With Governor Abbott signing House Bill 19 into law on June 9, Texas joins more than two dozen US states with a specialized business court system designed to preside over specific high-value business and commercial disputes....more
MIECO LLC v. Pioneer Nat. Res. USA, Inc. -
May a seller of energy invoke force majeure to excuse its non-performance under a delivery contract – a contract that obligates the seller to deliver a particular quantity of...more
Since Texas Governor Greg Abbott declared a state of disaster in all 254 counties of the State of Texas in response to the Covid-19 pandemic in March of 2020, the Texas Supreme Court (the Court) has issued a series of...more
In a closely watched case on the construction of arbitration clauses, the US Supreme Court granted certiorari to review Schein v. Archer & White Sales, Inc. on June 15, 2020. The Petitioner, Henry Schein, Inc., (Henry Schein)...more
Merriam-Webster defines “crisis” as “an unstable or crucial time or state of affairs in which a decisive change is impending” or “a situation that has reached a critical phase.” An organization cannot predict when its next...more
3/16/2020
/ Best Practices ,
Business Continuity Plans ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Crisis Management ,
Emergency Management Plans ,
Emergency Response ,
Employer Responsibilities ,
Infectious Diseases ,
Internal Communications ,
Policies and Procedures ,
Public Communications ,
Public Relations ,
Risk Management
On February 26, 2020, the US District Court for the District of Connecticut reinforced the Second Circuit’s recent decision to limit prosecutors’ ability to pursue Foreign Corrupt Practices Act (FCPA) charges against foreign...more
3/4/2020
/ Acquittals ,
Agency Relationship ,
Alstom ,
Bribery ,
Criminal Convictions ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Nationals ,
Indictments ,
Jurisdiction ,
Money Laundering ,
Securities and Exchange Commission (SEC) ,
Subsidiaries
Understanding the boundaries of legal privilege in corporate internal investigations is critical. When counsel, either internal or external, misunderstands these boundaries, the result can be disastrous....more
12/20/2019
/ Attorney-Client Privilege ,
Barnes and Noble ,
Confidential Communications ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Distributors ,
Foreign Corrupt Practices Act (FCPA) ,
Internal Investigations ,
KBR (formerly Kellogg Brown & Root) ,
Legal Advice ,
Legal Advice Privilege ,
Outside Counsel ,
Securities and Exchange Commission (SEC) ,
Upjohn Warnings ,
Work-Product Doctrine
On August 9, 2019, the US Court of Appeals for the Second Circuit upheld a Chinese real estate developer’s conviction in United States v. Ng Lap Seng. The Court rejected defendant’s attempt to read an “official act”...more
On June 26, 2019, the US Supreme Court handed down a long-awaited decision in Kisor v. Wilkie, a case that challenged Auer deference, a long-standing doctrine of administrative agency law that requires courts interpreting...more
On February 1, 2019, a Louisiana federal court judge awarded an injured construction worker $3.3 million, finding that, during equipment transfers between boats and barges, the practice of keeping vessels together by using...more
On October 1, 2015, the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) announced proposed regulations to revise and update its pipeline safety standards and reporting...more
On December 18, President Obama signed into law the Insurance Capital Standards Clarification Act of 2014 (the Act). The Act makes it clear that the Board of Governors of the Federal Reserve (the Fed) is not required to apply...more
12/19/2014
In a significant decision issued February 24, 2014, the Fifth U.S. Circuit Court of Appeals ruled that federal laws preempt state laws in the case of the 2010 Gulf of Mexico oil spill, because the event occurred in federal...more
On December 10, 2013, the Federal Reserve Board (FRB), the Federal Deposit Insurance Corporation, the Office of the Comptroller of the Currency, the Securities and Exchange Commission, and the Commodity Futures Trading...more
1/15/2014
/ Bank Holding Company Act ,
Banks ,
CFTC ,
Collateralized Debt Obligations ,
Dodd-Frank ,
Federal Reserve ,
OCC ,
Proprietary Trading ,
Securities and Exchange Commission (SEC) ,
Trust Preferred Securities ,
Volcker Rule
On July 31, 2013, Governor Cuomo signed into law New York Assembly Bill 7807A, which adopts key changes to the regulation of insurance holding company systems in New York under Article 15 of the New York Insurance Law and the...more