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Crisis Planning: Part 2 – The Environmental, Health and Safety Crisis Scenario Published: 06-08-2016

It’s a dreaded situation – receiving a phone call that there has been an explosion, leak, or major accident at your facility. In the second part of our crisis planning presentations, we focus on the aftermath of a safety or environmental crisis and response tactics that can prove vital in any resulting litigation or government investigation. Watch a video recording and download the presentation.

Construction SuperConference 2016 – A Global Perspective on Construction Arbitration: Current Practices and Recent Developments from Around the World 12-05-2016

Nick Henchie, head of Vinson & Elkins’ International Construction Group, will feature on a panel of distinguished counsel and consultants discussing current practices and recent developments in Construction Arbitration on Tuesday, December 6th, 4:00 p.m. - 5:15 p.m. This panel discussion will focus on the practices and distinctions of various arbitral bodies, institutions, and rules implemented around the World.

28th Annual All Hands Meeting 2016 11-16-2016

V&E partners, Matt Jacobs and Jessica Mussallmen will be speaking at the 28th Annual All Hands Meeting in Santa Clara. They will be covering “The DOJ and SEC's New Tough Love Program for Corporations and Executives”. The All Hands Meeting is a unique and multifaceted annual event tailored to the special needs of in-house professionals whose companies rely upon intellectual property.

35th Annual Jay L. Westbrook Bankruptcy Conference 11-16-2016

The Jay L. Westbrook Bankruptcy Conference, now in its 35th year, attracts a national faculty of prominent judges, academics, and practitioners and provides an in-depth focus on current issues and topics in business and consumer bankruptcy.

32nd Annual SEC Reporting & FASB Forum 11-14-2016

The 32nd Annual SEC Reporting & FASB Forum hosted by the The SEC Institute, a division of Practising Law Institute (PLI), will explore the ever-changing world of SEC reporting, accounting, and auditing. On Monday, November 14, V&E partner Paul Tobias will be speaking on a panel entitled, "MD&A, Gearing Up for Year-End Reporting."

Hill International London Masterclass – Delay, Disruption and Construction Contracts 11-03-2016

Nick Henchie, Head of Vinson & Elkins’ International Construction Group, will be speaking at the Hill International Chartered Institute of Building Masterclass titled "Delay, Disruption and Construction Contracts." The event will examine current industry trends, changes to the law and methods of dispute resolution and cover a number of  the most up to date topics, including: How to minimize risks on your projects, Avoiding Disputes, Protecting your reputation when things go wrong and Preparing for hearings.

Harvard Roundtable on Corporate Governance 11-02-2016

The Harvard Roundtable on Corporate Governance will bring together top academics, practitioners and policy-makers for a discussion on current trends and topics in corporate governance. Chris Schmitt, a member of V&E’s Shareholder Activism Response Team, will attend and take part in the roundtable discussion.

PLI’s Tax Strategies for Corporate Acquisitions, Dispositions, Spin-Offs, Joint Ventures, Financings, Reorganizations & Restructurings 11-02-2016

Practicing Law Institute’s (PLI) seminar will focus on the tax issues presented by the entire spectrum of modern major corporate transactions, from relatively simple single-buyer acquisitions of a division or subsidiary to multi-party joint ventures, cross-border mergers, and complex acquisitions of public companies with domestic and foreign operations, including spin-offs and other dispositions of unwanted operations.

2016 Dispute Resolution in the International Oil and Gas Business AIPN and ICDR/AAA 10-27-2016

On Friday, October 28,  James Loftis, head of V&E’s International Dispute Resolution & Arbitration practice, will present on the “Infrastructure Dispute” panel at the Dispute Resolution in the International Oil and Gas Business conference hosted by AIPN and ICDR/AAA. Infrastructure Disputes Oil & gas companies are involved in some of the largest construction projects in the world.

90th Annual National Conference of Bankruptcy Judges 10-26-2016

The 90th Annual National Conference of Bankruptcy Judges will cover a variety of topics, including energy restructurings, chapter 13 exit strategies, and planning intercreditor and forbearance agreements.

Corporate Governance in the New Shareholder Activism Landscape Webinar 10-17-2016

Head of V&E’s Shareholder Activism Response Team Kai Liekefett will be the lead presenter in a webinar entitled “Corporate Governance in the New Shareholder Activism Landscape,” hosted by the Clear Law Institute.

The Texas Journal of Oil, Gas, and Energy Law’s (TJOGEL) Law Firm Career Panel 10-13-2016

V&E partner John B. Connally IV will be speaking as a panelist on TJOGEL's Law Firm Career Panel targeting first-year law students at 4:30 p.m. on Thursday, October 13. John B. serves on the Board of Directors for the TJOGEL.

Sixth Annual Hydraulic Fracturing Symposium 10-05-2016

Please mark your calendars to join Vinson & Elkins for our annual seminar discussing timely topics surrounding unconventional oil and gas development. 

ALM’s 10th Annual Hedge Fund General Counsel and Compliance Officer Summit 09-28-2016

V&E partner Mark Proctor will participate in a panel discussion entitled “Current Terms in Fund Negotiation and Structuring” at ALM’s 10th Annual Hedge Fund General Counsel and Compliance Officer Summit.

Asialaw Asia-Pacific Dispute Resolution Summit 2016 09-27-2016

V&E counsel John Zadkovich will be speaking on the "Enforcement Challenges in the Region" panel at the Asialaw’s Asia-Pacific Dispute Resolution Summit. The summit is dedicated to providing delegates with the latest know-how, trends and developments in dispute management in the region, and to give in-house counsel an insight into dealing with cross-border disputes, enforcement issues, and much more.

2016 Deloitte Oil & Gas Conference 09-21-2016

Partner and head of the Corporate department Keith Fullenweider will participate in a panel discussion entitled “Financing and M&A in the oil and gas industry: Current trends and considerations” at the 2016 Deloitte Oil & Gas Conference.

NACD Global Board Leaders' Summit 2016 09-17-2016

Vinson & Elkins is a sponsor of the National Association of Corporate Directors’ (NACD) annual conference in Washington, which brings together the best and the brightest in corporate governance for three days of dialogue, networking, and cutting-edge insight. This event is crafted to deepen the attendees’ collective understanding of the challenges and opportunities facing boardrooms today and in the future. 

Smarter, Faster, Cheaper Technology Dispute Resolution Conference – Open Forum with Silicon Valley 09-16-2016

The Association of Corporate Counsel (ACC), Silicon Valley Arbitration & Mediation Center (SVAMC), Chartered Institute of Arbitrators (CIArb), American Arbitration Association (AAA) and International Centre for Dispute Resolution (ICDR) have come together to host a one day program bringing together technology dispute resolution experts to discuss litigation and efficient dispute resolution practices. 

New York Stock Exchange Shareholder Engagement Forum 09-14-2016

Kai Liekefett, Head of Vinson & Elkins’ Shareholder Activism Response Team, will speak on a panel entitled “Activist Campaign Dos and Don’ts – Lessons from the Field” at the New York Stock Exchange’s Shareholder Engagement Forum.

Benchmark Women in Litigation Forum - New York 2016 09-12-2016

V&E partner Amy Riella will be participating in a panel discussion entitled “Government Investigations and Regulators” at the Benchmark Women in Litigation Forum in New York. The Forum will encourage a peer-led, collaborative discussion on how to become a better litigator, improve your skills in the ‘business of litigation’ and advance your progression through the ranks.

Board Dynamics in a Restructuring Environment Roundtable 09-09-2016

Chairman Mark Kelly will participate in a panel discussion entitled “Board Dynamics in a Restructuring Environment” during a breakfast hosted by the National Association of Corporate Directors TriCities Texas chapter. NACD is an organization for directors, by directors and provides the information and insights that board members rely upon to confidently navigate business challenges and enhance long-term shareowner value.

Construction SuperConference 2016 – A Global Perspective on Construction Arbitration: Current Practices and Recent Developments from Around the World 12-05-2016

Nick Henchie, head of Vinson & Elkins’ International Construction Group, will feature on a panel of distinguished counsel and consultants discussing current practices and recent developments in Construction Arbitration on Tuesday, December 6th, 4:00 p.m. - 5:15 p.m. This panel discussion will focus on the practices and distinctions of various arbitral bodies, institutions, and rules implemented around the World.

28th Annual All Hands Meeting 2016 11-16-2016

V&E partners, Matt Jacobs and Jessica Mussallmen will be speaking at the 28th Annual All Hands Meeting in Santa Clara. They will be covering “The DOJ and SEC's New Tough Love Program for Corporations and Executives”. The All Hands Meeting is a unique and multifaceted annual event tailored to the special needs of in-house professionals whose companies rely upon intellectual property.

35th Annual Jay L. Westbrook Bankruptcy Conference 11-16-2016

The Jay L. Westbrook Bankruptcy Conference, now in its 35th year, attracts a national faculty of prominent judges, academics, and practitioners and provides an in-depth focus on current issues and topics in business and consumer bankruptcy.

32nd Annual SEC Reporting & FASB Forum 11-14-2016

The 32nd Annual SEC Reporting & FASB Forum hosted by the The SEC Institute, a division of Practising Law Institute (PLI), will explore the ever-changing world of SEC reporting, accounting, and auditing. On Monday, November 14, V&E partner Paul Tobias will be speaking on a panel entitled, "MD&A, Gearing Up for Year-End Reporting."

Hill International London Masterclass – Delay, Disruption and Construction Contracts 11-03-2016

Nick Henchie, Head of Vinson & Elkins’ International Construction Group, will be speaking at the Hill International Chartered Institute of Building Masterclass titled "Delay, Disruption and Construction Contracts." The event will examine current industry trends, changes to the law and methods of dispute resolution and cover a number of  the most up to date topics, including: How to minimize risks on your projects, Avoiding Disputes, Protecting your reputation when things go wrong and Preparing for hearings.

Harvard Roundtable on Corporate Governance 11-02-2016

The Harvard Roundtable on Corporate Governance will bring together top academics, practitioners and policy-makers for a discussion on current trends and topics in corporate governance. Chris Schmitt, a member of V&E’s Shareholder Activism Response Team, will attend and take part in the roundtable discussion.

PLI’s Tax Strategies for Corporate Acquisitions, Dispositions, Spin-Offs, Joint Ventures, Financings, Reorganizations & Restructurings 11-02-2016

Practicing Law Institute’s (PLI) seminar will focus on the tax issues presented by the entire spectrum of modern major corporate transactions, from relatively simple single-buyer acquisitions of a division or subsidiary to multi-party joint ventures, cross-border mergers, and complex acquisitions of public companies with domestic and foreign operations, including spin-offs and other dispositions of unwanted operations.

2016 Dispute Resolution in the International Oil and Gas Business AIPN and ICDR/AAA 10-27-2016

On Friday, October 28,  James Loftis, head of V&E’s International Dispute Resolution & Arbitration practice, will present on the “Infrastructure Dispute” panel at the Dispute Resolution in the International Oil and Gas Business conference hosted by AIPN and ICDR/AAA. Infrastructure Disputes Oil & gas companies are involved in some of the largest construction projects in the world.

90th Annual National Conference of Bankruptcy Judges 10-26-2016

The 90th Annual National Conference of Bankruptcy Judges will cover a variety of topics, including energy restructurings, chapter 13 exit strategies, and planning intercreditor and forbearance agreements.

Corporate Governance in the New Shareholder Activism Landscape Webinar 10-17-2016

Head of V&E’s Shareholder Activism Response Team Kai Liekefett will be the lead presenter in a webinar entitled “Corporate Governance in the New Shareholder Activism Landscape,” hosted by the Clear Law Institute.

The Texas Journal of Oil, Gas, and Energy Law’s (TJOGEL) Law Firm Career Panel 10-13-2016

V&E partner John B. Connally IV will be speaking as a panelist on TJOGEL's Law Firm Career Panel targeting first-year law students at 4:30 p.m. on Thursday, October 13. John B. serves on the Board of Directors for the TJOGEL.

Sixth Annual Hydraulic Fracturing Symposium 10-05-2016

Please mark your calendars to join Vinson & Elkins for our annual seminar discussing timely topics surrounding unconventional oil and gas development. 

ALM’s 10th Annual Hedge Fund General Counsel and Compliance Officer Summit 09-28-2016

V&E partner Mark Proctor will participate in a panel discussion entitled “Current Terms in Fund Negotiation and Structuring” at ALM’s 10th Annual Hedge Fund General Counsel and Compliance Officer Summit.

Asialaw Asia-Pacific Dispute Resolution Summit 2016 09-27-2016

V&E counsel John Zadkovich will be speaking on the "Enforcement Challenges in the Region" panel at the Asialaw’s Asia-Pacific Dispute Resolution Summit. The summit is dedicated to providing delegates with the latest know-how, trends and developments in dispute management in the region, and to give in-house counsel an insight into dealing with cross-border disputes, enforcement issues, and much more.

2016 Deloitte Oil & Gas Conference 09-21-2016

Partner and head of the Corporate department Keith Fullenweider will participate in a panel discussion entitled “Financing and M&A in the oil and gas industry: Current trends and considerations” at the 2016 Deloitte Oil & Gas Conference.

NACD Global Board Leaders' Summit 2016 09-17-2016

Vinson & Elkins is a sponsor of the National Association of Corporate Directors’ (NACD) annual conference in Washington, which brings together the best and the brightest in corporate governance for three days of dialogue, networking, and cutting-edge insight. This event is crafted to deepen the attendees’ collective understanding of the challenges and opportunities facing boardrooms today and in the future. 

Smarter, Faster, Cheaper Technology Dispute Resolution Conference – Open Forum with Silicon Valley 09-16-2016

The Association of Corporate Counsel (ACC), Silicon Valley Arbitration & Mediation Center (SVAMC), Chartered Institute of Arbitrators (CIArb), American Arbitration Association (AAA) and International Centre for Dispute Resolution (ICDR) have come together to host a one day program bringing together technology dispute resolution experts to discuss litigation and efficient dispute resolution practices. 

New York Stock Exchange Shareholder Engagement Forum 09-14-2016

Kai Liekefett, Head of Vinson & Elkins’ Shareholder Activism Response Team, will speak on a panel entitled “Activist Campaign Dos and Don’ts – Lessons from the Field” at the New York Stock Exchange’s Shareholder Engagement Forum.

Benchmark Women in Litigation Forum - New York 2016 09-12-2016

V&E partner Amy Riella will be participating in a panel discussion entitled “Government Investigations and Regulators” at the Benchmark Women in Litigation Forum in New York. The Forum will encourage a peer-led, collaborative discussion on how to become a better litigator, improve your skills in the ‘business of litigation’ and advance your progression through the ranks.

Board Dynamics in a Restructuring Environment Roundtable 09-09-2016

Chairman Mark Kelly will participate in a panel discussion entitled “Board Dynamics in a Restructuring Environment” during a breakfast hosted by the National Association of Corporate Directors TriCities Texas chapter. NACD is an organization for directors, by directors and provides the information and insights that board members rely upon to confidently navigate business challenges and enhance long-term shareowner value.

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.

First Impressions Post-Ruling in Universal Health v. United States ex rel. Escobar 06-21-2016

V&E appellate partners John Elwood and Jeremy Marwell, and False Claims Act/Qui Tam Litigation partners Craig Margolis and Tirzah Lollar provided first impressions of the U.S. Supreme Court’s ruling in Universal Health v. United States ex rel. Escobar endorsing the implied false certification theory of liability in certain circumstances.

2016 U.S. Pharmaceutical Patent Litigation Seminar 06-14-2016

Vinson & Elkins was invited by the Chinese Pharmaceutical Manufacture and Development Association to speak in Taipei, Taiwan on May 25th, 2016. 

2016 Intellectual Property Symposium in Taiwan 06-10-2016

The Taiwan Intellectual Property Office (TIPO) invited Vinson & Elkins attorneys to speak at its 2016 International Intellectual Property Symposium held in Taipei, Taiwan on May 26th, 2016.

Crisis Planning: Part 2 – The Environmental, Health and Safety Crisis Scenario 06-08-2016

Energy Series Logo - Mini Thumbnail - 50px WideIt’s a dreaded situation – receiving a phone call that there has been an explosion, leak, or major accident at your facility. In the second part of our crisis planning presentations, we focus on the aftermath of a safety or environmental crisis and response tactics that can prove vital in any resulting litigation or government investigation.

Post McClendon Indictment: What Does This Mean For The Oil & Gas Industry? 05-19-2016

Energy Series Logo - Mini Thumbnail - 50px WideThis program focused on examining the Antitrust Division of the U.S. Department of Justice’s renewed shift in focus in domestic cartel investigations, specifically in light of the indictment of former Chesapeake Energy CEO Aubrey McClendon, and directly with respect to the energy industry.

Crisis Planning: Part 1 – The Financial or Business Crisis Scenario 05-11-2016

Energy Series Logo - Mini Thumbnail - 50px WideA sudden financial loss. The loss of a key executive. A business partner turns bad. In the first part of our crisis planning presentations, we concentrate on internal business and financial crisis such as these.

Oil & Gas Distress: Bankruptcy Issues Deep Dive 04-13-2016

Energy Series Logo - Mini Thumbnail - 50px WideThis presentation covers a variety of trending and hot topics in the restructuring and bankruptcy process.

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.

Current Issues in Energy Storage 03-03-2016

Energy Series Logo - Mini Thumbnail - 50px WideIn this program, V&E partner Mike Tomsu and attorney Becky Diffen, who have worked on some of the first and largest storage projects in the country, will discuss current issues affecting the industry.

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.

26th Annual Texas Wetlands Conference 01-29-2016

V&E Environmental & Natural Resources attorneys Taylor Pullins and Brandon Tuck presented at the 26th Annual Texas Wetlands Conference on January 29, 2016. View their presentations here.

What to Expect in 2016: Federal Environmental Outlook For the Oil and Gas Sector 01-21-2016

Energy Series Logo - Mini Thumbnail - 50px WideThe Obama Administration is closing out its second term with a sweeping and aggressive environmental agenda, including a host of regulations and other initiatives affecting the oil and gas sector.

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).

Liability Management Transactions for Debt Securities 12-09-2015

Energy Series Logo - Mini Thumbnail - 50px WideThis program covers the basics of liability management transactions for debt securities, including tender offers, exchange offers, private exchanges, open market purchases and consent solicitations, with particular focus on distressed debt securities.

Managing Through Distress – Considerations for Directors and Officers 11-18-2015

Energy Series Logo - Mini Thumbnail - 50px WideIn this presentation, attorneys from V&E’s Corporate, Bankruptcy and Finance practices provide practical issues to consider as to directors’ and officers’ responsibilities when a company approaches insolvency or becomes insolvent.

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.

IP Issues in Venture Capital and Angel Investing 10-12-2015

IP Series Logo - Mini Thumbnail - 50px WideFor many early stage investments in emerging growth companies and startups — either in the venture capital or angel investing space — intellectual property can play a crucial role in the valuation of these companies.

The Clean Power Plan 09-16-2015

Energy Series Logo - Thumbnail - 125x120V&E panel discusses the recently published Clean Power Plan and its potential impacts on the power and clean energy sectors.

Hostile Takeovers in the Oil & Gas Industry and Beyond 09-09-2015

Energy Series Logo - Mini Thumbnail - 50px WideHistorically, hostile takeovers in the oil and gas industry have been rare. Times have changed, as we have seen several unsolicited and hostile takeover bids in the oil and gas sector in the past year.

ITC Terminates Investigation Under 100-Day Pilot Program For First Time, Finding Music Categorization Claims Patent-Ineligible Under Alice 08-24-2016

V&E IP Insights E-communication, August 24, 2016

In an International Trade Commission (ITC) investigation defended by Vinson & Elkins, Administrative Law Judge David P. Shaw issued a Final Initial Determination (ID) finding that the claims of U.S. Patent No. 6,928,433, directed to a method for the hierarchical organization of music within a portable media player, are not directed to patent-eligible subject matter.

Texas State Court Declines to Recognize Federal Patent Agent Privilege 08-23-2016

V&E IP Insights E-communication, August 23, 2016

On August 17, 2016, the Court of Appeals for the Fifth District of Texas in Dallas (Court) refused mandamus relief from a trial court’s order that compelled the production of communications between a plaintiff inventor and his non-attorney patent agent. 

Antitrust Agencies Propose Facelift to IP Licensing Guidelines 08-18-2016

V&E Antitrust Update E-communication, August 18, 2016

The Federal Trade Commission and the Department of Justice Antitrust Division (the “Agencies”) have announced that they are seeking public views on a set of proposed updates (“Proposed Guidelines”) to the 1995 Antitrust Guidelines for the Licensing of Intellectual Property (the “Guidelines”), which outline the Agencies’ antitrust enforcement policies regarding the licensing of intellectual property protected by patent, copyright, and trade secret laws.

Federal Circuit Affirms Patent-Ineligibility of Data Gathering and Processing Claims 08-15-2016

V&E IP Insights E-communication, August 15, 2016

In a case handled by Vinson & Elkins LLP in both the trial and appellate courts, the Federal Circuit this morning affirmed a judgment of the Southern District of Texas finding claims patent-ineligible under 35 U.S.C. § 101. 

Federal Circuit Limits Reliance on “Common Sense” to Establish Patent Invalidity 08-11-2016

V&E IP Insights E-communication, August 11, 2016

On August 10, 2016, the Federal Circuit clarified the limitations on the use of “common sense” in an obviousness analysis to supply a missing element in a prior art reference. Arendi S.A.R.L. v. Apple Inc., No. 2015-2073 (Fed. Cir. Aug. 10, 2016).

The Federal Trade Commission Takes a Broad View of “Unfairness” in Finding LabMD Violated the Federal Trade Commission Act by Failing to Adopt Reasonable and Appropriate Safeguards of Consumer Health Information 08-11-2016

V&E Cybersecurity and Data Privacy E-communication, August 11, 2016

In an eagerly anticipated decision, the Federal Trade Commission (the “Commission”) unanimously concluded that LabMD, Inc. failed to adopt reasonable and appropriate safeguards to protect consumer health information resulting in the disclosure of such sensitive information.

Now Accepting Applications: The EU – U.S. Privacy Shield Goes Live 08-02-2016

V&E Cybersecurity and Data Privacy E-communication, August 2, 2016

August 1, 2016 marked the first day U.S. companies can self-certify their compliance with EU data privacy laws by filing with the U.S. Department of Commerce under the new Privacy Shield program at www.privacyshield.gov.

Another Brick in the Wall Against Corruption: World Bank Continues to Increase Enforcement Activity 08-01-2016

V&E Foreign Corrupt Practices Act Update E-communication, August 1, 2016

The World Bank’s regulatory arm, the World Bank Office of Suspension and Debarment (OSD) released last week the second edition of its “Report of Functions, Data and Lessons Learned.” Outlining the World Bank’s enforcement efforts to combat fraud and corruption, the report presents a cautionary tale for businesses involved in projects using financing provided by Multilateral Development Banks (MDBs).

Federal Circuit Rejects Burden-Shifting in IPRs Following Institution 07-26-2016

V&E IP Insights E-communication, July 26, 2016

On July 25, 2016, the Federal Circuit rejected a burden-shifting scheme for inter partes reviews (IPRs) that would have required patentees to show that challenged patent claims are not invalid following the institution decision, holding that the burden always remains on the petitioner to prove invalidity.

Ariosa v Sequenom: keeping the Mayo test in place 07-21-2016

First published in Life Sciences Intellectual Property Review, July 21, 2016

Despite the clamour for more guidance on the scope and application of the Mayo test on patent eligibility, the US Supreme Court denied Sequenom’s petition in its dispute with Ariosa, as Stephen Stout and Rachael McClure of Vinson & Elkins explain.

BOEM Issues NTL Imposing More Stringent Financial Assurance Requirements on OCS Lessees for Decommissioning Liabilities 07-20-2016

V&E Environmental Law Update E-communication, July 20, 2016

On July 14, 2016, the federal Bureau of Ocean Energy Management (BOEM) issued a Notice to Lessees and Operators (NTL) conducting oil, natural gas, and sulfur activities on the Outer Continental Shelf (OCS) that overhauls the federal government’s offshore financial assurance program relating to the performance of decommissioning obligations on the OCS.

Federal Circuit (En Banc) Limits Types of Commercial Activities That Can Trigger the “On-Sale” Bar to Patentability, Overruling Inconsistent Prior Precedent 07-13-2016

V&E IP Insights E-communication, July 13, 2016

On July 11, 2016, an en banc panel of the Federal Circuit reversed a previous merits panel decision that had found two patents invalid under the on-sale bar of 35 U.S.C. § 102(b).

Shields Up: New Privacy Shield Available for Transatlantic Data Transfers 07-12-2016

V&E Cybersecurity and Data Privacy E-communication, July 12, 2016

The European Commission announced on July 12, 2016, that it has formally adopted the EU-U.S. Privacy Shield. 

Government’s ‘Victory’ in Escobar Is Actually a Win for FCA Defendants 07-01-2016

First published in Corporate Counsel, July 1, 2016

The U.S. Supreme Court decision in Universal Health Services Inc. v. United States ex rel. Escobar on June 16 held that the implied false certification theory can be a basis for False Claims Act liability. Although the decision expanded the scope of potential FCA liability in circuits that had not yet embraced the implied false certification theory of liability, the claim of victory by the government and relators’ bar may ultimately prove empty.

Temple-Inland Decision to Impact Future Unclaimed Property Audits 06-30-2016

V&E Commercial & Business Litigation Update E-communication, June 30, 2016

On June 28, 2016, the United States District Court for the District of Delaware ruled on cross-motions for summary judgment in Temple-Inland, Inc. v. Cook, No. 14-654-GMS, a case in which Temple-Inland challenged the constitutionality of Delaware’s audit of Temple-Inland’s unclaimed property reporting. 

Because $3 Billion in False Claims Act Recoveries This Year Just Isn’t Enough, DOJ Doubles Maximum FCA Penalties to $21,563 Per Claim 06-30-2016

V&E False Claims Act Update E-communication, June 30, 2016

By our count, the Department of Justice (DOJ) has reported more than $3.2 billion in False Claims Act (FCA) recoveries so far this fiscal year, already approaching the $3.5 billion in FCA recoveries DOJ reported for all of last year. As we predicted, these substantial recoveries are set to grow with DOJ’s issuing regulations nearly doubling FCA penalties.

President Obama Signs New Pipeline Safety Law 06-29-2016

V&E Environmental Law Update E-communication, June 29, 2016

On June 22, 2016, President Obama signed new pipeline safety legislation, the “Protecting Our Infrastructure of Pipelines and Enhancing Safety Act of 2016” (the PIPES Act), just recently passed by Congress. 

FCPA Settlement Foreshadows Potential Impact of Recent DOJ Guidance 06-27-2016

V&E Foreign Corrupt Practices Act Update E-communication, June 27, 2016

Over the past year, the U.S. Department of Justice (“DOJ” or “Department”) has released several new directives in an effort to enhance the Department’s ability to effectively enforce the U.S. Foreign Corrupt Practices Act of 1977, as amended (“FCPA”). 

BREXIT: Key Questions and Answers 06-27-2016

BREXIT Update, June 24, 2016

1.1 This note does not cover the potential political and/or economic impact that the No vote will have on 23 June and does not seek to make any predictions as to the anticipated business environment in the context of a Brexit economy.

Landmark TSCA Reform Legislation Enhances Regulatory Consistency, Expands EPA Authority 06-23-2016

V&E Environmental Law Update E-communication, June 23, 2016

On June 22, 2016, President Obama signed into law legislation overhauling the Toxic Substances Control Act (TSCA).

Being Quiet as a Mouse Keeps the Cat’s Paw Away 08-25-2016

Labor & Employment Blog

When a company is going through the process of identifying employees who may be included in a reduction in force, upper management should think twice about letting front line supervisors know about the reduction in force, especially if those supervisors’ performance evaluations may be used to determine which employees will be terminated. 

False Claims Act Stats: With $3.2 Billion Already This Year, DOJ Likely to Match Last Year’s False Claims Act Take 08-25-2016

Lincoln's Law Blog

By our count, so far this DOJ fiscal year, DOJ has raked in at least $3.2 billion in FCA recoveries, pulling in an average of $298 million per month. If the next month's DOJ recoveries continue on pace with the past eleven, DOJ is on track to hit about $3.6 billion in settlements for the fiscal year. That would mean DOJ would match last year’s nearly $3.6 billion take.

Welcome 08-24-2016

Lincoln's Law Blog

Welcome to Lincoln’s Law Blog (LLB), offering (if we have succeeded) practically everything you wanted to know about the False Claims Act, the Civil War-era statute that has become the government’s primary civil fraud enforcement tool. 

Lincoln’s Law or Informer’s Act: Either Way It’s “Setting a Rogue to Catch a Rogue” 08-24-2016

Lincoln's Law Blog

Given the title of our blog, LLB thought at launch to include a little analysis of how the False Claims Act became known as “Lincoln’s Law.” We find that relators, in particular, wrap the FCA in the mantle of our Sixteenth President when crusading against purported fraud in government contracts.

False Claims Act Stats: Top Five False Claims Act Payouts This Year So Far By DOJ Industry 08-23-2016

Lincoln's Law Blog

As we approach September and DOJ Fiscal Year 2016 starts to wind down, we look at the top DOJ recoveries this year so far, broken down by DOJ’s three industry categories: health care, defense, and other industries. Without further ado:

IRS Confirms that Partners Are Not Employees 08-23-2016

Labor & Employment Blog

The Internal Revenue Service recently issued guidance confirming its position that an individual cannot be treated as both an employee and a partner of the same entity (sometimes referred to as the “dual status” position). This guidance clarifies that employees of partnerships and certain limited liability companies (and, in some cases, their subsidiaries) who receive equity interests in their employer cease to be treated as employees for tax and benefit plan purposes, regardless of how small of an interest they receive and whether or not they have any management responsibility.

Additional Legal Challenges to EPA’s New Methane Emissions Regulations 08-18-2016

Climate Change Blog

Legal challenges to EPA’s recently finalized methane and VOC emissions regulations for the oil and gas sector (“Quad Oa”) continue to gain traction as additional states and affected industry groups file suit. On August 2, 2016, a coalition of 14 states and a collection of oil and gas industry groups each filed petitions asking the U.S. Court of Appeals for the D.C. Circuit to review the new standards.

Winter Has Come Early for Employers in Canada 08-18-2016

Labor & Employment Blog

Employers in Canada not only have to deal with harsher winters than their southern neighbors, but they also have to contend with a Supreme Court that consistently expands the rights of employees, as it recently did when it decided that employers subject to “federal” Canadian law cannot discharge employees, even non-union employees, without cause after those employees have been employed for 12 consecutive months.

Secondment Agreements – Whose Liability Is It, Anyway? 08-16-2016

Labor & Employment Blog

Seconding, generally speaking, means detaching someone from his or her regular organization for temporary assignment elsewhere. Secondment arrangements are used in many different situations. For example, companies might second staff to their customers or clients on a secondment basis for a period of time (typically between three and twelve months) to work within the client’s organization.

Non-Compete Considerations When Hiring Executives 08-11-2016

Labor & Employment Blog

When looking to hire a new employee or management team, hiring companies should consider any obligations a new employee may have to his or her prior employer. Jacob Ecker walks through some of the steps a company may take when managing non-compete and restrictive covenant agreements with new hires to ensure confidential and trade secret information is protected.

CEQ Issues Final Guidance on How Federal Agencies Should Assess Climate Change Under NEPA: What Has Changed? 08-10-2016

Climate Change Blog

On August 2, 2016, the Council on Environmental Quality (“CEQ”) released guidance on the assessment of climate change impacts under the National Environmental Policy Act (“NEPA”) (“the Guidance”). The Guidance is the culmination of a long process: the Obama Administration first proposed draft NEPA climate change guidance in 2010, and published subsequent draft guidance in 2014, before taking action to issue the final Guidance.

Now That the White House Weighs in on the Non-Compete Debate, Where Do We Go from Here? 08-09-2016

Labor & Employment Blogs

Proponents of non-compete agreements have long argued that they encourage economic growth. After all, why would you invest in developing new technologies and training new employees if they could learn the tricks of your trade, meet your customers and then leave for a competitor? Opponents of non-compete agreements take the opposite approach.

The Equal Employment Opportunity Commission Has Come Around to Employer-Sponsored Wellness Plans – Sort of 08-05-2016

Labor & Employment Blog

The Obama Administration has touted the use of wellness programs through the Affordable Care Act (Obamacare) and regulations under the Health Insurance Portability and Accountability Act (“HIPAA”). 

Up in the Air: EPA Issues Aircraft GHG Endangerment Finding 08-03-2016

Climate Change Blog

On July 25, the U.S. Environmental Protection Agency (EPA) issued its endangerment and cause or contribute finding that six greenhouses gases (GHGs) (carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride) in the atmosphere endanger the public health and welfare and that GHG emissions from aircraft contribute to this air pollution. EPA first proposed the endangerment finding back in July 2015.

Are You Fully Covered by Your Worker’s Compensation Insurance? 08-02-2016

Labor & Employment Blog

Workers’ compensation insurance 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. 

The Risks of “Staying Connected” with Your Non-Exempt Employees After Work 07-28-2016

Labor & Employment Blog

The great blessing (and curse) of modern technology is that it allows us to leave the office at a reasonable hour and work from the comfort of our homes. Today, thanks to mobile devices, I am able fine tune my cross-examination for next week’s trial on my laptop or research some other state’s non-compete law on my tablet while sitting on my porch. I can also provide some last minute advice — via smartphone — to my client, who is worried about an OSHA inspector who will be visiting his facility in the morning. 

EPA Finalizes Rule on Methane for New and Existing Landfills That Could Have Broader Implications for Climate Regulations Under the Clean Air Act 07-27-2016

Climate Change Blog

As part of the Obama Administration’s Climate Action Plan and methane strategy, the U.S. Environmental Protection Agency finalized a package of rules on July 14, 2016, to reduce methane emissions at new and existing landfills. In a public statement, EPA noted that municipal solid waste landfills are the second-largest industrial source of methane emissions in the United States. EPA is regulating methane because it is considered a potent greenhouse gas (“GHG”). The rules, therefore, aim to cut methane (and other gases) from landfills by lowering the emissions threshold at which landfills must install pollution controls by roughly a third.

Jurisdictional Considerations in Cross-Border Transactions 07-26-2016

Labor & Employment Blog

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

Texas/New Mexico Water Fight May Make It to the U.S. Supreme Court 07-22-2016

Water Blog

The longstanding dispute between Texas and New Mexico with regard to water apportionment from the Rio Grande might make it to the Supreme Court after all. Approximately three and a half years ago, Texas filed a complaint in the U.S. Supreme Court alleging that New Mexico was taking too much water from the Rio Grande in violation of the Rio Grande Compact and the Rio Grande Project Act, which allegedly allocate the Rio Grande water among the three parties.

The Other Shoe Drops – First New Regulations, Now More Enforcement 07-21-2016

Labor & Employment Blog

The current administration in Washington has added a number of new employment-related requirements for federal government contractors during the past three years. (The president can implement such changes by executive order without needing the approval of Congress.) Now that regulations are in place, the government is taking a more aggressive position on enforcement of the new and previously existing requirements for government contractors.

Kayo Conference: Perspectives on the Impact of the Recent Drop in Commodity Prices 08-01-2016

V&E senior associate Brittany Sakowitz shares perspectives on the impact of the drop in commodity prices on companies and investors involved in the energy industry.

Shareholder Activism and Government Regulation in Public M&A 07-19-2016

V&E partner Kai Liekefett speaks to The Street about the involvement of activist investors and government regulation in public M&A.

An Illustration of Nationality Planning 07-08-2016

When making a significant investment in a new jurisdiction, companies should consider nationality planning, or investment treaty protection, as a tool to help protect against political risk.

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. 

Safety Minute: Environmental Considerations when Acquiring Distressed Assets 06-14-2016

What should companies look for when looking to acquire distressed assets in a down market environment? Brandon Tuck, member of V&E’s Environmental & Natural Resources practice, highlights components of due diligence reviews prior to engaging in a transaction that can help protect against unwanted environmental risk.

Safety Minute: Managing Environmental Programs in a Down Market 06-14-2016

There are certain environmental issues companies should consider before downsizing environmental and safety programs.

Brandon Tuck, member of V&E’s Environmental & Natural Resources Practice, talks through several items companies should consider when trying to manage costs in a down market. 


Safety Minute: Safety Considerations When Downsizing 06-14-2016

Tom Wilson, head of V&E’s OSHA practice, highlights the importance of cross referencing emergency response plan documents when considering downsizing operations and conducting layoffs.

Understanding the Impact of Public International Law 06-06-2016

Public international law, while abstract, does have meaning for international businesses. George Burn, a partner in V&E’s International Dispute Resolution & Arbitration practice, explains public international law and some key areas of commercial application – specifically regarding borders (both maritime and territorial) and the authority of international organizations, such as INTERPOL.

Enforcing International Law – A Powerful Tool for Investors 06-06-2016

George Burn, a partner in V&E’s International Dispute Resolution & Arbitration practice, explains the development of international law’s enforcement mechanism – investor-state arbitration.

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.

V&E Safety Minute: Internal Audits 04-07-2016

Conducting an internal safety audit to determine areas of potential risk is a common practice for businesses in various industries. Christopher Bacon, member of the Employment, Labor & OSHA practice and Emergency Response and Crisis Management Team, addresses internal safety audits and what should be done with the findings.

V&E Safety Minute: Document Requests 04-06-2016

How should companies manage and respond to document requests and subpoenas from the government following a workplace accident or emergency? Taylor Pullins, member of the Environmental and Regulatory practice and Emergency Response and Crisis Management Team, shares his experience overseeing document requests and things to consider when structuring a response protocol. 

Lifting of “Secondary” Iranian Sanctions 04-05-2016

Dan Gerkin, a counsel in V&E’s Export Controls & Economic Sanctions practice, discusses the January 16, 2016 implementation of the Joint Comprehensive Plan of Action, which saw the United States lift its nuclear-related “secondary” sanctions targeting Iran, and addresses continuing compliance risks for U.S. and non-U.S. companies alike.

V&E Safety Minute: An Introduction 04-05-2016

V&E’s Emergency Response and Crisis Management team has decades of experience managing crisis situations and scenarios, particularly for clients in the chemical, energy, heavy manufacturing, and industrial sectors.

Energy Outlook: Investing in Argentina 03-31-2016

Boyd Carano, chair of V&E’s Latin America practice, describes Argentina’s strong natural resource potential and the political climate that makes it particularly attractive to investors. 

Texas Advances in Renewable Power and the Challenges Ahead 03-01-2016

V&E energy regulation partner Barry Smitherman, discusses the advances that Texas has made in renewable power and the challenges ahead.

Political Volatility in the Middle East 03-01-2016

V&E partner James Loftis, head of the International Dispute Resolution & Arbitration practice, talks with Raad Alkadiri of IHS about political volatility in the Middle East and what the future may hold for Iraq.

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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