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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.  

Pink Hair in the Workplace 05-09-2019

Managing the Modern Workplace, May 9, 2019

A few months ago, I was having lunch with a good friend who — although she is not an employment lawyer — likes to get my thoughts on current workplace issues. As we ate our pizzas, my friend wanted to talk about the Millennial receptionist at her office who had showed up earlier that morning having dyed her hair bright pink.

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.

Under Pressure: Public Companies and Disclosures About Their Employees 05-07-2019

Managing the Modern Workplace, May 7, 2019

There is growing pressure on public companies to disclose information about their employees. At the end of March, for example, the SEC’s Investor Advisory Committee recommended that the SEC recognize the significance of human capital management and incorporate disclosures about employees in the SEC’s standard disclosure requirements.

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.

Popcorn & Principles XVII: More Order in the Court 05-07-2019

Popcorn & Principles XVII, More Order in the Court is a fun and interactive review of several key principles found in the rules of professional conduct.

8th Annual Private Equity US Spring Forum 05-06-2019

V&E partner Robert Seber will be conducting an interview with Chuck Davis, CEO of Stone Point Capital at the 8th Annual Private Equity US Spring Forum in New York City on Monday, May 6th.

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.

“This is My Information and You Can’t Have It” – Breaking Down Information Walls in the Workplace 05-02-2019

Managing the Modern Workplace, May 2, 2019

I recently heard a story about a company that created a new division as a result of a technology advancement and ran into a problem –– a “wall,” if you will. The problem was that, in its nascent state, the technology that was going to be used by this new division had been previously “owned” by the IT department. 

ITC Trial Lawyers Association Event 05-02-2019

V&E partner Steve Borgman will speak on the overlap and interplay of International Trade Commission and federal court litigation at an event organized by the ITC Trial Lawyers Association and the IP Law Section of the State Bar of Georgia.

BOEM Announces Increased Civil Monetary Penalties for 2019 05-01-2019

Environmental Blog

As has been reported on in the past, federal agencies with oversight over offshore regulated activities, including oil and gas exploration and production operations, continue to increase the maximum civil penalty amounts they may assess for violations of applicable law, with the federal Bureau of Ocean Energy Management (“BOEM”) being the latest agency to do so.

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).

Professionals and Managers as Shift Workers 04-30-2019

Managing the Modern Workplace, April 30, 2019

What if companies and firms made flexible work mandatory for all?  What if everyone was given a “shift” to work and knew that otherwise, they were not to respond to the constant emails or calls, but rather could rely upon their “shift relief” to answer?  Would the result be a more fair workplace for all with equality in opportunity and compensation?

PLI Tax Planning for Domestic & Foreign Partnerships, LLCs, Joint Ventures & Other Strategic Alliances 04-30-2019

V&E Partner Gary Huffman will speak on "Advanced Basis Issues: Impact of Liabilities" at PLI's Tax Planning for Domestic & Foreign Partnerships, LLCs, Joint Ventures & Other Strategic Alliances conference in April in New York and in Chicago in May.

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.

The Supreme Court All But Ends Classwide Arbitration, Delivering A Win For Employers 04-25-2019

Managing the Modern Workplace, April 25, 2019

When most employers think about arbitration with their employees, they think about arbitrating the claims of one employee at a time.

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.

Thirty First ITF Public Conference: Human Rights in International Investment Law 10-26-2018

V&E senior associate Alex Slade will speak on the panel "Interpretation of human rights obligations by international tribunals."

Rystad Energy Information Session 10-25-2018

Please join Lars Lysdahl, Head of New York Consulting for Rystad Energy and Robert Seber, Partner, Mergers & Acquisitions and Private Equity at Vinson & Elkins LLP for a morning of knowledge sharing.

CRE.Converge 2018 10-17-2018

On Wednesday, October 17th, V&E partners Greg Cope and Chris Mangin and senior associate Sarah Fortt will be speaking on a panel titled “Advising the Board on Crisis Management” during the General Counsel Forum at CRE.Converge.

TowerXchange Meetup Africa 2018 10-09-2018

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

The Deal Economy Conference - Chicago 09-24-2018

V&E partner Steve Gill will speak on the Shareholder Activism panel alongside senior executives from Edelman, Voce Capital Management, Legion Partners, and Innisfree M&A Incorporated on September 24th.

Estimating System Adequacy - The Price Has to Be Right! 09-20-2018

Dan Graham of V&E’s Washington, D.C. office and Mike Mardesich of DHG’s Government Contract Advisory will be presenting on a webinar on the government’s recent assessment and audits of contractor's estimating systems and adequacy reviews of contractor's cost proposals.

Preparing for and Managing Risks Involved with Cross-Border Investigations 09-20-2018

Energy Series Logo - Mini Thumbnail - 50px WideThree former prosecutors will walk us through the government investigation process, from examining the types of events that trigger an investigation to negotiating a settlement.

American Bar Association Business Law Section Annual Meeting 09-13-2018

V&E partners Manuel Berrelez and Devika Kornbacher will speak at this year’s ABA Business Law Section Annual Meeting on Friday, September 14.

5th Annual Women in Litigation Forum – New York Benchmark Litigation 09-05-2018

V&E counsel Jennifer Freel is a speaker on the panel, “Creating a Great Legal Workplace,” at the 5th Annual Women in Litigation Forum.

Insuring M&A Transactions | A&D Strategies and Opportunities Conference and Workshop – Hart Energy Conferences 09-05-2018

V&E counsel Sarah Mitchell is a panelist at the roundtable, “Insuring M&A Transactions” which will delve into the role of insurance in securing that value by reducing business risks, which can range from aborted deals to assumption of unwanted liabilities to sub-par returns.

The Nuts and Bolts of Representations and Warranties Insurance in M&A Transactions 09-05-2018

In this LIVE Webcast, V&E counsel Sarah Mitchell will join a seasoned panel of thought leaders and professionals brought together by The Knowledge Group to provide an in-depth analysis of the fundamentals as well as recent developments in representations and warranties insurance in M&A Transactions.

29th Annual Labor and Employment Law Institute 08-24-2018

V&E Labor & Employment lawyers Chris Bacon and Phileda Tennant are presenting at the State Bar of Texas' 29th Annual Labor and Employment Law Institute, a two-day course on the latest Labor and Employment topics and trends.

Bi-Monthly Cartel & Criminal Practice Update 07-30-2018

V&E lawyers Craig SeebaldLindsey Vaala, and Ryan Will will report on recent Antitrust division enforcement actions and related litigation, policy updates, international coordination, and other important developments in criminal antitrust law. 

National Foundation for Judicial Excellence 2018 Judicial Symposium 07-20-2018

V&E partner John Elwood will serve as a speaker at the National Foundation for Judicial Excellence's (NFJE) 2018 Judicial Symposium. He will speak on "Deciding to Decide: Selecting Cases for the Discretionary Docket."

Competition Developments in Brazil, the US and EU – What Brazilian Counsel and Companies Need to Know 07-13-2018

BMA and V&E are co-sponsoring a forum on Competition Developments in Brazil, the US and EU in BMA's São Paulo office on July 13, 2018. V&E partner, Hill Wellford, will be presenting alongside BMA partners Marcos Exposto and José Inacio Ferraz de Almeida Prado Filho.

The C2 Summit: Winning US Government Contracts Worldwide & Networking Event 06-28-2018

V&E Counsel, Jamie Tabb, will be a panelist at the C2 Summit: Winning US Government Contracts Worldwide & Networking Event in Dubai.

TowerXchange Meetup Americas 2018 06-20-2018

V&E partner Robert Dixon will chair the roundtable discussion "Swift and Effective Evaluation of M&A Opportunities in New Markets."

4th Annual GAR Live Energy Disputes 06-14-2018

Vinson & Elkins is pleased to be sponsoring the 4th Annual GAR Live Energy Disputes. The event will feature a series of thought provoking panel discussions and a networking lunch, and will conclude with a drinks reception from 5:40 p.m. onwards. 

2018 Kayo Women’s Energy & Resources Summit 06-13-2018

V&E partners Caroline Blitzer Phillips, Sarah Morgan, and Lina Dimachkieh will each speak on panels on Wednesday, June 13th and Thursday, June 14th at the conference in Houston.

National Investor Relations Institute Annual Conference 06-10-2018

On Sunday, June 10th, V&E's Steve Gill and Patrick Gadson will present, "What to Do When the Barbarians Are At Your Gate: A Shareholder Activism Bootcamp" at the NIRI Annual Conference in Las Vegas.

Hunting Pirates at the ITC: A Cost-Effective Approach to Brand Protection 05-09-2017

IP Series Logo - Mini Thumbnail - 50px WidePiracy is one of the larger threats to brand owners. Going after pirates can be costly and traditional fines from Customs & Border Patrol do little to deter the brazen pirate.

Cybersecurity Preparedness for the Energy Industry 04-28-2017

Energy Series Logo - Mini Thumbnail - 50px WideThis panel discussion with representatives from the infrastructure, public relations and insurance fields discussed the metes and bounds of being “cyber-secure” in today’s energy business.

V&E Sponsors Inaugural Kayo Women’s Real Estate Investment Summit 2017 04-24-2017

V&E was a gold sponsor of Kayo’s inaugural Women’s Real Estate Investment Summit, which took place Monday, April 24th and Tuesday, April 25th in Brooklyn. With over 60 speakers and approximately 200 attendees from 18 states and four countries, the summit showcased diverse perspectives on trends in the real estate and hospitality sectors, with an exciting focus on the experiences of women professionals in the industry.

Patents in the “Age of Experience”: Valuable Property Right or Useless Relic? 04-11-2017

IP Series Logo - Mini Thumbnail - 50px WideIt is not news that technology has permeated and revolutionized practically every industry on the planet. While 25 years ago, the dawn of the internet ushered in the “Information Age,” we now find ourselves at the dawn of what some have dubbed the “Experience Age.”

V&E / Risk Assistance Network + Exchange (RANE) Energy Investment Roundtable 03-02-2017

The energy sector’s recovery from a historic decline in oil prices in 2016 has driven renewed interest in the sector’s investment opportunities. Further fueling this interest is rising demand and advances in technology that are yielding significant cost reductions in the way oil and gas are developed and produced.

Energy Technology Roundtable 02-23-2017

This program addressed technology’s growing impact on the oil and gas industry. The panel discussed cutting edge technologies that are currently impacting the oil and gas industry, the origins and the future of oil and gas technology as well as certain legal and commercial issues to consider when investing in, working with, and/or acquiring energy technology companies.

Alternative Capital: 144A Equity Offerings and Special Purpose Acquisition Companies (SPACs) 02-22-2017

Energy Series Logo - Mini Thumbnail - 50px WideThis program covered alternatives to traditional forms of capital raising, including 144A Equity Offerings and Special Purposes Acquisition Companies (SPACs). The presentation looked at recent market trends and precedents in such financings.

Environmental Citizens' Suit Defense: Preparing for "Private Attorneys General" in the Trump Administration 02-07-2017

Energy Series Logo - Mini Thumbnail - 50px WideAs the Trump Administration advances its agenda, several environmental NGOs will look to make good on their pledge to rely on citizen suit statutes to accomplish their public policy priorities. These groups hope to achieve judicial rulings on environmental theories that may not be endorsed by either the legislative or executive branches, while also being reimbursed for their efforts.

An MLP Update: The Final Regulations on Qualifying Income and Recent Delaware Supreme Court Opinions 01-25-2017

Energy Series Logo - Mini Thumbnail - 50px WideOn January 19, 2017, the Treasury Department and the IRS released final regulations providing guidance on the treatment of income from natural resource activities of publicly traded partnerships as qualifying income for purposes of section 7704(d)(1)(E) of the Internal Revenue Code.

Patent in the High Court 2016-2017 01-24-2017

IP Series Logo - Mini Thumbnail - 50px WideIn this presentation, we previewed TC Heartland LLC v. Kraft Foods Group Brands LLC and Impression Products, Inc. v. Lexmark International and discussed the issues and potential outcomes. We also took one additional step and discussed what these cases may mean to the business of law.

The Times They Are A-Changin’: Energy Policy in the Trump Administration 01-24-2017

U.S. oil and gas policy may undergo substantial change in the next administration. Federal rules governing methane emissions, the leasing of government lands, exports, and much more could be revised in the coming years. 

Preparing for an IPO: Market Update, Process and Timeline 11-09-2016

Energy Series Logo - Mini Thumbnail - 50px WideIn this program, V&E attorneys discuss recent IPO activity in the energy space, the IPO timeline and process overview, issues that arise during the IPO process, financial statement and structuring considerations, and governance matters.

MLP Qualifying Income and Market Update 09-14-2016

Energy Series Logo - Mini Thumbnail - 50px WideThis program will cover the status of the proposed qualifying income regulations and 2016 MLP capital markets transactions, with a focus on institutional preferred equity.

Energy REITs and Real Estate MLPs 07-13-2016

Energy Series Logo - Mini Thumbnail - 50px WideThis presentation introduced V&E’s new nationally recognized team of Real Estate Investment Trust (REIT) lawyers to the firm’s clients, and explored the corporate and tax similarities between master limited partnerships (MLPs) and REITs.

MLP Simplifications, Roll-Ups, and Recapitalizations 03-09-2016

Energy Series Logo - Mini Thumbnail - 50px WideIn this presentation, V&E attorneys cover sponsor acquisitions of MLPs, MLP acquisitions of GPs and IDRs, and subordinated unit restructurings.

Key Considerations in Distressed Upstream M&A 02-17-2016

Energy Series Logo - Mini Thumbnail - 50px WideIn this program, attorneys from V&E’s Corporate and Bankruptcy practices provide strategic and practical issues to consider when acquiring oil and gas properties from distressed, insolvent and bankrupt sellers.

Alternative Sources of Capital Raising in a Distressed Market 01-13-2016

Energy Series Logo - Mini Thumbnail - 50px WideThis program covers alternative sources of capital raising in a distressed market, including private master limited partnerships (private MLPs), private investments in public equity (PIPEs), preferred offerings to private equity investors and the retail public (private and retail preferred offerings), and MLP consolidations (MLP roll-ups).

MLP 101 10-14-2015

Energy Series Logo - Thumbnail - 125x120This program covers the typical organizational and capital structure of MLPs, governance and accounting issues, and a primer on tax considerations and qualifying income.

Senate Passes S.B. 19-181 Amendments, Sending Bill to Governor for Signature 04-05-2019

With the state barely past the long and bitter fight surrounding Initiative 97/Proposition 112, the Legislature’s Senate Majority Leader and Speaker of the House introduced surprise legislation that, if enacted as proposed, revamps the role of the Colorado Oil and Gas Conservation Commission (“COGCC”) and elevates the power and level of input that local communities have with respect to oil and gas development activities.

Lorenzo v. SEC: Supreme Court Finds Liability For Knowingly Disseminating Misleading Misstatements (Even If “Made” By Someone Else) 04-04-2019

V&E Government Investigations Update, April 4, 2019

The Supreme Court has now made clear that a person can be held liable for disseminating false or misleading statements with the intent to defraud, under SEC Rules 10b-5(a) and (c) even if the person did not “make” the false statement and even if the dissemination of the false or misleading statement was done at the direction of a superior.1

Appellate Court Confirms that Steering Contracts to a Third Party Can Violate the Hobbs Act 04-03-2019

V&E Government Investigations Update, April 3, 2019

The First Circuit Court of Appeals recently ruled that steering contracts to a third party may violate the federal prohibition against extortion — even where the extortionist receives no personal benefit.

Giving Credit Where Credit is Due: University’s False Claims Act Settlement Highlights Importance of Proper Accounting Practices for Federal Award Recipients 03-27-2019

V&E False Claims Act Update, March 27, 2019

On March 21, 2019, the Department of Justice (“DOJ”) announced that the University of Wisconsin-Madison (the “University”) agreed to pay $1.5 million to settle allegations that it had violated the False Claims Act (“FCA”) by failing to properly credit rebates and discounts to costs allocable to federal grants and awards obtained by the University. 

DENIED: SCOTUS Denies Cert. in Mueller’s Mystery Case 03-27-2019

V&E FCPA and Global Anti-Corruption Update, March 27, 2019

On Monday, March 25, 2019, in a brief order without any dissents, the Supreme Court denied certiorari in In re Grand Jury Subpoena,1 the case also known as the “Mueller Mystery Case” because the name of the party involved remains under seal by the courts.

Will Size Matter? Ninth Circuit Agrees to Review Certification of Largest-Ever Antitrust Class Action 03-26-2019

V&E Antitrust Update, March 26, 2019

On September 27, 2018 a federal judge in the Northern District of California certified what is likely the largest class action ever in In re Qualcomm Antitrust Litigation, No. 17-MD-02773 (N.D. Cal. Sept. 27, 2018).

The Texas Lawbook: Texas IPO Activity in 2018 and 2019 Preview 03-21-2019

First published in The Texas Lawbook, March 14, 2019

V&E lawyers Ramey LayneJessica Lewis and Alexandra Lewis give their take on 2018 Texas IPO Activity and what to expect in 2019.

Are Illegal Funds Fueling the Real Estate Market? Initiatives to Deter Money Laundering Lead to Increased Scrutiny and Higher Fines 03-21-2019

V&E Anti-Money Laundering Update, March 21, 2019

On March 4, 2019, a British customs agency raided 50 real estate agencies and announced the largest fine ever imposed in the U.K. for money laundering violations in the real estate market.

DOJ Updates FCPA Cooperation Credit Policy for M&A 03-20-2019

V&E FCPA and Global Anti-Corruption Update, March 20, 2019

Last week, the Department of Justice (“DOJ” or “Department”) made a series of changes to the 2017 FCPA Corporate Enforcement Policy (“Policy”) contained in the Justice Manual (until last year, known as the United States Attorneys’ Manual).

Footnote Fodder: DOJ’s Modified FCPA Guidance Includes Footnote That Appears to be Responding to Criticism 03-20-2019

V&E FCPA and Global Anti-Corruption Update, March 20, 2019

Last week, the DOJ updated its guidance to the Foreign Corrupt Practices Act (“FCPA”) and in doing so tweaked its de-confliction advice.

Burn After Reading? — DOJ Loosens Previous Ban on Secretive Messaging Apps 03-15-2019

V&E FCPA and Global Anti-Corruption Update, March 15, 2019

DOJ has again modified its guidance regarding enforcement of the FCPA. Among the recent modifications is a loosening of the ban it had announced in 2017 on the use of disappearing messaging applications or software by companies hoping to receive cooperation credit under the Corporate Enforcement Policy.

Recent FCPA Speeches Highlight and Defend DOJ Priorities 03-14-2019

V&E FCPA and Global Anti-Corruption Update, March 14, 2019

On March 7 and 8, 2019, Deputy Attorney General Rod Rosenstein and Assistant Attorney General Brian Benczkowski delivered separate speeches on developments in FCPA enforcement, highlighting that DOJ aims to make “corporate criminal enforcement more effective and efficient.”1

Washington Senate Passes Comprehensive Data Privacy Law 03-14-2019

V&E Cybersecurity and Data Privacy Insights, March 14, 2019

On March 6, 2019, the Washington State Senate passed Senate Bill No. 5376, the Washington Privacy Act (“WPA”).

Insufficient Evidence Leads to Former Barclays Trader’s Acquittal Without a Jury 03-13-2019

V&E Government Investigations Update, March 13, 2019

In a blow to the DOJ, on March 4, 2019, a Northern District of California district court dismissed all charges against former Barclays foreign currency options trader Robert Bogucki. 

BSEE Streamlined Guidance on Idle Iron Requirements 03-11-2019

V&E Environmental and Natural Resources Update, March 11, 2019

On December 11, 2018, the federal Bureau of Safety and Environmental Enforcement (“BSEE”) issued a Notice to Lessees and Operators and Pipeline Right-Of-Way Holders (“NTL”) for the Outer Continental Shelf (“OCS”) Gulf of Mexico Region on Idle Iron Decommissioning Guidance for Wells and Platforms (the “2018 NTL”).

Getting the Discovery You Need in Arbitration 03-11-2019

First published in the American Bar Association, The Woman Advocate, March 05, 2018

V&E’s Carly Milner and Aurra Fellows discuss the need to understand what discovery will be available and whether that meets their needs.

The Trouble With Emojis 03-08-2019

V&E High-Tech Law & Litigation Update, March 08, 2019

Like the Tribbles on the classic television series Star Trek, emojis are cute and fun, but they can cause major trouble if not handled correctly.

Congress Takes First Steps Towards Federal Data Privacy Law 03-08-2019

V&E’s Cybersecurity & Data Privacy Update, March 08, 2019

Everyone knows by now that the European Union passed a sweeping privacy law that was implemented in May of 2018 regulating how businesses may use personal data.

CFTC Announces New Enforcement Advisory Relating to Foreign Corrupt Practices 03-07-2019

V&E FCPA and Global Anti-Corruption Update, March 07, 2019

On March 6, Director James M. McDonald of the U.S. Commodity Futures Trading Commission (“CFTC”) announced a new Enforcement Advisory at the American Bar Association’s National Institute on White Collar Crime, aimed at encouraging cooperation with CFTC investigations related to foreign corruption.

One for You, Two for Me — Cognizant FCPA Declination a Mixed Bag for Companies 03-07-2019

V&E FCPA and Global Anti-Corruption Update, March 07, 2019

In the first FCPA enforcement action of the 2019 season, DOJ issued a particularly lenient declination to Cognizant Technology Solutions Corporation, but required additional disgorgement beyond what the SEC could collect in its own parallel action and indicted two of the company’s most senior executives.

National Employer Gets Tangled up by Differing State Standards 02-05-2019

Managing the Modern Workplace, February 5, 2019

Recent headlines involving Buzzfeed News highlighted the challenges that multi-state employers can have when some of their employees are subject to more employee-friendly state laws than others.

Scanning…Scanning…: Illinois Supreme Court Finds Plaintiffs are Not Required to Show Harm Under Biometric Data Privacy Act 01-31-2019

Managing the Modern Workplace, January 31, 2019

In Illinois, the state’s Supreme Court just issued a significant ruling regarding the state’s biometric information privacy act, holding that a plaintiff need not prove actual harm from improperly collected biometric data.

The Crazy Patchwork Quilt That is Independent Contractor Law 01-29-2019

Managing the Modern Workplace, January 29, 2019

Determining whether an individual providing services to a company is an independent contractor or an employee depends on many factors, some unusual and not typical for employment law questions. 

Silencing the Peanut Gallery: Is it Legal to Prevent Employees from Speaking to the Media? 01-24-2019

Managing the Modern Workplace, January 24, 2019

It is a common misconception that the First Amendment protects a person’s right to say whatever they want, whenever they want. 

The Modern Workplace In Mexico: On the Verge of Big Changes? 01-22-2019

Managing the Modern Workplace, January 22, 2019

While it seems much of the country and the U.S. government are fixated on the Texas – Mexico border, changes that are more important to U.S. companies may be happening further south in Mexico City.

When Doctors Disagree: Conflicting Medical Opinions In Return To Work Situations 01-17-2019

Managing the Modern Workplace, January 17, 2019

What are employers supposed to do when they receive conflicting medical opinions about the status of their employee’s ability to return to work?

Fear and Furloughing in the US: Federal Contractors and the Shutdown 01-15-2019

Managing the Modern Workplace, January 15, 2019

As the government shutdown extends into its fourth week, some federal contractors who have contracts with shut down or severely crippled government agencies have likely started seeing – or will begin seeing soon – the ripple effects of the shutdown.

Knowing Right From Wrong, From Hugs to Inappropriate Behavior: The International Impact of the #MeToo Movement 01-10-2019

Managing the Modern Workplace, January 10, 2019

Many of us have found the descriptions of the behaviors exposed during the #MeToo movement to be a truly troubling comment on U.S. workplaces. 

While the Brick Wall is Debated, An Electronic Wall Falls 01-08-2019

Managing the Modern Workplace, January 8, 2019

The Department of Homeland Security’s E-Verify system has become unavailable while the U.S. Government debates building a wall on the U.S. – Mexico border.

A Friendly Warning for Non-U.S. Citizens Who Rely on the U.S. Visa Waiver Program for Business Trips 01-03-2019

Managing the Modern Workplace, January 3

It has become so much more difficult to obtain U.S. visas for many non-U.S. citizens who wish to do business in the U.S. But even citizens who are eligible for the U.S. Visa Waiver program are discovering that entry into the United States is not always guaranteed.

California Dreamin’: What’s New in Employment Law on Such a Winter’s Day 12-26-2018

Managing the Modern Workplace, December 26, 2018

California employers saw many legal developments in state courts and the legislature this year.

In This Season, Our Business is for the Good of Everyone 12-20-2018

Managing the Modern Workplace, December 20, 2018

We here at Vinson & Elkins who write for and edit the Modern Workplace Blog wish to leave you with this thought for the holiday season.

A Tide Is Rising and It’s Called ESG 12-18-2018

Managing the Modern Workplace, December 18, 2018

A major challenge for corporate executives today is the rising tide of Environment, Social, and Governance (ESG) investing.

Silica in the Fracking Industry: It’s Not Just Your Contractor’s Problem 12-13-2018

Managing the Modern Workplace, December 13, 2018

While many refineries, chemical plants and manufacturing facilities rely on contractors to do some tasks, at most of these types of facilities, the operator’s employees usually outnumber the contractors.

In the Spirit of George H.W. Bush, an H1-B Pre-registration Immigration Proposal Worth Cheering 12-11-2018

Managing the Modern Workplace, December 11, 2018

The passing of President George H.W. Bush has me thinking about how different of a world we live in compared to when President Bush signed the Immigration Act of 1990 and, as he said, “opened the front door” on legal immigration.

The Big Uneasy (Part 2): Communicating with Managers about an RIF 12-06-2018

Managing the Modern Workplace Update, December 6, 2018

When top management is uneasy about the ongoing success of a company, rumors about the fallout of that uneasiness are hard to contain.

OSHA can now Cite Texas, Louisiana and Mississippi Employers for Violations to Which Only Other Employer’s Employees are Exposed 12-04-2018

Managing the Modern Workplace Update, December 4, 2018

Since 1999, OSHA has taken the position that it can cite any employer who has general supervisory authority over a worksite, including those with power to correct or require correction of safety and health violations even if its own employees were not exposed to the hazard.

The Big Uneasy: How Do I Plan for a Potential Reduction in Force? 11-29-2018

Managing the Modern Workplace Update, November 29, 2018

We have heard you. While the economy seems to be humming along, there is an uneasiness in the stock markets and in energy prices. 

Many New York Employees May Be Legally Entitled to a Raise 11-27-2018

Managing the Modern Workplace Update, November 27, 2018

In the last few months, I have been inundated by questions from my New York clients about the new sexual harassment training and policy requirements.

Round Three: The Pennsylvania Supreme Court Agrees to Review Briggs in Deciding Whether the Rule of Capture Defeats a Claim of Trespass for Drainage Arising from Hydraulic Fracturing 11-26-2018

Environmental Blog

On November 20, 2018, the Pennsylvania Supreme Court agreed to review the April 2018 intermediate appellate court decision, Adam Briggs et al. v. Southwestern Energy Production Company, which held that the “rule of capture” did not bar a claim for trespass when an operator’s hydraulic fracturing activity resulted in the drainage of gas from an adjoining tract that was not a part of the operator’s lease.

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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