Bracewell & Giuliani LLP

711 Louisiana Street Suite 2300
Houston, Texas 77002-2770, United States

Contact: Michelle McCormick

  • (713) 223-2300
  • (713) 221-1212

State/Local Bond Proposals in Administration's 2016 Budget

Several proposals affecting tax-exempt bonds were included in the Obama Administration's Budget for FY 2016. As usual, the overall budget proposal has immediately been declared DOA by political pundits. Nonetheless, taking a…more

Barack Obama, Bonds, Federal Budget, QPIB, State and Local Government

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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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Obama Directs Initiative to Update FLSA Overtime Regulations Likely to Tighten White-Collar Classifications

President Barack Obama on Thursday signed a Presidential Memorandum directing the Secretary of Labor to update the Fair Labor Standards Act (FLSA) regulations governing which "white collar" employees qualify for overtime…more

Exempt-Employees, FLSA, Non-Exempt Employees, Unpaid Overtime, Wage and Hour

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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

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SDNY Judge Orders Microsoft to Produce Emails Stored Abroad

Chief Judge Loretta A. Preska of the U.S. District Court for the Southern District of New York affirmed Magistrate Judge James C. Francis IV’s opinion and ordered that the U.S. Department of Justice (DOJ) could compel Microsoft…more

Discovery, DOJ, ECPA, Electronically Stored Information, Email

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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 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 »

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

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 »

The Transparency Initiative: Are You Ready?

The UK is set to become the first EU member state to transpose the most recent EU directives on accounting and transparency rules in an effort to satisfy growing demands for a European-wide strategy to fight corruption in…more

Accounting Controls, Anti-Kickback Statute, Disclosure Requirements, EU, Oil & Gas

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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

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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

See All Updates »

Second Circuit Overturns Insider Trading Convictions of Two Portfolio Managers

In a blow to the Southern District of New York’s impressive run of insider trading convictions, the United States Court of Appeals for the Second Circuit held yesterday that insider trading convictions require the government to…more

Hedge Funds, Illegal Tipping, Insider Trading, Material Nonpublic Information, Portfolio Managers

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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 »

Texas Supreme Court Rejects a General Cause of Action for Minority Shareholder Oppression

The Supreme Court of the State of Texas recently issued a significant opinion relating to the remedies available to minority shareholders of Texas corporations. In Ritchie v. Rupe, No. 11-0447 (Tex. June 20, 2014), available…more

Corporate Governance, Minority Shareholders, Shareholder Litigation, Shareholders

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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 »

Opt-Out Election for AOCI Under Basel III Approaches

The beginning of 2015 marked the implementation of Basel III for community banks including the changes to required capital ratios. Although community banks have been preparing for the implementation for months, one of the first…more

Banking Sector, Basel III, Community Banks, Opt-Outs, Risk-Based Approaches

See All Updates »

OSHA Broadly Expands Injury Reporting Requirement

Under a new rule issued by OSHA last week, employers will be required to report to the agency any workplace incident resulting in the in-patient hospitalization of even one employee. This report must be made within 24 hours of…more

Employer Liability Issues, OSHA, Reporting Requirements, Workplace Injury

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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Texas Supreme Court Holds Trial Court Must Have Personal Jurisdiction Over Potential Defendants Targeted by Rule 202 Pre-suit Discovery

Rule 202 of the Texas Rules of Civil Procedure allows a Texas trial court to authorize a pre-suit deposition to investigate a potential claim before an actual lawsuit is filed. In In re John Doe a/k/a "Trooper," No. 13-0073, __…more

Discovery, Personal Jurisdiction, Rule 202

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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

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Second Circuit Clarifies the Limits on The Extraterritorial Application of U.S. Securities Laws

On May 6, 2014, the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of a putative securities class action brought by purchasers of foreign issued-securities on a foreign exchange. City of Pontiac Policemen's…more

City of Pontiac, Extraterritoriality Rules, Foreign Judgments, Foreign Jurisdictions, Morrison v National Australia Bank

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D.C. Circuit Court Clarifies Scope of Attorney-Client Privilege in Internal Investigations

On June 27, 2014, the United States Court of Appeals for the District of Columbia Circuit issued an opinion clarifying the application of the attorney-client privilege in internal investigations. …more

Attorney-Client Privilege, Federal Rules of Civil Procedure, Internal Investigations, Work Product Privilege

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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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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 »

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

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 »

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

See All Updates »

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

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Clash Of Titans over Biosimilars at FTC Workshop

On Tuesday, February 4, the Federal Trade Commission (FTC) conducted an all-day public workshop at its headquarters in Washington, D.C. on competition issues involving biologics and biosimilars. During highly informative…more

Biologics, Biosimilars, Biotechnology, Drug Manufacturers, FDA

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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

See All Updates »

Re-Calculating Patent Term Adjustments Once Again

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

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

See All Updates »

OSHA Broadly Expands Injury Reporting Requirement

Under a new rule issued by OSHA last week, employers will be required to report to the agency any workplace incident resulting in the in-patient hospitalization of even one employee. This report must be made within 24 hours of…more

Employer Liability Issues, OSHA, Reporting Requirements, Workplace Injury

See All Updates »

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

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 »

Mexican President Signs Historic Energy Reform into Law

On Monday, August 11, 2014, Mexican President Enrique Pena Nieto signed a package of energy secondary laws passed by the Mexican Congress (the “Legislation”) that will overhaul the Mexican oil and natural gas, petrochemical, and…more

Energy, Energy Reform, Energy Sector, Mexico, Natural Gas

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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

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 »

NLRB Broadly Expands Employee Rights to Use Company Email for Union Organizing and Other Protected Activity

The National Labor Relations Board (NLRB) has found that employees have the right, during “nonworking time,” to use company email systems for union organizing and other activity protected under the National Labor Relations Act…more

Email, NLRB, Protected Concerted Activity, Purple Communications, Unions

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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 »

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 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 »

Texas Supreme Court Holds Trial Court Must Have Personal Jurisdiction Over Potential Defendants Targeted by Rule 202 Pre-suit Discovery

Rule 202 of the Texas Rules of Civil Procedure allows a Texas trial court to authorize a pre-suit deposition to investigate a potential claim before an actual lawsuit is filed. In In re John Doe a/k/a "Trooper," No. 13-0073, __…more

Discovery, Personal Jurisdiction, Rule 202

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Employment Authorization For Certain H-4 Dependent Spouses

Effective May 26, 2015, the Department of Homeland Security (DHS) is extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent…more

DHS, Employment Authorization Document, H-1B, H-4 Spouses, Spouses

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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

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 »

State/Local Bond Proposals in Administration's 2016 Budget

Several proposals affecting tax-exempt bonds were included in the Obama Administration's Budget for FY 2016. As usual, the overall budget proposal has immediately been declared DOA by political pundits. Nonetheless, taking a…more

Barack Obama, Bonds, Federal Budget, QPIB, State and Local Government

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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Salinas v. Texas: Your Silence May Be Used Against You

On June 17, 2013, the Supreme Court of the United States issued an opinion with important ramifications for anybody who may be interviewed in connection with a criminal investigation…more

Criminal Prosecution, Fifth Amendment, Salinas v Texas, SCOTUS, Self-Incrimination

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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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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 »

Supreme Court Holds State Regulatory Board Not Immune From Antitrust Laws

On February 25, 2015, the U.S. Supreme Court determined that the North Carolina State Board of Dental Examiners (“Dental Board”) is not shielded from federal antitrust law under the doctrine of state-action antitrust immunity. …more

Antitrust Provisions, Dentists, Licensing Rules, NC Board of Dental Examiners v FTC, Restraint of Trade

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 »

Lincolnshire Pays $2.3 Million to Settle SEC Charges of Misallocation of Portfolio Company Expenses

On September 22, 2014, New York-based private equity firm Lincolnshire Management, Inc. (Lincolnshire) agreed to pay $2.3 million to settle Securities and Exchange Commission (SEC) allegations that Lincolnshire misallocated…more

Disgorgement, Enforcement Actions, Investment Advisers Act of 1940, Misallocation of Funds, Prejudgment Interest

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 »

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 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. This first Africa energy update focuses on East Africa, a region of growing potential for sector participants. Future updates will focus on other…more

Africa, Electricity, Energy Sector, Oil & Gas, Pipelines

See All Updates »

Supreme Court Holds State Regulatory Board Not Immune From Antitrust Laws

On February 25, 2015, the U.S. Supreme Court determined that the North Carolina State Board of Dental Examiners (“Dental Board”) is not shielded from federal antitrust law under the doctrine of state-action antitrust immunity. …more

Antitrust Provisions, Dentists, Licensing Rules, NC Board of Dental Examiners v FTC, Restraint of Trade

See All Updates »

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

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Africa Energy Update

The latest news on legal and regulatory developments in Africa’s energy sector. This first Africa energy update focuses on East Africa, a region of growing potential for sector participants. Future updates will focus on other…more

Africa, Electricity, Energy Sector, Oil & Gas, Pipelines

See All Updates »

Copyright Co-Authorship: Be Prepared to Weather the Storms

The recent Third Circuit decision in Brownstein v. Lindsay, --- F.3d ----, 2014 WL 306240 (3rd Cir. Jan. 29, 2014) clarified important issues related to the statute of limitations for co-ownership claims, as well as to a federal…more

Co-Ownership, Copyright, Software Developers, Statute of Limitations

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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

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 »

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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Assets in Foreign Branches Off Limits to Domestic Judgment Creditors

New York’s high court announced last week that banking institutions with branches in New York are shielded from judgment creditors attempting to collect on customer assets held at foreign branches of the same bank. Specifically,…more

Banks, Financial Institutions, Foreign Banks, Foreign Branches of U.S. Banks, Judgment Creditors

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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 »

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

FAR, Federal Contractors, Final Rules, Human Trafficking, Middle East

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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 »

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 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 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

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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 »

Opt-Out Election for AOCI Under Basel III Approaches

The beginning of 2015 marked the implementation of Basel III for community banks including the changes to required capital ratios. Although community banks have been preparing for the implementation for months, one of the first…more

Banking Sector, Basel III, Community Banks, Opt-Outs, Risk-Based Approaches

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 »

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 »

Supreme Court Holds State Regulatory Board Not Immune From Antitrust Laws

On February 25, 2015, the U.S. Supreme Court determined that the North Carolina State Board of Dental Examiners (“Dental Board”) is not shielded from federal antitrust law under the doctrine of state-action antitrust immunity. …more

Antitrust Provisions, Dentists, Licensing Rules, NC Board of Dental Examiners v FTC, Restraint of Trade

See All Updates »

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 »

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 »

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 »

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 Holds State Regulatory Board Not Immune From Antitrust Laws

On February 25, 2015, the U.S. Supreme Court determined that the North Carolina State Board of Dental Examiners (“Dental Board”) is not shielded from federal antitrust law under the doctrine of state-action antitrust immunity. …more

Antitrust Provisions, Dentists, Licensing Rules, NC Board of Dental Examiners v FTC, Restraint of Trade

See All Updates »

Texas Supreme Court Rejects a General Cause of Action for Minority Shareholder Oppression

The Supreme Court of the State of Texas recently issued a significant opinion relating to the remedies available to minority shareholders of Texas corporations. In Ritchie v. Rupe, No. 11-0447 (Tex. June 20, 2014), available…more

Corporate Governance, Minority Shareholders, Shareholder Litigation, Shareholders

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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 »

Opt-Out Election for AOCI Under Basel III Approaches

The beginning of 2015 marked the implementation of Basel III for community banks including the changes to required capital ratios. Although community banks have been preparing for the implementation for months, one of the first…more

Banking Sector, Basel III, Community Banks, Opt-Outs, Risk-Based Approaches

See All Updates »

Lessons For Corporate Directors From The Wyndham Data Breach Derivative Action

On October 20, 2014, Wyndham Worldwide Corporation won dismissal of a shareholder derivative suit seeking damages arising out of three data breaches that occurred between 2008 and 2010. Dennis Palkon, et al. v. Stephen P…more

Board of Directors, Corporate Officers, Cybersecurity, Data Breach, Derivative Suit

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 »

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 »

Salinas v. Texas: Your Silence May Be Used Against You

On June 17, 2013, the Supreme Court of the United States issued an opinion with important ramifications for anybody who may be interviewed in connection with a criminal investigation…more

Criminal Prosecution, Fifth Amendment, Salinas v Texas, SCOTUS, Self-Incrimination

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 »

NLRB Broadly Expands Employee Rights to Use Company Email for Union Organizing and Other Protected Activity

The National Labor Relations Board (NLRB) has found that employees have the right, during “nonworking time,” to use company email systems for union organizing and other activity protected under the National Labor Relations Act…more

Email, NLRB, Protected Concerted Activity, Purple Communications, Unions

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Employment Authorization For Certain H-4 Dependent Spouses

Effective May 26, 2015, the Department of Homeland Security (DHS) is extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent…more

DHS, Employment Authorization Document, H-1B, H-4 Spouses, Spouses

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EPA Releases Testing, Reporting and Compliance Deadlines for Oil and Gas Storage Tanks

On September 23rd, the United States Environmental Protection Agency (EPA) published in the Federal Register final amendments to sections of its 2012 New Source Performance Standard OOOO (NSPS OOOO) applicable to storage vessels…more

Compliance, Deadlines, EPA, Oil & Gas, Reporting Requirements

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 »

Too Late, Even If Not Too Little: Joining a National Trend, New Jersey Puts the Brakes on Driver’s Claims as Untimely based on Employment Application

When does two years become six months? When a signed employment application says it does.1 Last month, New Jersey recognized the express lane permitting employers and employees to set their own limitations periods, even…more

Choice-of-Law, Discrimination, Employer Liability Issues, Employment Application, Layoffs

See All Updates »

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 »

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 »

State/Local Bond Proposals in Administration's 2016 Budget

Several proposals affecting tax-exempt bonds were included in the Obama Administration's Budget for FY 2016. As usual, the overall budget proposal has immediately been declared DOA by political pundits. Nonetheless, taking a…more

Barack Obama, Bonds, Federal Budget, QPIB, State and Local Government

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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 »

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 »

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 »

Supreme Court - Being Unanimous Appears to be Part of the Justices' DNA

On June 13, 2013, the U.S. Supreme Court unanimously decided in Association for Molecular Pathology v. Myriad Genetics, Inc. that naturally occurring DNA segments are not patent eligible because they are products of nature and…more

AMP v Myriad, DNA, Human Genes, Myriad, Patent-Eligible Subject Matter

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 »

Supreme Court - Being Unanimous Appears to be Part of the Justices' DNA

On June 13, 2013, the U.S. Supreme Court unanimously decided in Association for Molecular Pathology v. Myriad Genetics, Inc. that naturally occurring DNA segments are not patent eligible because they are products of nature and…more

AMP v Myriad, DNA, Human Genes, Myriad, Patent-Eligible Subject Matter

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 »

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 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 »

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

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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 »

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 »

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

NTSB, PHMSA, Pipelines

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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

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Echoes from the Gunn? Aggravated States and Demand Letters

A gunshot that cracks the silence of an old west desert canyon creates an echo coming from all directions. A Supreme Court decision can make similar reverberations throughout the legal world. Last year, just such a sound was…more

Consumer Fraud, Demand Letter, Gunn v Minton, Jurisdiction, Licenses

See All Updates »

Ninth Circuit Holds that Acquisition Violates Antitrust Laws

On February 10, 2015, the U.S. Court of Appeals for the Ninth Circuit affirmed a district court decision finding that the merger of two healthcare providers in Idaho violated antitrust laws. St. Alphonsus Medical Center-Nampa…more

Antitrust Provisions, Appeals, Divestiture, FTC, Healthcare

See All Updates »

Copyright Co-Authorship: Be Prepared to Weather the Storms

The recent Third Circuit decision in Brownstein v. Lindsay, --- F.3d ----, 2014 WL 306240 (3rd Cir. Jan. 29, 2014) clarified important issues related to the statute of limitations for co-ownership claims, as well as to a federal…more

Co-Ownership, Copyright, Software Developers, Statute of Limitations

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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

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 »

Echoes from the Gunn? Aggravated States and Demand Letters

A gunshot that cracks the silence of an old west desert canyon creates an echo coming from all directions. A Supreme Court decision can make similar reverberations throughout the legal world. Last year, just such a sound was…more

Consumer Fraud, Demand Letter, Gunn v Minton, Jurisdiction, Licenses

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

See All Updates »

Too Late, Even If Not Too Little: Joining a National Trend, New Jersey Puts the Brakes on Driver’s Claims as Untimely based on Employment Application

When does two years become six months? When a signed employment application says it does.1 Last month, New Jersey recognized the express lane permitting employers and employees to set their own limitations periods, even…more

Choice-of-Law, Discrimination, Employer Liability Issues, Employment Application, Layoffs

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 »

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

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Lessons For Corporate Directors From The Wyndham Data Breach Derivative Action

On October 20, 2014, Wyndham Worldwide Corporation won dismissal of a shareholder derivative suit seeking damages arising out of three data breaches that occurred between 2008 and 2010. Dennis Palkon, et al. v. Stephen P…more

Board of Directors, Corporate Officers, Cybersecurity, Data Breach, Derivative Suit

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 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 »

Delaware Supreme Court Rules That Privileged Documents Must Be Produced To Shareholders Investigating Corporate Misconduct

The Delaware Supreme Court recently held that, in certain circumstances, shareholders may be able to obtain access to privileged, internal documents in order to investigate potential breaches of fiduciary duty. In Wal-Mart…more

Attorney-Client Privilege, Board of Directors, Corporate Counsel, Document Productions, FCPA

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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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Lincolnshire Pays $2.3 Million to Settle SEC Charges of Misallocation of Portfolio Company Expenses

On September 22, 2014, New York-based private equity firm Lincolnshire Management, Inc. (Lincolnshire) agreed to pay $2.3 million to settle Securities and Exchange Commission (SEC) allegations that Lincolnshire misallocated…more

Disgorgement, Enforcement Actions, Investment Advisers Act of 1940, Misallocation of Funds, Prejudgment Interest

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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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Texas Railroad Commission Proposes Regulation to Address Earthquake Risks from Disposal Wells

In the August 29, 2014 issue of the Texas Register (39 Tex. Reg. 6775), the Railroad Commission of Texas proposed several amendments to the regulations governing saltwater and other oil and gas waste disposal (SWD) wells (16…more

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

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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

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

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Final Treasury Regulations Set Deadline for Arbitrage Rebate Overpayment Claims

Effective November 13, 2014, the filing deadline for a claim for an arbitrage rebate overpayment on tax-exempt and other tax-advantaged bonds is two years after the final arbitrage computation date for the issue from which the…more

Arbitrage, Final Rules, IRS, Overpayment, Tax-Exempt Bonds

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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 »

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 »

Mexican President Signs Historic Energy Reform into Law

On Monday, August 11, 2014, Mexican President Enrique Pena Nieto signed a package of energy secondary laws passed by the Mexican Congress (the “Legislation”) that will overhaul the Mexican oil and natural gas, petrochemical, and…more

Energy, Energy Reform, Energy Sector, Mexico, Natural Gas

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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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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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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

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Second Circuit Overturns Insider Trading Convictions of Two Portfolio Managers

In a blow to the Southern District of New York’s impressive run of insider trading convictions, the United States Court of Appeals for the Second Circuit held yesterday that insider trading convictions require the government to…more

Hedge Funds, Illegal Tipping, Insider Trading, Material Nonpublic Information, Portfolio Managers

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 »

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 »

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 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 »

Supreme Court - Being Unanimous Appears to be Part of the Justices' DNA

On June 13, 2013, the U.S. Supreme Court unanimously decided in Association for Molecular Pathology v. Myriad Genetics, Inc. that naturally occurring DNA segments are not patent eligible because they are products of nature and…more

AMP v Myriad, DNA, Human Genes, Myriad, Patent-Eligible Subject Matter

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 »

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

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 »

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 »

Areas of Practice
  • Administrative Law
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Civil Rights
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Constitutional Law
  • Construction Law
  • Criminal Law
  • Debtor/Creditor
  • Education
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  • Finance & Banking
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  • International Law & Trade
  • Labor & Employment Law
  • Litigation
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  • Mergers & Acquisitions
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  • Securities Law
  • Taxation
  • Toxic Torts
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
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Locations
Other U.S. Locations
  • Connecticut
  • D.C.
  • New York
  • Texas
  • Washington
Other Countries
  • United Arab Emirates
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Number of Attorneys

400+ Attorneys

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