Bracewell LLP

The Trade Secrets Bill Proceeds to the President's Desk

On April 27, the House of Representatives by a 410-2 vote passed the Defend Trade Secrets Act (DTSA), which creates a federal cause of action for trade secret misappropriation, providing trade secrets with a degree of protection…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Elections & Politics, Intellectual Property

District Court Holds Private Equity Funds Jointly Liable for Portfolio Company's ERISA Withdrawal Liability

The U.S. District Court for the District of Massachusetts ruled on March 28, 2016 that two private equity funds were jointly and severally liable for the multiemployer pension plan withdrawal liability of their jointly-owned…more
| Business Organizations, Civil Procedure, Labor & Employment Law, Finance & Banking, Securities Law

When the Best Defense is a Federal Cause of Action: Trade Secret Owners May Soon Have a Federal Cause of Action for Trade Secret Misappropriation

Earlier this month, the U.S. Senate unanimously passed bill S. 1890, the Defend Trade Secrets Act of 2016 (DTSA). If enacted, the DTSA will create a federal cause of action for trade secret misappropriation, providing protection…more
| Business Torts, Civil Procedure, Civil Remedies, Elections & Politics, Intellectual Property

FDIC Action Encourages De Novo Bank Charter Applications

On April 6, 2016, the FDIC rescinded its 2009 Financial Institutions Letter concerning enhanced scrutiny for newly insured FDIC-supervised depository institutions. The 2009 Financial Institution Letter, among other things,…more
| Finance & Banking

DOJ Launches FCPA Pilot Program to Promote Company Self-Reporting

In a speech delivered last Wednesday by Assistant Attorney General Leslie Caldwell, the Justice Department’s (“DOJ”) Criminal Division announced the launch of a new Foreign Corrupt Practices Act (“FCPA”) “pilot program” that…more
| Business Organizations, Commercial Law & Contracts, Criminal Law, International Law & Trade, Securities Law

Delaware Chancery Court Dismisses Challenge to Merger of MLPs - Reaffirms Ability of Limited Partnerships to Modify Fiduciary Duties by Contract, Including Disclosure Obligations in Mergers

In an opinion issued on March 29, 2016, the Delaware Chancery Court dismissed a challenge to the 2015 acquisition of Regency Energy Partners LP (“Regency”) by Energy Transfer Partners L.P. (“ETP”), holding that Regency’s limited…more
| Business Organizations, Civil Procedure, Commercial Law & Contracts, Mergers & Acquisitions

Improved U.S. - Cuba Relations Create Potential FCPA Risks for U.S. Companies Looking to Do Business There

The normalization of relations between the United States and Cuba offers potential lucrative business opportunities for companies that are prepared to meet Cuba’s unique corruption risks. On December 17, 2014, President Barack…more
| Commercial Law & Contracts, Elections & Politics, International Law & Trade

Africa Energy Update

The latest news on legal and regulatory developments in Africa's energy sector with perspectives from our offices in London, New York and Seattle…more
| Energy & Utilities, Finance & Banking, International Law & Trade

Supreme Court Rules Against Freezing "Untainted" Assets

In a ruling that could have far-reaching implications for criminal defendants’ right to counsel of their choice, the Supreme Court decided on March 30, 2016 that the government cannot freeze “untainted” assets that are not…more
| Constitutional Law, Criminal Law

Significant New Safety Requirements Proposed For Natural Gas Pipelines

On March 17, the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a major proposal to revise the safety standards for onshore natural gas pipelines. The proposed rule…more
| Energy & Utilities, Transportation

STEM OPT Period Extended to Three Years

Department of Homeland Security has issued a final rule, effective May 10, 2016, allowing foreign students with science, technology, engineering, or math (STEM) degrees to extend their optional practical training or "OPT" period…more
| Immigration Law, Labor & Employment Law

EEOC Files First Suits Against Businesses Alleging Sexual Orientation Discrimination

Previously, federal courts, for the most part, held that Title VII of the Civil Rights Act of 1964, which prohibits discrimination based upon race, color, national origin, religion and sex, does not provide a basis for…more
| Civil Procedure, Civil Rights, Labor & Employment Law

VimpelCom's Global FCPA Settlement - A Multinational Resolution

The U.S. Department of Justice (DOJ), the U.S. Securities and Exchange Commission (SEC) and the Public Prosecution Service of the Netherlands (OM) announced a coordinated criminal and civil Foreign Corrupt Practices Act (FCPA)…more
| Commercial Law & Contracts, Communications & Media Law, Criminal Law, International Law & Trade, Securities Law

Two Recent Delaware Decisions Further Illustrate The Scope Of Section 220 Discovery

Two recent Delaware Court of Chancery decisions demonstrate that narrow statutory standards continue to govern access to corporate books and records pursuant to Section 220 of the Delaware General Corporation Law. In the wake…more
| Business Organizations, Civil Procedure, Securities Law

Proposed Regulations Could Have a Substantial Effect on Special District Issuers, Especially Developer Districts

In an important development for special districts, including water districts, road districts, and other utility districts, on February 22, 2016, the Internal Revenue Service (“IRS”) released proposed Treasury Regulations (the…more
| Elections & Politics, Energy & Utilities, Finance & Banking, Taxation
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