Bracewell & Giuliani LLP

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

Contact: Michelle McCormick

  • (713) 223-2300
  • (713) 221-1212

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
| Labor & Employment Law

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
| Civil Procedure, Electronic Discovery

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
| Energy & Utilities, Environmental Law, Transportation

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
| Business Organizations, Civil Procedure, Law Practice Products & Services, Securities Law

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
| Energy & Utilities, Transportation, Zoning, Planning & Land Use

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
| Commercial Law & Contracts, Finance & Banking, Securities Law

Second Circuit Rules Broad Forum Selection Clause Trumps FINRA Rule Requiring Arbitration

On August 21, 2014, the United States Court of Appeals for the Second Circuit joined the Ninth Circuit in holding that FINRA rules requiring arbitration of customer disputes may be superseded by an agreement between a member and…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Finance & Banking, Securities Law

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

Private Equity Fund Charged by SEC with Violation of the Pay-to-Play Rules for Investment Advisors

The Securities and Exchange Commission ("SEC") recently announced that it had charged TL Ventures, a Philadelphia-area private equity firm (the "Firm") with the first ever case involving a violation of the "pay-to-play rules,"…more
| Civil Remedies, Commercial Law & Contracts, Elections & Politics, Finance & Banking, Securities Law

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
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, Real Estate - Residential, Real Estate - Commercial

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
| Communications & Media Law, Criminal Law, Electronic Discovery, Privacy, International Law & Trade

SEC Modifies MCDC Terms: Extends Issuer Deadline to 12/01/2014, Lowers Penalty Cap for Small Underwriters; Recognizes Pre-EMMA Limitations

The Securities and Exchange Commission has announced modifications to the terms of its Municipalities Continuing Disclosure Cooperation (MCDC) Initiative. In a press release issued late in the afternoon July 31, 2014, the SEC…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

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
| Civil Procedure, Commercial Law & Contracts, Labor & Employment Law

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 Law, Civil Procedure, Constitutional Law, Energy & Utilities, Environmental Law

President Obama Issues Executive Order Prohibiting Federal Contractors From Discriminating Based on Sexual Orientation or Gender Identity

On July 21, 2014, President Barack Obama issued an Executive Order prohibiting federal contractors from discriminating in employment decisions based on applicants’ or employees’ sexual orientation or gender identity. This…more
| Civil Rights, Elections & Politics, Labor & Employment Law, Government Contracting
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Areas of Practice
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Number of Attorneys

400+ Attorneys

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