Bracewell & Giuliani LLP

SEC Proposes to Narrow the Rule 15b9-1 Exemption from FINRA Membership

On March 25, 2015, the Securities and Exchange Commission ("SEC" or "Commission") proposed amendments to rule 15b9-1 of the Securities Exchange Act of 1934, as amended ("Exchange Act"). Rule 15b9-1 currently exempts certain…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

Supreme Court Clarifies Standard For Holding Issuers Liable Under The Securities Act Of 1933

In a highly-watched securities law decision, the United States Supreme Court yesterday ruled unanimously that opinion statements in public securities registration statements are not actionable under § 11 of the Securities Act…more
| Business Torts, Civil Procedure, Commercial Law & Contracts, Finance & Banking, Securities Law

Year Long Pause Lifted on MLP Qualifying Income Private Letter Rulings – Proposed Regulations to be Issued

Following a year long pause, the IRS announced Friday that it has resumed its review of pending private letter ruling (PLR) requests and is accepting new PLR requests concerning MLP qualifying income under Section 7704(d)(1)(E)…more
| Business Organizations, Commercial Law & Contracts, Finance & Banking, Taxation

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
| Administrative Law, Antitrust & Trade Regulation, Civil Procedure, Commercial Law & Contracts, Health

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
| Labor & Employment Law, Immigration Law

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
| Criminal Law, Elections & Politics

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 & Trade Regulation, Mergers & Acquisitions, Health

Campaign Contribution Limits Raised Again

In every odd-numbered year the Federal Election Commission (FEC) is required to adjust certain contribution limits, expenditure limits, and the lobbyist bundling disclosure threshold by indexing them to inflation…more
| Commercial Law & Contracts, Elections & Politics, Finance & Banking

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

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
| Administrative Law, Elections & Politics, Finance & Banking, Taxation

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

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
| Finance & Banking

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
| Administrative Law, Civil Procedure, Commercial Law & Contracts, Business Torts, Securities Law

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

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
| Commercial Law & Contracts, International Law & Trade, Government Contracting
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Contact

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

Contact: Michelle McCormick

  • (713) 223-2300
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Areas of Practice
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