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Directors Must Heed SEC On Cybersecurity And Social Media 05-28-2019

First published by Law360, May 20, 2019

In recent years, the U.S. Securities and Exchange Commission has demonstrated an increased willingness to investigate and enforce violations of the federal securities laws arising from cybersecurity breaches and information disseminated through a company’s social media outlets, including by bringing actions directly against individual directors and officers.

Home Remedies for Diagnosing Trade Secrets Theft 05-28-2019

Managing the Modern Workplace, May 28, 2019

Listen to your gut when an employee who had access to confidential information leaves your company. Were they vague on their next steps? Is there a chance they’re going to work for a competitive venture? 

Texas Legislature Punts on Privacy Act…For Now 05-28-2019

V&E Cybersecurity & Data Privacy Update, May 28, 2019

The Texas State Legislature ended its regular session on May 27, 2019, without passing the Texas Consumer Protection Act (TCPA) or the Texas Privacy Protection Act (TPPA).

The Westeros Citizens Participation Act (Yeah, Right) 05-23-2019

Managing the Modern Workplace, May 23, 2019

My disappointment with the Game of Thrones’ finale on Sunday night was greatly alleviated by the news on Monday morning that a bill amending the Texas anti-SLAPP law is on its way to the governor’s office. This amendment to the Texas Citizens Participation Act (the anti-SLAPP law) – should it be signed into law by Gov. Abbott – explicitly says that the TCPA does not apply to a legal action arising from an employer-employee relationship (among other relationships) that seeks to recover for trade secrets misappropriation, or seeks to enforce a non-compete or non-disparagement agreement.

Minority Report: San Francisco Bans Facial Recognition Tech Over Potential Bias, Privacy Concerns 05-23-2019

V&E Government Investigations Update, May 23, 2019

Privacy advocates in the Bay Area have cause for celebration after San Francisco became the first municipality in the United States to pass an ordinance barring the city’s use of facial recognition technology because of the “propensity [of] facial recognition technology [to] endanger civil rights and civil liberties” and “exacerbate racial injustice.”

UT Law’s 32nd Annual Technology Law Conference 05-23-2019

V&E is sponsoring the Thursday evening networking reception at the UT Technology Law Conference.

BSEE 2019 Final Revisions to the Offshore Well Control Rule 05-22-2019

V&E Environmental and Natural Resources Update, May 22, 2019

On May 2, 2019, the federal Bureau of Safety and Environmental Enforcement (“BSEE”) announced final revisions to its Well Control Rule (“WCR”). BSEE proposed the revisions last year, as discussed in our previous publication.

FINRA Gives Broker-Dealers New Tips for Spotting Fraud and Money Laundering 05-22-2019

V&E Government Investigations Update, May 22, 2019

On May 6, 2019, the Financial Industry Regulatory Authority (FINRA) issued Regulatory Notice 19-18 to help broker-dealers recognize and report potential fraud and money laundering.

More Bang for the Antitrust Compliance Buck: Antitrust Division To Consider Preexisting Compliance Programs at the Charging Stage 05-22-2019

After more than a year of careful consideration, the “time has come” for the DOJ Antitrust Division to change its longstanding policy against giving companies credit for having preexisting robust corporate compliance programs in place at the time of the alleged misconduct.

Trademark Licensees Retain Their Rights to Use a Debtor’s Trademarks Despite the Debtor-Licensor’s Rejection of the Licenses 05-22-2019

V&E Restructuring & Reorganization Update, May 22, 2019

The question regarding whether a trademark licensee may continue to use a license after a debtor-licensor rejects the license in its bankruptcy case has now been answered.

Banning the Box on those Old Job Application Forms 05-21-2019

Managing the Modern Workplace, May 21, 2019

While employment lawyers like myself — and the EEOC — have long cautioned employees against automatically asking job applicants about their criminal history, few companies would think twice (absent advice of learned counsel) about asking “Have you ever been convicted of a felony or a misdemeanor?” on their standard job application forms.

6th Mergers & Acquisitions in Energy Conference 05-21-2019

V&E lawyers Shamus Crosby, Matt Dobbins, and Lande Spottswood will speak at the 6th Annual Mergers & Acquisitions in Energy Law Conference in Houston on Tuesday, May 21. 

Employment in the Energy Sector 05-20-2019

First published in Practical Law, May 2019

V&E counsel Martin Luff discusses employment in the oil and gas sector and the power and renewable energy sector.

Executives Behaving Badly: Applying the “Musk Principles” 05-16-2019

Managing the Modern Workplace, May 16, 2019

The SEC recently sought to have Elon Musk, CEO of Tesla, Inc., held in contempt because Musk tweeted that “Tesla made 0 cars in 2011, but will make around 500k in 2019,” followed by a second tweet in which he wrote “Meant to say annualized production rate at end of 2019 probably around 500k, ie 10k cars/week. Deliveries for year still estimated to be about 400k.”

Brace Yourself: DOJ Demonstrates it Can Adapt to Technological Advances in Healthcare Industry 05-15-2019

V&E Government Investigations Update, May 15, 2019

Although it is sometimes difficult for regulators to keep pace with innovation, telemedicine — the use of telecommunication and information technology to provide medical care remotely — is both rapidly evolving and under intense scrutiny.

Clarity for Crypto: Commissioner Peirce wants the SEC to Refine Fintech Regulation 05-15-2019

V&E Government Investigations Update, May 15, 2019

On May 9, 2019, SEC Commissioner Hester M. Peirce delivered a speech via video conference to the Securities Enforcement Forum lamenting the Commission’s failure to develop meaningful regulation in the realm of cryptocurrency and emphasizing the need for clear regulation that would be meaningful and not overly burdensome.

Supreme Court Expands Potential Scope of Antitrust Lawsuits Against Platforms 05-15-2019

V&E Antitrust Update, May 15, 2019

On May 13, the Supreme Court held in Apple v. Pepper,1 that anyone with a direct relationship with the alleged violator can sue for damages under the federal antitrust laws. 

Federal Cybersecurity Regulations Pose New FCA Risk to Defense Contractors 05-15-2019

V&E Government Contracts Update, May 15, 2019

Defense contractors who falsely claim that they are compliant with federal cybersecurity acquisition regulations may face liability under the False Claims Act (“FCA”) in light of a recent decision from the Eastern District of California. 

Federal Circuit Turns Down Competitor Standing Argument for IPR Appeals 05-14-2019

V&E IP Insights, May 14, 2019

On May 13, 2019, the Federal Circuit held that an IPR petitioner may not use the competitor standing doctrine to establish Article III standing in an appeal of a PTAB decision where the petitioner has no present or nonspeculative interest in engaging in conduct covered by the patent claims at issue.

The Gig Economy In The Crosshairs: The Ninth Circuit Extends Dynamex Retroactively 05-14-2019

Managing the Modern Workplace, May 14, 2019

The battle over the gig economy continues on the West Coast. The Ninth Circuit in Vazquez v. Jan-Pro Franchising International, Inc., held that the California Supreme Court’s test to determine whether a worker is an independent contractor or an employee, has retroactive effect.

31st Annual International Law Institute 03-28-2019

Vinson & Elkins senior associate Rob Landicho will moderate the International Arbitration panel at the 31st Annual International Law Institute on Thursday, March 28.

Nareit REITwise: 2019 Law, Accounting & Finance Conference 03-26-2019

V&E partner Chris Mangin will speak on "Partnership Tax Issues" on Wednesday, March 27th at Nareit's REITwise: 2019 Law, Accounting & Finance Conference in San Antonio.

Antitrust Law 2019 Spring Meeting 03-25-2019

V&E will be taking part in the American Bar Association Antitrust Law 2019 Spring Meeting. 

Climate Leadership Conference 03-20-2019

On Wednesday, March 20, V&E partner Margaret Peloso will speak on the panel "Navigating the Burgeoning Climate Disclosure Landscape."

Parlor Talks at V&E Featuring Charles F. Robinson 02-28-2019

Please join Vinson & Elkins in a conversation with Charles Robinson.

Women Corporate Directors' 2019 Asia Pacific Institute: Resilient Leadership for a Disruptive Era 02-21-2019

V&E IP partner, Jennifer Chen, will be attending the Women Corporate Directors' 2019 Asia Pacific Institute program on February 21-22, 2019 in Tokyo, Japan at The Westin Tokyo.

Institute for Energy Law’s 70th Annual Oil & Gas Law Conference 02-21-2019

V&E partner Mark Rodriguez will moderate the panel "A Look Inside the Energy Company Legal Department."

State Bar of Texas' Advanced Trial Strategies Course 02-14-2019

V&E Partner Jane Bland will speak at the State Bar of Texas' Advanced Trial Strategies Course on two panels.

Texarkana Main Event CLE 2019 01-30-2019

V&E senior associate Megan Coker will give an update on Texas Citizen Participation Act litigation at this program, hosted by the State Bar of Texas’ Government Law, Litigation, and Appellate sections and the Texas Young Lawyers Association.

Building and Overseeing Effective Compliance and Corporate Governance 01-30-2019

Join V&E professionals as we discuss key trends and developments in compliance and corporate governance and how to create and oversee a healthy and holistic compliance and corporate governance program.

13th Forum on the Foreign Corrupt Practices Act: Houston – Hosted by American Conference Institute (ACI) 01-30-2019

ACI’s annual FCPA Houston Forum has become the premier anti-corruption compliance event for local industry due the caliber of expert speakers, seniority of delegates and complexity of legal and compliance issues discussed.

Transaction Insurance Insights Conference – Hosted by Advisen 01-30-2019

Advisen’s Transaction Insurance Insights Conference will outline current trends in M&A, discuss the due diligence process and the types of issues that often come to light, and explain how those issues can be addressed, including the use of transaction insurance products so that deals can close.

Advanced Intellectual Property Law: Overview of IP 01-09-2019

V&E partners Hilary Preston and Devika Kornbacher will be speaking at the 32nd Annual Course on Advanced Intellectual Property Law on Thursday, February 28th in Dallas, TX.

PubKGroup's 4th Annual Review 12-12-2018

Dan Graham of V&E’s Washington, D.C. office is a panelist in the Protests session at PubK’s Fourth Annual Year in Review. This is a one-day webcast from the National Press Club and will provide an update and outlook for government contracting.

The New Governance: Navigating the Rising ESG Tide 12-12-2018

Energy Series Logo - Mini Thumbnail - 50px WideJoin our V&E climate change, international human rights and governance professionals as we provide practical guidance for companies facing exponentially growing ESG demands and expectations. 

Strategic Preparation for the 2019 10-K and Proxy Season 12-06-2018

Join Broadridge and V&E governance professionals as we discuss the key trends and developments that will drive the 2019 annual report and proxy season.

TowerXchange Meetup Asia 2018 12-04-2018

Vinson & Elkins is pleased to be sponsoring the TowerXchange Meetup Asia 2018.

REITworld: 2018 Annual Conference 11-07-2018

V&E partner Daniel LeBey will be speaking during the spotlight session titled “Trends in REIT Corporate Governance” taking place on Wednesday, November 7th from 10:30 a.m. until 11:30 a.m.

CAIL Conference on Intellectual Property Law 11-01-2018

V&E Partner Devika Kornbacher will speak at The Center for American and International Law's (CAIL) Conference on Intellectual Property Law on 'What IP Lawyers Need to Know About Emerging Issues in Cybersecurity."

Solar & Storage Finance USA 10-29-2018

Kaam Sahely will be speaking on the "Investors- How Is Investment Appetite for PV and Storage Evolving" panel and Peter Marshall will be moderating the "2018: The Year Solar & Storage Came of Age?" panel at this two-day solar conference.

Representations and Warranties Insurance in Energy M&A: An Old Product Gets a New Look 04-11-2018

Energy Series Logo - Mini Thumbnail - 50px WideRepresentations and warranties insurance is fast becoming a standard feature of M&A deals, including recent M&A deals in the energy space. This program looked at the use of this insurance product with a specific focus on energy M&A deals.

Diversity Matters: Making the Most of Board Diversity 03-29-2018

In this presentation, governance professionals from V&E and Deloitte discuss the current interest in board diversity, and how companies can leverage their current board composition to address their investors’ concerns. 

FERC Tax Orders Webcast & Teleconference 03-23-2018

The V&E team discussed the Federal Energy Regulatory Commission’s proposed actions to address the income tax allowance component of regulated entities’ cost-of-service rates announced on March 15, 2018.

Restatements and Late Periodic Reports 03-21-2018

Energy Series Logo - Mini Thumbnail - 50px WideThis program discussed the principles and standards applicable to determine whether a restatement of financial statements must be issued.

Legal Considerations for Corporate Climate Scenario Analysis 03-12-2018

Hosted by Center for Climate and Energy Solutions (C2ES)

V&E partner Margaret Peloso presented at the "Legal Considerations for Corporate Climate Scenario Analysis" webinar hosted by C2ES on March 12, 2018.

TCJA Impacts on REITs and REIT Transaction Structures 02-15-2018

REITs_ThumbnailIn our inaugural quarterly REIT Series webinar, we discussed the impact of the recently adopted tax reform on REITs, REIT transaction structures, questions that have arisen since adoption and issues that will need attention from the Internal Revenue Service in the future.

An Update on Tax Reform and Its Implications in 2018 02-13-2018

Energy Series Logo - Mini Thumbnail - 50px Wide

This program gave a high-level summary of the domestic provisions of the new tax bill and its implications for various companies, with a focus on the energy industry. 

What You Don’t Know About Competition Law Can Hurt You: An Update on Key Antitrust Issues 12-05-2017

On December 5, 2017, V&E’s antitrust practitioners hosted a seminar discussing primary competition law concerns and how companies and investors effectively face those concerns.

V&E Participates in 2017 SEC Government-Business Forum on Small Business Capital Formation 11-30-2017

Top SEC officials gathered on November 30th for the 2017 Government-Business Forum on Small Business Capital Formation. The annual Forum, which is typically held in Washington D.C., took place in Austin this year in partnership with the Herb Kelleher Center for Entrepreneurship, Growth and Renewal at the McCombs School of Business at The University of Texas at Austin.

Webcast: Strategic Preparation for the 2018 10-K and Proxy Season 11-30-2017

The 2018 annual report, proxy and meeting season promises to be particularly eventful. Join Sarah Fortt, V&E Senior Associate, and Ronald Schneider, Director – Corporate Governance Services at Donnelley Financial Solutions, as they help clients prepare for their disclosure obligations.

Upstream Transactional Update: DrillCos Under Review and Producer/Midstream Gathering JVs 11-08-2017

Energy Series Logo - Mini Thumbnail - 50px WideIn this program, V&E attorneys provided an update on current market and regulatory trends in DrillCo transactions as well as Producer/Midstream Gathering JVs and acreage dedication.

MLP 101: Market Trends and Updates 10-11-2017

Energy Series Logo - Mini Thumbnail - 50px WideIn this program, V&E attorneys discussed the typical organizational and capital structure of MLPs, governance and accounting issues, and a primer on tax considerations and qualifying income.

Proving Independent Development: A Winning Defense Against Trade Secrets Misappropriation Claims 10-10-2017

IP Series Logo - Mini Thumbnail - 50px WideLitigation involving allegations of misappropriation of trade secrets has been on the rise since the enactment of the Defend Trade Secrets Act in May of 2016, which opened the Federal Courts to such claims.

Seventh Annual Hydraulic Fracturing Symposium 10-04-2017

On October 4, 2017, V&E hosted our annual seminar discussing timely topics surrounding unconventional oil and gas development.

NACD Global Board Leaders’ Summit 10-02-2017

The National Association of Corporate Directors’ Global Board Leaders’ Summit is the largest and most important director forum in the world, where the greatest minds in governance convene to take on the largest issues facing today’s boardrooms and collectively discover the future of exemplary board leadership.

Sing a Song about the Heartland: Patent Litigation Post-Heartland 07-11-2017

IP Series Logo - Mini Thumbnail - 50px WideIn one of the most anticipated decisions in recent years, the Supreme Court reversed the Federal Circuit’s venue precedent in TC Heartland and reaffirmed its own decades-old interpretation of the patent venue statue. 

Tax Reform: Perspectives From Across the Nation - Impact on the Energy Sector 06-21-2017

The Tax Analysts team traveled outside of Washington, D.C. to get a variety of perspectives on tax reform.

M&A Transaction Structures: Corporate, Reporting, and Tax Considerations 06-14-2017

Energy Series Logo - Mini Thumbnail - 50px WideIn this program, V&E attorneys discussed transaction structures for mergers and acquisitions, including Up-Cs and double-dummy mergers.

2017 Kayo Women’s Energy Investment Conference 06-12-2017

Vinson & Elkins proudly sponsors Kayo Women’s Energy Investment Conference in Houston. This event brought together two hundred of the energy industry’s leading figures across multiple sectors, including oil & gas, metals and mining, and alternative fuels.

Governance and Disclosure: 2017 Season Lessons, 2018 Season Expectations 05-10-2017

Energy Series Logo - Mini Thumbnail - 50px WideIn this program, we discussed key 2017 governance and disclosure developments and trends, including proxy access developments, proxy advisory firms policy changes, executive compensation trends, conflict minerals developments, shareholder proposal trends and recent SEC guidance.

The Impact of the Decision in Triple Point Technology on the FIDIC and IChemE Standard Forms 05-14-2019

V&E International Dispute Resolution Update, May 14, 2019

In the recent decision of Triple Point Technology, Inc v PTT Public Company Ltd [2019] EWCA Civ 230, the Court of Appeal considered the extent to which liquidated damages are recoverable in the event of termination and attempted to reconcile a string of inconsistent case law.

OFAC's Economic Sanctions Compliance Framework Signals Focus on Risk-Based Compliance 05-10-2019

V&E Exports Control & Economic Sanctions Update, May 10, 2019

The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) released a comprehensive framework on five essential components of an economic sanctions compliance program.  

Investigation Outsourcing: When Do Companies Become Arms of the State? 05-09-2019

V&E Government Investigations Update, May 9, 2019

A recent decision by a district judge in the Southern District of New York demonstrates that when a company’s outside counsel conducts an investigation in connection with a government investigation of the company, the Government’s involvement in shaping, directing and relying upon that investigation will be closely scrutinized.1

SEC Proposes Changes to Financial Statement Requirements for Acquisitions 05-09-2019

V&E REIT Update, May 9, 2019

On May 3, 2019, the SEC proposed rules to amend Rule 3-14 of Regulation S-X, which sets forth the financial statement requirements relating to acquisitions of real estate operations, and Rule 3-05 of Regulation S-X, which sets forth the financial statement requirements relating to acquired businesses that are not real estate operations.

Recent Enforcement Trends: Healthcare and Life Sciences Sector 05-07-2019

V&E Government Investigations & White Collar Criminal Defense Update, May 7, 2019

Produced by the firm’s Government Investigations & White Collar Criminal Defense practice, the Vinson & Elkins Recent Enforcement Trends: Healthcare and Life Sciences Sector report provides a comprehensive analysis of developments specific to the Healthcare and Life Sciences industry.

Updated DOJ Guidance Provides Useful Roadmap for Implementing and Enhancing Corporate Compliance Programs 05-02-2019

V&E Government Investigations Update, May 2, 2019

On Tuesday, the U.S. Department of Justice released perhaps the most comprehensive guidance to date on how prosecutors evaluate the design, implementation, and effectiveness of corporate compliance programs in making charging decisions, framing sentencing recommendations, and determining whether on-going corporate compliance obligations, such as the imposition of a monitor, may be necessary as part of any enforcement resolution.

DOJ Announces First Criminal Charges Against a Distributor in the Fight Against Opioids 05-01-2019

V&E Government Investigations Update, May 1, 2019

Last week, the U.S. Department of Justice took an important step in the fight against opioid abuse, announcing the first criminal charges against a pharmaceutical distribution company for its part in perpetuating the opioid crisis by ignoring red flags of abuse.

Second Set of Qualified Opportunity Zone Regulations Provide Needed Clarity to Spur Investment 05-01-2019

V&E Tax Update, May 1, 2019

Treasury and the IRS recently issued their second round of proposed regulations (the “Proposed Regulations”), providing needed clarity to spur investments in Qualified Opportunity Zones (QOZs).

Developments in Governance and Disclosure: Spring 2019 04-29-2019

V&E Corporate Governance Update, April 29, 2019

The V&E governance update provides brief summaries on recent developments with respect to corporate governance, compliance and disclosure.

History Repeats Itself: Mueller Investigation Spurs Renewed DOJ Focus on WWII Era Foreign Agents Registration Act 04-25-2019

V&E Government Investigations Update, April 25, 2019

Special Counsel Robert Mueller’s “Report on the Investigation into Russian Interference in the 2016 Presidential Election” highlights already well publicized concerns about covert foreign influence on U.S. politics.

Supreme Court Says Parties Must Agree or Intend to Agree to Class Arbitration: Silence and Ambiguity Are Not Enough 04-25-2019

V&E Arbitration Update, April 25, 2019

On April 24, 2019, almost a year after the Supreme Court granted certiorari, the Court handed down its third important decision this term regarding arbitrations.

The Prague Rules on the Efficient Conduct Of Proceedings in International Arbitration – Restriction to Achieve Efficiency? 04-25-2019

V&E International Dispute Resolution Update, April 25, 2019

Trends in international arbitration show disputes becoming larger and more complex, often resulting in increasingly higher costs and lengthier timetables, much to the dissatisfaction of its users.

Government’s Filing of Complaint Against Private Equity Company Signals New Focus on Private Equity and Other Investors 04-24-2019

V&E False Claims Act Update, April 24, 2019

In a new development in False Claims Act (“FCA”) litigation, the United States Department of Justice (“DOJ”) has filed a complaint-in-intervention naming, among other defendants, California-based private equity firm, Riordan, Lewis & Haden, Inc. (“RLH”). 

If You Give A Cop Your Passcode... Court Considers Whether Using Voluntarily-Provided Codes Violates the Fourth Amendment 04-17-2019

V&E Cybersecurity and Data Privacy Insights, April 17, 2019

The Colorado Supreme Court held last week that when a defendant voluntarily disclosed his four-digit passcode for what he thought was a limited purpose and an officer used the code to search the defendant’s entire phone, it did not violate the Fourth Amendment.

Bid-Rigging Bonanza: DOJ Announces Criminal Charges in Three New Investigations 04-17-2019

V&E Government Investigations Update, April 17, 2019

The Department of Justice (“DOJ”) ended its recent drought of new criminal antitrust cases by bringing bid-rigging charges under the Sherman Act against individuals in three separate cases over the past few weeks.1

The Waiting Game Continues for Impact of Brexit on Data Transfers 04-15-2019

V&E Cybersecurity and Data Privacy Insights, April 15, 2019

On April 10, 2019, the European Union (“EU”) voted to extend the Brexit deadline to October 31, 2019.

New U.S. Labor Department Pilot Program Aims to Fast Track Discretionary Suspensions and Debarments 04-11-2019

V&E Government Contracts Update, April 11, 2019

Early last week, the U.S. Department of Labor (DOL) announced a new pilot program to speed up discretionary suspensions and debarments of individuals and contractors “from months to days.”1

Utah Becomes First State to Curtail Warrantless Searches of Personal Data Transmitted to Third Parties 04-11-2019

V&E’s Cybersecurity & Data Privacy Update, April 11, 2019

Utah recently enacted the nation’s first privacy law that protects its citizens from unbounded government invasion into personal electronic information shared with third parties.

Stop the Presses: Misleading Investors in the Wake of Bad Press Leads to Criminal and Civil Penalties 04-11-2019

V&E Government Investigations Update, April 11, 2019

P. T. Barnum is credited as saying “There is no such thing as bad publicity.” That may be true in running a circus, but it is demonstrably untrue in running a public company.

Kokesh costs SEC nearly $1 Billion; DOJ and Congress React 04-10-2019

V&E Government Investigations Update, April 10, 2019

In 2017, the SEC’s enforcement power faced a setback when, in Kokesh v. SEC,1 the Supreme Court curtailed its ability to seek disgorgement outside the five-year statute of limitations period for civil penalties.2

Offer Letters: This Should be Simple, Right? 04-16-2019

Managing the Modern Workplace, April 16, 2019

It should be simple to just write a letter offering someone a job. Unfortunately, that is not the case. While offer letters may not be required by law, employers often wish to set out terms and conditions of employment in an offer letter.

The Secret to Dressing 04-11-2019

Managing the Modern Workplace, April 11, 2019

Disclaimer: This article does not contain any tips for dressing well. Instead, I address what happens if one of your employees walks out the door to join a competitor and that competitor begins to produce products that look suspiciously like yours.

Is the Mexican Labor Movement About to Experience a [Second] Revolution? 04-09-2019

Managing the Modern Workplace, April 09, 2019

In contrast to the U.S. Constitution, the Mexican Constitution — enacted over 100 years ago after a bloody revolution — enumerates specific constitutional rights protecting the rights of Mexican workers, including the right to organize unions and the right to strike.

To Count or Not To Count, That is the FMLA Question 04-04-2019

Managing the Modern Workplace, April 4, 2019

Your employee tells you that he would like to use his four weeks of annual vacation so that he can take care of his very ill mother who lives in another state.

Cell Phone Distractions in the Workplace 04-02-2019

Managing the Modern Workplace, April 2, 2019

We’ve all seen the driver behind the wheel talking on his cell phone and weaving across lanes, making turns without signals, and all sorts of other dangerous maneuvers.

The Big Uneasy (Part 3): When is a Release not a Release? 03-28-2019

Managing the Modern Workplace, March 28, 2019

Much to the surprise of many business managers, a terminated employee who has been paid a severance may still sue for age discrimination after signing a release if the release was not carefully drafted.

The Consequences of Elections: Are Texas Courts Becoming More Employee Friendly? 03-26-2019

Managing the Modern Workplace, March 26, 2019

Texas is still a long way from becoming California when it comes to employment law, and no one expects the Republican dominated Texas legislature to follow the recent trend of other state legislatures (e.g., New York, Washington, Maryland) in restricting employers from arbitrating claims of sexual harassment.

Why Did I Move That? 03-21-2019

Managing the Modern Workplace, March 21, 2019

Most of us have had this experience. You have just moved to a new home and, as you unpack your boxes, you look at some item and think to yourself, “Why did I just pay to have this moved?”

New Overtime Rule: It Could Have Been Worse! 03-19-2019

Managing the Modern Workplace, March 19, 2019

Ordinarily, you might expect that the business community would get pretty upset by a proposed rule increasing the minimum salary required for exempt employees under the Fair Labor Standards Act from $23,600 to $35,308. After all, there are quite a few front line supervisors in fast food restaurants and smaller businesses who earn annual salaries in the low thirty thousands, especially in communities with lower costs of living. The proposed regulation will require employers to start paying these employees overtime or raise their salaries to the minimum threshold.

Immigration Breakdown: Don’t Overlook Immigration Issues When Acquiring a New Business 03-14-2019

Managing the Modern Workplace, March 14, 2019

In many transactions, a significant part of the value to the buyer of a company is the people working for the company.

DOJ Fans the Flames in Support of Plaintiffs Suing Former Employers in Private Antitrust Fray 03-12-2019

Managing the Modern Workplace, March 12, 2019

The Department of Justice Antitrust Division (the “DOJ”) recently put its thumb on the scale in favor of plaintiffs with respect to the standard to be applied in antitrust litigation involving purported “no-poach” agreements among competing employers.

Why Should HR Professionals Pay Attention to the International Trade Agreements? 03-07-2019

Managing the Modern Workplace, March 07, 2019

As you may know, the United States, Canada, and Mexico negotiated a new trade agreement in November 2018 titled the United States–Mexico–Canada Agreement (USMCA), which is intended to replace NAFTA.

Mind the Gap: Middle Management’s Critical Role in Compliance 03-05-2019

Managing the Modern Workplace, March 05, 2019

In order to effectively drive a culture of ethical conduct, companies must ensure that compliance priorities set by executive leadership extend to even the lowest level employees.

Living Just as Free as Their Hair... Under Your Workplace Grooming Policy 02-28-2019

Managing the Modern Workplace, February 28, 2019

In the eight years since Lady Gaga first sang that she lives “just as free as her hair,” workplace race discrimination issues related to hair grooming policies have become more prominent. 

How to Do a 30-Minute FLSA Compliance Self-Audit 02-26-2019

Managing the Modern Workplace, February 26, 2019

Avoiding slipping up on the FLSA’s rules and regulations is notoriously difficult, both for small businesses as well as large companies with sophisticated HR and legal teams. If your business hasn’t looked recently at its wage and hour practices, use our quick checklist to performing a high-level, 30-minute desk audit to identify some of the most common blind spots that might need further review. 

Economics and Necessity May Create Corporate Alliances, But Antitrust Can Put Them Asunder 02-21-2019

Managing the Modern Workplace, February 21, 2019

With apologies to President Kennedy’s prosaic description of alliances, antitrust issues — if not properly managed — can make alliances the source of legal issues.

The Importance of Investigation Protocols Amid Heightened Corporate Exposure 02-19-2019

Managing the Modern Workplace, February 19, 2019

In the face of well-publicized corporate scandals such as #MeToo, and in response to heightened corporate accountability standards under Sarbanes-Oxley and Dodd-Frank, internal investigations serve as a critical component of an effective governance and corporate compliance program.

Lock Up Your Servers! Inspired by Europe, U.S. States Enact New Data Protection Statutes 02-15-2019

Managing the Modern Workplace, February 15, 2019

Data protection law is quickly becoming a legal-compliance headache for many companies. As companies and their customers have continued to store more data in the cloud, that data has become a valuable target for hackers.

OSHA Rescinds Most of Obama Electronic Reporting Requirements 02-12-2019

Managing the Modern Workplace, February 12, 2019

On January 25, 2019, OSHA issued a final rule rescinding the Obama administration’s requirements that employers with more than 250 employees must electronically submit their logs of Work-Related Injuries and Illnesses (OSHA Form 300) and Injury and Illness Incident Reports (OSHA Form 301).

Offers of Judgment: A Tool for Minimizing Liability in Overtime Cases 02-07-2019

Managing the Modern Workplace, February 7, 2019

As many employers have learned, the biggest liability in many overtime cases brought under the Fair Labor Standards Act (“FLSA”) is often not the unpaid overtime or liquidated damages but the attorneys’ fees that the plaintiff’s attorney is entitled to recover if he prevails on behalf of his client.

V&E's Matt Jacobs Discusses Legal Implications from Indictments in Mueller Investigations 01-31-2019

Matt Jacobs appears on MSNBC to discuss the legal implications of Roger Stone’s indictment in the Mueller investigations.

V&E's Matt Jacobs Weighs in on Committee Investigation 01-14-2019

Matt Jacobs sits in on an MSNBC panel to discuss the subject of legal troubles facing the Trump family in light of allegations of the inaugural committee misusing and abusing funds.

V&E’s Matt Jacobs Weighs In on the Mueller Investigation 01-07-2019

V&E's Matt Jacobs, a former federal prosecuter, sits down with MSNBC during a panel discussing the Mueller investigation. 

REIT IPO Activity Could Pick Up in Late 2018 04-11-2018

First published by Nareit, April 3, 2018

Daniel LeBey, partner, capital markets and M&A at Vinson & Elkins LLP, participated in a video interview at REITwise 2018, Nareit’s Law, Accounting & Finance Conference in Hollywood, Florida.

Why Join V&E: Your Development as a Lawyer 01-02-2018

Hear from V&E Partner John B. Connally, Practice Group Leader, former Management Committee member, and LGBT affinity group member, on what he thinks are the two most important things when considering where to start your law career.

The International Reach of The Defend Trade Secrets Act 09-12-2017

V&E partner Craig Tyler outlines implications of the Defend Trade Secrets Act (DTSA) for misappropriation taking place outside of the U.S. and looks specifically at the International Trade Commission as a venue for cracking down on misappropriating products imported into the U.S.

Testing the Waters: The First Few Months of The Defend Trade Secrets Act 09-12-2017

On May 11, 2016, the Defend Trade Secrets Act (DTSA) was signed into law, providing a federal civil remedy for trade secrets misappropriation. 

Cyber-insurance 101: The Basics 08-17-2017

Increasingly, organizations are purchasing cyber-insurance or requiring their vendors to do so to mitigate risks related to cyber-attacks. In this video, partner Devika Kornbacher helps companies think through choosing the coverage that is best for them.

An Intro to The Defend Trade Secrets Act 05-11-2017

The new Defend Trade Secrets Act was signed into law by President Obama on May 11, 2016. V&E partner Steve Borgman explains what the new law is, how it differs from existing trade secrets law, and how the new law can be beneficial to parties involved in a trade secrets dispute.

Intellectual Property Rights in Complex Cross-Border Operations 05-11-2017

A common problem that arises in complex cross-border operations involving intellectual property is something referred to as the coordination problem. Rights under the law in one country may be exploited under the laws of another country. These problems can be addressed contractually if proper forethought is given.

EPA’s National Enforcement Initiatives for Fiscal Years 2017–2019 10-01-2016

On October 1, the U.S. Environmental Protection Agency’s (“EPA”) National Enforcement Initiatives (“NEIs”) for fiscal years 2017-2019 took effect.

A Profile of V&E’s Energy Appellate Practice 08-31-2016

Marie Yeates, co-chair of V&E's Appellate practice, and Appellate partner Michael Heidler have deep experience handling energy appeals, particularly in Texas and Louisiana.

A Closer Look at EPA's New Methane Rules for the Oil and Gas Industry 06-22-2016

On May 12, 2016, EPA issued a slate of final rules and an information request under the Clean Air Act directed at the oil and gas industry. This is the first time EPA is directly regulating methane as a greenhouse gas. These rules will have widespread application to the oil and gas industry, including production, processing, transmission, and storage. 

Employment Consideration in International Asset Transactions 06-03-2016

Martin Luff, counsel in V&E’s International Employment practice, highlights some of the differences between U.S. and international transactions with regards to the transfer of employment and employee benefits. Buyers and sellers must consider all potential issues that may arise in the different jurisdictions where business deals occur.

Global Reductions in Force 06-03-2016

Martin Luff, counsel in V&E’s International Employment practice, highlights the issues employers must consider when implementing global layoffs or reductions in force.

Workers’ Compensation Insurance: Do You Have the Coverage You Think You Do? 06-03-2016

There are several benefits to workers’ compensation insurance. For example, it provides benefits to an employee in the event of a workplace injury and provides an exclusive remedy protecting the employer from most types of negligence claims.

Changes to the Partnership Audit Tax Rules – What Partnerships Need to Consider Now 02-04-2016

Major changes to the rules for auditing the tax items of partnerships were made by the Bipartisan Budget Act of 2015 and will come into effect in 2018.

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