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Attorney	Latest Publications
David Ball	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 »
Leslie Selig Byrd	OFCCP Requiring Contractors to Use Latest Census Data for AAPs On May 15, 2013, the Office of Federal Contract Compliance Programs (OFCCP) posted a Notice on its website informing covered federal contractors that they will be required to use the 2006-2010 EEO Tabulation, released by the…more Affirmative Action, Contractors, OFCCP	See All Updates »
Bruce Cheatham	From Facebook to FD: SEC Releases Guidance on Use of Social Media On April 2, 2013, the Division of Enforcement of the U.S. Securities and Exchange Commission released guidance on the use of social media to disseminate material, nonpublic information under Regulation FD (Fair Disclosure)…more Disclosure Requirements, Facebook, Investors, Netflix, Regulation FD	See All Updates »
Elizabeth Day	From Facebook to FD: SEC Releases Guidance on Use of Social Media On April 2, 2013, the Division of Enforcement of the U.S. Securities and Exchange Commission released guidance on the use of social media to disseminate material, nonpublic information under Regulation FD (Fair Disclosure)…more Disclosure Requirements, Facebook, Investors, Netflix, Regulation FD	See All Updates »
Amber K. Dodds	What You Say Can and Will be Held Against You: ADA Confidentiality Requirements Extend Beyond Termination of Employment The Americans with Disabilities Act (ADA) requires any information regarding employees obtained through a medical inquiry to be kept confidential. Such information must be recorded on separate forms and kept in a confidential…more ADA, Disability, Discrimination, EEOC, Medical Records	See All Updates »
Kevin A. Ewing	PHMSA Inspections to Focus on Integrity Management Program Evaluations Effective immediately, Pipeline and Hazardous Materials Safety Administration (PHMSA) inspections will emphasize the review of operator methods for integrity management (IM) program evaluations, the agency said in an Advisory…more National Transportation Safety Board, PHMSA, Pipelines	See All Updates »
Victoria Garcia	USCIS Publishes New Employment Eligibility Verification Form I-9 for Use by Employers Effective March 8, 2013 On March 8, 2013, the U.S. Citizenship and Immigration Services (USCIS) published the new version of the Employment Eligibility Verification Form I-9 (Form I-9) to be used by employers effective immediately. Employers are…more Eligibility, Hiring & Firing, I-9, USCIS	See All Updates »
Kirstin E. Gibbs	DOE Study Showing Net Economic Benefits from LNG Exports Kicks Off Important Period for Industry On December 5th, the U.S. Department of Energy (DOE) released its long-awaited second independent study from NERA Economic Consulting (NERA) on the impact of increased exports of liquefied natural gas (LNG) to foreign countries…more DOE, Exports, Natural Gas	See All Updates »
Rachel Goldman	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 »
Amy Karff Halevy	Federal Court Rejects ADA Suit Over Random Alcohol Testing of Probationary Plant Employees A federal judge in Pennsylvania has dismissed an Equal Employment Opportunity Commission challenge to U.S. Steel Corporation's random alcohol testing of probationary employees at one of the company's most safety sensitive…more ADA, Alcohol Testing, Business Necessity, Disability, Discrimination	See All Updates »
Jonathon K. Hance	Stripped of Controversial Provisions, Lame-Duck Patent Reform Heads to Obama's Desk On January 1, 2013 — immediately after passing the fiscal crisis bill — the House of Representatives agreed by voice vote (at 11:13 PM) to approve the Senate's Amendments to H.R. 6621. A controversial provision that would have…more First-to-File, H.R. 6621, Inter Partes Review Proceedings, Lame Duck Session, Patent Terms	See All Updates »
MIchael Hefter	The Debate Rages On Regarding Whether Default Fiduciary Duties Apply to LLC Managers Under Delaware Law Earlier this year, we reported on the Delaware Court of Chancery's decision in Auriga Capital Corp. v. Gatz Properties, LLC, wherein Chancellor Strine held that traditional fiduciary principles apply to LLC managers or members…more Fiduciary Duty, LLC, LLC Agreements, Managers	See All Updates »
Daniel E. Hemli	Supreme Court Clarifies Antitrust Immunity For State-Sanctioned Conduct On February 19, 2013, the U.S. Supreme Court, in a unanimous decision, found that a merger of two Georgia hospitals was not immune from federal antitrust laws under the "state-action" exemption, reversing a decision of the…more Clear-Articulation Test, FTC, FTC v. Phoebe Putney Health System, Government Entities, Governmental Immunity	See All Updates »
Erin Hennessy	Key Trademark Rights Protection Mechanism for New Top-Level Domains Opens March 26, 2013 The first of hundreds of new generic top-level domain name (gTLD) registries1 are expected to launch in the summer of 2013. The Internet Corporation for Assigned Names and Numbers (ICANN), the NGO that regulates the domain name…more gTLD, ICANN, Trademark Clearinghouse, Trademarks	See All Updates »
Jacqueline R. Java	Supreme Court Clarifies Antitrust Immunity For State-Sanctioned Conduct On February 19, 2013, the U.S. Supreme Court, in a unanimous decision, found that a merger of two Georgia hospitals was not immune from federal antitrust laws under the "state-action" exemption, reversing a decision of the…more Clear-Articulation Test, FTC, FTC v. Phoebe Putney Health System, Government Entities, Governmental Immunity	See All Updates »
Judy K. Jetelina	OFCCP Requiring Contractors to Use Latest Census Data for AAPs On May 15, 2013, the Office of Federal Contract Compliance Programs (OFCCP) posted a Notice on its website informing covered federal contractors that they will be required to use the 2006-2010 EEO Tabulation, released by the…more Affirmative Action, Contractors, OFCCP	See All Updates »
Heather Khassian	Batting Practice with DNA Patents at the U.S. Supreme Court The Supreme Court heard oral arguments today in Association of Molecular Pathology vs. Myriad Genetics (Docket 12-398) regarding the patent eligibility of isolated DNA sequences. More specifically, they probed both parties in…more DNA, Gene Patenting, Human Genes, Oral Argument, Patent-Eligible Subject Matter	See All Updates »
James H. Kizziar Jr.	What You Say Can and Will be Held Against You: ADA Confidentiality Requirements Extend Beyond Termination of Employment The Americans with Disabilities Act (ADA) requires any information regarding employees obtained through a medical inquiry to be kept confidential. Such information must be recorded on separate forms and kept in a confidential…more ADA, Disability, Discrimination, EEOC, Medical Records	See All Updates »
David Kolker	Delaware Court of Chancery Addresses Director's Duties In Connection With Change of Control Put Provisions In a recent decision issued by the Delaware Court of Chancery, Chancellor Strine enjoined an incumbent board from impeding a shareholder consent solicitation that sought to install a competing slate of directors. The Court held…more Board of Directors, Fiduciary Duty, Put Provisions, Rival Director Slate, Shareholders	See All Updates »
Christopher L. Maberry	Supreme Court Issues Opinion Reinstating Important Tool for Employers to Defeat FLSA Collective Actions In a major victory for employers, the U.S. Supreme Court issued an opinion today confirming employers' ability to make an "offer of judgment" to named plaintiffs who are pursuing collective actions under the Fair Labor Standards…more Collective Actions, FLSA, Genesis HealthCare, Genesis Healthcare Corp. v. Symczyk, Rule 68	See All Updates »
Rebecca Morley	From Facebook to FD: SEC Releases Guidance on Use of Social Media On April 2, 2013, the Division of Enforcement of the U.S. Securities and Exchange Commission released guidance on the use of social media to disseminate material, nonpublic information under Regulation FD (Fair Disclosure)…more Disclosure Requirements, Facebook, Investors, Netflix, Regulation FD	See All Updates »
Robert Nichols	Federal Court Rejects ADA Suit Over Random Alcohol Testing of Probationary Plant Employees A federal judge in Pennsylvania has dismissed an Equal Employment Opportunity Commission challenge to U.S. Steel Corporation's random alcohol testing of probationary employees at one of the company's most safety sensitive…more ADA, Alcohol Testing, Business Necessity, Disability, Discrimination	See All Updates »
Nancy Morrison O'Connor	NLRB Plans to Ignore D.C. Circuit Ruling Invalidating Obama Recess Appointments; Validity of Appointment of Richard Cordray as CFPB Director Also Suspect In what appears to be the continuation of a showdown among the three branches of federal government, the D. C. Circuit ruled today that President Obama's January 2012 "recess" appointments of three members to the National Labor…more Barack Obama, Canning v NLRB, CFPB, NLRB, Pro Forma Sessions	See All Updates »
R. Casey O'Neill	New USPTO Dallas-Fort Worth Regional Satellite Office Finds Home in Downtown Dallas Location The US Patent and Trademark Office (USPTO) recently announced that downtown Dallas will serve as the site for its Dallas-Fort Worth regional satellite office. The office is expected to be a place where small businesses and…more Patents, USPTO	See All Updates »
Michael D. Pegues	New USPTO Dallas-Fort Worth Regional Satellite Office Finds Home in Downtown Dallas Location The US Patent and Trademark Office (USPTO) recently announced that downtown Dallas will serve as the site for its Dallas-Fort Worth regional satellite office. The office is expected to be a place where small businesses and…more Patents, USPTO	See All Updates »
Karthika Perumal, Ph.D.	Batting Practice with DNA Patents at the U.S. Supreme Court The Supreme Court heard oral arguments today in Association of Molecular Pathology vs. Myriad Genetics (Docket 12-398) regarding the patent eligibility of isolated DNA sequences. More specifically, they probed both parties in…more DNA, Gene Patenting, Human Genes, Oral Argument, Patent-Eligible Subject Matter	See All Updates »
Ryan Philp	Delaware Court of Chancery Addresses Director's Duties In Connection With Change of Control Put Provisions In a recent decision issued by the Delaware Court of Chancery, Chancellor Strine enjoined an incumbent board from impeding a shareholder consent solicitation that sought to install a competing slate of directors. The Court held…more Board of Directors, Fiduciary Duty, Put Provisions, Rival Director Slate, Shareholders	See All Updates »
Constance Gall Rhebergen	Stripped of Controversial Provisions, Lame-Duck Patent Reform Heads to Obama's Desk On January 1, 2013 — immediately after passing the fiscal crisis bill — the House of Representatives agreed by voice vote (at 11:13 PM) to approve the Senate's Amendments to H.R. 6621. A controversial provision that would have…more First-to-File, H.R. 6621, Inter Partes Review Proceedings, Lame Duck Session, Patent Terms	See All Updates »
John A. Riley	Texas Environmental Update - November 14, 2012 The environmental practice of Bracewell & Giuliani LLP offers seamless, front-rank representation in local, state, national, and cross-border regulatory, enforcement, and litigation matters, as well as experienced counsel on the…more	See All Updates »
Lowell M. Rothschild	PHMSA Inspections to Focus on Integrity Management Program Evaluations Effective immediately, Pipeline and Hazardous Materials Safety Administration (PHMSA) inspections will emphasize the review of operator methods for integrity management (IM) program evaluations, the agency said in an Advisory…more National Transportation Safety Board, PHMSA, Pipelines	See All Updates »
Benjamin Ruzow	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 »
Michael R. Samardzija, Ph.D.	Batting Practice with DNA Patents at the U.S. Supreme Court The Supreme Court heard oral arguments today in Association of Molecular Pathology vs. Myriad Genetics (Docket 12-398) regarding the patent eligibility of isolated DNA sequences. More specifically, they probed both parties in…more DNA, Gene Patenting, Human Genes, Oral Argument, Patent-Eligible Subject Matter	See All Updates »
Matt Schneller	Key Trademark Rights Protection Mechanism for New Top-Level Domains Opens March 26, 2013 The first of hundreds of new generic top-level domain name (gTLD) registries1 are expected to launch in the summer of 2013. The Internet Corporation for Assigned Names and Numbers (ICANN), the NGO that regulates the domain name…more gTLD, ICANN, Trademark Clearinghouse, Trademarks	See All Updates »
Mike Sellers	Shot Down by the Gunn: The Supreme Court Rules in Favor of Leaving Malpractice Cases Involving Underlying Patent Issues with State Courts On February 20, 2013, the Supreme Court issued its opinion in the case of Gunn v. Minton. The heart of this matter is whether the state-based malpractice action based upon an underlying patent infringement lawsuit may be heard…more Attorney Malpractice, Grable Factors, Gunn v Minton, Patents, SCOTUS	See All Updates »
Robert E. Sheeder	Supreme Court Issues Opinion Reinstating Important Tool for Employers to Defeat FLSA Collective Actions In a major victory for employers, the U.S. Supreme Court issued an opinion today confirming employers' ability to make an "offer of judgment" to named plaintiffs who are pursuing collective actions under the Fair Labor Standards…more Collective Actions, FLSA, Genesis HealthCare, Genesis Healthcare Corp. v. Symczyk, Rule 68	See All Updates »
Scott A. Sherman	Texas Environmental Update - November 14, 2012 The environmental practice of Bracewell & Giuliani LLP offers seamless, front-rank representation in local, state, national, and cross-border regulatory, enforcement, and litigation matters, as well as experienced counsel on the…more	See All Updates »
Laurence Silverman	Delaware Court of Chancery Addresses Director's Duties In Connection With Change of Control Put Provisions In a recent decision issued by the Delaware Court of Chancery, Chancellor Strine enjoined an incumbent board from impeding a shareholder consent solicitation that sought to install a competing slate of directors. The Court held…more Board of Directors, Fiduciary Duty, Put Provisions, Rival Director Slate, Shareholders	See All Updates »
Christopher C. Thiele	Texas Environmental Update - November 14, 2012 The environmental practice of Bracewell & Giuliani LLP offers seamless, front-rank representation in local, state, national, and cross-border regulatory, enforcement, and litigation matters, as well as experienced counsel on the…more	See All Updates »
Dale Wainwright	Shot Down by the Gunn: The Supreme Court Rules in Favor of Leaving Malpractice Cases Involving Underlying Patent Issues with State Courts On February 20, 2013, the Supreme Court issued its opinion in the case of Gunn v. Minton. The heart of this matter is whether the state-based malpractice action based upon an underlying patent infringement lawsuit may be heard…more Attorney Malpractice, Grable Factors, Gunn v Minton, Patents, SCOTUS	See All Updates »
Jeffrey S. Whittle	Stripped of Controversial Provisions, Lame-Duck Patent Reform Heads to Obama's Desk On January 1, 2013 — immediately after passing the fiscal crisis bill — the House of Representatives agreed by voice vote (at 11:13 PM) to approve the Senate's Amendments to H.R. 6621. A controversial provision that would have…more First-to-File, H.R. 6621, Inter Partes Review Proceedings, Lame Duck Session, Patent Terms	See All Updates »
Jason A. Wietjes	New USPTO Dallas-Fort Worth Regional Satellite Office Finds Home in Downtown Dallas Location The US Patent and Trademark Office (USPTO) recently announced that downtown Dallas will serve as the site for its Dallas-Fort Worth regional satellite office. The office is expected to be a place where small businesses and…more Patents, USPTO	See All Updates »
Tim Wilkins	Texas Environmental Update - November 14, 2012 The environmental practice of Bracewell & Giuliani LLP offers seamless, front-rank representation in local, state, national, and cross-border regulatory, enforcement, and litigation matters, as well as experienced counsel on the…more	See All Updates »
Salo Zelermyer	DOE Study Showing Net Economic Benefits from LNG Exports Kicks Off Important Period for Industry On December 5th, the U.S. Department of Energy (DOE) released its long-awaited second independent study from NERA Economic Consulting (NERA) on the impact of increased exports of liquefied natural gas (LNG) to foreign countries…more DOE, Exports, Natural Gas	See All Updates »

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