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Insights


NACD Northern California Chapter – Private Dinner with V&E 04-15-2019

V&E will host a private dinner with the Northern California Chapter of the National Association of Corporate Directors in San Francisco.

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.

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.


Public Roundtable on Antitrust Criminal Penalty Enhancement & Reform Act (ACPERA) 04-11-2019

On April 11th, V&E Counsel Lindsey Vaala will speak on a panel at a public roundtable held by the Department of Justice Antitrust Division to discuss the Antitrust Criminal Penalty Enhancement & Reform Act.

High Yield Bonds in the Energy Industry 04-10-2019

Energy Series Logo - Mini Thumbnail - 50px WideV&E partners provided an overview of high yield bonds in the energy industry, including a discussion of structuring issues, covenants and recent developments.

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

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.

Solar & Storage Finance Texas 04-09-2019

The Solar & Storage Finance Texas conference will take place in Austin, Texas on April 9 and 10.

Independent Petroleum Association of America's (IPAA) Oil & Gas Investment Symposium 04-08-2019

V&E partners Mingda Zhao and Brenda Lenahan and Senior Associate Julia Pashin will join representatives from Ernst & Young on a panel addressing "Valuation Creation and Strategic Exit Readiness" at the Independent Petroleum Association of America (IPAA)'s Oil & Gas Investment Symposium in New York.

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.

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.

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.

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.

Tax Executives Institute (TEI) 2019 Mid-Year Conference 04-01-2019

On April 1, V&E partner Gary Huffman will speak as a co-panelist on "The New Limitation on the Deduction for Business Interest Expense Under Section 163(j)" at the Tax Executives Institute's 2019 Mid-Year Conference.

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.

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.

Equilar Compensation Committee Forum 03-20-2018

Equilar and Nasdaq are excited to offer a one-day program for public company compensation committee members, chief HR and senior-level compensation executives, general counsel, and corporate secretaries.

2018 J.B. & Maurice C. Shapiro Environmental Law Symposium: The Public Trust Doctrine in the 21st Century 03-15-2018

Join The George Washington University Law School, the Journal of Energy and Environmental Law, GW Environmental & Energy Law Association, and the Environmental Law Institute for a symposium on the Public Trust Doctrine in Washington, DC.

Shareholder Activism: Managing & Mitigating Risks in 2018 03-06-2018

V&E partner Lawrence Elbaum (CCL/NY) will join Shaun Bisman, Principal, Compensation Advisory Partners and Gillian Emmett Moldowan, Counsel, Compensation, Governance & ERISA, Shearman & Sterling LLP for The Knowledge Group’s live webcast.

Tax Executive Institute – Houston Chapter Tax School 02-27-2018

On February 27, V&E Tax lawyers Megan James and Julia Pashin will speak on a panel titled, “Upstream Oil and Gas Like-Kind Exchange Transactions after Tax Reform,” at the upcoming Tax Executive Institute (TEI) Tax School.

Iraq Petroleum 2018 02-27-2018

V&E is pleased to sponsor the 2018 Iraq Petroleum Conference, taking place in Berlin, Germany on February 27-28.

2018 International Fiscal Association (IFA) Annual Conference 02-21-2018

V&E is pleased to sponsor the 2018 International Fiscal Association (IFA) Annual Conference. 

Trends Transactions and Opportunities in Oil and Gas 02-15-2018

V&E Restructuring partner Bill Wallander will speak on a complimentary webcast regarding the latest in oil & gas transaction trends.

The National Association of Corporate Directors: The Strategic-Asset GC 02-12-2018

On Monday, February 12, V&E partner Gillian Hobson will moderate the “2018 Governance Outlook” session at The Strategic-Asset GC being held in Washington D.C.

Advanced Intellectual Property Law Course 02-07-2018

On Wednesday, February 7, V&E partner Devika Kornbacher presented the topic, "Data Security & Agreements - Negotiating Agreements of Provisions" at a cybersecurity-focused workshop offered by the State Bar of Texas in conjunction with their annual Advanced Intellectual Property Law course.

Texas Journal of Oil & Gas and Energy Law (TJOGEL) Symposium 02-01-2018

V&E partners Matt Stammel and Mike Heidler will present, "Who Is Responsible for Cleaning up the Mess?: Indemnities in the Oil Patch" at the Texas Journal of Oil & Gas and Energy Law (TJOGEL) Symposium on Thursday, February 1.

What Technology Clients Need to Know About the New Tax Act 02-01-2018

IP Series Logo - Mini Thumbnail - 50px WidePresident Trump signed into law the bill commonly known as the Tax Cuts and Jobs Act of 2017 on December 22. What will this mean for your company?

13th Annual Columbia University Energy Symposium 02-01-2018

V&E partner Robert Seber will speak on the "Peak Oil Demand: Transitioning to a Low Carbon World" panel at the 13th Annual Columbia University Energy Symposium on Thursday, February 1.

2018 AIPLA Mid-Winter Institute 01-26-2018

On Friday, January 26, partner Devika Kornbacher will speak on “Law Firm Privacy – Have You Been Hacked?” as part of a larger panel titled, “Keeping Private Data Private – Law Firm Cybersecurity and the EU General Data Protection Regulation (GDPR)” at the American Intellectual Property Law Association (AIPLA) Mid-Winter Institute.

Oil and Gas Disputes 2018 01-25-2018

On Thursday, January 25, 2018, V&E energy litigation partner, Mark Rodriguez will speak on the Royalty Litigation panel at the Texas Bar Oil & Gas Disputes course cosponsored by the Oil, Gas and Energy Law Section of the State Bar of Texas and Texas Tech University School of Law.

YPE Houston Breakfast Series 01-23-2018

YPE Houston is hosting its first event of 2018 with a Breakfast Series featuring guest speakers from Vinson & Elkins, Jason L. McIntosh (Partner, Tax) and Neil Clausen (Associate, Tax) who will be discussing "Tax Reform Update and Implications".

Negotiation Ethics: Winning Without Selling Your Soul 01-23-2018

Lawyers negotiate every day and negotiating ethically and maintaining their reputations as ethical and professional is critical to the successful practice of law. 

ACI's FCPA Conference 01-23-2018

On January 24, 2018 V&E partner, Jeff Johnston, will present on the "Repeat Offenders: How to Mitigate the Risk of Recidivism with FCPA Compliance" panel at the American Conference Institute’s (ACI) 12th Houston Forum on the Foreign Corrupt Practices Act (FCPA).

5th ITA-IEL-ICC Joint Conference on International Energy Arbitration 01-18-2018

V&E is a proud sponsor of the 5th Annual ITA-IEL-ICC Joint Conference on International Energy Arbitration. This program focuses on a review of the year past and the year ahead in the arbitration of international disputes in the energy industry.

Wind Energy: The Art of Coping with Uncertainty 01-17-2018

Please join the Guarini Center for a discussion on “Wind Energy: The Art of Coping with Uncertainty.”

TowerXchange Meet Up Asia 2017 12-12-2017

Vinson & Elkins is pleased to be sponsoring the TowerXchange Meetup Asia 2017. TowerXchange is the primary thought leadership body in the global telecom tower industry.

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.

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.

#Youvebeenserved: Instagram Influencers Subpoenaed in Fyre Festival Bankruptcy 02-06-2019

V&E Government Investigations Update, February 06, 2019

Last week, the trustee for Fyre Festival LLC’s bankruptcy estate received court authorization to serve subpoenas on 24 individuals and companies connected to the failed music festival, including agencies representing the social media influencers who were instrumental in promoting the event.

Texas Supreme Court Affirms Vinson & Elkins LLP's “Win for The Little Guy” 02-01-2019

V&E Condemnation Update, February 1, 2019

After a six-year "fight" over compensation owed for taking 3,200 square feet of land from their family-owned Action Collision Repair facility in Little Elm, Texas, the Texas Supreme Court recently affirmed the trial court's Judgment in favor of Steve and Kim Morale for $1.064 million. 

Ultra Petroleum: Fifth Circuit Signals Make-Whole Premiums Unenforceable in Bankruptcy 01-31-2019

V&E Restructuring and Reorganization Updates, January 31, 2019

On January 17, 2019, the Fifth Circuit Court of Appeals issued an opinion holding that a creditor whose rights have been affected by operation of the Bankruptcy Code may nevertheless be “unimpaired” under a chapter 11 plan of reorganization.

Uncle Sam on Social Media: Lawsuit Accuses the Government of Abusive Surveillance 01-30-2019

V&E Government Investigations Update, January 30, 2019

Individuals and companies frequently use social media as a platform to share thoughts and connect with others. But do we know who is following and how they are using our data?

Supreme Court Holds that AIA’s “On Sale” Bar Applies to Confidential Commercial Sales 01-30-2019

V&E IP Insights, January 30, 2019

On January 22, 2019, the Supreme Court held that a confidential commercial sale of an invention can qualify as prior art under 35 U.S.C. § 102(a).

Think Before Using That Powerpoint: Recent Subpoena Highlights Risk 01-25-2019

V&E Government Investigations Update, January 25, 2019

When companies cooperate with investigations by government agencies, there are inherent risks with disclosing information, including the potential for unintentional waiver of the privileges protecting communications between companies and their attorneys and the work product that attorneys create.

Delaware Chancery Court Rejects Conflicted Officer’s Invocation of Corwin 01-24-2019

V&E Securities Litigation and Enforcement Update, January 24, 2019

Recently in In re Xura, Inc. Stockholder Litigation, the Delaware Chancery Court denied a motion to dismiss a claim for breach of fiduciary duty brought against a merger target company’s CEO, alleging that he orchestrated the company’s sale to a particular bidder in order to secure his position post-merger, which he stood to lose if the transaction did not occur.1

Fingerprints as Testimony: Federal Court Rejects Government Request to Compel Use of Biometrics to Open Digital Devices 01-23-2019

V&E Government Investigations Update, January 23, 2019

A magistrate judge in the Northern District of California recently held that compelling people to use their fingerprints, facial recognition, or “any other biometric feature” to unlock electronic devices is a violation of the Fifth Amendment’s protection against self-incrimination.

Colorado Supreme Court Affirms COGCC Role In Fostering Oil and Gas Development 01-17-2019

V&E Shale Insights, January 17, 2019

On January 14, 2019, the Colorado Supreme Court issued an opinion in Colorado Oil and Gas Conservation Commission (“COGCC”) v. Martinez, No. 17SC297, clarifying the role of the COGCC in implementing the Colorado Oil and Gas Conservation Act (the “Act”).

At Solicitor General’s Request, Supreme Court Closes Door in Gilead Sciences, Inc. v. United States ex rel. Campie 01-17-2019

V&E False Claims Act Update, January 17, 2019

Following the Solicitor General’s recommendation, on January 7, 2019, the Supreme Court rejected Gilead Sciences’ (“Gilead”) petition for review of a Ninth Circuit decision allowing a False Claims Act (“FCA”) case against Gilead to move forward.

The UK says “Show Me the Money” with its Unexplained Wealth Orders 01-17-2019

V&E Anti-Money Laundering Update, January 17, 2019

The British Government has begun using a powerful weapon it recently added to its anti-money laundering arsenal, the Unexplained Wealth Order (“UWO”). 

Court Backs Facebook’s Refusal to Comply with Criminal Defendant’s Subpoena 01-11-2019

V&E Government Investigations Update, January 11, 2019

Must companies that provide electronic communication services, like Facebook, comply with a subpoena from a criminal defendant?

It May Be Time to Change How we View the FCPA’s Books and Records Provision 01-10-2019

V&E FCPA Update, January 10, 2019

When first introduced to the tenets of the FCPA, there are two apparently unassailable doctrinal boundaries: (1) the FCPA concerns bribe payments made to foreign government officials (not private parties); and (2) the FCPA concerns paying not receiving a bribe. But the SEC’s recent use of the “books and records provision” (15 U.S.C. §78m) tests how steadfast those tenets are.

Bank Secrecy Act’s First Prosecution of a Broker-Dealer 01-10-2019

V&E White Collar Update, January 10, 2019

Late last month, federal prosecutors announced the first criminal prosecution against a U.S. broker-dealer under the Bank Secrecy Act (“BSA”).

Developments in Governance and Disclosure: Winter 2018-2019 Supplement 01-10-2019

V&E Corporate Governance Update, January 10, 2019

In this release, V&E governance professionals supplement our Winter 2018-2019 quarterly governance update with five recent governance developments.

The Fifth Circuit Makes it Easier for Non-Parties to Appeal Subpoena Rulings 01-09-2019

V&E Government Investigations Update, January 9, 2019

Third parties who receive trial subpoenas can face adverse rulings that are costly and time-consuming.

2018 Energy and Chemicals Antitrust Report 01-07-2019

V&E Antitrust Update, January 7, 2019

Produced by the firm’s nationally recognized antitrust practice, the Vinson & Elkins Energy and Chemicals Antitrust Report provides a comprehensive analysis of antitrust developments specific to the energy and chemical industries. The Report also provides merger enforcement data over the last decade specific to these industries.

District Court Tells Government to Show Its Work in Challenge to Its Role in Internal Investigation 12-27-2018

V&E White Collar Update, December 27, 2018

Department of Justice prosecutors face new scrutiny concerning their role in Deutsche Bank’s internal investigation as an employee recently convicted of wire fraud for improper efforts to affect the London Interbank Offered Rate (“LIBOR”) attempts to overturn his conviction.  

Company Data Breaches Lead to Enforcement Actions 12-21-2018

V&E Cybersecurity Update, December 21, 2018

Contacting legal counsel as soon as possible following discovery of a data breach can increase a company’s ability to comply with various state and local laws.

Rarely Used Korean Foreign Bribery Statute Could See Increased Enforcement 12-20-2018

V&E FCPA and Global Anti-Corruption Update, December 20, 2018

Last week, SeungJoo Lee of the Korean Prosecution Service, who is currently a Secondee Investigator with the World Bank Integrity Vice Presidency, suggested that Korean prosecutors may bring more cases under the Act on Preventing Bribery of Foreign Public Officials in International Business Transactions (“FBPA”) — a departure from this statute’s rare use over the past two decades.

DOJ to Prosecute Employers for Discriminating Against Americans by Hiring Foreign Workers 09-20-2018

Managing the Modern Workplace Update, September 20, 2018

As previously discussed here and here, this administration appears to be doing everything it can to enforce President Trump’s “Buy American and Hire American” executive order, by making it more difficult for employers to get work visas.

Do You Know Where Your Affirmative Action Plan Is? 09-18-2018

Managing the Modern Workplace Update, September 18, 2018

It usually begins like this. A client receives a letter from a very good customer asking to certify that the client is in compliance with Executive Order 11246, the 1965 Executive Order which established requirements for non-discriminatory practices in hiring and employment on the part of U.S. government contractors.

Don’t Just Read—Subscribe! 09-14-2018

Labor & Employment Blog

Now for a little shameless self-promotion. As a reader, I am sure that you have noticed that we blog on a wide range of employment and other workplace-related issues, writing with an eye for practical application.

No, You Don’t Have To Pay Employees During Their Yoga Classes: The FLSA and Wellness Programs 09-13-2018

Labor & Employment Blog

It’s no secret that the cost of healthcare in the United States is rapidly rising. Many employers are trying to reduce these costs for their employees by offering wellness programs that lower insurance premiums.

Juror Bias in the Trump Era? 09-11-2018

Labor & Employment Blog

I have tried many employment discrimination cases since the Civil Rights Act of 1991 allowed for jury trials.

New York Issues Guidance on New Sexual Harassment Law’s Requirements 09-06-2018

Labor & Employment Blog

Earlier this year, I discussed New York State’s new sexual harassment law, which goes into effect on October 9, 2018.

New Colorado Statute Provides Data Protection Guidance for Employers in the Centennial State and Beyond 09-04-2018

Labor & Employment Blog

On September 1st, a new data protection law took effect in Colorado. The statute requires Colorado employers to implement procedures to protect and eventually destroy employees’ personally identifiable information, and it expands employers’ notification requirements if employees’ information is compromised as the result of a data breach.

Screening Executive Applicants for “#MeToo” Problems 08-30-2018

Labor & Employment Blog

A few weeks ago in this blog, my colleague Martin Luff discussed how buyers of businesses are increasingly using “Weinstein reps” in corporate transactional agreements in order to ensure that they are not acquiring companies that might be especially vulnerable to harassment litigation which could result in a financial or reputational liability.

Doing Business in Massachusetts? Time to Revisit Your Non-Competes. 08-28-2018

Labor & Employment Blog

I have been a member of the Massachusetts Bar for 20 years and, even though I have lived in Texas since 2005, I still get calls about Massachusetts non-compete agreements from time to time.  In the wake of the state’s recent passage of a lengthy — but not entirely clear — non-compete statute, I expect those calls will become more frequent.

Fifth Circuit Opinion Confirms Federal Courts Closed for Cleanup Claims Against the State of Texas; State Courts Still an Option? 08-24-2018

Environmental Blog

In a recent opinion, United States Oil Recovery Site Potentially Responsible Parties Group (“USOR Site PRP Group”) v. Railroad Commission of Texas, No. 17-20361, 2018 WL 3649653, (5th Cir. Aug. 1, 2018) the United States Court of Appeals for the Fifth Circuit confirmed that sovereign immunity bars claims in federal court by private parties against states and state agencies under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA” or “Superfund”), 42 U.S.C. § 9601 et seq.

Little Mistakes Could Have Big Consequences for Visa Applicants 08-23-2018

Labor & Employment Blog

Following a trend we have seen since President Trump took office, the U.S. Citizenship and Immigration Services (“USCIS”) recently issued new guidance making it more difficult for applicants — and potentially more expensive for employer sponsors — to get work visas.

Undisclosed Personal Use of Company Perks by Executives Draws SEC Enforcement Action 08-21-2018

Labor & Employment Blog

In an unusual enforcement action, on July 2, 2018, the Securities and Exchange Commission (“SEC”) announced that Dow Chemical Company (“Dow”) agreed to settle charges relating to “inadequate” perquisite disclosures in their SEC filings from 2011 through 2015.

Doing Background Checks Right (Part Three) 08-16-2018

Labor & Employment Blog

When talking about background checks in the first two parts of this series, we focused our attention on “consumer” or “investigative” reports an employer might obtain from a third-party company that specializes in doing background checks.

Look Before You Leap — “Weinstein Reps” in Corporate Transactions 08-14-2018

Labor & Employment Blog

As Louis Brandeis observed, sunlight is said to be the best of disinfectants. The exposure and discussion prompted by the #MeToo movement has shone a cleansing light on the issue of sexual harassment in the workplace.

Why is Litigation so Expensive? 08-09-2018

V&E Labor & Employment Blog

Those of us who spend time in litigation have often heard clients question why litigation has become so expensive.

Collision Course: Colorado Initiative #108 Seeks to Blunt Private Property Owners’ Damages Occasioned by State and Local Government Through Initiative #97 08-08-2018

Environmental Blog

A petition for ballot Initiative #108 was submitted to the Colorado Secretary of State in advance of the August 6, 2018 deadline for proposals to be considered for inclusion on Colorado’s general election ballot on November 6, 2018.

Colorado Initiative #97: The Petition Beats the Deadline but is it Enough? 08-07-2018

Environmental Blog

The Office of the Colorado Secretary of State confirmed on Monday, August 6, 2018 that a petition for ballot Initiative #97 was turned in by the deadline period and will be considered for inclusion on the November 6, 2018 general election ballot.

Doing Background Checks Right (Part Two) 08-07-2018

V&E Labor & Employment Blog

After complying with all of the procedural requirements of the Fair Credit Reporting Act, what are you going to do about that five-year old DWI conviction, the two-year old bad check conviction, or that very recent assault conviction that your recent star college grad applicant pled guilty to after getting into a barroom fight during Spring Break in his junior year?

Facebook Faces Another Consequence of Its Privacy Problems: Shareholder Lawsuits 08-06-2018

High-Tech Law & Litigation Blog

After months of being on the hot-seat on Capitol Hill, in the press, and among its users, Facebook is now facing a pair of shareholder suits alleging that it misled investors about its expected revenues and user growth.

OSHA Proposes Rescinding Most of Obama Electronic Reporting Requirements 08-02-2018

V&E Labor & Employment Blog

We were not surprised when OSHA issued a Notice of Proposed Rule late last week which would eliminate the Obama Department of Labor requirements that employers with more than 250 employees would have to electronically submit their logs of Work-Related Injuries and Illnesses (OSHA Form 300) and their Injury and Illness Incident Reports (OSHA Form 301).

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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