Bracewell LLP

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711 Louisiana Street
Suite 2300
Houston, Texas 77002-2770, United States
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
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  • Energy & Utilities
  • Environmental Law
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  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
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Locations
Other U.S. Locations
  • Connecticut
  • D.C.
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  • Texas
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Other Countries
  • United Arab Emirates
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Number of Attorneys
400+ Attorneys

More Wiggle Room for White Hat Hackers?

On May 19, 2022, the Department of Justice (“DOJ”) announced significant clarifications to its policy on charging Computer Fraud and Abuse Act (“CFAA”) violations that give some comfort to cyber security consultants who engage…more

Computer Fraud and Abuse Act (CFAA), Cyber Crimes, Cybersecurity, Department of Justice (DOJ), Enforcement Actions

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House Unanimously Passes Music Modernization Act – Paves the Way for Major Updates to Digital Music Royalty Ecosystem

A major upgrade for music copyright and licensing laws is one step closer to reality with the U.S. House of Representative's unanimous passage of HR 5447, dubbed the Music Modernization Act ("MMA"), which is aimed at…more

Copyright, Digital Media, IP License, Legislative Agendas, Music

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New UAE Commercial Companies Law: Summary of Key Changes

Background - Federal Law No. 32 of 2021 on Commercial Companies (the New Companies Law) has repealed and replaced Federal Law No. 2 of 2015 on Commercial Companies (the Repealed Companies Law). The New Companies Law,…more

Commercial Companies Law, General Assembly, Limited Liability Company (LLC), Special Purpose Acquisition Companies (SPACs), Special Purpose Vehicles

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COVID-19 Preparedness

Employers across the world are responding to the developing information on the coronavirus (referred to as COVID-19). While there are many considerations, and many fact-specific considerations based on the nature of the…more

Coronavirus/COVID-19, Employer Liability Issues, Health and Safety, Human Resources Professionals, Infectious Diseases

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COVID-19 Impact on US Renewable Energy Projects

The COVID-19 pandemic is raising numerous concerns for renewable energy projects under development in the United States. First, will Congress address renewable energy industry concerns in the coming round of the COVID-19…more

Banks, Borrowers, Compliance, Contract Terms, Coronavirus/COVID-19

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Willfulness Not a Prerequisite for Trademark Infringer’s Profits

U.S. Supreme Court settles circuit split over whether plaintiffs must prove willful infringement in order to recover a defendant’s profits - The Supreme Court’s decision Thursday in Romag Fasteners, Inc. v. Fossil, Inc…more

§ 1125(a), § 1125(c), Appeals, Burden of Proof, Charge-Filing Preconditions

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Tax Reform Preserves PABs, Axes Advance Refundings

On December 15, 2017, the conference committee on tax reform (the “Conference Committee”) released its Conference Report (the “Conference Report”) describing the agreements forged to reconcile differences between the respective…more

Corporate Taxes, Income Taxes, Legislative Agendas, Tax Deductions, Tax Exempt Entities

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Buyers and Sellers Should Plan for Close Scrutiny of North Sea Oil and Gas Deals

Over recent years, there has been an increase in M&A activity in the UK’s upstream oil and gas sector. The UK’s offshore industry has attracted this investment for reasons including the recent oil price recovery, a relatively…more

Buyers, Greenhouse Gas Emissions, Infrastructure, Net Zero, Oil & Gas

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SEC Continues Its Focus on Executive Compensation

In its latest move to press for stronger regulation of executive compensation, on November 29, 2021, the U.S. Securities and Exchange Commission announced staff accounting guidance on share-based executive compensation awards…more

Corporate Counsel, Executive Compensation, Incentive Compensation, Internal Revenue Code (IRC), Material Nonpublic Information

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Privacy Shield Invalidated by ECJ

On Thursday, July 16, the European Court of Justice (ECJ) ruled that the EU-US Privacy Shield is invalid. The ruling stems from the complaints filed with the Irish supervisory authority by Max Schrems regarding the transfer of…more

Data Collection, Data Privacy, Data Protection, EU-US Privacy Shield, European Court of Justice (ECJ)

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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

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Federal Court of Appeals Allows OSHA's Vaccination/Testing Rule for Employers with 100+ Employees to Go Forward

Late this past Friday, December 17, a panel of the Sixth Circuit Court of Appeals issued an order dissolving the Fifth Circuit Court of Appeals' stay that had blocked implementation of OSHA’s Emergency Temporary Standard (ETS)…more

Appeals, Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Employer Mandates, Injunctions

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SEC Updates Statistical Disclosure Requirements for Banking Registrants

On September 11, 2020, the Securities and Exchange Commission announced that it has adopted final rules to update and expand the statistical disclosures that bank and savings and loan registrants provide to investors, in its…more

Compliance, Disclosure Requirements, Final Rules, Investors, SEC

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Supreme Court Resolves Circuit Split Over 28 U.S.C. § 1782

On Monday, the Supreme Court resolved a circuit split and issued a long-awaited decision holding that broad U.S.-style discovery under 28 U.S.C. § 1782 is not available in private foreign arbitrations. In the past decade,…more

28 U.S.C. § 1782, Arbitration, Commercial Arbitration, Federal Arbitration Act, Foreign Arbitration Clauses

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SEC Adopts Amendments to Modernize and Simplify Disclosure Requirements

The Securities and Exchange Commission has adopted final rules amending Regulation S-K and certain other rules and forms to modernize and simplify disclosure requirements. Among other matters, the amendments reduce and clarify…more

Amended Rules, Corporate Governance, Disclosure Requirements, Fixing America’s Surface Transportation Act (FAST Act), MD&A Statements

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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

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FERC Proposes Overhaul of Interconnection Procedures

On June 16, 2022, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued a Notice of Proposed Rulemaking (“Generator Interconnection Reform NOPR”) seeking comments on proposed reforms to FERC’s pro forma…more

Advanced Notice of Proposed Rulemaking (ANPRM), Capital Investments, FERC, Interconnections, ISOs

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Is the Opportunity Now a Reality? IRS and Treasury Release Second Tranche of Opportunity Zone Regulations

After months of waiting, the IRS and the Treasury Department have released a second set of proposed regulations (the “Second Tranche”) relating to the opportunity zone provisions enacted as part of the Tax Cuts and Jobs Act of…more

Capital Assets, Capital Gains, Community Development, Economic Development, Internal Revenue Code (IRC)

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Revisiting Force Majeure and Other Contractual Considerations Amid COVID-19

In addition to the tragic human toll that it has caused, the coronavirus pandemic has also wreaked havoc on businesses throughout world, leaving countless companies and individuals unable to perform their contractual…more

Act of God, Coronavirus/COVID-19, Force Majeure Clause, Triggering Event

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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

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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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Cyber Siren Warning - When State Actors Attack

Russia began a physical invasion of Ukraine Wednesday night, and as the United States responded with sanctions, the threat of cyberattacks against American companies became more acute. Major American businesses – from banks to…more

Cyber Attacks, Cybersecurity, Denial of Service Attacks, Homeland Security Cybersecurity & Infrastructure Security Agency (CISA), Russia

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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

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FINRA Facts and Trends: June 2022

Welcome to the latest issue of Bracewell’s FINRA Facts and Trends, a monthly newsletter devoted to condensing and digesting recent FINRA developments in the areas of enforcement, regulation and dispute resolution. FINRA’s…more

Arbitration Awards, Broker-Dealer, Crowdfunding, Dispute Resolution, Enforcement

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Oil Spot Trading: Whose Terms Apply - The Incorporation of English Jurisdiction Clauses in Oral Agreements

Spot trading of oil is often done at speed and over the phone, with confirmatory written terms arriving after the sale. The practice has inherent legal risk – the terms of the deal may be uncertain and incomplete. In Addax…more

Energy Sector, Oil & Gas, UK

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Good Faith in English Contract Law

Summary - Under English law, there is no general doctrine of good faith. This means that there is no general obligation to act in good faith during the negotiation of commercial contracts. The exceptions to this rule include…more

Duty of Rationality, Good Faith, UK

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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

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UAE Employment Law Update

2 February 2022 saw the introduction of a new UAE Labour Law in the form of UAE Federal Law No. 33 of 2021, Regulating Labour Relations (“New Law”), repealing the existing UAE Labour Law, UAE Federal Law No. 8 of 1980 as amended…more

Compliance, Contract Terms, Employment Policies, International Labor Laws, Labor Relations

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DOJ Reveals Foreign Agent Cases Are Fara from Over

On March 6, Assistant Attorney General for National Security John C. Demers announced that the Department of Justice (“DOJ”) has designated a new deputy chief to lead the Foreign Agents Registration Act (“FARA”) unit and that…more

Department of Justice (DOJ), Foreign Agents, Foreign Agents Registration Act (FARA), Foreign Governments, Foreign Nationals

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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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Compliance Take Heed: CFTC Fines Tyson Foods $1.5 Million for Position Limits, Reporting, and Record Keeping Violations

On August 13, 2021, the Commodity Futures Trading Commission (“CFTC” or “Commission”) approved a settlement to resolve allegations that Tyson Foods, Inc. (“Tyson”) exceeded the CFTC’s position limits for soybean meal futures…more

CFTC, Corporate Counsel, Fines, Recordkeeping Requirements, Tyson Foods

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Is the "S" in ESG Poised for a Breakout Year in 2022 for Sustainability-Linked Loans?

If last year was any indication, 2022 may be another record-setting year for the sustainable syndicated loan market. According to financial data provider Refinitiv, new issuances of sustainability-linked loans (“SLLs”) climbed…more

Diversity and Inclusion Standards (D&I), Environmental Social & Governance (ESG), Sustainability, Sustainability-Linked Loans (SLLs), Verification Requirements

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EPA and Army Say they are Staying in the Comfort Zone with the Proposed Revision to the Definition of "Waters of the United States"

On November 18, 2021, EPA and the Department of the Army released their anticipated proposed revision to the definition of “waters of the United States” (WOTUS) – which phrase governs the geographic reach of the Clean Water Act…more

Clean Water Act, EPA, Navigable Waters, Proposed Rules, SCOTUS

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The Bipartisan SCALE Act: Increasing Investments in CCUS

Today, March 17, 2021, a bipartisan group of legislators introduced groundbreaking legislation aimed at advancing investments in large-scale carbon capture, utilization, and storage (CCUS) projects. The Storing CO2 and Lowering…more

Biden Administration, Carbon Capture and Sequestration, Clean Energy, Infrastructure, Investment

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What to Watch: Five Key Features of the Infrastructure Package

The President has announced more details regarding the new national infrastructure initiative that he referenced during his State of the Union address. The details suggest the Administration is taking a new approach to…more

Critical Infrastructure Sectors, Infrastructure, Infrastructure Financing, Innovative Technology, Legislative Agendas

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"A Clash of Two Congressionally Constructed Titans": Fifth Circuit Declares Bankruptcy Court Victorious Over FERC in In re Ultra Petroleum Corporation

On March 14, 2022, the United States Court of Appeals for the Fifth Circuit (the “Fifth Circuit”) revisited the issue of the rejection of filed-rate contracts in bankruptcy where such contracts are governed by the Federal Energy…more

Appeals, Bankruptcy Code, Bankruptcy Court, Chapter 11, Federal Power Act

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Reeves County District Court Rules in Favor of Oil & Gas Operator in Produced Water Dispute

On November 2, 2021, the Reeves County, Texas, District Court held in COG Operating LLC (“COG”) vs. Cactus Water Services, LLC et al. (“Cactus”) that COG, the oil & gas operator, (1) owns, among other things, the products…more

Hydrocarbons, Mineral Leases, Oil & Gas, Well Drilling

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Fifth Circuit Holds Highly Compensated Oilfield Workers Paid a Day Rate are Entitled to Overtime

The day-rate tool pusher earning $963.00 per day is not exempt from the overtime provisions of the Fair Labor Standards Act (“FLSA”) – in other words, he or she is entitled to overtime pay. So holds the Fifth Circuit. The…more

Department of Labor (DOL), En Banc Review, FLSA, Highly Compensated Employees, Oil & Gas

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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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Force Majeure and Material Adverse Change in Reserve Based Lending (RBL): When Two Black Swans Collide

A “black swan event” is an unpredictable event that is beyond what is normally expected and which has potentially severe consequences. Black swan events are characterised by their rareness and severity…more

Coronavirus/COVID-19, Energy Sector, Force Majeure Clause, Material Adverse Change Clauses (MACs), Oil & Gas

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Sanctions and Cyber and Crypto, Oh My: The Convergence of Emerging Regulatory and Enforcement Risks Requires Nimble Responses Across Sectors

At a sanctions conference held in Washington D.C. on May 5, government officials, practitioners and corporations highlighted the government’s broadening focus on anti-corruption enforcement, across more traditionally siloed…more

Anti-Bribery, Anti-Corruption, Anti-Money Laundering, Arms Export Control Act, Cryptocurrency

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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

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Challenging Policy on Climate Change Grounds

Divisional Court split on challenge against UK Export Finance’s decision to provide finance to the Mozambique LNG Project - In R (on the application of Friends of the Earth Limited) (the “Claimant”) v The Secretary of State…more

Climate Change, Fossil Fuel, Greenhouse Gas Emissions, Liquid Natural Gas, Mozambique

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A Victim Of Its Own Success? Jordan Re-evaluates Its Power Generation Strategy

Jordan’s approach to the development of renewable energy generation infrastructure has long been regarded as a template for other governments in the region. Through leveraging its favourable geography and climate for wind and…more

Energy Efficiency, Energy Projects, Energy Sector, Energy Storage, Financial Institutions

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Stay-At-Home Orders – 10 Step Evaluation Process For Manufacturers

In the week following our initial client alert regarding the effect of government stay-at-home orders on your manufacturing operations, approximately 27 states (and many other local authorities) have implemented a version of a…more

Coronavirus/COVID-19, Manufacturers, Operators of Essential Services

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Singing the Same Claim Construction Tune: USPTO Adopts Federal Court Claim Construction Standard for AIA Proceedings

On October 11, 2018, the United States Patent and Trademark Office (USPTO) published notice of a final rule change adopting the claim construction standard applied by federal courts for use by the Patent Trial and Board (PTAB)…more

America Invents Act, Broadest Reasonable Interpretation Standard, Claim Construction, Covered Business Method Proceedings, Final Rules

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Ransomware: An Enterprise Risk for the Unprepared

For a company with robust data protection and recovery practices, a ransomware attack may cause a few extra headaches, but it won’t wipe the company out. Companies without those protections in place, however, risk allowing…more

Bankruptcy Court, Chapter 11, Cyber Attacks, Data Protection, FBI

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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

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2019 Incentive Stock Option & Employee Stock Purchase Plan Reporting

Now that 2020 is almost here, corporations should be aware of IRS reporting requirements regarding certain 2019 stock transactions with their employees. Section 6039 of the Internal Revenue Code of 1986, as amended (the…more

Administrative Monetary Penalties, Employee Incentive Plans, Employee Stock Purchase Plans, Incentive Compensation, Internal Revenue Code (IRC)

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Government Enforcement and Investigations Year-In-Review: The Administration Has Moved Its Pieces into Place

On Monday, President Biden released the United States Strategy on Countering Corruption, which details how the United States will work “domestically and internationally, with governmental and non-governmental partners, to…more

Anti-Corruption, Anti-Money Laundering, CFTC, Cryptocurrency, Cybersecurity

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Closing the Side Door – The Imperative of the College Admission Scandal

On March 12, 2019, the Justice Department unveiled its indictment and charges of 50 individuals involved in one of the most sweeping admissions scandals to hit higher education. Eight universities have been implicated in the…more

Bribery, Criminal Conspiracy, Criminal Liability, Department of Justice (DOJ), Indictments

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Corporate Governance Considerations Under the SEC's Proposed Climate Disclosure Rules

As we have noted previously, the U.S. Securities and Exchange Commission’s recently proposed rules governing climate-related disclosures, if adopted as proposed, would represent a sea change to the existing public-company…more

Climate Change, Corporate Governance, Disclosure Requirements, Greenhouse Gas Emissions, Proposed Rules

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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

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Will Mandated ESG Disclosures Lead to Increased Litigation Risk?

With the Securities and Exchange Commission resolute in its efforts to establish new disclosure requirements related to environmental, social and governance (ESG) risks, companies appear increasingly resigned to some measure of…more

Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG), Reporting Requirements, SEC

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An Imperfect Match: Aligning the Deemed Dividend Rule with the Post-Tax Reform DRD

Eighteen months after the passage of the Tax Cuts and Jobs Act (TCJA or the Act), tax practitioners and taxpayers alike still are looking to Treasury for guidance to interpret and fill in gaps in the new tax laws. The hasty…more

Controlled Foreign Corporations, Corporate Taxes, Dividends, Final Report, IRS

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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, Class Action Arbitration Waivers, Consumer Contracts, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB)

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Federal and State Infrastructure Projects in Mexico

Members of Bracewell’s Project Finance team recently visited financial institutions, consulting firms and law firms in Mexico City to gain a better understanding of the current trends related to infrastructure development and…more

Acquisitions, Federal Funding, Infrastructure, Mergers, Mexico

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Climate change disclosures for premium-listed companies on the London stock exchange

Climate change is now a regular feature of boardroom discussions. Companies have acknowledged that it will directly impact their business, with the former Bank of England Governor Mark Carney recently noting that “changes in…more

Climate Change, Corporate Governance, Environmental Social & Governance (ESG), Publicly-Traded Companies, Task Force on Climate-related Financial Disclosures (TCFD)

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"A Clash of Two Congressionally Constructed Titans": Fifth Circuit Declares Bankruptcy Court Victorious Over FERC in In re Ultra Petroleum Corporation

On March 14, 2022, the United States Court of Appeals for the Fifth Circuit (the “Fifth Circuit”) revisited the issue of the rejection of filed-rate contracts in bankruptcy where such contracts are governed by the Federal Energy…more

Appeals, Bankruptcy Code, Bankruptcy Court, Chapter 11, Federal Power Act

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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 of Appeals Allows OSHA's Vaccination/Testing Rule for Employers with 100+ Employees to Go Forward

Late this past Friday, December 17, a panel of the Sixth Circuit Court of Appeals issued an order dissolving the Fifth Circuit Court of Appeals' stay that had blocked implementation of OSHA’s Emergency Temporary Standard (ETS)…more

Appeals, Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Employer Mandates, Injunctions

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Class Actions Begin: Plaintiffs Target Banks for PPP Loan Processing

A number of class-action lawsuits have been filed targeting national and community banks for their processing of loans under the Small Business Administration’s Paycheck Protection Program (PPP). It is not surprising that…more

CARES Act, Class Action, Community Banks, Coronavirus/COVID-19, Paycheck Protection Program (PPP)

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Texas Supreme Court Expands Upon the Rights of Oil and Gas Producers to Deduct Post-Production Costs in Burlington Resources Oil & Gas Company, L.P. v. Texas Crude Energy, LLC

To the relief of oil and gas producers, the Texas Supreme Court ruled on March 1, 2019, in Burlington Resources Oil & Gas Company, L.P. v. Texas Crude Energy, LLC (No. 17-0266), that post-production costs were rightfully…more

Appeals, Assignments, Contract Terms, Exploration and Production Assets, Mineral Leases

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Infrastructure Investment and Jobs Act: Selected Changes Impacting Public-Private Partnerships

On November 15, President Biden signed into law the $1 trillion Infrastructure Investment and Jobs Act (the “IIJA” or the “Act”) which cleared the House of Representatives in early November after months of delay. The new law…more

Biden Administration, Carbon Capture and Sequestration, Grants, Infrastructure, Infrastructure Investment and Jobs Act (IIJA)

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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

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Government Enforcement and Investigations Year-In-Review: The Administration Has Moved Its Pieces into Place

On Monday, President Biden released the United States Strategy on Countering Corruption, which details how the United States will work “domestically and internationally, with governmental and non-governmental partners, to…more

Anti-Corruption, Anti-Money Laundering, CFTC, Cryptocurrency, Cybersecurity

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More Wiggle Room for White Hat Hackers?

On May 19, 2022, the Department of Justice (“DOJ”) announced significant clarifications to its policy on charging Computer Fraud and Abuse Act (“CFAA”) violations that give some comfort to cyber security consultants who engage…more

Computer Fraud and Abuse Act (CFAA), Cyber Crimes, Cybersecurity, Department of Justice (DOJ), Enforcement Actions

See all updates »

Class Actions Begin: Plaintiffs Target Banks for PPP Loan Processing

A number of class-action lawsuits have been filed targeting national and community banks for their processing of loans under the Small Business Administration’s Paycheck Protection Program (PPP). It is not surprising that…more

CARES Act, Class Action, Community Banks, Coronavirus/COVID-19, Paycheck Protection Program (PPP)

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Attestation: Practical Reflections on What the SEC Climate Proposal Will Require

Among the many changes set forth in the U.S. Securities and Exchange Commission’s proposed rules governing climate-related disclosures are the attestation requirements1 covering registrants’ greenhouse gas (GHG) emissions…more

Attestation Requirements, Climate Change, Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG)

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Power Struggles: Maximizing Insurance Recoveries from Winter Storms

Record-breaking winter weather in Texas has had devastating impacts across the state, and challenges still remain. Millions of homes and businesses were without power, water, internet and other services, leaving employees unable…more

Business Expenses, Business Interruption, Business Losses, Civil Authority Coverage, FEMA

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Fifth Circuit's Constitutional Carve-Back of the SEC's ALJ Enforcement Proceedings Likely to Lead to More Federal Court Cases

On May 18, 2022, the United States Court of Appeals for the Fifth Circuit (the “Fifth Circuit”) dealt a major blow to the U.S. Securities and Exchange Commission’s (“SEC”) enforcement program. In Jarkesy v. SEC, the Fifth…more

Administrative Law Judge (ALJ), Appeals, Civil Monetary Penalty, Consumer Protection Act, Dodd-Frank

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Are the financial markets ready to weather the COVID-19 Storm?

The current COVID-19 pandemic is causing significant concern in the financial markets, reviving memories of the 2008 financial crisis. The sudden and almost complete shutdown of many non-essential businesses due to the mandatory…more

Business Closures, Business Interruption, Coronavirus/COVID-19, Dow Jones, Economic Downturn

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CARES Act Update: IRS Issues Guidance for Amending Partnership Tax Returns

On April 8, 2020, the IRS released Revenue Procedure 2020-23 (the Revenue Procedure), which provides guidance for partnerships subject to the centralized partnership audit regime under the Bipartisan Budget Act of 2015 (the BBA…more

Audits, Bi-Partison Balanced Budget Act (BBA), CARES Act, IRS, New Guidance

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Spin Me Right Round: Recent Developments Impacting Tax-Free Spin-Offs

In our recent article on spin-offs (click here), we discussed an announcement made by the Internal Revenue Service (IRS) signaling a change in the application of the active trade or business (ATB) requirement under Section 355…more

Active Trade or Business Test, Internal Revenue Code (IRC), IRS, Passive Foreign Investment Company, Section 355

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Update on Securities and Exchange Commission’s Landmark Proposed Climate- Change Disclosure Rulemaking

Things to Consider - Rulemaking - Coordinate closely with trades to ensure their comments reflect concrete information about impracticability and cost; these make a difference in the admin record upon judicial review..…more

Carbon Emissions, Climate Change, Disclosure Requirements, Environmental Social & Governance (ESG), Governance Standards

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The CFTC Proposes a New Approach to Federal Position Limits -- Will This One Stick?

At its open meeting held on January 30, 2020, the Commodity Futures Trading Commission (“CFTC” or “the Commission”) approved a proposed rulemaking to institute federal position limits in an effort to prevent excessive…more

Bona Fide Hedging, CFTC, Comment Period, Commodities Traders, Commodity Futures Contracts

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2020 Post-Election Analysis: Issue by Issue

FIRST 100 DAYS - As President-elect Biden stands poised to assume the office he has aspired to for the past three decades, he inherits a national crisis not unlike the one he stepped into as vice president nearly 12 years ago…more

Air Quality Standards, Biden Administration, China, Clean Power Plan, Clean Water Act

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SEC Leaders Ask Municipal Issuers for Voluntary COVID-19 Disclosure

On May 4, Securities and Exchange Commission Chairman Jay Clayton and Rebecca Olsen, Director of the SEC’s Office of Municipal Securities, issued a statement entitled “The Importance of Disclosure for our Municipal Markets”1…more

Coronavirus/COVID-19, EMMA, Municipal Securities Market, SEC, Securities Regulation

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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

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Supermajors, dividends and the energy transition

I am sitting in my garden at home on a sunny afternoon with a glass of white wine – and yes I had booked this day off as leave. I check my phone and see that all hell is breaking out on the news feeds. No, it’s not that we have…more

Dividends, Oil & Gas, Shell Oil

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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

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Biden Administration Prioritizes Increased and Broadened Anti-Corruption Enforcement

On June 3, 2021, the White House issued a memorandum announcing anti-corruption as a core national security interest. The memorandum explains that, “[c]orruption threatens United States national security, economic equity,…more

Anti-Bribery, Anti-Corruption, Anti-Money Laundering, Bank Secrecy Act, Biden Administration

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Texas Governor Allows Temporary Suspension of Certain Open Meeting Statutes

On March 16, 2020, Texas Governor Greg Abbott granted the Office of the Attorney General’s request for a temporary suspension of certain open meeting statutes. This temporary suspension allows for telephonic or videoconference…more

Coronavirus/COVID-19, Telecommuting, Texas, Videoconference

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FINRA Facts and Trends: June 2022

Welcome to the latest issue of Bracewell’s FINRA Facts and Trends, a monthly newsletter devoted to condensing and digesting recent FINRA developments in the areas of enforcement, regulation and dispute resolution. FINRA’s…more

Arbitration Awards, Broker-Dealer, Crowdfunding, Dispute Resolution, Enforcement

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COVID-19 Impact on US Renewable Energy Projects

The COVID-19 pandemic is raising numerous concerns for renewable energy projects under development in the United States. First, will Congress address renewable energy industry concerns in the coming round of the COVID-19…more

Banks, Borrowers, Compliance, Contract Terms, Coronavirus/COVID-19

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President Trump Extends and Expands Visa Restrictions

On June 22, 2020, President Donald Trump issued a proclamation extending and expanding existing restrictions on visas to enter the U.S. The White House also released a factsheet in connection with the proclamation, and that…more

Chamber of Commerce, Coronavirus/COVID-19, H-1B, H-2B, Immigration

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Federal Circuit Boots Potential Circuit Split as Trademark Case Turns Ugg-ly for Australian Boot-Maker

It’s hard to deny the comfort of the plush, fur-lined boots and slippers sold under the UGG® brand. But not many are aware that the word “ugg” originated in Australia as a generic term for sheepskin boots. The term, which is…more

Foreign Markets, Generic, Lanham Act, SCOTUS, Trademarks

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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

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Challenging Policy on Climate Change Grounds

Divisional Court split on challenge against UK Export Finance’s decision to provide finance to the Mozambique LNG Project - In R (on the application of Friends of the Earth Limited) (the “Claimant”) v The Secretary of State…more

Climate Change, Fossil Fuel, Greenhouse Gas Emissions, Liquid Natural Gas, Mozambique

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Supreme Court Rules That Arbitrators Must Decide Whether A Dispute Is Arbitrable, Not Courts, When The Contract So Provides

Yesterday January 8, 2019, in the first opinion issued by Justice Brett Kavanaugh, the United States Supreme Court held that courts may not use a “wholly groundless” exception to disregard contractual provisions delegating the…more

Appeals, Arbitration, Arbitration Agreements, Arbitrators, Contract Terms

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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

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Supreme Court Resolves Circuit Split Over 28 U.S.C. § 1782

On Monday, the Supreme Court resolved a circuit split and issued a long-awaited decision holding that broad U.S.-style discovery under 28 U.S.C. § 1782 is not available in private foreign arbitrations. In the past decade,…more

28 U.S.C. § 1782, Arbitration, Commercial Arbitration, Federal Arbitration Act, Foreign Arbitration Clauses

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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, Department of Health and Human Services (HHS), Department of Justice (DOJ)

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Contractual Performance In The Age Of Coronavirus: Force Majeure, Impossibility And Other Considerations

The Coronavirus (COVID-19) pandemic is causing unprecedented disruptions to business operations on a global scale. As these disruptions continue, and the economic effects mount, more industries will be significantly impacted…more

Act of God, Contract Terms, Coronavirus/COVID-19, Force Majeure Clause, Infectious Diseases

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"A Clash of Two Congressionally Constructed Titans": Fifth Circuit Declares Bankruptcy Court Victorious Over FERC in In re Ultra Petroleum Corporation

On March 14, 2022, the United States Court of Appeals for the Fifth Circuit (the “Fifth Circuit”) revisited the issue of the rejection of filed-rate contracts in bankruptcy where such contracts are governed by the Federal Energy…more

Appeals, Bankruptcy Code, Bankruptcy Court, Chapter 11, Federal Power Act

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FY 2021 Sequestration Reduction Rate for Direct Pay Tax Credit Bonds Set at 5.7%

According to the IRS website, the sequester reduction rate applied to payments made to issuers of direct pay tax credit bonds in fiscal year 2021 will be 5.7 percent. This percentage will apply to all subsidy payments scheduled…more

Bonds, Direct Pay Bonds, Internal Revenue Code (IRC), IRS, Sequestration

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DOL Stance on Cryptocurrency in 401(k) Plans Becomes a Political Football

A recent release by the DOL raising concerns about plan sponsors allowing cryptocurrency investments in 401(k) plans has gotten the attention of both sides of the Congressional aisle as well as industry groups. Some of the…more

401k, 404(c) Plans, Cryptocurrency, Department of Labor (DOL), Digital Wallets

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Corporate Governance Considerations Under the SEC's Proposed Climate Disclosure Rules

As we have noted previously, the U.S. Securities and Exchange Commission’s recently proposed rules governing climate-related disclosures, if adopted as proposed, would represent a sea change to the existing public-company…more

Climate Change, Corporate Governance, Disclosure Requirements, Greenhouse Gas Emissions, Proposed Rules

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Supreme Court Resolves Circuit Split Over 28 U.S.C. § 1782

On Monday, the Supreme Court resolved a circuit split and issued a long-awaited decision holding that broad U.S.-style discovery under 28 U.S.C. § 1782 is not available in private foreign arbitrations. In the past decade,…more

28 U.S.C. § 1782, Arbitration, Commercial Arbitration, Federal Arbitration Act, Foreign Arbitration Clauses

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Mandatory Arbitrations Now Banned in Sexual Misconduct Disputes

Today, March 3, 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, which amends the Federal Arbitration Act (“FAA”) by banning mandatory arbitration in sexual…more

#MeToo, Arbitration Agreements, Biden Administration, Federal Arbitration Act, Mandatory Arbitration

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Not So Fast—NCAA Issues NIL Guidance Targeting Booster Activity

Recently, the NCAA Division I Board of Directors issued guidance to schools concerning the intersection between recruiting activities and the rapidly evolving name, image, and likeness legal environment (see Bracewell’s earlier…more

College Athletes, Name and Likeness, NCAA, New Guidance, Student Athletes

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SEC Sends Warning Shot on COVID-Impact Disclosures

The Securities and Exchange Commission fired a warning shot last week to all public companies about the quality and accuracy of disclosures made regarding the impact of the COVID-19 pandemic on business operations. On December…more

Business Operations, Coronavirus/COVID-19, Disclosure Requirements, Liquidity, Publicly-Traded Companies

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Corporate Governance Considerations Under the SEC's Proposed Climate Disclosure Rules

As we have noted previously, the U.S. Securities and Exchange Commission’s recently proposed rules governing climate-related disclosures, if adopted as proposed, would represent a sea change to the existing public-company…more

Climate Change, Corporate Governance, Disclosure Requirements, Greenhouse Gas Emissions, Proposed Rules

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Cruisin' for a Bluesin': Timeless Titans Tangle Over Smart-Car Technology Brands

Two titans of the American automotive industry are locking horns over branding for automated driving technologies, underscoring the importance of brand clearance before marketing and selling a new product or technology. GM and…more

Automated Transportation, Automotive Industry, Intellectual Property Protection, Smart Car, Trademark Infringement

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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

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HSR Notification Thresholds Increase for 2022

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 23, 2022. The revised thresholds will…more

Acquisitions, Department of Justice (DOJ), Filing Fees, FTC, Hart-Scott-Rodino Act

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USPTO Extends Trademark And Patent Deadlines Due to Coronavirus Pandemic

As IP Offices around the world work to mitigate the impact of the global health threat, the U.S. CARES Act gives USPTO authority to extend statutory deadlines to help ease burden of IP owners affected by COVID-19 The…more

Appeals, CARES Act, Coronavirus/COVID-19, Deadlines, Filing Deadlines

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Texas Supreme Court Clarifies Scope of Property Owners' Statutory Protections

The Texas Supreme Court’s recent decision in Los Compadres Pescadores, L.L.C. v. Valdez provides new guidance regarding a commercial property owner’s protections against liability for injuries occurring on construction sites. …more

Contractors, New Guidance, Property Owners, Subcontractors, TX Supreme Court

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OCIE Releases Risk Alert Regarding the Fees and Expenses that Investment Advisers Charge Clients

The Office of Compliance Inspections and Examinations (OCIE) of the Securities and Exchange Commission (SEC) recently released a Risk Alert that highlights the most common compliance deficiencies relating to fees and expenses…more

Advisors Act, Billing, Disclosure Requirements, Fee Agreements, Fees

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Under the Sea: Congress Amends OCSLA to Provide for Offshore CCS

Offshore carbon sequestration on the Outer Continental Shelf (“OCS”) could be just over the horizon. The Infrastructure Investment and Jobs Act (the “Infrastructure Act”), signed into law by President Biden on November 15, 2021,…more

Carbon Emissions, Infrastructure, Joe Biden, Outer Continental Shelf, Outer Continental Shelf Lands Act

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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

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Oil Spot Trading: Whose Terms Apply - The Incorporation of English Jurisdiction Clauses in Oral Agreements

Spot trading of oil is often done at speed and over the phone, with confirmatory written terms arriving after the sale. The practice has inherent legal risk – the terms of the deal may be uncertain and incomplete. In Addax…more

Energy Sector, Oil & Gas, UK

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Decarbonising the LNG Industry: The Pressure is On

Decarbonising Natural Gas and LNG - Natural gas and liquefied natural gas (“LNG”) have long been hailed as one of the winners of the current energy transition when compared to other fossil fuels. Carbon dioxide (“CO2”)…more

Carbon Capture and Sequestration, Carbon Emissions, Clean Energy, Coal, Electricity

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FERC Proposes Overhaul of Interconnection Procedures

On June 16, 2022, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued a Notice of Proposed Rulemaking (“Generator Interconnection Reform NOPR”) seeking comments on proposed reforms to FERC’s pro forma…more

Advanced Notice of Proposed Rulemaking (ANPRM), Capital Investments, FERC, Interconnections, ISOs

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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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New Requirements for Deducting Payments to Governmental Entities

Section 162(f) of the Internal Revenue Code of 1986 (the Code), as amended by the Tax Cuts and Jobs Act (the TCJA), limits the federal income tax deductibility of certain payments made to a government or governmental entity,…more

Criminal Prosecution, Environmental Violations, Government Entities, Internal Revenue Code (IRC), Reporting Requirements

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OECD announces Amendment to Arrangement on Officially Supported Export Credits

Effective as of 20 April 2021, an amendment to the Arrangement on Officially Supported Export Credits (TAD/PG(2020)1) (the “Arrangement”) was announced by the Organisation for Economic Co-operation and Development (“OECD”), in…more

Exports, Infrastructure, OECD, Request for Proposals

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Partes On! Survival of Inter Partes Review May Signal an SOS for Parties Entering the Uncharted Waters of Inter Partes Review in the Post-SAS World

The Supreme Court issued decisions in the cases of Oil States v. Greene’s Energy and SAS v. Iancu, addressing the constitutionality of inter partes review (“IPR”) and determining whether the Patent Trial and Appeal Board…more

Administrative Proceedings, America Invents Act, Article III, Constitutional Challenges, Inter Partes Review (IPR) Proceeding

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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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Five Take-Aways From Bracewell Seminar on the Strategic Use of International Arbitration and Mexico

International arbitration, when available and used strategically, adds leverage, especially in dealing with a government. Qualifying foreign investors in Mexico affected by the changes in the regulatory environment promoted by…more

Canada, Foreign Direct Investment, Foreign Investment, International Arbitration, Investor State Dispute Settlement (ISDS)

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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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Winds of Change: Big Oil's Move into UK Offshore Wind

The rise of offshore wind - Offshore wind technology is becoming increasingly mainstream. In 2009, offshore wind represented only 1% of global wind generation capacity, a figure which had grown to 10% by 2019. In recent…more

Environmental Social & Governance (ESG), Infrastructure, Offshore Wind, Paris Agreement, Power Grid

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HSR Notification Thresholds Increase for 2022

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 23, 2022. The revised thresholds will…more

Acquisitions, Department of Justice (DOJ), Filing Fees, FTC, Hart-Scott-Rodino Act

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USDOL’s Final Salary Regulations: Impact on Exempt Employees and the Possibility of Future Litigation

On September 24, 2019, the U.S. Department of Labor (“USDOL”) announced its new Final Overtime Rule. The 2019 Final Rule comes in the wake of the heavily litigated salary threshold regulations issued by the Obama Administration…more

Bonuses, Department of Labor (DOL), Exempt-Employees, Final Rules, FLSA

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SEC Approves Nasdaq Board Diversity Requirements

The U.S. Securities and Exchange Commission has approved a Nasdaq proposal regarding new listing rules on board diversity, as described in a previous Client Alert, which can be found here. The new rules will require most…more

Diversity, Diversity and Inclusion Standards (D&I), Final Rules, Nasdaq, SEC

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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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The Bipartisan SCALE Act: Increasing Investments in CCUS

Today, March 17, 2021, a bipartisan group of legislators introduced groundbreaking legislation aimed at advancing investments in large-scale carbon capture, utilization, and storage (CCUS) projects. The Storing CO2 and Lowering…more

Biden Administration, Carbon Capture and Sequestration, Clean Energy, Infrastructure, Investment

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FERC Issues Proposal To Overhaul Transmission Planning and Cost Allocation

On April 21, 2022, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued a much-anticipated Notice of Proposed Rulemaking (“NOPR”) proposing changes to its transmission planning and cost allocation policies…more

Advanced Notice of Proposed Rulemaking (ANPRM), Cost Allocation, Federal Register, FERC, Notice of Proposed Rulemaking (NOPR)

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Closing the Side Door – The Imperative of the College Admission Scandal

On March 12, 2019, the Justice Department unveiled its indictment and charges of 50 individuals involved in one of the most sweeping admissions scandals to hit higher education. Eight universities have been implicated in the…more

Bribery, Criminal Conspiracy, Criminal Liability, Department of Justice (DOJ), Indictments

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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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The US Government Has a New Stopwatch for Cyber Incident Reporting: What You Need to Know Now

Amid the escalating conflict in Ukraine and concerns of Russian cyber threats to the United States, President Joe Biden recently signed a $1.5 trillion government spending deal with serious cybersecurity reporting obligations…more

Critical Infrastructure Sectors,