2009 Texas Legislative Update on Healthcare
06/24/2009
2009 Texas Legislative Update on Healthcare, June 24, 2009
Governor Perry vetoed 38 bills and resolutions, including two bills that would have had significant impact on the delivery of healthcare in rural areas and on college campuses.
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Dallas Business Journal Named V&E Partner Veronica Lewis to Top Business Lawyers in the DFW Metroplex 2009
06/22/2009
June 22, 2009 - The Dallas Business Journal has named Vinson & Elkins Litigation Partner Veronica Lewis to Top Business Lawyers in the DFW Metroplex 2009.
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Increased Regulatory Scrutiny of Coal Mining in Appalachia Announced by Obama Administration
06/18/2009
V&E Environmental News E-Communication, June 18, 2009
On Thursday, June 11, 2009, the White House Council on Environmental Quality (CEQ) announced a Memorandum of Understanding (MOU) among the Environmental Protection Agency (EPA), Department of Interior (DOI), and the U.S. Army Corps of Engineers (Corps) concerning the permitting and regulation of coal mines in Appalachia.
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Department of Energy Funding Opportunities for Clean Energy – Updated
06/16/2009
Energy Currents E-communication, Updated June 16, 2009
This memorandum briefly summarizes funding opportunities for “clean energy” projects (which we have defined broadly to include projects like smart grid technology and carbon sequestration) available from the U.S. Department of Energy (DOE).
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Russian Joint Stock Companies Law Finally Recognizes Shareholders' Agreements
06/16/2009
V&E Russia/CIS Legal Update E-communication, June 16, 2009
The relatively young Russian corporate legislation has always failed to recognize one of the most popular instruments used by investors to regulate their relations with respect to managing their joint ventures — the shareholders’ agreement. While Russian law generally supports the principle of freedom of contract, the enforcement of shareholders’ agreements in Russia has proved to be highly improbable.
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Eleventh Circuit Upholds EPA's Water Transfer Exemption from NPDES Permit Program
06/15/2009
V&E Environmental Law E-communication, June 15, 2009
Environmental Protection Agency’s Water Transfers Rule passed its first test of judicial review in the longstanding saga regarding Clean Water Act permit requirements applicable to interbasin water transfers in the Florida Everglades.
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Inside The Minds: Managing Construction Litigation — Leading Lawyers on Organizing Documentation, Developing a Case Strategy, and Overcoming Common Challenges
06/12/2009
©2009 Thomson Reuters/Aspatore. Reprinted with permission.
Litigation arises in the context of construction projects for a broad range of reasons.
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Health Watch: 81st Texas Legislature, Week 21
06/08/2009
V&E Health Law E-communication, June 08, 2009
Politics aside, the session was hijacked by high jinks during the home stretch in both houses. The failure of legislation that would reauthorize the Texas Department of Insurance (and other state agencies) left many wondering if legislators would be quickly called back to Austin for a special session. However, the Governor is reportedly looking for a way to keep the agencies operating without reconvening law makers.
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CAFA Trumps Securities Act's Non-removability Provision — Or Does It?
06/02/2009
First published in Law360, www.securitieslaw360.com.
There is a split in authority in the circuit courts over whether class actions filed under the Securities Act of 1933 (Securities Act) may be removed from state to federal court under the Class Action Fairness Act of 2005 (CAFA).
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Health Watch: 81st Texas Legislature, Week 20
06/01/2009
V&E Health Law E-communication, June 01, 2009
The Memorial Day weekend began with several Democratic members of the House employing a rules tactic to prolong discussion of bills on the Local and Consent calendar – turning a process that should have taken a few hours into a five-day event.
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Going Green: The UAE's Renewable Energy Commitment in the Global Context
05/29/2009
First published in The Brief, April 2009
The UAE is making all the right noises about renewable energy, but how does the region's commitment translate in practice and how much of an impact will its schemes have on a global scale?
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New Requirements for Carbon Capture Readiness of Coal-Fired Electricity Generating Stations
05/28/2009
Energy Update E-communication, May 28, 2009
S36 Electricity Act 1989 as amended is the principal consent required for the construction or operation in Great Britain of an electricity generating station of a capacity of more than 50 MW, or an extension of capacity of an existing generating station such that the 50 MW threshold is exceeded.
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Often Overlooked, ESOPS Are a Valuable Financing Vehicle in Today's Market
05/28/2009
Employee Benefits and Executive Compensation E-communication, May 28, 2009
An employee stock ownership plan (ESOP) is traditionally thought of as a way to fund the employees’ buyout of a portion of a company while at the same time conferring a benefit to them (after all, an ESOP is first and foremost an employee benefit plan). Typically, in such a scenario, the company designs and adopts an ESOP, the overall structure of the ESOP loan transaction is developed, the financing is arranged, and an independent professional valuation of the company’s shares involved in the transaction is obtained.
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Congress Considers Legislation to Limit “Reverse Payment” Settlements in Pharmaceutical Patent Litigation
05/26/2009
First appeared in
V&E Antitrust News & Notes, April 2009
.
In 1984, Congress passed the Drug Price Competition and Patent Term Extension Act,22 commonly known as the Hatch-Waxman Act (the Act). The Act encourages competition between manufacturers of innovator drugs and generic versions of those drugs by streamlining the generic drug application process required by the Food and Drug Administration.
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Congress is Considering Eliminating Antitrust Exemptions for the Insurance Industry
05/26/2009
First published in
V&E Antitrust News & Notes, April 2009
.
Legislation has been introduced into the House of Representatives that would, if passed, amend the current antitrust exemption enjoyed by providers of retail insurance under the McCarran-Ferguson Act.
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Health Watch: 81st Texas Legislature, Week 19
05/25/2009
V&E Health Law E-communication, May 25, 2009
Upon the arrival of the final week of session, 50 of the over 700 healthcare bills we are tracking have finally passed, with many more in line for final consideration by legislators.
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中国商务部禁止可口可乐收购汇源
05/21/2009
吉 芸 李 舸
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China’s Ministry of Commerce Blocks Coca-Cola’s Acquisition of Huiyuan
05/19/2009
First published in V&E Antitrust News and Notes, April 2009.
On March 18, 2009, the Ministry of Commerce of the People’s Republic of China (MOFCOM) released MOFCOM Announcement No. 22 [2009] denying approval to the acquisition by The Coca-Cola Company of Huiyuan Fruit Juice Company (Huiyuan) (the Proposed Concentration) in accordance with the Anti-monopoly Law of the People’s Republic of China.
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Health Watch: 81st Texas Legislature, Week 18
05/18/2009
V&E Health Law E-communication, May 18, 2009
Legislators rushed to beat looming deadlines for moving bills through the process, but were brought to a standstill when one of their colleagues suffered a heart attack late one evening while the House was in session. At the time of this writing, Representative Edmund Kuempel was hospitalized and in a medically-induced coma. Representative John Zerwas, M.D., has been credited with saving his life.
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Obama Appoints New Antitrust Leaders
05/12/2009
First published in V&E Antitrust News and Notes, April 2009.
Within his first 100 days in office, President Obama chose new leaders for the Federal Trade Commission (the FTC) and the Antitrust Division of the Department of Justice (the Division or DOJ), including Jon Leibowitz as the new Chairman of the FTC and Christine Varney to be the Assistant Attorney General for the Division.
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Litigation News, Spring 2009
05/11/2009
In this issue: The $10 billion Huntsman litigation, CAFA trumps Securities Act's non-removability provision (or does it?) – and more.
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Health Watch: 81st Texas Legislature, Week 17
05/11/2009
V&E Health Law E-communication, May 11, 2009
Medicaid caseload projections are being blamed for a rift in budget negotiations, with some conferees asserting that they must find an additional $1 billion to address anticipated need. In the 17th week of session, several Senators requested in writing an explanation for the disparate Medicaid caseload projections provided by the Health and Human Services Commission and the Legislative Budget Board, even though it is typical for them to provide different estimates.
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Russia: Foreign Investment in the Oil and Gas Sector
05/08/2009
Article first published in The China Dealmaker, April 2009
By
Natalya Morozova
,
Rob Patterson
, and
David Blumental
For a number of years, Chinese energy companies have showed great interest in acquiring oil and gas assets in the Russian Federation, in order to secure a stable supply of hydrocarbons to support China’s growing economy. Such attempts have largely proved unsuccessful,with only a few proposed acquisitions reaching succes s ful completion.
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FTC Issues Revised Rules Regulating Market Manipulation in the Petroleum Industry
05/06/2009
Legal Update E-Communication, May 6, 2009
On April 16, 2009, the Federal Trade Commission (FTC) issued a Revised Notice of Proposed Rulemaking (RNPRM) seeking comment on a proposed rule that would prohibit market manipulation in the petroleum industry. The FTC is authorized to issue rules regulating manipulative and deceptive conduct made in connection with the wholesale purchase or sale of covered petroleum products pursuant to Section 811 of Subtitle B of Title VIII of The Energy Independence and Security Act of 2007 (EISA).
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Antitrust News & Notes
05/04/2009
May 2009
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HIPAA Headlines Issue No. HH155
05/01/2009
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Health Watch: 81st Texas Legislature, Week 16
05/01/2009
V&E Health Law E-Communication, May 1, 2009
As the final month of session arrives, deals are being made and compromises accepted. The budget conferees have been named — one of the ten members is a physician — and will begin hashing out appropriation decisions in the coming days.
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Corporate Counsel's Guide to Doing Business in Russia, 2d., Ch. 12, "Corporate Legislation"
04/28/2009
©2009 Thomson Reuters. Reprinted with permission.
Russian legislation governing the operation of economic entities is relatively new. As is the case in other transitional economies, Russia's state and business community have yet to create an institutional and legal framework for a fully fledged corporate governance system, however current legislation already reflects most generally accepted principles of corporate governance.
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Corporate Counsel's Guide to Doing Business in Russia 2d., Ch. 20, "Subsoil Law"
04/28/2009
©2009
Thomson Reuters
. Reprinted with permission.
This chapter provides an overview of the relevant Russian laws pertaining to the use of natural resources, in particular the "Subsoil Law." The bulk of the currently effective laws governing the use of subsoil emerged around 1995 and has been evolving since then. Many key laws in this area, especially the Subsoil Law, have continuously undergone significant changes.
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ERISA Stock Drop and Plan Expenses Litigation - Fiduciary Risks and Risk Reduction Opportunities
04/28/2009
V&E ERISA Litigation Update E-Communication, April 28, 2009
In today’s economic climate, thousands of companies have watched the value of their stock plummet. Companies with employer stock in their 401(k) plans have an additional concern.
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Five Steps to Improve Municipal Market Regulation
04/28/2009
First published in The Bond Buyer, Monday, April 13, 2009
Congress is now hard at work on what some believe will be a fundamental restructuring of the framework for financial market regulation. New Securities and Exchange Commission chairman Mary Schapiro, former SEC chairs Arthur Levitt and Richard Breeden, the leaders of the Municipal Securities Rulemaking Board , FINRA, leading experts in securities law, and various interest groups have all testified recently as to changes they believe are needed, including in some instances greater regulation of the municipal bond market.
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FTC Begins Enforcing Red Flags Rule on May 1, 2009
04/27/2009
V&E Litigation E-communication, April 27, 2009
The Red Flags Rule was developed by the Federal Trade Commission (FTC), the federal bank regulatory agencies, and the National Credit Union Administration pursuant to the Fair and Accurate Credit Transactions Act of 2003.
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Health Watch: 81st Texas Legislature, Week 15
04/27/2009
V&E Health Law E-Communication, April 27, 2009
With just five weeks of the regular session remaining, the pace has quickened as legislators work to move their priority bills through the process. Floor calendars in the House and Senate are backlogged. At this stage, 100 of the healthcare bills we are tracking have passed the first chamber and have a good chance of making it to the Governor’s desk.
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Delaware General Corporation Law Amended to Protect Director and Officer Indemnification Rights
04/24/2009
V&E Legal Update E-communication, April 24, 2009
On April 10, 2009, the Delaware General Corporation Law was amended to, among other things, provide that rights to indemnification or advancement of expenses set forth in a corporation's charter or bylaws may not be eliminated or impaired by an amendment after the occurrence of the underlying act or omission unless the provision in effect at the time of such act or omission explicitly authorizes such elimination or impairment after the occurrence of such act or omission. The amendment, which is effective August 1, 2009, is set forth in a new sentence at the end of Section 145(f) of the Delaware General Corporation Law.
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Russia: Further Detail on the New Laws Restricting Foreign Investment in Subsoil Rights
04/24/2009
V&E Russia/CIS Legal Update E-communication, April 24, 2009
The recently adopted Russian Strategic Industries Law significantly restricts the rights of foreign companies and Russian companies with any foreign investment, regardless of the size of such investment (other than the state-controlled companies such as Gazprom and Rosneft), to what are described as “subsoil blocks of federal significance.”
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Health Watch: 81st Texas Legislature, Week 14
04/21/2009
V&E Health Law E-Communication, April 21, 2009
In the 14th week of session, House members unanimously passed a budget after putting in an 18-hour day, considering a record number of amendments, and setting aside overtly partisan efforts. The bill now goes to a conference committee to sort out differences with the Senate, where measures to expand Medicaid managed care, increase nursing faculty, improve trauma care funding, and ban use of state funds for embryonic stem cell research are still on the table.
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DOE Announces Grant Programs for Smart Grid Technology
04/20/2009
V&E Energy Currents E-communication, April 20, 2009
On April 16, 2009, the U.S. Department of Energy (DOE) announced plans to implement two programs to spur investment in smart grid technology, Phasor Measurement Unit (PMU) technology, and energy storage technology.
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Dos and Don’ts of Jointly Representing a Corporation and Its Employee
04/17/2009
V&E Securities Litigation E-communication, April 17, 2009
Earlier this week, The Wall Street Journal reported on a decision from the United States District Court for the Central District of California that provides a valuable lesson to attorneys who both conduct internal investigations for companies and also defend those companies and their officers in related securities and derivative lawsuits.
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V&E Publishes Guide to Waxman-Markey Discussion Draft of Major New U.S. Energy and Climate Bill
04/15/2009
Climate Change Law E-Communication, April 15, 2009
On March 31, 2009, Representatives Henry Waxman (D-CA) and Edward Markey (D-MA), introduced a 648 page "Discussion Draft" of a major energy and climate bill. The draft legislation, captioned the American Clean Energy and Security Act of 2009 (ACESA), is a complex and interrelated proposal that would mandate several far-reaching changes to the energy and other sectors of the economy.
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Health Watch: 81st Texas Legislature, Week 13
04/13/2009
V&E Health Law Communication - April 13, 2009
Working Timeline under American Recovery and Reinvestment Act of 2009
For members of the Texas Legislative Compliance Group, a working timeline has been posted to the extranet that includes important dates and deadlines related to implementation of the American Recovery and Reinvestment Act of 2009 (ARRA).
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Health Watch: 81st Texas Legislature, Week 12
04/06/2009
V&E Health Law E-Communication - April 6, 2009
Legislators in Austin were busy in the 12th week of session, moving bills that would significantly alter the way healthcare is delivered and accessed. The Senate sent its budget bill to the House, containing a provision that would expand Medicaid managed care and could cost hospitals and counties millions.
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HIPAA Headlines Issue No. HH154
04/03/2009
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Stimulus Act Insights
04/03/2009
V&E presents Stimulus Act Insights, a new site devoted to information about The American Recovery and Reinvestment Act of 2009.
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Delaware Supreme Court Reverses Chancery in Lyondell
04/02/2009
V&E Legal Update E-Communication, April 2, 2009
Last week, the Delaware Supreme Court, in a decision sure to elicit a sigh of relief in many boardrooms, reversed the Delaware Chancery Court’s controversial opinion in Ryan v. Lyondell. In July, the Court of Chancery declined to grant summary judgment on the issue of whether arguable shortcomings on the part of disinterested, independent directors could be breaches of their fiduciary duty of loyalty, a breach of which could result in personal liability for the directors.
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Recent Regulatory Actions Perpetuate Uncertainty Concerning Section 404 Permits for Mining Activities
04/01/2009
Environmental Law E-Communication, April 1, 2009
Apparently contradictory actions by federal regulators during the week of March 23 have created confusion within the mining community about whether critical permits under Section 404 of the Clean Water Act can be obtained, particularly in a timely fashion, for new and ongoing mining operations in Appalachian states.
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Summary of Proposed EPA Reporting Rule on Greenhouse Gas (GHG) Emissions and Potential Transactional Considerations
04/01/2009
V&E Climate Change Program, April 1, 2009
On March 10, 2009, the EPA released the text of a proposed rule to establish annual reporting obligations, beginning in 2010, for large emitters of greenhouse gases (GHGs) and many suppliers of fossil fuels. The rule is intended to provide the factual basis for a new national GHG registry which, in turn, is expected to underpin a comprehensive future regime to regulate GHG emissions, probably using a cap-and-trade program.
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Health Watch: 81st Texas Legislature, Week 11
03/31/2009
V&E Health Law E-Communication, March 31, 2009
In the 11th week of session, the Senate Finance Committee adopted a budget rider that puts millions in Medicaid cost-savings on the backs of hospitals and counties by expanding managed care to rural areas of the state — thereby limiting federal dollars that currently flow to hospitals that treat the uninsured — as well as a measure to further discount reimbursement rates for out-of-network providers.
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So What's Your Excuse? An Analysis of Force Majeure Claims
03/27/2009
First published in the Texas Journal of Oil, Gas, and Energy Law, Vol. 2., Issue 1
It is well settled in the common law that if a party to a contract does not perform its obligations under the contract, the other party may seek damages or another appropriate remedy.
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State of the Firm Letter, March 26, 2009
03/26/2009
Text of 2009 State of the Firm Letter sent by V&E managing partner Joe Dilg to Clients and Friends
As we strive to continually add value for our clients in these globally challenging times, we are again reminded how fortunate we are to have sustained and deep relationships with our friends and clients. On behalf of everyone at Vinson & Elkins, I thank you for your ongoing support and am pleased to share some information about the firm’s recent activities.
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Managing the Ongoing Antitrust Risks in Joint Ventures and Partial Ownerships
03/25/2009
First Published in The Antitrust Counselor (ABA Antitrust Section, Chicago, IL), Sept. 2008
In today's global economy the use of joint ventures and partial ownerships is quite common. While these business structures may enable parties to obtain cost savings, a broader economic reach or economies of scale, or to access capital or expertise, these collaborations may also create antitrust risks.
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Health Watch: 81st Texas Legislature, Week 10
03/25/2009
V&E Health Law E-Communication – March 25, 2009
As we reach the midpoint of session, a record number of bills have been filed.
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Another Nail in the Coffin of Anti-suit Injunctions in Europe
03/17/2009
International Dispute Resolution E-Communication, March 17, 2009
The dust has not yet settled on the ECJ’s ground-breaking decision in Allianz SpA v. West Tankers Inc (Case C -185/07) and it has already been applied by the English High Court in DHL GBS (UK) Ltd Fallimento Finmatica SpA [2009] EWHC 291. Arbitration experts and practitioners alike have been left in little doubt as to the message that these two decisions convey; namely the death of anti-suit injunctions within Europe.
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Stimulus Bulletin: Show Me the Money!
What Texas Providers Should Know About the Stimulus Funding
03/17/2009
V&E Health Law E-Communication, March 17, 2009
The stimulus legislation, known as the American Recovery and Reinvestment Act of 2009 (ARRA), contains funding opportunities for healthcare providers amounting to $150 billion over the next 10 years. Texas providers need to know the requirements and deadlines for the bill’s provisions so they can act quickly to qualify for stimulus funding.
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Progress Report: Top 5 Texas Initiatives and Federal Stimulus Funding Opportunities
03/17/2009
V&E Health Law E-Communication - March 17, 2009
Vinson & Elkins' Top 5 Picks accurately predicted the prevailing topics addressed in healthcare-related legislation filed this session, with many priority bills submitted in the final week before the 60th day filing deadline. As forecast in our pre-session report, the omnibus Medicaid reform bill, SB 7, includes new uncompensated care cost and adverse event reporting requirements for hospitals, HIT implementation, denial of payment for never events, and pay-for-performance pilots.
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Manifest Disregard: Manifestly Abandoned?
03/12/2009
V&E International Dispute Resolution E-communication, March 12, 2009
Last week, the U.S. court of Appeals for the Fifth Circuit issued an opinion holding that "manifest disregard of the law as an independent, nonstatutory ground for setting aside an award must be abandoned and rejected." Citigroup Global Mkts. Inc. v. Debra M. Bacon, No. 07-20670, slip op. at 15 (5th Cir. March 5, 2009) (opinion available at 2009 WL 542780). While the court’s decision should eliminate "manifest disregard" as an independent ground for vacatur, the court’s commentary on the post-Hall Street jurisprudence in other Circuits leaves some doubt as to how conclusively the court has rejected manifest disregard.
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EPA Proposes First Economy-wide GHG Reporting Rule
03/10/2009
V&E Environmental Law E-communication, March 10, 2009
On March 10, the U.S. Environmental Protection Agency (EPA) released the text of a proposed rule that, for the first time, would establish comprehensive economy-wide annual reporting requirements from 2010 onward for parties that either emit greenhouse gases (GHGs) or produce or import fossil fuels or industrial GHGs (such as fluorocarbons).
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Progress Report: 81st Texas Legislature, Week 8
03/09/2009
V&E Health Law E-Communication, March 9, 2009
Numerous healthcare bills were debated in various committees this week, including measures to establish a medical school in the Rio Grande Valley region, change the state’s commissioner of insurance to an elected position rather than a governor’s appointee, require staffing and overtime protections for nurses, strengthen regulation of tissue transplantation and procurement companies, and expedite credentialing of physicians by managed care plans.
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HIPAA Headlines Issue No. HH153
03/06/2009
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Chamber Global 2009: Energy Overview
03/04/2009
Article First Appeared in Chambers Global, 2009
by Alex Msimang
There may never have been a more active, or a more volatile, time for the world’s energy markets. Oil prices, climate change, international conflict and turmoil in the credit markets have all combined to create new opportunities and challenges for the world’s energy companies.
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New American Investment Rules Do Not Increase Hostility Towards Chinese Investment
03/03/2009
First published in The China Dealmaker, February 2009
In late 2008, the United States Department of the Treasury released new regulations on U.S. Government review of foreign investment in the United States. These regulations set out the process by which the Committee on Foreign Investment in the United States (CFIUS) reviews transactions which would result in foreign ownership of U.S. businesses.
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Supreme Court Bars Price-Squeeze Claims in Linkline Ruling
03/02/2009
Antitrust E-Communication, March 2, 2009
On February 25, 2009, the United States Supreme Court unanimously ruled in favor of AT&T in Pacific Bell Telephone Co. et al. v. Linkline Communications, Inc., 555 U.S. ____ (2009).
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Health Watch: 81st Texas Legislature, Week 7
03/02/2009
V&E Health Law E-Communication, March 2, 2009
During its first bill hearing, the Senate Committee on Health and Human Services approved 12 bills, including efforts to increase use of health information technology and improve provider use of prescribing information in Medicaid and Children's Health Insurance Program (CHIP).
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Recovery Act Includes Unprecedented Accountability and Transparency Provisions
02/27/2009
V&E Litigation Update, February 27, 2009
Signed into law by President Obama on February 17, 2009, the American Recovery and Reinvestment Act (the Recovery Act) provides unprecedented levels of Federal funding, currently estimated at $787 billion dollars, to support the Nation’s economic recovery.
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Russia: First Lessons for Investors in Strategic Industries
02/27/2009
V&E Russia/CIS Legal Update E-communication, February 27, 2009
Last May, the President of Russia signed into law the long-awaited bill “On the Procedure of Foreign Investment in Business Entities Having Strategic Importance for the Defence of the Country and the Security of the State” No. 57-FZ (the Strategic Law).
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UK Department of Energy and Climate Change (DECC) Consults on the Proposed Offshore Gas Storage and Gas Unloading Licensing Scheme
02/26/2009
V&E Energy Update E-communication, February 26, 2009
The UK Energy Act 2008, which received Royal Assent on 26 November 2008, introduces a new regulatory framework for the offshore storage of natural gas and the unloading offshore of natural gas including in the form of liquefied natural gas (LNG). Under this new framework the UK government proposes to introduce a licensing scheme for these activities. This new framework does not relate to CO2 storage.
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Antitrust News & Notes, February 2009
02/25/2009
February 2009
Antitrust News & Notes is a periodic report concerning recent developments, issues, and matters of interest in antitrust law and competition policy.
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Appeals Court Overturns Mountaintop Removal Permitting Ruling
02/25/2009
V&E Environmental Law E-communication, February 25, 2009
On February 13, 2009, the U.S. Court of Appeals for the Fourth Circuit overturned a 2007 ruling by a lower court that rescinded the “valley fill” permits for several West Virginia coal mines, enjoined the mining companies from any further action under them, and would have required additional Clean Water Act permits for many coal mines in Appalachia. In a 2-1 ruling, the appellate court upheld the U.S. Army Corps of Engineers’ environmental review of the permits and unanimously rejected the need for the additional permits.
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Health Watch: 81st Texas Legislature, Week 6
02/23/2009
V&E Health Law E-Communication, February, 23, 2009
After studying and hearing testimony on many complex and unresolved healthcare issues during the interim, the Senate Committee on State Affairs has published a report containing recommendations that signal significant change to come in various state healthcare policies.
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International Litigation: Forum Non Conveniens
02/19/2009
First published in The International Lawyer, vol. 42, no. 2, Summer 2008
An in-depth discussion about various aspects of international litigation.
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Summary of Energy Provisions in the American Recovery and Reinvestment Act of 2009
02/17/2009
V&E Energy Currents E-Communication, February 17, 2009
The American Recovery and Reinvestment Act of 2009 (the "ARRA"), signed into law by the President on February 17, 2009, contains a number of important energy provisions. The ARRA appropriates tens of billions of dollars to provide tax- and non-tax related incentives for development of energy-related technologies and activities.
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Health Watch: 81st Texas Legislature, Week 5
02/16/2009
V&E Health Law E-Communication, February 16, 2009
The Texas House is now organized and ready to conduct business. Committee appointments were announced on Thursday, and several new chairs will have the opportunity to shape health care policy this session.
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U.S. 290/Hempstead Corridor Update
02/16/2009
V&E Condemnation and Land Use E-Communication, February 16, 2009
The Texas Department of Transportation expects to receive final federal approval for the U.S. 290/Hempstead project this summer. Federal approval comes through what is known as the Record of Decision and represents a significant step forward in the project.
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Ten Questions to Ask Before Hiring A Condemnation Attorney
02/13/2009
With right-of-way acquisition for the US 290/Hempstead Highway Corridor project slated for 2009, this is a good time to resolve to hire a Texas condemnation attorney. Before you do, here are ten questions you should ask before considering an attorney to represent your interests in a condemnation case.
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Arbitration in the Dubai International Financial Centre: A Promising Law, but Will It Travel Well?
02/12/2009
First published in International Arbitration Law Review, Vol. 1 2009.
The greatest advantage of international arbitration in the context of international contracts is undoubtedly its crossborder enforceability.
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New Law Amending the Regulation of Limited Liability Companies in Russia
02/09/2009
V&E Russia/CIS Legal Update E-Communication, February 9, 2009
On December 30, 2008, the President of Russia signed the Federal Law “On the Introduction of Amendments to Part One of the Civil Code of the Russian Federation and Certain Legal Acts of the Russian Federation” No. 312-FZ (the New Law) significantly amending the rules governing Russian limited liability companies (LLCs).
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Health Watch: 81st Texas Legislature, Week 4
02/09/2009
V&E Health Law E-Communication, February 9, 2009
The Texas Senate is ready to conduct business now that committee assignments have been made.
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HIPAA Headlines, Issue No. HH152
02/06/2009
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Preparing for the 2009 Proxy Season
02/02/2009
V&E Employee Benefits and Executive Compensation E-Communication, February 2, 2009
Public companies with calendar-year ends currently in the process of preparing their annual reports and proxy materials should be mindful of recent developments that deserve special attention. In comparison to recent proxy seasons, there are relatively few new disclosure requirements to take into account this year; however, recent turmoil in the financial markets has refocused attention on executive compensation.
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Progress Report: 2009 Healthcare Legislation
01/30/2009
V&E Health Law E-Communication, January 30, 2009
Vinson & Elkins invites you to join the V&E Texas Legislative Compliance Group 2009 (TLCG), which allows members to share costs for our analyses of key healthcare legislation and post-session compliance guidance documents.
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News and Analysis on International Public Procurement and Export Controls
01/29/2009
First published in International Government Contractor, Vol. 5, No. 11, November 2008
Two major developments in October 2007 strengthened the U.S. Government’s ability to enforce its export controls and economic sanctions.
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SEC Modernizes Oil and Gas Disclosure Rules
01/27/2009
V&E Energy Currents E-communication, January 27, 2009
The Securities and Exchange Commission has adopted final revisions to its rules on disclosures relating to oil and gas activities, including reserve estimates.
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Demystifying Islamic Finance: What It Means and How It Can Contribute to Stimulating the Global Economy
01/15/2009
First published in Corporate Counsel.
Turmoil in global financial markets has accentuated the role that Islamic investment may play in rejuvenating stagnant capital and credit markets.
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EPA Finalizes “Aggregation” Rule, but Leaves Other New Source Review Proposals Pending
01/15/2009
V&E Environmental Law E-Communication, January 15, 2009
On January 12, 2009, EPA finalized the portion of a proposed September 2006 rulemaking that addresses how EPA and state agencies will analyze ostensibly separate projects to determine whether they should be considered together, or aggregated, for purposes of federal new source review applicability determinations. EPA wishes to prevent project developers from circumventing new source review by breaking one large project that would require new source review into a series of smaller projects that are each less than the relevant thresholds. Similarly, industry is concerned that excess aggregation could require lengthy permitting delays and emission controls for multiple small projects that are unrelated to each other.
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Islamic Structured Finance: Legal Due Diligence
01/15/2009
First published in Islamic Finance Review.
For several years, the Islamic Sukuk industry has experienced significant growth and has garnered unprecedented attention both in traditional Islamic jurisdictions and in non-Islamic jurisdictions.
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Sukuk Products Backed by Pools of Assets Located in Non-Islamic Jurisdictions: Key Legal Considerations
01/15/2009
First published in Islamic Finance Review.
The pace by which the Islamic Sukuk industry has grown over the past few years warrants an objective evaluation of the industry’s collective experience thus far and an active participation by key industry players in shaping the road ahead.
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Are You Ready? New FMLA Requirements Take Effect
01/14/2009
V&E Labor and Employment Law E-Communication, January 14, 2009
Beginning January 16, 2009, employers will be required to comply with the Department of Labor’s new Family and Medical Leave Act (FMLA) regulations that concern employees who are related to military personnel and create new employee notification obligations. Among numerous changes, the revised regulations implement two new forms of leave.
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Shareholder Suits: You Ain’t Seen Nothing Yet
01/13/2009
Article First Appeared in Corporate Board Member, January/February 2009
All the recent bankruptcies and bailouts mean that courts may be taking a much more critical look at whether directors have been satisfying their fiduciary duties to companies and shareholders.
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When a Nonsignatory Can Compel Arbitration With a Signatory
01/13/2009
Article appeared in New York Law Journal, December 17, 2008
While it is axiomatic that public policy strongly favors enforcing agreements to arbitrate, the extent to which a court will compel a signatory to an arbitration agreement to arbitrate against a nonsignatory seeking to enforce that agreement has been less certain.
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Current Trends in Class Action Royalty Settlements
01/12/2009
Oil and gas royalty class actions often consist of thousands of interest owners covering hundreds, if not thousands, of wells and leases.
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Invitation to Join V&E's Texas Legislative Compliance Group 2009
01/05/2009
V&E Health Law E-Communication, January 5, 2009
Vinson & Elkins invites you to join the V&E Texas Legislative Compliance Group 2009 (TLCG), which allows members to share costs for our analysis of key healthcare legislation and post-session compliance guidance documents.
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HIPAA Headlines, Issue No. HH151
01/02/2009
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