Bracewell & Giuliani LLP

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

Contact: Michelle McCormick

  • (713) 223-2300
  • (713) 221-1212

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
| Administrative Law, Civil Procedure, Finance & Banking, Taxation

Transaction Parties Pay Hefty Antitrust Fines for Unlawful Premerger Coordination

On November 7, 2014, Flakeboard America Limited (Flakeboard), its parent companies, and SierraPine entered into a settlement with the Department of Justice (DOJ) resolving allegations that the parties engaged in illegal…more
| Antitrust & Trade Regulation, Civil Remedies, Commercial Law & Contracts, Mergers & Acquisitions

Participation Not Required: SEC Charges Mayor as Control Person in Municipal Bond Offering

In an unprecedented exercise of its authority to charge municipal officials with “control person” liability, the Securities and Exchange Commission (SEC) recently announced fraud charges against the City of Allen Park, Michigan,…more
| Commercial Law & Contracts, Elections & Politics, Finance & Banking, Business Torts, Securities Law

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
| Elections & Politics, Energy & Utilities, Environmental Law, Consumer Protection, Taxation

Delaware Court Establishes "Taxonomy" For Controlling Stockholder Claims

In a recent decision, the Delaware Court of Chancery (Parsons, V.C.) dismissed a shareholder class action complaint alleging that a target company’s board of directors and private equity firm controlling stockholder breached…more
| Civil Procedure, Commercial Law & Contracts, Mergers & Acquisitions, Securities Law

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
| Commercial Law & Contracts, Energy & Utilities, Environmental Law, Finance & Banking, International Law & Trade

New Municipal Advisor Supervision Requirements Adopted

Rule G-44, proposed earlier this year by the Municipal Securities Regulation Board (MSRB) and approved by the Securities and Exchange Commission (SEC) this month, requires that municipal advisors develop internal supervisory and…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

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
| Commercial Law & Contracts, Energy & Utilities, International Law & Trade

.bank and Other Domain Names to Open for Financial Institutions... And Others

The governing body that administers the domain name space, the Internet Corporation for Assigned Names and Numbers (ICANN), is in the process of vastly expanding the number of top level domain names (like .com and .net) from…more
| Communications & Media Law, Finance & Banking, Insurance, Intellectual Property

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
| Business Organizations, Civil Procedure, Civil Remedies, Finance & Banking, International Law & Trade

IRS Releases Private Business Use Guidelines for ACO Participants

On Friday, October 24, 2014, the Internal Revenue Service (IRS) released Notice 2014-67, providing guidance regarding the circumstances under which participation by a hospital in an Accountable Care Organization (ACO) will not…more
| Business Organizations, Commercial Law & Contracts, Finance & Banking, Health, Taxation

Consequences of a Data Breach: Lessons from Wyndham Worldwide

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
| Civil Procedure, Commercial Law & Contracts, Privacy, Science, Computers, & Technology, Securities Law

FY 2015 Sequestration Reduction Percentage for Direct Pay Tax Credit Bonds Bumps Up to 7.3 Percent

According to an update released by The IRS Office of Tax Exempt Bonds (TEB), the sequester reduction percentage applied to the payments made to issuers of direct pay bonds in FY 2015 will be 7.3 percent. This new percentage will…more
| Administrative Law, Finance & Banking, Taxation

Predictive Coding Sanctioned as an "Expedited and Efficient" Discovery Method by the United States Tax Court

The volume of electronically stored information (“ESI”) has exploded, often making discovery prohibitively expensive. Supporters of “predictive coding” champion it as a way to reduce significantly the cost of discovery…more
| Civil Procedure, Electronic Discovery, Taxation

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
| Commercial Law & Contracts, Finance & Banking, Business Torts, Securities Law
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Areas of Practice
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Other U.S. Locations
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Number of Attorneys

400+ Attorneys

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