA, Federal Implementation Plans (FIP), Fracking, Greenhouse Gas Emissions

See All Updates »

Supreme Court's Dual Standard of Review for Claim Construction Creates a Potential Grab Bag For Patent Litigants

The United States Supreme Court clarified yet another important standard in patent law by mandating that the Federal Circuit apply clear error review when reviewing subsidiary factfindings in patent claim construction. Teva…more

Claim Construction, Clear Error Standard, De Novo Standard of Review, Federal Rules of Civil Procedure, Patent Litigation

See All Updates »

SEC Secures Federal Judge Order Against Mayor Based on Control Person Liability

On January 28, 2015, the United States District Court for the Eastern District of Michigan entered a final judgment against Gary Burtka, the former mayor of Allen Park, Michigan, upholding the Security and Exchange Commission…more

Control Person, False Statements, Final Judgment, Municipal Bonds, Municipal Securities Issuers

See All Updates »

Federal Circuit Strengthens ITC's Authority to Police Importation

On August 10, 2015, the Federal Circuit, acting en banc, ruled that the International Trade Commission (ITC) has the authority to prevent importation of products based on claims for induced infringement where the predicate act…more

Corporate Counsel, Direct Infringement, Foreign-Made Goods, Imports, Induced Infringement

See All Updates »

FAST Act - Capital Markets Provisions

On December 4, President Obama signed a $305 billion transportation bill, referred to as the FAST Act, into law. While primarily a transportation bill, the FAST Act includes a number of key capital markets provisions aimed at…more

Capital Markets, Emerging Growth Companies, Fixing America’s Surface Transportation Act (FAST Act), Investment Funds, JOBS Act

See All Updates »

SEC Adopts Regulation Systems Compliance and Integrity

On November 19, 2014, the Securities and Exchange Commission (SEC) approved the adoption of Regulation Systems Compliance and Integrity (Reg SCI) under the Securities Exchange Act of 1934, as amended (Exchange Act). Reg SCI will…more

Covered Entities, Financial Markets, Regulation SCI, SEC

See All Updates »

SEC Continues Crackdown on Investment Advisers

The Securities and Exchange Commission (SEC) is continuing to pursue enforcement actions that focus on the accuracy and comprehensiveness of economic benefit disclosures – both to clients and in public filings…more

Conflicts of Interest, Disclosure, Enforcement Actions, Investment Adviser, SEC

See All Updates »

IRS Issues Final Regulations Regarding Allocation of Bond Proceeds to Mixed-Use Projects; SLGS Window Reopens

On October 26, 2015, the IRS released final regulations (the “Final Regulations”) regarding allocation and accounting rules for purposes of the private activity bond restrictions applicable to tax-exempt bonds issued by state…more

Allocation of Funds, Bonds, IRS, Mixed-Use Zoning, Public Financing

See All Updates »

Know Them Before They are Famous (or at least final): The Latest USPTO Proposed Rule Changes

On August 19, 2015, the United States Patent and Trademark Office (USPTO) released proposed rule changes for trials before the Patent Trial and Appeal Board (PTAB). The proposed rule changes were made in response to input…more

Administrative Proceedings, Claim Construction, Discovery, Duty of Candor, Evidence

See All Updates »

The Bureau of Economic Analysis Reporting Requirements for Foreign Direct Investment: Still Time for Timely Filing

In September of 2014, new foreign investment reporting requirements from the Department of Commerce’s Bureau of Economic Analysis (BEA) became effective. The new regulations require the BEA to collect data on the acquisition or…more

Filing Deadlines, Foreign Direct Investment, Foreign Investment, Reporting Requirements, U.S. Commerce Department

See All Updates »

SEC and Hitachi Reach FCPA Settlement Over Corrupt Payments in South Africa

The U.S. Securities and Exchange Commission (SEC) recently announced a settlement with Hitachi, Ltd. over allegations that the company sold shares in a South African subsidiary to a front company for the African National…more

Bids, Bribery, Conflicts of Interest, FCPA, Federal Contractors

See All Updates »

Mexico’s National Hydrocarbons Commission (CNH) Issues Round One’s Third Bid For Onshore Fields

Mexico’s National Hydrocarbon Commission (Comisión Nacional de Hidrocarburos) (“CNH”) announced on May 11 the terms for the third bid of Round One. Unlike the two earlier bids which covered 19 shallow water areas, the third bid…more

Competitive Bidding, Energy Projects, Energy Sector, Hydrocarbons, Mexico

See All Updates »

Texas Court of Appeals Holds There is No Right Under The Administrative Procedure Act to Seek Judicial Review of a State Agency's Denial of a Petition for Rulemaking

On July 23, 2014, the Austin Court of Appeals held that Texas trial courts lack subject matter jurisdiction under the Texas Administrative Procedure Act (APA) to review orders by state agencies denying petitions for rulemaking…more

Administrative Procedure Act, Environmental Claims, Environmental Policies

See All Updates »

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

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

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

See All Updates »

Mexico’s National Hydrocarbons Commission (CNH) Issues Round One’s Third Bid For Onshore Fields

Mexico’s National Hydrocarbon Commission (Comisión Nacional de Hidrocarburos) (“CNH”) announced on May 11 the terms for the third bid of Round One. Unlike the two earlier bids which covered 19 shallow water areas, the third bid…more

Competitive Bidding, Energy Projects, Energy Sector, Hydrocarbons, Mexico

See All Updates »

SEC Proposes Rules Requiring Public Disclosure of Operations and Activities of Alternative Trading Systems, Broker-Dealer Operators, and Affiliates

On November 18, 2015, the Securities and Exchange Commission (“SEC”) issued Release No. 34-76474 (the “Proposing Release”) in which the SEC proposed rules designed to enhance operational transparency and regulatory oversight of…more

Alternative Trading Systems, Broker-Dealer, Dark Pool, FINRA, Proposed Regulation

See All Updates »

A Permit System May Finally Arrive for the Migratory Bird Treaty Act - New Opportunities and Responsibilities

For years, Federal Courts have held that individuals can be held criminally liable under the Migratory Bird Treaty Act (MBTA) for the death of birds regardless of whether they intended to harm them. While several courts have…more

Cell Towers, Criminal Prosecution, Electricity, Endangered Species Act, Incidental Take Permits

See All Updates »

Affordable Care Act Mandates Employer Notice of Coverage Options to Employees by October 1, 2013

Pursuant to the Affordable Care Act (ACA), individuals and employees of small businesses will be able to access health insurance coverage through a private health insurance market – the Health Insurance Marketplace – beginning…more

Affordable Care Act, Deadlines, Employee Benefits, Employer Mandates, FLSA

See All Updates »

SEC Proposes Rules Requiring Public Disclosure of Operations and Activities of Alternative Trading Systems, Broker-Dealer Operators, and Affiliates

On November 18, 2015, the Securities and Exchange Commission (“SEC”) issued Release No. 34-76474 (the “Proposing Release”) in which the SEC proposed rules designed to enhance operational transparency and regulatory oversight of…more

Alternative Trading Systems, Broker-Dealer, Dark Pool, FINRA, Proposed Regulation

See All Updates »

EPA Hits Oil and Gas Industry With a Flurry of Proposed Methane Regulations

EPA took major steps on August 18, 2015 to curtail methane emissions from the oil and gas industry by simultaneously releasing four new proposed rules. These actions are part of the Obama Administration’s larger climate action…more

Clean Air Act, EPA, Federal Implementation Plans (FIP), Fracking, Greenhouse Gas Emissions

See All Updates »

Greater Good Adds More Complexity for Contractors in the Middle East

On January 29, 2014, the Federal Acquisitions Regulations Council published the final rule amending the Combating Trafficking in Persons for U.S. government contracts (the "Anti-Human Trafficking Rule"). The Anti-Human…more

Federal Acquisition Regulations (FAR), Federal Contractors, Final Rules, Human Trafficking, Middle East

See All Updates »

Bad Faith Patent Litigation Is Bad News For Plaintiffs

Affirming a $1.6 million dollar award for attorney fees against a non-practicing entity (NPE) for pursuing and maintaining patent litigation in bad faith, the Federal Circuit has served notice that patent litigants "must…more

Bad Faith, Claim Construction, Infringement, Non-Practicing Entities, Patent Infringement

See All Updates »

Post Election Update 2014

The 2014 Midterm Elections have taken place and Republicans performed extremely well in all categories – winning key gubernatorial and congressional races – in what many are viewing as a "wave election." In the Senate,…more

Climate Change, Election Results, Energy, Energy Policy, Natural Gas

See All Updates »

Partnership Verdict in Dallas: You May be Married and Not Know it

On Tuesday, March 4, 2014, a Dallas jury found that Enterprise Products Partners, L.P. (Enterprise) had entered into a partnership with Energy Transfer Partners, L.P. (ETP) to jointly develop a crude oil pipeline from Cushing,…more

Oil & Gas, Partnerships, Tortious Interference

See All Updates »

Implementation Day: What Does It Mean for U.S. Companies Interested in Iran?

This Saturday, January 16, 2016, the International Atomic Energy Agency (IAEA) certified that Iran satisfied their obligations under their nuclear-related interim obligations under the Joint Comprehensive Plan of Action (JCPOA),…more

Economic Sanctions, Embargo, EU, Implementation Day, International Atomic Energy Agency

See All Updates »

Contact

711 Louisiana Street Suite 2300
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Contact: Michelle McCormick, Communications Director

  • (713) 221-1165
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Areas of Practice
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400+ Attorneys

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