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Gulf Coast Power Association 2015 Fall Conference 09-30-2015

V&E partner Barry Smitherman will speak on a panel of Former PUCT commissioners at the Gulf Coast Power Association (GCPA) 2015 Fall Conference.

Best Practices for MLP Dropdowns: Lessons from Delaware Court of Chancery’s Recent El Paso Decision 07-23-2015

Energy Series Logo - Mini Thumbnail - 50px WideThe panel will discuss the implications of El Paso to MLPs, sponsors, conflicts committee members, and financial advisors, and provide practical advice on current best practices in MLP dropdowns.

High Court Overturns EPA Air Toxic Rule for Coal-Fired Power Plants 06-30-2015

V&E Environmental Law Update E-communication, June 30, 2015

Yesterday, the Supreme Court rejected as “unreasonable” an interpretation by the United States Environmental Protection Agency (EPA) of Section 112(n)(1)(A) of the Clean Air Act (the Act) and thereby invalidated the Mercury and Air Toxics Standards (MATS). 

Innovation Concatenation: Exploring the Crossroads of Invention, Commercialization and the Rule of Law 06-29-2015

Hosted by The Center for American and International Law (CAIL)

The purpose of the program, hosted by The Center for American and International Law (CAIL), is to bring together leading voices in innovation and those who protect it.

American Conference Institute’s Advanced Forum on Whistleblower Litigation - Responding to Increased Number of Reports 06-28-2015

American Conference Institute presents its inaugural Summit on Whistleblower Litigation to offer practical guidance on how to minimize your organization’s risk exposure due to the increasing number of whistleblower complaints at various government agencies including the SEC, CFTC, IRS, DOJ, and OSHA. 

Consequential Damages Waivers: How to Consequentially and Incidentally (Including Indirectly) Waive Your Remedy 06-26-2015

First published by Houston Law Review: Off the Record, June 2015

Consequential damages waivers are often quickly absorbed as boilerplate. There is, however, increasing literature on the recognition of the potential misuse of such waivers, especially with regard to the overlap between direct and consequential damages.

International Labor and Employment Law Update: Summer 2015 06-26-2015

V&E Employment, Labor and OSHA Update E-communication, June 26, 2015

It appears likely that U.S. companies will soon face heightened obligations to safeguard the privacy of European employees’ personal information. 

Kinetic Electricity Reform in Mexico: An Economic Revolution 06-25-2015

Mexico has recently adopted sweeping energy reform that promises to dramatically reshape the electricity sector in Mexico. 

Cybersecurity Concerns for Private Equity Firms 06-24-2015

First published in Inside Counsel, June 24, 2015 

The U.S. Securities and Exchange Commission (SEC) has made clear that it is important for investment advisers, including private equity (PE) firms, to effectively manage cybersecurity risks. 

2015 Bench & Bar Conference 06-24-2015

Hosted by the Federal Circuit Bar Association

On Friday, June 26 at 9:30 a.m., V&E Appellate partner John Elwood will serve as a moderator for a panel titled, “The Supreme Court Review 2015.”

Credit Suisse 3rd Annual MLP and Energy Logistics Conference 06-23-2015

The conference provides investors with a unique opportunity to attend presentations by companies across the spectrum of the energy logistics and infrastructure supply chain.

V&E Submits Comments on MLP Qualifying Income Proposed Regulations 06-19-2015

V&E MLP Tax Update E-communication, June 19, 2015

Today, Vinson & Elkins LLP provided comments in response to the proposed regulations (Proposed Regulations) from the Department of Treasury (Treasury) and the Internal Revenue Service (IRS) relating to qualifying income from the exploration, development, mining or production, processing, refining, transportation and marketing of minerals or natural resources.

En Banc Federal Circuit Weakens Presumption against Finding Means-Plus-Function Claims when “Means” is Not Used 06-17-2015

V&E IP Insights E-communication, June 17, 2015

On June 16, 2015, in Williamson v. Citrix Online, LLC, No. 13-1130 (Fed. Cir. June 16, 2015), an en banc Federal Circuit overturned the decade-long, heightened burden of “strong” presumption that a claim is not subject to 35 U.S.C. § 112, para. 6 when the word “means” is not employed in the claim language along with the “strict requirement of ‘a showing that the limitation essentially is devoid of anything that can be construed as structure.’”

27th Annual ITA Workshop - Subconscious Influences in International Arbitration 06-17-2015

On Thursday, June 18, James Loftis, V&E Partner, Head of the Firm’s International Dispute Resolution Practice, and Member of ITA’s Executive Committee, will speak on the panel “Oral Advocacy, Subconscious Influences, and Differing Cultural Expectations.”

Harvard Roundtable on Shareholder Engagement 06-17-2015

The Harvard Roundtable on Shareholder Engagement will bring together prominent figures with a wide range of perspective on the subject, including activist investors, other institutional investors, issuers, directors, advisers, public officials and academics, for an off-the-record discussion.

Energy Restructuring and Reorganization Part II – Dealing in Distressed Energy Assets 06-16-2015

V&E Energy Restructuring and Reorganization Updates E-communication, June 16, 2015

Financially challenged energy companies may seek to sell assets in order to manage liquidity requirements and to reduce company leverage. 

The Supreme Court Limits Applicability of the False Claims Act Webinar 06-16-2015

Recent Supreme Court Decision Provides Good News for Contractors

Please join Dixon Hughes Goodman Contracting Advisory Partner, Bill Walter, and Vinson & Elkins’ Partners, Craig Margolis and Tirzah Lollar, as they collaborate to present a webinar discussing the landmark United States ex rel. KBR v. Carter lawsuit and the implications on the Government Contracting community.

Marine Money Week 06-16-2015

Sponsored by Vinson & Elkins LLP

The international ship financing community will gather to learn about key credit products, equity and capital markets products and what the market forecast is for the industry.  

Thomson Reuters’ Southwestern M&A/Private Equity Forum 06-16-2015

V&E partner Kai Liekefett will participate in the panel discussion “M&A Trends and Outlook: Deep Drill Down into Oil & Gas and Energy Sectors” at 9:15 a.m. CT and partner Steve Gill will moderate “Shareholder Activism and M&A Deals” at 3:45 p.m. CT. 

Citing Mayo and Myriad, Method Claims for Fetal DNA Test Held Invalid 06-15-2015

V&E IP Insights E-communication, June 15, 2015

On June 12, 2015, in Ariosa Diagnostics, Inc. v. Sequenom, Inc., No. 14-1139 (Fed. Cir. June 12, 2015), the Federal Circuit affirmed a summary judgment of invalidity of a method for determining fetal characteristics by detecting and amplifying paternally inherited cell-free fetal DNA (cffDNA) in maternal plasma and serum.

Gulf Coast Power Association 2015 Fall Conference 09-30-2015

V&E partner Barry Smitherman will speak on a panel of Former PUCT commissioners at the Gulf Coast Power Association (GCPA) 2015 Fall Conference.

Best Practices for MLP Dropdowns: Lessons from Delaware Court of Chancery’s Recent El Paso Decision 07-23-2015

Energy Series Logo - Mini Thumbnail - 50px WideThe panel will discuss the implications of El Paso to MLPs, sponsors, conflicts committee members, and financial advisors, and provide practical advice on current best practices in MLP dropdowns.

Innovation Concatenation: Exploring the Crossroads of Invention, Commercialization and the Rule of Law 06-29-2015

Hosted by The Center for American and International Law (CAIL)

The purpose of the program, hosted by The Center for American and International Law (CAIL), is to bring together leading voices in innovation and those who protect it.

American Conference Institute’s Advanced Forum on Whistleblower Litigation - Responding to Increased Number of Reports 06-28-2015

American Conference Institute presents its inaugural Summit on Whistleblower Litigation to offer practical guidance on how to minimize your organization’s risk exposure due to the increasing number of whistleblower complaints at various government agencies including the SEC, CFTC, IRS, DOJ, and OSHA. 

Kinetic Electricity Reform in Mexico: An Economic Revolution 06-25-2015

Mexico has recently adopted sweeping energy reform that promises to dramatically reshape the electricity sector in Mexico. 

2015 Bench & Bar Conference 06-24-2015

Hosted by the Federal Circuit Bar Association

On Friday, June 26 at 9:30 a.m., V&E Appellate partner John Elwood will serve as a moderator for a panel titled, “The Supreme Court Review 2015.”

Credit Suisse 3rd Annual MLP and Energy Logistics Conference 06-23-2015

The conference provides investors with a unique opportunity to attend presentations by companies across the spectrum of the energy logistics and infrastructure supply chain.

27th Annual ITA Workshop - Subconscious Influences in International Arbitration 06-17-2015

On Thursday, June 18, James Loftis, V&E Partner, Head of the Firm’s International Dispute Resolution Practice, and Member of ITA’s Executive Committee, will speak on the panel “Oral Advocacy, Subconscious Influences, and Differing Cultural Expectations.”

Harvard Roundtable on Shareholder Engagement 06-17-2015

The Harvard Roundtable on Shareholder Engagement will bring together prominent figures with a wide range of perspective on the subject, including activist investors, other institutional investors, issuers, directors, advisers, public officials and academics, for an off-the-record discussion.

The Supreme Court Limits Applicability of the False Claims Act Webinar 06-16-2015

Recent Supreme Court Decision Provides Good News for Contractors

Please join Dixon Hughes Goodman Contracting Advisory Partner, Bill Walter, and Vinson & Elkins’ Partners, Craig Margolis and Tirzah Lollar, as they collaborate to present a webinar discussing the landmark United States ex rel. KBR v. Carter lawsuit and the implications on the Government Contracting community.

Marine Money Week 06-16-2015

Sponsored by Vinson & Elkins LLP

The international ship financing community will gather to learn about key credit products, equity and capital markets products and what the market forecast is for the industry.  

Thomson Reuters’ Southwestern M&A/Private Equity Forum 06-16-2015

V&E partner Kai Liekefett will participate in the panel discussion “M&A Trends and Outlook: Deep Drill Down into Oil & Gas and Energy Sectors” at 9:15 a.m. CT and partner Steve Gill will moderate “Shareholder Activism and M&A Deals” at 3:45 p.m. CT. 

Kayo Women’s Energy Investment Conference 06-11-2015

The Kayo Conference Series produces conferences and events promoting women in finance.

Society of Corporate Secretaries & Governance Professionals' Chicago Chapter Meeting 06-11-2015

V&E partner Kai Liekefett will participate as a guest speaker in the discussion "Shareholder Activism: No One is Immune!" at the Society of Corporate Secretaries & Governance Professionals' Chicago Chapter meeting.

Equilar Executive Compensation Summit 2015 06-10-2015

The Equilar Summit is the largest conference dedicated to executive compensation and explores the complex, interrelated issues around Say on Pay, pay for performance, shareholder outreach, and executive pay. 

2nd Russian Energy Forum - London 2015 06-09-2015

V&E London partner and co-head of Project Finance Nabil Khodadad will once again be speaking at the forum and will participate at the roundtable discussion on “Financing in the current climate: mid & long term possibilities and risks.”

Tax Planning for Domestic & Foreign Partnerships, LLCs, Joint Ventures & Other Strategic Alliances 2015 06-09-2015

Practicing Law Institute’s (PLI) conference will teach and illustrate the partnership tax rules from the birth of the partnership, its operating life and on through its wind down, with an emphasis on practical planning strategies. 

Recent Developments in E-Discovery Law 06-08-2015

Hosted by Vinson & Elkins LLP

IP Series Logo - Mini Thumbnail - 50px WideA recent survey found that discovery costs could easily make up at least 20 percent of the total costs of a case, making it the second most expensive phase of litigation after trial.

5th Annual IEL-SEERIL International Oil and Gas Law Conference 06-03-2015

V&E partner David Stone will speak on the High Yield Bonds panel.

Privcap Media’s Energy Private Equity Networking Breakfast 06-03-2015

Privcap Media will host an Energy Private Equity Networking Breakfast at V&E’s Houston office.

Responding to Accidents and Emergencies: What Every General Counsel in the Energy Industry Should Know 05-21-2015

Hosted by Vinson & Elkins 

Energy Series Logo - Mini Thumbnail - 50px WideWorkplace accidents and emergencies can result in intrusive government inspections and significant legal liabilities. A company’s response in the immediate aftermath of such an event is key to protecting the company’s (and its employees’) interests. This program will address the issues on which every general counsel needs to be prepared when responding to workplace accidents and emergencies.

YieldCos and Renewable MLPs: Yield-Oriented Offerings in the Power Industry 05-13-2015

Hosted by Vinson & Elkins LLP

Energy Series Logo - Mini Thumbnail - 50px WideThe program will cover recent renewable power YieldCos and renewable master limited partnerships (MLPs), including the various structural alternatives that have been utilized, and analogies and comparisons between renewable power YieldCos and other yield-oriented structures.

CERAWeek 2015 Spotlight Interview with Vinson & Elkins Partner Barry Smitherman 04-22-2015

Vinson & Elkins partner Barry Smitherman sat down during CERAWeek 2015 with IHS Senior Director Raoul Leblanc to discuss the impact of declining oil prices on Texas upstream development.

CERAWeek 2015 Spotlight Interview with Vinson & Elkins Partner Jay Cuclis 04-21-2015

Vinson & Elkins partner Jay Cuclis sat down during CERAWeek 2015 with IHS Research Director James Wildash to discuss issues surrounding foreign investment in the North American energy sector.

Energy Restructuring and Reorganization 04-16-2015

Hosted by Vinson & Elkins LLP

Energy Series Logo - Mini Thumbnail - 50px WideRecent price declines in the oil and gas markets have created challenges in the energy sector.

Alternative Financing Opportunities for Upstream and Midstream Companies: Joint Ventures, Private Placements and Public Offerings of Equity Securities 04-15-2015

Hosted by Vinson & Elkins LLP

Energy Series Logo - Mini Thumbnail - 50px WidePlease join us for a discussion on alternative funding opportunities for upstream and midstream companies.

Credit Facility and High Yield Bond Covenant Issues for Upstream Borrowers in a Lower Commodity Price Environment 03-25-2015

Hosted by Vinson & Elkins LLP

Energy Series Logo - Mini Thumbnail - 50px WideThis presentation will cover select covenant issues under credit facilities and high yield bonds for upstream borrowers in a lower price commodity environment.

Getting Oil and Gas to Market: Regulatory and Contractual Considerations 03-12-2015

Hosted by Vinson & Elkins LLP

Energy Series Logo - Mini Thumbnail - 50px WideThe proliferation of shale production in the United States has created logistical bottlenecks as producers seek ways to get their oil and gas to market.

Managing People, Performance and the Price of Oil 02-19-2015

Hosted by Vinson & Elkins LLP

Energy Series Logo - Mini Thumbnail - 50px WideEmployers in the energy industry are facing particular challenges managing their workforces in an unstable market. Economic pressures (such as the fluctuating price of oil) are creating significant uncertainty with respect to businesses’ workforce requirements.

Shareholder Activism in a Lower Commodity Price Environment 02-18-2015

Hosted by Vinson & Elkins LLP

Energy Series Logo - Mini Thumbnail - 50px WideForbes is calling it “The Golden Age of Activist Investing.” Activist hedge funds, which acquire small stakes in public companies and push aggressively for change using the threat of a proxy fight, have been remarkably successful in recent years.

Corporate and MLP Securities Litigation 01-21-2015

Hosted by Vinson & Elkins LLP

Energy Series Logo - Mini Thumbnail - 50px WideLitigation challenging the fairness of M&A transactions involving MLPs (and LLCs) has remained strong. The presentation will review recent case law regarding investment banking fairness opinions, conflicts of interest, and adequacy of disclosures in proxy or registration statements.

Joint Ventures: Managing the Antitrust and Commercial Risks 11-20-2014

Hosted by Vinson & Elkins LLP 

Energy Series Logo - Mini Thumbnail - 50px WideThis program will cover antitrust and other litigation risks faced by energy companies as they enter into joint venture relationships and operate those ventures with their partners.

MLP 201 11-18-2014

Hosted by Vinson & Elkins LLP

Energy Series Logo - Mini Thumbnail - 50px WideThe course will cover advanced MLP topics, including a discussion of qualifying income considerations and international MLP assets, with a brief update on the recent IRS private letter ruling pause.

Barko 101: Establishing and Protecting Privilege Over Internal Investigations in the Energy Industry and Beyond 10-16-2014

Hosted by Vinson & Elkins LLP

Energy Series Logo - Mini Thumbnail - 50px WideV&E lawyers from the Barko case will discuss the D.C. Circuit's recent landmark decision, which confirmed that materials created during a company's internal investigation conducted by investigators working under the direction and supervision of its law department are protected from disclosure by the attorney-client privilege.

MLP 101 - Market Update and Basics of MLPs 10-08-2014

Hosted by Vinson & Elkins LLP

Energy Series Logo - Mini Thumbnail - 50px WideThe course will cover the typical organizational and capital structure of MLPs, governance and accounting issues, and a primer on tax considerations and qualifying income.

Shareholder Activism in the Energy Industry and Beyond 09-10-2014

Hosted by Vinson & Elkins LLP

Energy Series Logo - Mini Thumbnail - 50px WideShareholder activism has become a significant threat to the boards of directors of public companies. In recent years, activist hedge funds have been successful in using the threat of a proxy fight as a means to push for a sale, board representation or structural changes at target companies.

Energy Reform in Mexico 07-17-2014

Hosted by Vinson & Elkins LLP

Energy Series Logo - Mini Thumbnail - 50px WideOn April 30, 2014, Mexican President Enrique Peña Nieto presented secondary legislation to the Mexican Congress that is designed to implement the Constitutional energy reforms proposed in August 2013 and approved in December 2013.

New MLP IPO Structures and IRS and Tax Reform Update 06-19-2014

Hosted by Vinson & Elkins LLP

Energy Series Logo - Mini Thumbnail - 50px WideThis program will address evolving structures in the master limited partnership (MLP) market, highlighting recent MLPs with Operating Company subsidiaries, the emergence of MLPs with strategic partnerships, and the overlap of the emerging “YieldCo” structure with MLPs and MLP-related structure.

What Your Business Needs to Know About the Telephone Consumer Protection Act 06-10-2014

Hosted by Vinson & Elkins LLP 

In this presentation, Vinson & Elkins Complex Commercial Litigation partner Jason Levine will provide an overview of liability risks under the Telephone Consumer Protection Act (TCPA) and offer effective and informative measures for compliance with the Act to protect your business from inadvertent violations.

Dealing with the Office of Natural Resources Revenue: How to Manage and Avoid the Ever-Increasing Risk of Federal Royalty Underpayment and Civil Penalty Claims 05-15-2014

Hosted by Vinson & Elkins LLP

Energy Series Logo - Mini Thumbnail - 50px WideIn today’s enforcement environment, the Office of Natural Resources Revenue (ONRR) actively and aggressively pursues claims for royalty underpayment and civil penalties against royalty payors under federal leases.

High Court Overturns EPA Air Toxic Rule for Coal-Fired Power Plants 06-30-2015

V&E Environmental Law Update E-communication, June 30, 2015

Yesterday, the Supreme Court rejected as “unreasonable” an interpretation by the United States Environmental Protection Agency (EPA) of Section 112(n)(1)(A) of the Clean Air Act (the Act) and thereby invalidated the Mercury and Air Toxics Standards (MATS). 

Consequential Damages Waivers: How to Consequentially and Incidentally (Including Indirectly) Waive Your Remedy 06-26-2015

First published by Houston Law Review: Off the Record, June 2015

Consequential damages waivers are often quickly absorbed as boilerplate. There is, however, increasing literature on the recognition of the potential misuse of such waivers, especially with regard to the overlap between direct and consequential damages.

International Labor and Employment Law Update: Summer 2015 06-26-2015

V&E Employment, Labor and OSHA Update E-communication, June 26, 2015

It appears likely that U.S. companies will soon face heightened obligations to safeguard the privacy of European employees’ personal information. 

Cybersecurity Concerns for Private Equity Firms 06-24-2015

First published in Inside Counsel, June 24, 2015 

The U.S. Securities and Exchange Commission (SEC) has made clear that it is important for investment advisers, including private equity (PE) firms, to effectively manage cybersecurity risks. 

V&E Submits Comments on MLP Qualifying Income Proposed Regulations 06-19-2015

V&E MLP Tax Update E-communication, June 19, 2015

Today, Vinson & Elkins LLP provided comments in response to the proposed regulations (Proposed Regulations) from the Department of Treasury (Treasury) and the Internal Revenue Service (IRS) relating to qualifying income from the exploration, development, mining or production, processing, refining, transportation and marketing of minerals or natural resources.

En Banc Federal Circuit Weakens Presumption against Finding Means-Plus-Function Claims when “Means” is Not Used 06-17-2015

V&E IP Insights E-communication, June 17, 2015

On June 16, 2015, in Williamson v. Citrix Online, LLC, No. 13-1130 (Fed. Cir. June 16, 2015), an en banc Federal Circuit overturned the decade-long, heightened burden of “strong” presumption that a claim is not subject to 35 U.S.C. § 112, para. 6 when the word “means” is not employed in the claim language along with the “strict requirement of ‘a showing that the limitation essentially is devoid of anything that can be construed as structure.’”

Energy Restructuring and Reorganization Part II – Dealing in Distressed Energy Assets 06-16-2015

V&E Energy Restructuring and Reorganization Updates E-communication, June 16, 2015

Financially challenged energy companies may seek to sell assets in order to manage liquidity requirements and to reduce company leverage. 

Citing Mayo and Myriad, Method Claims for Fetal DNA Test Held Invalid 06-15-2015

V&E IP Insights E-communication, June 15, 2015

On June 12, 2015, in Ariosa Diagnostics, Inc. v. Sequenom, Inc., No. 14-1139 (Fed. Cir. June 12, 2015), the Federal Circuit affirmed a summary judgment of invalidity of a method for determining fetal characteristics by detecting and amplifying paternally inherited cell-free fetal DNA (cffDNA) in maternal plasma and serum.

EPA Hydraulic Fracturing Study Finds No Evidence of Widespread Systematic Impacts on Drinking Water Resources 06-11-2015

V&E Shale Insights — Tracking Fracking E-communication, June 11, 2015

On June 4, 2015, EPA released its long-anticipated draft assessment of the impacts of hydraulic fracturing operations on drinking water resources. 

Texas Legislature Re-Reforms Contested Case Permit Process 06-10-2015

Republished in Law360, June 10, 2015

Because Texas law does not provide for zoning restrictions outside most municipal areas, environmental permit proceedings before the Texas Commission on Environmental Quality often are the only resort for those seeking to block unwanted development. 

Shale Wastewater and Public Treatment Plants 06-08-2015

Originally published in Texas Lawyer, June 8, 2015

Storage, treatment, and disposal of wastewater have been one of the U.S. Environmental Protection Agency's areas of attention when it comes to hydraulic fracturing operations. EPA has been studying the feasibility of existing options for such use—including the use of publicly owned treatment works for treatment and disposal for such wastewater. In that vein, EPA recently proposed effluent limitation guidelines for hydraulic fracturing wastewater that would prevent the discharge of untreated shale wastewater into publicly owned treatment works.

Federal Circuit Holds Lack of Bona Fide Intent to Use Is a Proper Basis for Challenging a Trademark Application 06-05-2015

V&E IP Insights E-communication, June 5, 2015 

On June 4, 2015, the Federal Circuit affirmed a decision from the Trademark Trial and Appeals Board (TTAB) to sustain an opposition on the grounds that the applicant lacked a bona fide intent to use the mark in commerce under Section 1(b)(1) of the Lanham Act. M.Z. Berger & Co., Inc., v. Swatch AG, No. 2014-1219 (Fed. Cir. June 4, 2015).

Cybersecurity Concerns for Private Equity Firms 05-28-2015

V&E Securities Litigation and Enforcement / Private Funds Update E-communication, May 28, 2015

The U.S. Securities and Exchange Commission (SEC) has made clear that it is important for investment advisers, including private equity (PE) firms, to effectively manage cybersecurity risks. 

Texas Legislature Re-reforms Contested Case Permit Process 05-28-2015

V&E Environmental Law Update E-communication, May 28, 2015

Almost every biennium, Texas lawmakers readjust the balance between project developers and those who use environmental permitting processes to oppose them. Eds. and op eds. frame the TCEQ contested case process as either steering capital to neighboring states or depriving low-resourced neighbors of their last, best hope to be heard.

A Good-Faith Belief of Invalidity Is Not a Defense to Induced Infringement 05-27-2015

V&E IP Insights E-communication, May 27, 2015

On May 26, 2015, in Commil USA, LLC v. Cisco Systems, Inc., No. 13-896 (U.S. May 26, 2015), the United States Supreme Court held that a defendant’s belief that a patent is invalid is not a defense to an induced infringement claim under 35 U.S.C. § 271(b).

Governor Abbott Signs Bill Prohibiting Local Fracking Bans 05-21-2015

V&E Shale Insights — Tracking Fracking E-communication, May 21, 2015

On May 18, 2015, Texas Governor Greg Abbott signed H.B. 40 into law, preventing local governments in Texas from banning fracking.

Amending MLP Agreements to Add Forum Selection Clauses 05-20-2015

V&E MLP Update E-communication, May 20, 2015 

The power of a corporate board to unilaterally, i.e., without a vote of shareholders, adopt bylaws or charter provisions that specify the exclusive forum for claims relating to the corporation’s internal affairs has been recognized as a means of providing an efficient and value-promoting locus to resolve disputes.

Federal Circuit Panel Reaffirms “Single Entity” Rule for Direct Infringement Liability 05-14-2015

V&E IP Insights E-communication, May 14, 2015

On May 13, 2015, following remand from the Supreme Court, a Federal Circuit panel confirmed the applicability of the “single entity” rule for direct patent infringement of method claims under Section 271(a) of the Patent Act. Akamai Techs., Inc. v. Limelight Networks, Inc., No. 2009-1372, slip op. (Fed. Cir. May 13, 2015).

Federal Circuit: Qualitative Factors Alone Are Insufficient for Domestic Industry Requirement in ITC Investigations 05-12-2015

V&E IP Insights E-communication, May 12, 2015

On May 11, 2015, the Federal Circuit reversed the International Trade Commission’s (ITC) determination that the domestic industry requirement may be satisfied based entirely on a qualitative analysis. Lelo Inc. v. ITC, No. 2013-1582, slip op. (Fed Cir. May 11, 2015).

The Frack Pack Strikes Back: Hydraulic Fracturing Legislation in the 114th Congress 05-11-2015

V&E Shale Insights — Tracking Fracking E-communication, May 11, 2015

This spring, House and Senate Democrats proposed a suite of bills, known as the “Frack Pack,” attempting to expand federal regulation of hydraulic fracturing activities. 

Find Insights


V&E Blogs

D.C. Circuit Holds that the Proposed Rule to Regulate GHG Emissions Cannot be Challenged Until EPA Issues a Final Rule June 10, 2015

On June 9, 2015, the U.S. Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) denied several related challenges to the Environmental Protection Agency’s (“EPA”) proposed greenhouse gas (“GHG”) emission standards for existing electric utility generating units, known as the Clean Power Plan.


NACAA’s Menu of Options for Implementing the Clean Power Plan June 9, 2015

On May 21, 2015, the National Association of Clean Air Agencies (“NACAA”), an association of state and local air regulators, released Implementing EPA’s Clean Power Plan: A Menu of Options (“Menu of Options”).


A Clean Power Plan GHG Trading Scheme? Advanced Energy Economy Releases Recommendations for a Federal Plan June 4, 2015

A national organization of businesses known as Advanced Energy Economy (AEE) has released a white paper outlining its recommendations for how the EPA should craft a proposed Federal Plan to implement the proposed Clean Power Plan in states that do not submit state plans.


EPA Pushes Back Anticipated Release of Final Clean Power Plan Rules to August 2015 June 2, 2015

EPA's recently updated Unified Agenda of pending regulations sets an August target for issuing a final rule for the Clean Power Plan.