Bracewell LLP

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711 Louisiana Street
Suite 2300
Houston, Texas 77002-2770, United States
Contact: Jay Plum, Director of Communications
Phone: (713) 221-1165
Fax: 1.800.404.3970
Areas of Practice
  • Administrative Law
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Class Action
  • Commercial Law & Contracts
  • Construction Law
  • Debtor/Creditor
  • Education
  • Elections & Politics
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Immigration Law
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Maritime Law
  • Mergers & Acquisitions
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Wills, Trusts, & Estate Planning
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Locations
Other U.S. Locations
  • Connecticut
  • D.C.
  • New York
  • Texas
  • Washington
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  • United Arab Emirates
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Number of Attorneys
400+ Attorneys

Supreme Court to Slants: “Rock On!” Trademark Ban on Offensive Trademarks Held Unconstitutional

On June 19, 2017, the Supreme Court unanimously held that Section 2(a) of the Lanham Act (15 U.S.C. §1052(a)), the provision of federal trademark law barring registration of disparaging trademarks, violates the First Amendment’s…more

Disparagement, First Amendment, Free Speech, Lanham Act, Matal v Tam

See all updates »

Can Foreign Partners Now Exit Partnerships Tax Free?

In Grecian Magnesite Mining v. Commissioner (“Grecian Magnesite”) the Tax Court held that a non-U.S. partner's gain from the redemption of its partnership interest was neither U.S. source income nor income effectively connected…more

Business Taxes, FIRPTA, Foreign Partner, Income Taxes, International Tax Issues

See all updates »

Supreme Court to Slants: “Rock On!” Trademark Ban on Offensive Trademarks Held Unconstitutional

On June 19, 2017, the Supreme Court unanimously held that Section 2(a) of the Lanham Act (15 U.S.C. §1052(a)), the provision of federal trademark law barring registration of disparaging trademarks, violates the First Amendment’s…more

Disparagement, First Amendment, Free Speech, Lanham Act, Matal v Tam

See all updates »

Tax Reform Could Indirectly Eliminate Direct Pay Subsidy For Outstanding Tax Credit Bonds

An article released by The Bond Buyer on November 14, 2017, reports that, if Congress were to pass the proposed legislation released by the Committee on Ways and Means of the U.S. House of Representatives on November 2, 2017…more

Bonds, Congressional Budget Office, Debt, Direct Pay Bonds, IRS

See all updates »

SEC Expands Confidential Submission Process to All IPOs

The Staff of the Division of Corporation Finance of the Securities and Exchange Commission announced that it will permit all companies to submit draft registration statements relating to initial public offerings (IPOs) for…more

Confidential Documents, Corporate Governance, EDGAR, Emerging Growth Companies, Foreign Private Issuers

See all updates »

Keep Quiet and Carry On under the EU Trade Secrets Directive

Much as the recent U.S. Defend Trade Secrets Act establishes uniform federal trade secrets protections across the states, the EU Trade Secrets Directive (the “Directive”) harmonizes similar protections across its Member States…more

Confidential Information, Cybersecurity, Employee Rights, EU, EU Trade Secrets Directive

See all updates »

Supreme Court Rules that Trademark Tacking is a Question for Juries

Yesterday, the Supreme Court unanimously held in Hana Financial v. Hana Bank, 574 U.S. ___ (2015), that trademark tacking is a question for juries. Trademark tacking, or the ability to "tack" a new mark to an older mark in order…more

Hana Financial v Hana Bank, Jury Questions, Likelihood of Confusion, SCOTUS, Tacking

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EEOC Files First Suits Against Businesses Alleging Sexual Orientation Discrimination

Previously, federal courts, for the most part, held that Title VII of the Civil Rights Act of 1964, which prohibits discrimination based upon race, color, national origin, religion and sex, does not provide a basis for…more

EEOC, LGBT, Sex Discrimination, Sexual Orientation Discrimination, Title VII

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Supreme Court Rules that Trademark Tacking is a Question for Juries

Yesterday, the Supreme Court unanimously held in Hana Financial v. Hana Bank, 574 U.S. ___ (2015), that trademark tacking is a question for juries. Trademark tacking, or the ability to "tack" a new mark to an older mark in order…more

Hana Financial v Hana Bank, Jury Questions, Likelihood of Confusion, SCOTUS, Tacking

See all updates »

Treasury and IRS Release Final Regulations on Qualifying Income, but Halted by Trump Moratorium

January 25, 2017 On January 19, 2017, the Department of the Treasury and the Internal Revenue Service (IRS) issued final regulations (Final Regulations) regarding qualifying income under Internal Revenue Code (Code) section…more

Final Rules, IRS, Minerals, Moratorium, Natural Gas

See all updates »

Treasury and IRS Release Final Regulations on Qualifying Income, but Halted by Trump Moratorium

January 25, 2017 On January 19, 2017, the Department of the Treasury and the Internal Revenue Service (IRS) issued final regulations (Final Regulations) regarding qualifying income under Internal Revenue Code (Code) section…more

Final Rules, IRS, Minerals, Moratorium, Natural Gas

See all updates »

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 Procedure Act, Environmental Claims, Environmental Policies

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Dallas Court of Appeals Reverses Partnership Verdict: Preliminary Agreements Precluded Partnership

On Tuesday, July 18, 2017, the Dallas Court of Appeals reversed a $535 million judgment against Enterprise Products Partners, L.P. (Enterprise), finding that unfulfilled conditions precedent in Enterprise’s written agreements…more

Appeals, Fiduciary Duty, Oil & Gas, Partnerships, Pipelines

See all updates »

SEC Approves PCAOB's New Rules on Auditor Reports

The Securities and Exchange Commission has approved the Public Company Accounting Oversight Board’s (PCAOB) proposed Auditing Standard 3101, The Auditor’s Report on an Audit of Financial Statements When the Auditor Expresses An…more

Amended Rules, Audit Reports, Auditors, Audits, Disclosure

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SEC Municipalities Continuing Disclosure Cooperation Initiative Targets Issuers and Underwriters with a “Prisoner’s Dilemma”

On March 10, 2014, the Enforcement Division of the Securities and Exchange Commission (SEC) announced the Municipalities Continuing Disclosure Cooperation Initiative (MCDC) – an offer for municipal issuers and their…more

Disclosure Requirements, EMMA, Municipal Securities Issuers, SEC, Underwriting

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Cyberattacked: The SEC Joins the Club

On September 20, the Securities and Exchange Commission announced that its system for electronic filing for public company disclosures, EDGAR, was compromised last year and that hackers may have used exposed information for…more

Cyber Attacks, Cybersecurity, Data Breach, EDGAR, Illegal Trading

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Modern Enforcement: Rolls-Royce’s $800 Million Global Settlement

Rolls-Royce plc, a UK-based company that manufactures engines and generators for the aerospace, defense, marine, and energy sectors, has agreed to pay over $800 million to resolve parallel investigations by U.S., UK, and…more

Automotive Industry, Brazil, Bribery, Corruption, Deferred Prosecution Agreements

See all updates »

Treasury and IRS Release Final Regulations on Qualifying Income, but Halted by Trump Moratorium

January 25, 2017 On January 19, 2017, the Department of the Treasury and the Internal Revenue Service (IRS) issued final regulations (Final Regulations) regarding qualifying income under Internal Revenue Code (Code) section…more

Final Rules, IRS, Minerals, Moratorium, Natural Gas

See all updates »

FDIC Action Encourages De Novo Bank Charter Applications

On April 6, 2016, the FDIC rescinded its 2009 Financial Institutions Letter concerning enhanced scrutiny for newly insured FDIC-supervised depository institutions. The 2009 Financial Institution Letter, among other things,…more

Banks, Depository Institutions, FDIC, State Charters

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FERC Enforcement – What to Expect in 2015

The Federal Energy Regulatory Commission’s (FERC’s) Office of Enforcement (Enforcement) recently released its annual report on enforcement activities for 2014. As is typical, Enforcement identified its primary concerns as…more

Annual Reports, CFTC, Energy Market, Enforcement Actions, Enforcement Statistics

See all updates »

Delaware Chancery Court Dismisses Challenge to MLP Drop Down Transaction

The Delaware Chancery Court recently dismissed a challenge to a transaction in which a master limited partnership (the "MLP") repurchased an interest in a crude oil pipeline in 2015 previously sold to its general partner (the…more

Bad Faith, Breach of Duty, Covenant of Good Faith and Fair Dealing, Dismissals, EBITDA

See all updates »

Federal Court Invalidates Obama Administration Overtime Exemption Rule

On August 31, 2017, Judge Mazzant of the Eastern District of Texas invalidated the long-enjoined Obama Administration revised overtime regulation. The same judge previously granted a temporary, nationwide injunction blocking the…more

Appeals, DOL, FLSA, Minimum Salary, Obama Administration

See all updates »

Texas Supreme Court Clarifies Spoliation Under Texas Law

After years of awaiting clarity from the Supreme Court of Texas regarding spoliation under Texas law, the Supreme Court issued a significant decision that will shift how Texas state courts handle civil jury instructions…more

Destruction of Evidence, Evidence, Spoliation

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Frequently Asked Questions About the SEC's New Rules Requiring Hyperlinked Exhibits in Exchange Act and Securities Act Filings

On March 1, 2017, the Securities and Exchange Commission adopted changes to rules and forms that will require companies to provide hyperlinks to the exhibits listed in the exhibit index in most reports and registration…more

Administrative Proceedings, EDGAR, Filing Requirements, Hyperlink, New Regulations

See all updates »

Patentee's Day of Thanks Comes in Early November: Assessment of the USPTO's Recent Memorandum Regarding Patent Eligibility for Software Claims

A recent U.S. Patent & Trademark Office (USPTO) memorandum to the Patent Examining Corps, in combination with precedential cases from the Federal Circuit, provides positive guidance to owners of software patents and patent…more

CLS Bank v Alice Corp, Computer-Related Inventions, Judicial Exception, Myriad-Mayo, Patent-Eligible Subject Matter

See all updates »

Third Circuit Holds that Automatic Perfection Provisions Are Not So Automatic

Close to ten years have passed since the filing of the chapter 11 cases of Tulsa, Oklahoma-based SemCrude L.P., but this week, the Third Circuit Court of Appeals affirmed a 2015 district court ruling that resolved a dispute…more

Chapter 11, Commercial Bankruptcy, Downstream Agreements, Mineral Rights, Oil & Gas

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Second Circuit Says District Court Erred In Blocking SEC/Citigroup Settlement

The United States Court of Appeals for the Second Circuit yesterday vacated a closely-watched 2011 decision by U.S. District Court Judge Jed Rakoff rejecting a $285 million fraud settlement between Citigroup Inc. and the U.S…more

Chevron Deference, Citigroup, Collateralized Debt Obligations, Consent Decrees, Enforcement

See all updates »

U.S. Chemical Safety and Hazard Investigation Board Releases Strategic Plan for 2017-2021

The U.S. Chemical Safety and Hazard Investigation Board (“CSB”) released its Strategic Plan for 2017-2021 today. The Strategic Plan is the result of 18 months of staff and stakeholder development and review. The plan serves as a…more

Chemicals, Spill Prevention Plans, Strategic Planning, U.S. Chemical Safety and Hazard Investigation Board (CSB), Workplace Safety

See all updates »

Supreme Court Rules Settlement Offer Does Not Moot Class Action Lawsuits

Resolving a question left open by its 2013 decision in Genesis HealthCare Corp. v. Symczyk, as well as a split among the circuit courts, the Supreme Court on January 20, 2016 held that defendants cannot moot and defeat class…more

Campbell Ewald v Gomez, Class Action, Class Representatives, Injunctions, Mootness

See all updates »

Dallas Court of Appeals Reverses Partnership Verdict: Preliminary Agreements Precluded Partnership

On Tuesday, July 18, 2017, the Dallas Court of Appeals reversed a $535 million judgment against Enterprise Products Partners, L.P. (Enterprise), finding that unfulfilled conditions precedent in Enterprise’s written agreements…more

Appeals, Fiduciary Duty, Oil & Gas, Partnerships, Pipelines

See all updates »

Equal Employment Opportunity Commission Announces EEO-1 Form Stay

On August 29, 2017, the Office of Management and Budget (OMB) announced that it is initiating a review and immediate stay of the effectiveness of the revised EEO-1 Form pay reporting requirements...…more

EEO-1, EEOC, OMB, Pay Data, Stays

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New CFPB Rules Threaten More Consumer Class Actions Against Financial Institutions

Recently, the Consumer Financial Protection Bureau (CFPB) announced that it is seeking public comment on proposed rules that would significantly change two aspects of consumer finance dispute resolution…more

Arbitration Agreements, CFPB, Class Action Arbitration Waivers, Consumer Contracts, Consumer Financial Products

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UK Supreme Court Throws out the Nortel and Lehman Pension Baby Claims with the Bathwater

While the arrival of His Royal Highness Prince George Alexander Louis of Cambridge has dominated the British (and the world) headlines this week, the U.K. Supreme Court delivered its own long awaited bundle of joy earlier today…more

Corporate Restructuring, Insolvency, Lehman Brothers, Nortel, Pensions

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New Citywide Construction Fraud Task Force Promises Tough Enforcement

On August 5th, the Manhattan District Attorney (the "DA’s Office") announced the formation of a multi-agency Citywide Construction Fraud Task Force that will be spearheaded by prosecutors from the office. Its mission is simple:…more

Compliance, Construction Industry, Construction Litigation, Corruption, Davis-Bacon Act

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Re-Calculating Patent Term Adjustments Once Again

The Federal Circuit has adjusted the way we calculate Patent Term Adjustments (PTA) once again with its holdings in Novartis and Exelixis. The Federal Circuit held that the United States Patent and Trademark Office (USPTO) has…more

Exelixis, Novartis, Patent Term Adjustment, Patent Terms, Patents

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Federal Court Invalidates Obama Administration Overtime Exemption Rule

On August 31, 2017, Judge Mazzant of the Eastern District of Texas invalidated the long-enjoined Obama Administration revised overtime regulation. The same judge previously granted a temporary, nationwide injunction blocking the…more

Appeals, DOL, FLSA, Minimum Salary, Obama Administration

See all updates »

United States Supreme Court Limits Definition of Debt Collector Under the Fair Debt Collection Practices Act

On June 12, 2017, the United States Supreme Court issued an opinion resolving a circuit court split as to whether a company that collects debts that it purchased for its own account would fall within the statutory definition of…more

Consumer Protection Laws, Creditors, Debt Buyers, Debt Collection, Debt Collectors

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Patentee's Day of Thanks Comes in Early November: Assessment of the USPTO's Recent Memorandum Regarding Patent Eligibility for Software Claims

A recent U.S. Patent & Trademark Office (USPTO) memorandum to the Patent Examining Corps, in combination with precedential cases from the Federal Circuit, provides positive guidance to owners of software patents and patent…more

CLS Bank v Alice Corp, Computer-Related Inventions, Judicial Exception, Myriad-Mayo, Patent-Eligible Subject Matter

See all updates »

Advisory Firms Fined for Disseminating Misleading Performance Claims Made by Another Firm

On August 25, the U.S. Securities and Exchange Commission announced fines against 13 investment advisory firms for distributing false claims originally made by F-Squared Investments. In a prior SEC enforcement case, F-Squared…more

Enforcement Actions, Investment Adviser, Investors, SEC

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Dallas Court of Appeals Reverses Partnership Verdict: Preliminary Agreements Precluded Partnership

On Tuesday, July 18, 2017, the Dallas Court of Appeals reversed a $535 million judgment against Enterprise Products Partners, L.P. (Enterprise), finding that unfulfilled conditions precedent in Enterprise’s written agreements…more

Appeals, Fiduciary Duty, Oil & Gas, Partnerships, Pipelines

See all updates »

PHMSA Implements New Emergency Safety Authority Effective Immediately

On October 3, 2016, the Pipeline and Hazardous Materials Safety Administration (PHMSA) announced an Interim Final Rule (IFR) establishing when and how it will issue Emergency Orders to address imminent safety hazards across the…more

ALJ, Department of Transportation (DOT), Emergency Orders, Emergency Response, Health and Safety

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Post-Election Update 2016

The 2016 election results have significant implications for companies across a wide range of industry sectors. From environmental policy to financial services to tax reform, President-elect Trump has committed to sweeping action…more

Anti-Dumping Duty, Barack Obama, Budget Reconciliation, Clean Energy, Clean Power Plan

See all updates »

SEC's Office of Compliance Inspections and Examinations Issues Risk Alert for Municipal Advisors

On November 7, 2017, the Office of Compliance Inspections and Examinations (“OCIE”) of the U.S. Securities and Exchange Commission (“SEC”) issued a risk alert that described the staff’s observations from over 110 examinations of…more

Books & Records, Municipal Advisers, OCIE, Registration, Risk Alert

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Shareholders Seeking Books and Records Must Demonstrate Credible Basis to Infer Wrongdoing

On February 2, 2017, the Delaware Court of Chancery reaffirmed that shareholders seeking to inspect the books and records of Delaware corporations must demonstrate a credible basis to infer corporate wrongdoing. Accusations…more

Books & Records, Corporate Misconduct, Delaware General Corporation Law, Preponderance of the Evidence, Section 220 Request

See all updates »

FERC Enforcement – What to Expect in 2015

The Federal Energy Regulatory Commission’s (FERC’s) Office of Enforcement (Enforcement) recently released its annual report on enforcement activities for 2014. As is typical, Enforcement identified its primary concerns as…more

Annual Reports, CFTC, Energy Market, Enforcement Actions, Enforcement Statistics

See all updates »

Shelby County v. Holder Decision Has Broad Impact on Voting Rights Act Compliance

On June 25, 2013, the Supreme Court of the United States issued a landmark Voting Rights Act opinion that will impact all Texas governmental entities…more

Attorney Generals, SCOTUS, Shelby v Holder, Voting Rights Act

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Latest I-9 Form Published Yesterday

USCIS released yesterday the latest Form I-9, Employment Eligibility Verification. Employers may continue using the old Form I-9 with a revision date of 11/14/16 N through Sept. 17 (the revision date is indicated in the bottom…more

Employment Eligibility Verification, Hiring & Firing, I-9, Updated Forms, USCIS

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High Octane Fuel for Curbing Abusive Patent Litigation

On April 29, the U.S. Supreme Court issued two landmark decisions that could curtail abusive patent practices implemented by "patent trolls" or non-practicing entities (NPE) by relaxing the legal standards for awarding attorney…more

Attorney's Fees, Brooks Furniture, Highmark v. Allcare, Non-Practicing Entities, Octane Fitness v. ICON

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Senate Finance Committee Mark Eliminates Advance Refundings, Silent on Private Activity Bonds

On November 9, 2017, the U.S. Senate Finance Committee released the Description of the Chairman’s Mark of the “Tax Cuts and Jobs Act” (the “Senate Finance Committee Mark”), which sets forth a summary of the proposed tax reform…more

501(c)(3), Debt Restructuring, Infrastructure Financing, Municipal Bonds, Proposed Legislation

See all updates »

Post-Election Update 2016

The 2016 election results have significant implications for companies across a wide range of industry sectors. From environmental policy to financial services to tax reform, President-elect Trump has committed to sweeping action…more

Anti-Dumping Duty, Barack Obama, Budget Reconciliation, Clean Energy, Clean Power Plan

See all updates »

NY Expands Jurisdictional Reach Over Foreign Banks Using Correspondent Accounts

The New York Court of Appeals recently gave a leg-up to plaintiffs seeking to hale foreign banks before New York state courts, clarifying that the use of a New York-based correspondent account could, under certain circumstances,…more

Aiding and Abetting, Bank Accounts, Bribery, Due Process, Foreign Banks

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Nationwide Healthcare Prosecutions Targeting an Array of Practices . . . Is "Just The Beginning"

On July 13, 2017, the Department of Justice ("DOJ"), in conjunction with the Department of Health and Human Services ("HHS"), continued its annual tradition of coordinating the filing of charges and sweeping arrests in…more

Anti-Kickback Statute, Chiropractors, Criminal Prosecution, DOJ, Enforcement Actions

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Tax Reform Could Indirectly Eliminate Direct Pay Subsidy For Outstanding Tax Credit Bonds

An article released by The Bond Buyer on November 14, 2017, reports that, if Congress were to pass the proposed legislation released by the Committee on Ways and Means of the U.S. House of Representatives on November 2, 2017…more

Bonds, Congressional Budget Office, Debt, Direct Pay Bonds, IRS

See all updates »

OSHA Delays Enforcement of its New Anti-Retaliation Provisions until November 1, 2016

There have been significant developments impacting the portions of OSHA’s new work-related injury and illness rule scheduled to become effective on August 10. As our July 7 alert explained, the new requirements include, among…more

Anti-Retaliation Provisions, Delays, Drug Testing, Employee Incentive Plans, OSHA

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Supreme Court Rejects Generic Computer Use to Patent Abstract Ideas

On June 19, 2014, in Alice Corp. v. CLS Bank International, the United States Supreme Court unanimously affirmed the ineligibility of the patent claims at issue—directed to the abstract idea of "intermediated settlement"—and…more

Alice Corporation, CLS Bank, CLS Bank v Alice Corp, Mayo v. Prometheus, Patent Litigation

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SEC Releases New Guidance on Shareholder Proposals

On November 1, 2017, the Staff of the Division of Corporation Finance of the Securities and Exchange Commission published in Staff Legal Bulletin No. 14I guidance relating to the excludability of certain shareholder proposals…more

Board of Directors, Corporate Governance, New Guidance, No-Action Relief, Ordinary Business Exception

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Shareholders Seeking Books and Records Must Demonstrate Credible Basis to Infer Wrongdoing

On February 2, 2017, the Delaware Court of Chancery reaffirmed that shareholders seeking to inspect the books and records of Delaware corporations must demonstrate a credible basis to infer corporate wrongdoing. Accusations…more

Books & Records, Corporate Misconduct, Delaware General Corporation Law, Preponderance of the Evidence, Section 220 Request

See all updates »

2017 Increase in HSR Notification Thresholds

The Federal Trade Commission (FTC) has announced the annual revisions to the Hart-Scott-Rodino Antitrust Improvements Act (HSR Act) thresholds, which will become effective on February 27, 2017. The revised thresholds will apply…more

Acquisitions, DOJ, FTC, Hart-Scott-Rodino Act, Mergers

See all updates »

Supreme Court to Slants: “Rock On!” Trademark Ban on Offensive Trademarks Held Unconstitutional

On June 19, 2017, the Supreme Court unanimously held that Section 2(a) of the Lanham Act (15 U.S.C. §1052(a)), the provision of federal trademark law barring registration of disparaging trademarks, violates the First Amendment’s…more

Disparagement, First Amendment, Free Speech, Lanham Act, Matal v Tam

See all updates »

OCIE Releases Risk Alert Regarding Advertisements of Investment Advisers

On September 14, 2017, OCIE published a Risk Alert identifying issues associated with Rule 206(4)(1) of the Investment Advisers Act of 1940 (the “Advertising Rule”). The Risk Alert was based on observations of the OCIE staff…more

Advertising, False Advertising, Investment Adviser, Investment Advisers Act of 1940, Investor Protection

See all updates »

White House Issues Interim Guidance Memo on Implementation of "Two-for-One" Executive Order On Regulations, Invites Public Comment

On February 2, 2017, the Acting Administrator of the Office of Information and Regulatory Affairs (“OIRA”) issued a guidance document (the “Interim Guidance”) intended to help clarify President Trump’s January 30, 2017 Executive…more

Budgets, Cost-Containment, Deregulation, Energy Efficiency, Interim Guidance

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Can Foreign Partners Now Exit Partnerships Tax Free?

In Grecian Magnesite Mining v. Commissioner (“Grecian Magnesite”) the Tax Court held that a non-U.S. partner's gain from the redemption of its partnership interest was neither U.S. source income nor income effectively connected…more

Business Taxes, FIRPTA, Foreign Partner, Income Taxes, International Tax Issues

See all updates »

Sales Tax Exemption for Manufacturing Held Inapplicable for Oil and Gas Equipment, but Questions Remain

Southwest Royalties, Inc. v. Hegar, No. 14-0743 (Tex. June 17, 2016)(“Southwest”), addresses the applicability of a sales tax exemption for property sold for use in manufacturing in the context of oil and gas production…more

Manufacturing Equipment, Oil & Gas, Personal Property, Sales Tax, Tangible Property

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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

Climate Change, Election Results, Energy Policy, Energy Sector, Natural Gas

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EPA Updates Its Audit Policy with "eDisclosure"

On June 10, 2015, the U.S. Environmental Protection Agency hosted a webinar describing a plan to modernize the implementation of its April 11, 2000 Audit Policy. The plan – called eDisclosure – attempts to provide a…more

Audit Policies, Audits, Compliance, Disclosure, eDisclosure

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Supreme Court Upholds EPA's Cross State Air Pollution Rule (CSAPR)

In a 6-2 decision, the United States Supreme Court upheld EPA's justification for the Cross State Air Pollution Rule (CSAPR), breathing life back into the rule that had been vacated by the DC Circuit. The Court made several…more

Air Pollution, Clean Air Act, Cross-State Air Pollution, Environmental Policies, EPA

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Africa Energy Update

The latest news on legal and regulatory developments in Africa's energy sector with perspectives from our offices in London, New York and Seattle…more

Africa, Energy Sector, Foreign Investment, Liquid Natural Gas, Oil & Gas

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2017 Increase in HSR Notification Thresholds

The Federal Trade Commission (FTC) has announced the annual revisions to the Hart-Scott-Rodino Antitrust Improvements Act (HSR Act) thresholds, which will become effective on February 27, 2017. The revised thresholds will apply…more

Acquisitions, DOJ, FTC, Hart-Scott-Rodino Act, Mergers

See all updates »

Federal Reserve Proposes to Clarify and Reduce Supervisory Expectations on Boards of Directors

On August 9, 2017, the Board of Governors of the Federal Reserve (the "Federal Reserve") published proposed guidance on certain supervisory expectations for Boards of Directors of banks and holding companies. The proposal…more

Bank Holding Company, Banking Sector, Banks, Board of Directors, Federal Reserve

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The Impact of the Tax Cuts and Jobs Act on Executive Compensation

On November 9, 2017, the House Ways and Means Committee approved the House’s version of the tax reform bill (the “House Bill”) and voted to report it to the House floor for a full House vote. On the same day, the Senate Finance…more

Compensation & Benefits, Deferred Compensation, Executive Compensation, Proposed Amendments, Section 162(m)

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Go West? What the NYSE Has to Offer for Gulf IPOs

Saudi Aramco’s planned IPO has put the region’s companies in sharp focus for global investors. As GCC nations continue to experience shifts in economic activity, including less government spending, more companies (both state and…more

Board of Directors, Corporate Governance, Financial Statements, Foreign Investment, Foreign Private Issuers

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What You Need to Know About the SEC's New Pay Ratio Disclosure Rules

On August 5, 2015, the Securities and Exchange Commission voted to approve final rules to implement pay ratio disclosure pursuant to Section 953(b) of the Dodd-Frank Wall Street Reform and Consumer Protection Act. As required by…more

CEOs, Disclosure Requirements, Dodd-Frank, Executive Compensation, Pay Ratio

See all updates »

Keep Quiet and Carry On under the EU Trade Secrets Directive

Much as the recent U.S. Defend Trade Secrets Act establishes uniform federal trade secrets protections across the states, the EU Trade Secrets Directive (the “Directive”) harmonizes similar protections across its Member States…more

Confidential Information, Cybersecurity, Employee Rights, EU, EU Trade Secrets Directive

See all updates »

FERC Enforcement – What to Expect in 2015

The Federal Energy Regulatory Commission’s (FERC’s) Office of Enforcement (Enforcement) recently released its annual report on enforcement activities for 2014. As is typical, Enforcement identified its primary concerns as…more

Annual Reports, CFTC, Energy Market, Enforcement Actions, Enforcement Statistics

See all updates »

DOL’s Persuader Advice Exemption Rule Blocked

On November 16th, Texas federal judge Sam R. Cummings granted Summary Judgment to several business groups, joined by Texas and nine other states, seeking to block enforcement of the U. S. Department of Labor’s (DOL) new…more

Attorney-Client Privilege, Collective Bargaining, Confidential Information, Disclosure Requirements, DOL

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High Court Underscores Injury Requirement for Statutory Class Actions

In a critical ruling for businesses concerned by the threat of growing class-action litigation, the Supreme Court decided on May 16, 2016 that plaintiffs must allege a concrete injury-in-fact to maintain statutory class action…more

Article III, Class Action, FCRA, Injury-in-Fact, Pleading Standards

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DOJ Announces First Declinations After Implementing FCPA Pilot Program

The U.S. Department of Justice (DOJ) issued its first set of public declinations since its April unveiling of a new self-reporting Foreign Corrupt Practices Act (FCPA) pilot program. On June 7, 2016, Akamai Technologies, Inc., a…more

Bribery, China, Disgorgement, DOJ, FCPA

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New York Adopts Delaware Standard for Going-Private Transactions

On May 5, 2016, the New York Court of Appeals affirmed the dismissal of a shareholder class action and formally adopted the standard of review for going-private transactions articulated by the Delaware Supreme Court in Kahn v. M…more

Appeals, Business Judgment Rule, Class Action, Dismissals, Duty of Care

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OCIE Releases Risk Alert Regarding Advertisements of Investment Advisers

On September 14, 2017, OCIE published a Risk Alert identifying issues associated with Rule 206(4)(1) of the Investment Advisers Act of 1940 (the “Advertising Rule”). The Risk Alert was based on observations of the OCIE staff…more

Advertising, False Advertising, Investment Adviser, Investment Advisers Act of 1940, Investor Protection

See all updates »

Post-Election Update 2016

The 2016 election results have significant implications for companies across a wide range of industry sectors. From environmental policy to financial services to tax reform, President-elect Trump has committed to sweeping action…more

Anti-Dumping Duty, Barack Obama, Budget Reconciliation, Clean Energy, Clean Power Plan

See all updates »

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

Guarantors, Guaranty Claims, Lenders

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SEC Expands Confidential Submission Process to All IPOs

The Staff of the Division of Corporation Finance of the Securities and Exchange Commission announced that it will permit all companies to submit draft registration statements relating to initial public offerings (IPOs) for…more

Confidential Documents, Corporate Governance, EDGAR, Emerging Growth Companies, Foreign Private Issuers

See all updates »

FERC Enforcement – What to Expect in 2015

The Federal Energy Regulatory Commission’s (FERC’s) Office of Enforcement (Enforcement) recently released its annual report on enforcement activities for 2014. As is typical, Enforcement identified its primary concerns as…more

Annual Reports, CFTC, Energy Market, Enforcement Actions, Enforcement Statistics

See all updates »

SEC Adopts Interpretive Guidance on Pay Ratio Rule

On September 21, 2017, the Securities and Exchange Commission announced that it approved interpretive guidance to assist registrants in their efforts to comply with the pay ratio disclosure requirement in Item 402(u) of…more

Disclosure Requirements, Executive Compensation, Interpretive Opinions, Median Employee, New Guidance

See all updates »

Manifest Disregard for the Law is Not a Ground for Vacating TAA Arbitration Awards

Last Friday, the Texas Supreme Court, in Hoskins v. Hoskins, No. 15-0046, --- S.W.3d --- (Tex. May 20, 2016), ruled that an arbitration award may not be vacated under the Texas Arbitration Act (“TAA”) on grounds other than those…more

Appeals, Arbitration, Arbitration Awards, Manifest Disregard, Split of Authority

See all updates »

Shelby County v. Holder Decision Has Broad Impact on Voting Rights Act Compliance

On June 25, 2013, the Supreme Court of the United States issued a landmark Voting Rights Act opinion that will impact all Texas governmental entities…more

Attorney Generals, SCOTUS, Shelby v Holder, Voting Rights Act

See all updates »

SEC's Office of Compliance Inspections and Examinations Issues Risk Alert for Municipal Advisors

On November 7, 2017, the Office of Compliance Inspections and Examinations (“OCIE”) of the U.S. Securities and Exchange Commission (“SEC”) issued a risk alert that described the staff’s observations from over 110 examinations of…more

Books & Records, Municipal Advisers, OCIE, Registration, Risk Alert

See all updates »

Post-Election Update 2016

The 2016 election results have significant implications for companies across a wide range of industry sectors. From environmental policy to financial services to tax reform, President-elect Trump has committed to sweeping action…more

Anti-Dumping Duty, Barack Obama, Budget Reconciliation, Clean Energy, Clean Power Plan

See all updates »

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

Deadlines, No-Action Letters, Non-Convertible Debt Securities, SEC, Tender Offers

See all updates »

Post-Election Update 2016

The 2016 election results have significant implications for companies across a wide range of industry sectors. From environmental policy to financial services to tax reform, President-elect Trump has committed to sweeping action…more

Anti-Dumping Duty, Barack Obama, Budget Reconciliation, Clean Energy, Clean Power Plan

See all updates »

Nationwide Healthcare Prosecutions Targeting an Array of Practices . . . Is "Just The Beginning"

On July 13, 2017, the Department of Justice ("DOJ"), in conjunction with the Department of Health and Human Services ("HHS"), continued its annual tradition of coordinating the filing of charges and sweeping arrests in…more

Anti-Kickback Statute, Chiropractors, Criminal Prosecution, DOJ, Enforcement Actions

See all updates »

FERC Enforcement – What to Expect in 2015

The Federal Energy Regulatory Commission’s (FERC’s) Office of Enforcement (Enforcement) recently released its annual report on enforcement activities for 2014. As is typical, Enforcement identified its primary concerns as…more

Annual Reports, CFTC, Energy Market, Enforcement Actions, Enforcement Statistics

See all updates »

Can Foreign Partners Now Exit Partnerships Tax Free?

In Grecian Magnesite Mining v. Commissioner (“Grecian Magnesite”) the Tax Court held that a non-U.S. partner's gain from the redemption of its partnership interest was neither U.S. source income nor income effectively connected…more

Business Taxes, FIRPTA, Foreign Partner, Income Taxes, International Tax Issues

See all updates »

SEC Proposes New Rules Requiring Universal Proxy Cards

On October 26, 2016, the U.S. Securities and Exchange Commission proposed changes to the proxy rules to require the use of universal proxy cards in contested director elections. Universal proxy cards would permit shareholders to…more

Director Nominations, Proposed Rules, SEC, Shareholder Votes, Shareholders

See all updates »

Federal Reserve Proposes to Clarify and Reduce Supervisory Expectations on Boards of Directors

On August 9, 2017, the Board of Governors of the Federal Reserve (the "Federal Reserve") published proposed guidance on certain supervisory expectations for Boards of Directors of banks and holding companies. The proposal…more

Bank Holding Company, Banking Sector, Banks, Board of Directors, Federal Reserve

See all updates »

SEC Releases New Guidance on Shareholder Proposals

On November 1, 2017, the Staff of the Division of Corporation Finance of the Securities and Exchange Commission published in Staff Legal Bulletin No. 14I guidance relating to the excludability of certain shareholder proposals…more

Board of Directors, Corporate Governance, New Guidance, No-Action Relief, Ordinary Business Exception

See all updates »

United States Supreme Court Limits Definition of Debt Collector Under the Fair Debt Collection Practices Act

On June 12, 2017, the United States Supreme Court issued an opinion resolving a circuit court split as to whether a company that collects debts that it purchased for its own account would fall within the statutory definition of…more

Consumer Protection Laws, Creditors, Debt Buyers, Debt Collection, Debt Collectors

See all updates »

FERC Enforcement – What to Expect in 2015

The Federal Energy Regulatory Commission’s (FERC’s) Office of Enforcement (Enforcement) recently released its annual report on enforcement activities for 2014. As is typical, Enforcement identified its primary concerns as…more

Annual Reports, CFTC, Energy Market, Enforcement Actions, Enforcement Statistics

See all updates »

Does Your Bank's Website Violate The ADA?

There has been a recent surge in claims brought by people with visual and hearing impairments alleging that company websites violate the accessibility standards of the Americans with Disabilities Act (ADA). Until now, these…more

ADA, Banking Sector, Community Banks, Demand Letter, DOJ

See all updates »

Supreme Court Rules that Trademark Tacking is a Question for Juries

Yesterday, the Supreme Court unanimously held in Hana Financial v. Hana Bank, 574 U.S. ___ (2015), that trademark tacking is a question for juries. Trademark tacking, or the ability to "tack" a new mark to an older mark in order…more

Hana Financial v Hana Bank, Jury Questions, Likelihood of Confusion, SCOTUS, Tacking

See all updates »

Post-Election Update 2016

The 2016 election results have significant implications for companies across a wide range of industry sectors. From environmental policy to financial services to tax reform, President-elect Trump has committed to sweeping action…more

Anti-Dumping Duty, Barack Obama, Budget Reconciliation, Clean Energy, Clean Power Plan

See all updates »

Federal Court Invalidates Obama Administration Overtime Exemption Rule

On August 31, 2017, Judge Mazzant of the Eastern District of Texas invalidated the long-enjoined Obama Administration revised overtime regulation. The same judge previously granted a temporary, nationwide injunction blocking the…more

Appeals, DOL, FLSA, Minimum Salary, Obama Administration

See all updates »

Latest I-9 Form Published Yesterday

USCIS released yesterday the latest Form I-9, Employment Eligibility Verification. Employers may continue using the old Form I-9 with a revision date of 11/14/16 N through Sept. 17 (the revision date is indicated in the bottom…more

Employment Eligibility Verification, Hiring & Firing, I-9, Updated Forms, USCIS

See all updates »

Obtaining Diminution in Value Damages for Seller Misrepresentations in M&A Agreements: New Ruling in the Southern District of New York

On September 28, 2015, the U.S. District Court for the Southern District of New York issued an Opinion and Order (the Opinion) in favor of our client, Stanley Black & Decker, Inc. (SB&D), in its litigation arising from SB&D’s…more

Acquisitions, Damages, Diminution in Value, Escrow Instructions, Indemnification

See all updates »

OCIE Releases Risk Alert Regarding Advertisements of Investment Advisers

On September 14, 2017, OCIE published a Risk Alert identifying issues associated with Rule 206(4)(1) of the Investment Advisers Act of 1940 (the “Advertising Rule”). The Risk Alert was based on observations of the OCIE staff…more

Advertising, False Advertising, Investment Adviser, Investment Advisers Act of 1940, Investor Protection

See all updates »

Treasury and IRS Release Final Regulations on Qualifying Income, but Halted by Trump Moratorium

January 25, 2017 On January 19, 2017, the Department of the Treasury and the Internal Revenue Service (IRS) issued final regulations (Final Regulations) regarding qualifying income under Internal Revenue Code (Code) section…more

Final Rules, IRS, Minerals, Moratorium, Natural Gas

See all updates »

Tax Reform Could Indirectly Eliminate Direct Pay Subsidy For Outstanding Tax Credit Bonds

An article released by The Bond Buyer on November 14, 2017, reports that, if Congress were to pass the proposed legislation released by the Committee on Ways and Means of the U.S. House of Representatives on November 2, 2017…more

Bonds, Congressional Budget Office, Debt, Direct Pay Bonds, IRS

See all updates »

Texas Adopts EPA's Definition of Solid Waste Rule and E-Manifest Requirements

On June 10, 2016, the Texas Commission on Environmental Quality (“TCEQ”) adopted amendments to its statewide hazardous waste rules to incorporate changes made by the U.S. Environmental Protection Agency (“EPA”) to the federal…more

Amended Regulation, Department of Environmental Quality, Electronic Communications, EPA, Hazardous Waste

See all updates »

Executive Regulation on Value Added Tax in the UAE

The United Arab Emirates (“UAE”) Federal Tax Authority has recently published the draft Executive Regulations of Federal Decree Law No. 8 of 2017 on Value Added Tax (the “VAT Law”) which introduces a 5% VAT on the import and…more

Capital Assets, Exports, Goods or Services, Infrastructure, Registration Requirement

See all updates »

U.S. Chemical Safety and Hazard Investigation Board Releases Strategic Plan for 2017-2021

The U.S. Chemical Safety and Hazard Investigation Board (“CSB”) released its Strategic Plan for 2017-2021 today. The Strategic Plan is the result of 18 months of staff and stakeholder development and review. The plan serves as a…more

Chemicals, Spill Prevention Plans, Strategic Planning, U.S. Chemical Safety and Hazard Investigation Board (CSB), Workplace Safety

See all updates »

FERC Enforcement – What to Expect in 2015

The Federal Energy Regulatory Commission’s (FERC’s) Office of Enforcement (Enforcement) recently released its annual report on enforcement activities for 2014. As is typical, Enforcement identified its primary concerns as…more

Annual Reports, CFTC, Energy Market, Enforcement Actions, Enforcement Statistics

See all updates »

First Issuer MCDC SEC Settlement Announced

On July 8, 2014, the U.S. Securities and Exchange Commission announced that it has entered into a settlement order with Kings Canyon Joint Unified School District (Kings Canyon)—the first settlement with an issuer under the…more

Disclosure Requirements, Material Violation, MCDC, SEC, Settlement

See all updates »

FERC Enforcement – What to Expect in 2015

The Federal Energy Regulatory Commission’s (FERC’s) Office of Enforcement (Enforcement) recently released its annual report on enforcement activities for 2014. As is typical, Enforcement identified its primary concerns as…more

Annual Reports, CFTC, Energy Market, Enforcement Actions, Enforcement Statistics

See all updates »

The Impact of the Tax Cuts and Jobs Act on Executive Compensation

On November 9, 2017, the House Ways and Means Committee approved the House’s version of the tax reform bill (the “House Bill”) and voted to report it to the House floor for a full House vote. On the same day, the Senate Finance…more

Compensation & Benefits, Deferred Compensation, Executive Compensation, Proposed Amendments, Section 162(m)

See all updates »

Data Breach Lawsuit Survives Motion to Dismiss

In an April 13, 2017 decision in Walters v. Kimpton Hotel, a California federal judge rejected the bid of hotel chain Kimpton Hotel and Restaurant Group, LLC to dismiss a proposed class action arising from a data breach last…more

Actual Injuries, Breach of Implied Contract, Credit Monitoring, Data Breach, Hotels

See all updates »

FERC Enforcement – What to Expect in 2015

The Federal Energy Regulatory Commission’s (FERC’s) Office of Enforcement (Enforcement) recently released its annual report on enforcement activities for 2014. As is typical, Enforcement identified its primary concerns as…more

Annual Reports, CFTC, Energy Market, Enforcement Actions, Enforcement Statistics

See all updates »

Cyberattacked: The SEC Joins the Club

On September 20, the Securities and Exchange Commission announced that its system for electronic filing for public company disclosures, EDGAR, was compromised last year and that hackers may have used exposed information for…more

Cyber Attacks, Cybersecurity, Data Breach, EDGAR, Illegal Trading

See all updates »

SEC Proposes Additional Event Disclosures for Municipal Bond Issuers

On March 1, 2017, the Securities Exchange Commission voted in open meeting to propose amendments to Rule 15c2-12 under the Securities Exchange Act of 1934 adding two event notices to the current fourteen required in continuing…more

Bond Issuers, Comment Period, Disclosure Requirements, MSRB, Municipal Bonds

See all updates »

SEC Releases New Guidance on Shareholder Proposals

On November 1, 2017, the Staff of the Division of Corporation Finance of the Securities and Exchange Commission published in Staff Legal Bulletin No. 14I guidance relating to the excludability of certain shareholder proposals…more

Board of Directors, Corporate Governance, New Guidance, No-Action Relief, Ordinary Business Exception

See all updates »

Protecting Yourself Against Data Breach: Don't Be a Target

On May 5, 2014, Target Corporation Chief Executive Officer Gregg Steinhafel resigned after having been with the company for 35 years, another casualty of the massive data breach that continues to damage the nation’s…more

Cybersecurity, Data Breach, Data Protection, Target

See all updates »

Keep Quiet and Carry On under the EU Trade Secrets Directive

Much as the recent U.S. Defend Trade Secrets Act establishes uniform federal trade secrets protections across the states, the EU Trade Secrets Directive (the “Directive”) harmonizes similar protections across its Member States…more

Confidential Information, Cybersecurity, Employee Rights, EU, EU Trade Secrets Directive

See all updates »

SEC: 2015 Examination Priorities – Cybersecurity Compliance and Controls

Registered broker-dealers and investment advisers received a stern warning to strengthen their cybersecurity programs or face further regulatory scrutiny. On September 15, 2015, the SEC announced a plan to sharpen its focus on…more

Broker-Dealer, Compliance, Cybersecurity, Data Breach, Data Loss Prevention

See all updates »

A Permit System May Finally Arrive for the Migratory Bird Treaty Act - New Opportunities and Responsibilities

For years, Federal Courts have held that individuals can be held criminally liable under the Migratory Bird Treaty Act (MBTA) for the death of birds regardless of whether they intended to harm them. While several courts have…more

Cell Towers, Criminal Prosecution, Electricity, Endangered Species Act (ESA), Incidental Take Permits

See all updates »

Texas Supreme Court Narrows the Ability of General Contractors to Seek Chapter 82 Indemnity for Product Claims

On June 17, the Texas Supreme Court further clarified the definition of the word "seller" in Chapter 82 of the Texas Civil Practice and Remedies Code (known as the Texas Products Liability Act), which was intended to provide the…more

Appeals, Cross Motions, General Contractors, Indemnity, Manufacturers

See all updates »

The Impact of the Tax Cuts and Jobs Act on Executive Compensation

On November 9, 2017, the House Ways and Means Committee approved the House’s version of the tax reform bill (the “House Bill”) and voted to report it to the House floor for a full House vote. On the same day, the Senate Finance…more

Compensation & Benefits, Deferred Compensation, Executive Compensation, Proposed Amendments, Section 162(m)

See all updates »

Significant New Safety Requirements Proposed For Natural Gas Pipelines

On March 17, the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a major proposal to revise the safety standards for onshore natural gas pipelines. The proposed rule…more

Advanced Notice of Proposed Rulemaking (ANPRM), Natural Gas, PHMSA, Pipelines, Safety Standards

See all updates »

White House Issues Interim Guidance Memo on Implementation of "Two-for-One" Executive Order On Regulations, Invites Public Comment

On February 2, 2017, the Acting Administrator of the Office of Information and Regulatory Affairs (“OIRA”) issued a guidance document (the “Interim Guidance”) intended to help clarify President Trump’s January 30, 2017 Executive…more

Budgets, Cost-Containment, Deregulation, Energy Efficiency, Interim Guidance

See all updates »

Patentee's Day of Thanks Comes in Early November: Assessment of the USPTO's Recent Memorandum Regarding Patent Eligibility for Software Claims

A recent U.S. Patent & Trademark Office (USPTO) memorandum to the Patent Examining Corps, in combination with precedential cases from the Federal Circuit, provides positive guidance to owners of software patents and patent…more

CLS Bank v Alice Corp, Computer-Related Inventions, Judicial Exception, Myriad-Mayo, Patent-Eligible Subject Matter

See all updates »

NY Expands Jurisdictional Reach Over Foreign Banks Using Correspondent Accounts

The New York Court of Appeals recently gave a leg-up to plaintiffs seeking to hale foreign banks before New York state courts, clarifying that the use of a New York-based correspondent account could, under certain circumstances,…more

Aiding and Abetting, Bank Accounts, Bribery, Due Process, Foreign Banks

See all updates »

Equal Employment Opportunity Commission Announces EEO-1 Form Stay

On August 29, 2017, the Office of Management and Budget (OMB) announced that it is initiating a review and immediate stay of the effectiveness of the revised EEO-1 Form pay reporting requirements...…more

EEO-1, EEOC, OMB, Pay Data, Stays

See all updates »

Willful Infringement: "If I could turn back time..."

Unlike Cher, the U.S. Supreme Court can turn back time. In Halo Electronics v. Pulse Electronics, the Court unanimously upended the law on enhanced damages for willful patent infringement set forth in by the Federal Circuit in…more

35 U.S.C. § 284, Abuse of Discretion, Enhanced Damages, Halo v Pulse, Judicial Discretion

See all updates »

FERC Enforcement – What to Expect in 2015

The Federal Energy Regulatory Commission’s (FERC’s) Office of Enforcement (Enforcement) recently released its annual report on enforcement activities for 2014. As is typical, Enforcement identified its primary concerns as…more

Annual Reports, CFTC, Energy Market, Enforcement Actions, Enforcement Statistics

See all updates »

Obtaining Diminution in Value Damages for Seller Misrepresentations in M&A Agreements: New Ruling in the Southern District of New York

On September 28, 2015, the U.S. District Court for the Southern District of New York issued an Opinion and Order (the Opinion) in favor of our client, Stanley Black & Decker, Inc. (SB&D), in its litigation arising from SB&D’s…more

Acquisitions, Damages, Diminution in Value, Escrow Instructions, Indemnification

See all updates »

Willful Infringement: "If I could turn back time..."

Unlike Cher, the U.S. Supreme Court can turn back time. In Halo Electronics v. Pulse Electronics, the Court unanimously upended the law on enhanced damages for willful patent infringement set forth in by the Federal Circuit in…more

35 U.S.C. § 284, Abuse of Discretion, Enhanced Damages, Halo v Pulse, Judicial Discretion

See all updates »

Willful Infringement: "If I could turn back time..."

Unlike Cher, the U.S. Supreme Court can turn back time. In Halo Electronics v. Pulse Electronics, the Court unanimously upended the law on enhanced damages for willful patent infringement set forth in by the Federal Circuit in…more

35 U.S.C. § 284, Abuse of Discretion, Enhanced Damages, Halo v Pulse, Judicial Discretion

See all updates »

SEC's Office of Compliance Inspections and Examinations Issues Risk Alert for Municipal Advisors

On November 7, 2017, the Office of Compliance Inspections and Examinations (“OCIE”) of the U.S. Securities and Exchange Commission (“SEC”) issued a risk alert that described the staff’s observations from over 110 examinations of…more

Books & Records, Municipal Advisers, OCIE, Registration, Risk Alert

See all updates »

Nationwide Healthcare Prosecutions Targeting an Array of Practices . . . Is "Just The Beginning"

On July 13, 2017, the Department of Justice ("DOJ"), in conjunction with the Department of Health and Human Services ("HHS"), continued its annual tradition of coordinating the filing of charges and sweeping arrests in…more

Anti-Kickback Statute, Chiropractors, Criminal Prosecution, DOJ, Enforcement Actions

See all updates »

Federal Circuit Strengthens ITC's Authority to Police Importation

On August 10, 2015, the Federal Circuit, acting en banc, ruled that the International Trade Commission (ITC) has the authority to prevent importation of products based on claims for induced infringement where the predicate act…more

Corporate Counsel, Direct Infringement, Foreign-Made Goods, Imports, Induced Infringement

See all updates »

SEC Approves PCAOB's New Rules on Auditor Reports

The Securities and Exchange Commission has approved the Public Company Accounting Oversight Board’s (PCAOB) proposed Auditing Standard 3101, The Auditor’s Report on an Audit of Financial Statements When the Auditor Expresses An…more

Amended Rules, Audit Reports, Auditors, Audits, Disclosure

See all updates »

EPA Withdraws Oil and Gas Information Collection Request

On March 2, 2017, new EPA Administrator Scott Pruitt made it clear that he will follow through on President Trump's promise to reduce regulatory burdens by withdrawing the Information Collection Request (ICR) that the Obama EPA…more

Clean Air Act, Energy Policy, EPA, Greenhouse Gas Emissions, Oil & Gas

See all updates »

Willful Infringement: "If I could turn back time..."

Unlike Cher, the U.S. Supreme Court can turn back time. In Halo Electronics v. Pulse Electronics, the Court unanimously upended the law on enhanced damages for willful patent infringement set forth in by the Federal Circuit in…more

35 U.S.C. § 284, Abuse of Discretion, Enhanced Damages, Halo v Pulse, Judicial Discretion

See all updates »

Tax Reform Could Indirectly Eliminate Direct Pay Subsidy For Outstanding Tax Credit Bonds

An article released by The Bond Buyer on November 14, 2017, reports that, if Congress were to pass the proposed legislation released by the Committee on Ways and Means of the U.S. House of Representatives on November 2, 2017…more

Bonds, Congressional Budget Office, Debt, Direct Pay Bonds, IRS

See all updates »

Patentee's Day of Thanks Comes in Early November: Assessment of the USPTO's Recent Memorandum Regarding Patent Eligibility for Software Claims

A recent U.S. Patent & Trademark Office (USPTO) memorandum to the Patent Examining Corps, in combination with precedential cases from the Federal Circuit, provides positive guidance to owners of software patents and patent…more

CLS Bank v Alice Corp, Computer-Related Inventions, Judicial Exception, Myriad-Mayo, Patent-Eligible Subject Matter

See all updates »

SEC Announces 71 Issuer MCDC Settlements

On August 24, 2016, the SEC announced that it had entered into settlement orders with 71 municipal issuers and other obligated persons for violations of federal securities laws in municipal bond offerings. The issuers and…more

Cease and Desist, Enforcement Actions, False Statements, MCDC, Misrepresentation

See all updates »

DOJ Announces First Declinations After Implementing FCPA Pilot Program

The U.S. Department of Justice (DOJ) issued its first set of public declinations since its April unveiling of a new self-reporting Foreign Corrupt Practices Act (FCPA) pilot program. On June 7, 2016, Akamai Technologies, Inc., a…more

Bribery, China, Disgorgement, DOJ, FCPA

See all updates »

Mexico’s National Hydrocarbons Commission (CNH) Issues Round One’s Third Bid For Onshore Fields

Mexico’s National Hydrocarbon Commission (Comisión Nacional de Hidrocarburos) (“CNH”) announced on May 11 the terms for the third bid of Round One. Unlike the two earlier bids which covered 19 shallow water areas, the third bid…more

Competitive Bidding, Energy Projects, Energy Sector, Hydrocarbons, Mexico

See all updates »

Federal Reserve Proposes to Clarify and Reduce Supervisory Expectations on Boards of Directors

On August 9, 2017, the Board of Governors of the Federal Reserve (the "Federal Reserve") published proposed guidance on certain supervisory expectations for Boards of Directors of banks and holding companies. The proposal…more

Bank Holding Company, Banking Sector, Banks, Board of Directors, Federal Reserve

See all updates »

Manifest Disregard for the Law is Not a Ground for Vacating TAA Arbitration Awards

Last Friday, the Texas Supreme Court, in Hoskins v. Hoskins, No. 15-0046, --- S.W.3d --- (Tex. May 20, 2016), ruled that an arbitration award may not be vacated under the Texas Arbitration Act (“TAA”) on grounds other than those…more

Appeals, Arbitration, Arbitration Awards, Manifest Disregard, Split of Authority

See all updates »

Shelby County v. Holder Decision Has Broad Impact on Voting Rights Act Compliance

On June 25, 2013, the Supreme Court of the United States issued a landmark Voting Rights Act opinion that will impact all Texas governmental entities…more

Attorney Generals, SCOTUS, Shelby v Holder, Voting Rights Act

See all updates »

EPA Withdraws Oil and Gas Information Collection Request

On March 2, 2017, new EPA Administrator Scott Pruitt made it clear that he will follow through on President Trump's promise to reduce regulatory burdens by withdrawing the Information Collection Request (ICR) that the Obama EPA…more

Clean Air Act, Energy Policy, EPA, Greenhouse Gas Emissions, Oil & Gas

See all updates »

Affordable Care Act Mandates Employer Notice of Coverage Options to Employees by October 1, 2013

Pursuant to the Affordable Care Act (ACA), individuals and employees of small businesses will be able to access health insurance coverage through a private health insurance market – the Health Insurance Marketplace – beginning…more

Affordable Care Act, Deadlines, Employee Benefits, Employer Mandates, FLSA

See all updates »

Texas Supreme Court Narrows the Ability of General Contractors to Seek Chapter 82 Indemnity for Product Claims

On June 17, the Texas Supreme Court further clarified the definition of the word "seller" in Chapter 82 of the Texas Civil Practice and Remedies Code (known as the Texas Products Liability Act), which was intended to provide the…more

Appeals, Cross Motions, General Contractors, Indemnity, Manufacturers

See all updates »

White House Issues Interim Guidance Memo on Implementation of "Two-for-One" Executive Order On Regulations, Invites Public Comment

On February 2, 2017, the Acting Administrator of the Office of Information and Regulatory Affairs (“OIRA”) issued a guidance document (the “Interim Guidance”) intended to help clarify President Trump’s January 30, 2017 Executive…more

Budgets, Cost-Containment, Deregulation, Energy Efficiency, Interim Guidance

See all updates »

Executive Regulation on Value Added Tax in the UAE

The United Arab Emirates (“UAE”) Federal Tax Authority has recently published the draft Executive Regulations of Federal Decree Law No. 8 of 2017 on Value Added Tax (the “VAT Law”) which introduces a 5% VAT on the import and…more

Capital Assets, Exports, Goods or Services, Infrastructure, Registration Requirement

See all updates »

Third Circuit Holds that Automatic Perfection Provisions Are Not So Automatic

Close to ten years have passed since the filing of the chapter 11 cases of Tulsa, Oklahoma-based SemCrude L.P., but this week, the Third Circuit Court of Appeals affirmed a 2015 district court ruling that resolved a dispute…more

Chapter 11, Commercial Bankruptcy, Downstream Agreements, Mineral Rights, Oil & Gas

See all updates »

Third Circuit Holds that Automatic Perfection Provisions Are Not So Automatic

Close to ten years have passed since the filing of the chapter 11 cases of Tulsa, Oklahoma-based SemCrude L.P., but this week, the Third Circuit Court of Appeals affirmed a 2015 district court ruling that resolved a dispute…more

Chapter 11, Commercial Bankruptcy, Downstream Agreements, Mineral Rights, Oil & Gas

See all updates »

President Trump Takes First Steps On Dodd-Frank Reform

Last week, the Trump Administration took initial action toward Dodd-Frank reform. President Trump signed two Presidential actions—one Executive Order regarding the Dodd-Frank Act more broadly, and one Presidential Memorandum…more

Dodd-Frank, Executive Orders, Fiduciary Rule, FSOC, Presidential Memorandum

See all updates »

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