Please join us for our quarterly Technology Series webinar where the Vinson & Elkins team will be discussing employment law developments affecting technology companies....more
On October 25, a panel of the Fifth Circuit Court of Appeals (the “Fifth Circuit”) upheld the Nasdaq board diversity rule in the face of challenges that (among other things) the rule attempted to improperly and...more
11/7/2023
/ Administrative Procedure Act ,
Affirmative Action ,
Board of Directors ,
Diversity ,
Environmental Social & Governance (ESG) ,
Investors ,
Minorities ,
Nasdaq ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Students for Fair Admissions v Harvard College
Welcome to Vinson & Elkins’ Securities and ESG Updates. Our aim is to provide insights into notable developments in securities reporting and the environmental, social and governance space over the quarter and, where...more
10/13/2023
/ Artificial Intelligence ,
BlackRock ,
Carbon Emissions ,
Clawbacks ,
Climate Change ,
Corporate Governance ,
Corporate Transparency Act ,
Cybersecurity ,
Disclosure Requirements ,
Diversity and Inclusion Standards (D&I) ,
Environmental Social & Governance (ESG) ,
Greenwashing ,
Insider Trading ,
NYSE ,
Private Funds ,
Publicly-Traded Companies ,
Quarterly Report ,
Reporting Requirements ,
Rule 10b-5 ,
Securities and Exchange Commission (SEC) ,
Task Force on Climate-related Financial Disclosures (TCFD)
Welcome to Vinson & Elkins’ Securities and ESG Updates. Our aim is to provide insights into notable developments in securities reporting and the environmental, social and governance space over the quarter and, where...more
7/13/2023
/ C&DIs ,
Climate Change ,
COSO ,
Cybersecurity ,
Disclosure Requirements ,
Diversity ,
Divestment ,
Environmental Justice ,
Environmental Social & Governance (ESG) ,
Greenwashing ,
Nasdaq ,
No-Action Letters ,
NYSE ,
Proxy Season ,
Repurchases ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
Shareholders ,
Universal Proxy Cards
In the aftermath of the recent U.S. Supreme Court decision striking down the race-conscious admissions systems of two universities in a six-to-three decision (the “SFFA Decision”), commentators are asking about the impact of...more
7/6/2023
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Diversity ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Protection ,
Fourteenth Amendment ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VII
Welcome to Vinson & Elkins’ Securities and ESG Updates. Our aim is to provide insights into notable developments in securities reporting and the environmental, social and governance space over the quarter and, where...more
4/4/2023
/ 10b5-1 Plans ,
Brokers ,
Climate Change ,
Disclosure Requirements ,
Diversity ,
Environmental Social & Governance (ESG) ,
Insider Trading ,
Investors ,
Nasdaq ,
Non-Voting Shares ,
Proxy Season ,
Securities and Exchange Commission (SEC) ,
Task Force on Climate-related Financial Disclosures (TCFD)
The United States Court of Appeals for the Third Circuit recently held that a plaintiff had standing to sue her former employer for a data breach that exposed her personal information to the “Dark Web” because she...more
Any employer required to collect EEO-1 workforce demographic data should be thinking about the issue of whether to publicly disclose that data, and consider what might happen to it once it’s disclosed....more
Vinson & Elkins ESG lawyers will discuss social and human rights issues that impact energy companies both in the U.S. and abroad, including supply chain diligence, disclosure and reporting obligations, DEI in the workforce...more
8/24/2022
/ Board of Directors ,
Continuing Legal Education ,
Corporate Social Responsibility ,
Disclosure Requirements ,
Diversity ,
Energy Sector ,
Environmental Social & Governance (ESG) ,
Human Rights ,
Reporting Requirements ,
Supply Chain ,
Webinars
Social media is a relatively new character in the classic tale of a unionizing workforce. Newer still is the impact that environmental, social and governance, or ESG, factors have on that same workforce.
Originally...more
Social media has likely had a role in fueling the malaise of unionizing employees who believe that the company they work for has a bad reputation. Employees and pro-union groups take to forums like Twitter to voice complaints...more
On January 1, 2023, absent intervention from the California legislature, the nation’s first comprehensive data privacy law, the California Consumer Privacy Act (“CCPA”) as amended by the California Privacy Rights Act...more
Even as supply chains face increased pressure due to COVID-19, the invasion of Ukraine by Russia, sanctions imposed upon Russia, and extreme weather, businesses continue to implement and develop Supplier Codes of Conduct in...more
In 2021, the District of Columbia passed a “Ban on Non-Compete Agreements” (the “Ban”) purporting to ban most non-compete agreements, except in connection with the sale of a business. We previously reported on some of the...more
President Biden is imminently expected to sign into law the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act” (the “Act”), which will have significant, immediate ramifications for employers who have...more
Last month, the Fifth Circuit Court of Appeals affirmed a $35,000 fine against an employer whose foreman, despite explicit instructions by a company manager to fix an Occupational Safety and Health Administration (“OSHA”)...more
Can an employee working for an Illinois company bust their non-compete by resigning after 1 year and 364 days of employment?
The new year brought with it an attempt by the State of Illinois to resolve that question with a...more
1/14/2022
/ Attorney's Fees ,
Construction Workers ,
Employment Contract ,
Freedom To Work Act ,
Furloughs ,
Illinois ,
Minimum Salary ,
Non-Compete Agreements ,
Prevailing Party ,
Restrictive Covenants ,
State Labor Laws
New York City Mayor Bill de Blasio, whose term as mayor ends on January 1, 2022, has announced that the city’s Department of Health will issue a mandate requiring full vaccination of any employee of a private sector business....more
The Occupational Safety and Health Administration (“OSHA”) has published its long-awaited emergency temporary standard (“ETS”) on COVID-19 vaccination, testing and face coverings, effective as of today (November 5, 2021), and...more
11/5/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Infectious Diseases ,
New Rules ,
OSHA ,
Public Health Emergency ,
Vaccinations ,
Virus Testing ,
Workplace Safety
The White House has announced that the requirement for covered employees at covered federal contractor workplaces to be fully vaccinated under the Safer Federal Workforce Task Force Guidance for Federal Contractors and...more
11/5/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Deadlines ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Federal Contractors ,
Federal Employees ,
Health and Safety ,
Infectious Diseases ,
Vaccinations ,
Workplace Safety
Agencies Advised Not to Terminate Contractors Who are “Working in Good Faith and Encounter Challenges”; More States Sue to Enjoin EO 14042...more
11/2/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
Health and Safety ,
Infectious Diseases ,
Reasonable Accommodation ,
Vaccinations ,
Workplace Safety
When Texas governor Greg Abbott issued an executive order on October 11th stating that no entity in Texas could compel receipt of a COVID-19 vaccination by “any individual, including an employee or a consumer” who objects for...more
10/29/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Defense Contracts ,
Defense Sector ,
Employer Liability Issues ,
Employer Mandates ,
Federal Contractors ,
Federal Employees ,
Infectious Diseases ,
Religious Exemption ,
Vaccinations ,
Workplace Safety
On October 28, 2021, the State of Florida filed a challenge to the Biden administration’s requirement that employees of federal government contractors be vaccinated by December 8, 2021....more
10/29/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Employer Liability Issues ,
Employer Mandates ,
Federal Contractors ,
Federal Employees ,
Florida ,
Infectious Diseases ,
Motion To Enjoin ,
Vaccinations ,
Workplace Safety
As employers consider plans to have their workforces return to the office, they are faced with the daunting task of creating a return-to-work program that balances powerful safety, legal, and social considerations under a...more
10/27/2021
/ Anti-Discrimination Policies ,
Continuing Legal Education ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Employer Responsibilities ,
Employment Policies ,
Masks ,
Re-Opening Guidelines ,
Return-to-Work Agreements ,
Vaccinations ,
Virus Testing ,
Webinars ,
Workplace Safety
After my previous blog post regarding recent labor enforcement actions taken under the U.S.-Mexico-Canada Agreement (“USMCA”) impacting U.S. companies with facilities or subsidiaries in Mexico, I received questions regarding...more