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Insights


UT Law’s 32nd Annual Technology Law Conference 05-23-2019

V&E is sponsoring the Thursday evening networking reception at the UT Technology Law Conference.

6th Mergers & Acquisitions in Energy Conference 05-21-2019

V&E lawyers Shamus Crosby, Matt Dobbins, and Lande Spottswood will speak at the 6th Annual Mergers & Acquisitions in Energy Law Conference in Houston on Tuesday, May 21. 

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

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

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

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

ITC Trial Lawyers Association Event 05-02-2019

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

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

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

History Repeats Itself: Mueller Investigation Spurs Renewed DOJ Focus on WWII Era Foreign Agents Registration Act 04-25-2019

V&E Government Investigations Update, April 25, 2019

Special Counsel Robert Mueller’s “Report on the Investigation into Russian Interference in the 2016 Presidential Election” highlights already well publicized concerns about covert foreign influence on U.S. politics.

The Prague Rules on the Efficient Conduct Of Proceedings in International Arbitration – Restriction to Achieve Efficiency? 04-25-2019

V&E International Dispute Resolution Update, April 25, 2019

Trends in international arbitration show disputes becoming larger and more complex, often resulting in increasingly higher costs and lengthier timetables, much to the dissatisfaction of its users.

Government’s Filing of Complaint Against Private Equity Company Signals New Focus on Private Equity and Other Investors 04-24-2019

V&E False Claims Act Update, April 24, 2019

In a new development in False Claims Act (“FCA”) litigation, the United States Department of Justice (“DOJ”) has filed a complaint-in-intervention naming, among other defendants, California-based private equity firm, Riordan, Lewis & Haden, Inc. (“RLH”). 

Glencore the Latest to Commit to Climate Action 100+ Initiative 04-24-2019

Glencore PLC, the British-Swiss multinational trading and mining company, is one of the latest to commit to take steps in line with investor initiative Climate Action 100+. 

The Supreme Court “Finally” Grants Review of LGBTQ Title VII Cases 04-23-2019

Managing the Modern Workplace, April 23, 2019

As a gay man and an employment law specialist, I have long been interested in the issue of whether Title VII’s prohibition against sex discrimination also protects employees from discrimination based on their sexual orientation or gender identity.

S&P Launches Forward-Looking ESG Benchmark 04-19-2019

Climate Change Blog

On April 12, 2019, S&P Global Ratings (S&P) announced the launch of “ESG Evaluation,” a new benchmark designed to evaluate environmental, social and governance (ESG) factors.

U.S. Labor Department Seeks to Expedite Discretionary Suspensions and Debarments of Federal Contractors that Commit Labor Violations 04-18-2019

Managing the Modern Workplace, April 18, 2019

The U.S. Department of Labor (DOL) has announced a new pilot program to speed up discretionary suspensions and debarments of individuals and contractors “from months to days.” 

If You Give A Cop Your Passcode... Court Considers Whether Using Voluntarily-Provided Codes Violates the Fourth Amendment 04-17-2019

V&E Cybersecurity and Data Privacy Insights, April 17, 2019

The Colorado Supreme Court held last week that when a defendant voluntarily disclosed his four-digit passcode for what he thought was a limited purpose and an officer used the code to search the defendant’s entire phone, it did not violate the Fourth Amendment.

Bid-Rigging Bonanza: DOJ Announces Criminal Charges in Three New Investigations 04-17-2019

V&E Government Investigations Update, April 17, 2019

The Department of Justice (“DOJ”) ended its recent drought of new criminal antitrust cases by bringing bid-rigging charges under the Sherman Act against individuals in three separate cases over the past few weeks.1

Offer Letters: This Should be Simple, Right? 04-16-2019

Managing the Modern Workplace, April 16, 2019

It should be simple to just write a letter offering someone a job. Unfortunately, that is not the case. While offer letters may not be required by law, employers often wish to set out terms and conditions of employment in an offer letter.

13D Monitor Active-Passive Investor Summit 04-16-2019

Patrick Gadson, New York Co-Chair of V&E’s Shareholder Activism practice, will be speaking on a panel on "Best & Worst Things a Company Can Do When Approached by an Activist" at the 13D Monitor Conference in New York City at the Plaza on Tuesday, April 16th.

Kayo Women's Energy Summit 04-16-2019

Sarah MorganDanielle Patterson, and Bailey Pham will be speaking on various panels throughout the Kayo Women's Energy Summit in Houston on Tuesday, April 16th and Wednesday, April 17th.

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

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

The Waiting Game Continues for Impact of Brexit on Data Transfers 04-15-2019

V&E Cybersecurity and Data Privacy Insights, April 15, 2019

On April 10, 2019, the European Union (“EU”) voted to extend the Brexit deadline to October 31, 2019.

UT Law’s 32nd Annual Technology Law Conference 05-23-2019

V&E is sponsoring the Thursday evening networking reception at the UT Technology Law Conference.

6th Mergers & Acquisitions in Energy Conference 05-21-2019

V&E lawyers Shamus Crosby, Matt Dobbins, and Lande Spottswood will speak at the 6th Annual Mergers & Acquisitions in Energy Law Conference in Houston on Tuesday, May 21. 

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

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

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

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

ITC Trial Lawyers Association Event 05-02-2019

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

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

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

13D Monitor Active-Passive Investor Summit 04-16-2019

Patrick Gadson, New York Co-Chair of V&E’s Shareholder Activism practice, will be speaking on a panel on "Best & Worst Things a Company Can Do When Approached by an Activist" at the 13D Monitor Conference in New York City at the Plaza on Tuesday, April 16th.

Kayo Women's Energy Summit 04-16-2019

Sarah MorganDanielle Patterson, and Bailey Pham will be speaking on various panels throughout the Kayo Women's Energy Summit in Houston on Tuesday, April 16th and Wednesday, April 17th.

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

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

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

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

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

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

Solar & Storage Finance Texas 04-09-2019

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

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

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

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

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

31st Annual International Law Institute 03-28-2019

Vinson & Elkins senior associate Rob Landicho will moderate the International Arbitration panel at the 31st Annual International Law Institute on Thursday, March 28.

Nareit REITwise: 2019 Law, Accounting & Finance Conference 03-26-2019

V&E partner Chris Mangin will speak on "Partnership Tax Issues" on Wednesday, March 27th at Nareit's REITwise: 2019 Law, Accounting & Finance Conference in San Antonio.

Antitrust Law 2019 Spring Meeting 03-25-2019

V&E will be taking part in the American Bar Association Antitrust Law 2019 Spring Meeting. 

Climate Leadership Conference 03-20-2019

On Wednesday, March 20, V&E partner Margaret Peloso will speak on the panel "Navigating the Burgeoning Climate Disclosure Landscape."

Parlor Talks at V&E Featuring Charles F. Robinson 02-28-2019

Please join Vinson & Elkins in a conversation with Charles Robinson.

Women Corporate Directors' 2019 Asia Pacific Institute: Resilient Leadership for a Disruptive Era 02-21-2019

V&E IP partner, Jennifer Chen, will be attending the Women Corporate Directors' 2019 Asia Pacific Institute program on February 21-22, 2019 in Tokyo, Japan at The Westin Tokyo.

Public Company Consolidations: What You Need to Know 03-20-2019

Energy Series Logo - Mini Thumbnail - 50px WideV&E partners discussed recent trends and hot topics relating to consolidation transactions involving public companies.

Qualified Opportunity Funds, Real Estate, and REITs 02-20-2019

REITs_Thumbnail

In the first REIT Series program of 2019, V&E REIT professionals discussed the benefits, challenges, and opportunities associated with using Qualified Opportunity Funds to invest in real estate, including the various roles that REITs can play. 


Pipeline Wars: The Battles Over Gas Infrastructure Development 02-06-2019

On February 6, 2019, V&E partners Robert Seber and Jeremy Marwell spoke on "Pipelines Wars: The Battles Over Gas Infrastructure Development" at NYU School of Law. 

Reserve-Based Lending: Market Trends and Recent Developments 02-06-2019

Energy Series Logo - Mini Thumbnail - 50px WideV&E lawyers discussed market trends and recent business and legal developments in the reserve-based lending space.

Building and Overseeing Effective Compliance and Corporate Governance 01-30-2019

V&E lawyers discussed key trends and developments in compliance and corporate governance and how to create and oversee a healthy and holistic compliance and corporate governance program. 

Recent Antitrust Enforcement in the Energy and Chemical Industries 01-17-2019

Energy Series Logo - Mini Thumbnail - 50px WideV&E lawyers discussed recent antitrust developments in the energy and chemical industries – including merger enforcement, cartel investigations, and private litigation – and explain how these developments will affect future enforcement efforts.

Recent Trends in Renewable Energy Dealmaking 11-07-2018

Energy Series Logo - Mini Thumbnail - 50px WideThree attorneys from Vinson & Elkins who frequently represent financial sponsors in the renewables sector discussed the impact of additional capital deployment.

Cyber-Governance: Legal Considerations for Cyber Disclosure and Preparedness 11-01-2018

Today, companies face more complex and sophisticated cyberthreats and new and evolving cybersecurity regulations and standards around the world. This CLE breaks down recent developments, and helps listeners identify key areas of risk and liability, develop and implement a compliant information security program, prepare for any cyber-event, and communicate their risks and readiness with key stakeholders.

Are You SLAPP Happy Yet? 10-30-2018

Since its enactment in 2011, the Texas Citizens Participation Act (TCPA) has become an increasingly important tool in a broad range of cases and other legal proceedings. This program covered the nuts and bolts of litigation under the TCPA.

REIT Internalization Transactions 10-30-2018

REITs_ThumbnailIn the fourth quarter REIT Series presentation, V&E attorneys discussed internalization structures and various considerations that REITs, their external managers and financial advisors should consider.

Eighth Annual Hydraulic Fracturing Symposium 10-03-2018

On October 3, 2018, V&E hosted our annual seminar discussing timely topics surrounding unconventional oil and gas development.

Market Update: Evolution of Midstream IPO Structures 09-12-2018

Energy Series Logo - Mini Thumbnail - 50px WideIn this program, V&E attorneys provided a market update on Up-C Limited Partnerships, Up-C Corporations, Traditional C-Corps, Modified MLPs and SPACs.

Legal Talk Network Podcast – Antitrust Cartel Enforcement 08-21-2018

V&E counsel Lindsey Vaala served as a panelist for a podcast discussion regarding antitrust cartel enforcement hosted by the Legal Talk Network.

Compensation Trends in the REIT Industry 07-19-2018

REITs_ThumbnailThe third quarter V&E REIT Series presentation explored the latest trends and developments impacting compensation decisions and disclosures in the REIT industry.

Keep Calm and Carry On: How Disputes, Data Privacy and Employment Issues Post-Brexit will Affect American Businesses 06-14-2018

Join members of V&E’s cross-border cybersecurity, employment, and dispute resolution teams as we analyze these developments through the lens of U.S. multinational companies planning to navigate a post-Brexit Europe.

FTC Updates Guidance on Premerger Due Diligence and Negotiations (Sharing But Not Oversharing) 06-13-2018

Energy Series Logo - Mini Thumbnail - 50px WideThe Federal Trade Commission (FTC) recently issued guidance on information sharing while conducting premerger negotiations and due diligence.

Environmental Enforcement Update 05-24-2018

Energy Series Logo - Mini Thumbnail - 50px WideThis program discussed new developments in environmental enforcement, including the increase in statutory penalties under the various environmental statutes, the new DOJ policy on third party payments, EPA’s revised policy on enforcement, and new DOJ policy on use of agency guidance in enforcement.

REITs and Infrastructure Investment 04-19-2018

REITs_ThumbnailThe second quarter V&E REIT Series presentation explored the types of infrastructure assets that can qualify as real property for purposes of the REIT requirements.

Representations and Warranties Insurance in Energy M&A: An Old Product Gets a New Look 04-11-2018

Energy Series Logo - Mini Thumbnail - 50px WideRepresentations and warranties insurance is fast becoming a standard feature of M&A deals, including recent M&A deals in the energy space. This program looked at the use of this insurance product with a specific focus on energy M&A deals.

Diversity Matters: Making the Most of Board Diversity 03-29-2018

In this presentation, governance professionals from V&E and Deloitte discuss the current interest in board diversity, and how companies can leverage their current board composition to address their investors’ concerns. 

History Repeats Itself: Mueller Investigation Spurs Renewed DOJ Focus on WWII Era Foreign Agents Registration Act 04-25-2019

V&E Government Investigations Update, April 25, 2019

Special Counsel Robert Mueller’s “Report on the Investigation into Russian Interference in the 2016 Presidential Election” highlights already well publicized concerns about covert foreign influence on U.S. politics.

The Prague Rules on the Efficient Conduct Of Proceedings in International Arbitration – Restriction to Achieve Efficiency? 04-25-2019

V&E International Dispute Resolution Update, April 25, 2019

Trends in international arbitration show disputes becoming larger and more complex, often resulting in increasingly higher costs and lengthier timetables, much to the dissatisfaction of its users.

Government’s Filing of Complaint Against Private Equity Company Signals New Focus on Private Equity and Other Investors 04-24-2019

V&E False Claims Act Update, April 24, 2019

In a new development in False Claims Act (“FCA”) litigation, the United States Department of Justice (“DOJ”) has filed a complaint-in-intervention naming, among other defendants, California-based private equity firm, Riordan, Lewis & Haden, Inc. (“RLH”). 

If You Give A Cop Your Passcode... Court Considers Whether Using Voluntarily-Provided Codes Violates the Fourth Amendment 04-17-2019

V&E Cybersecurity and Data Privacy Insights, April 17, 2019

The Colorado Supreme Court held last week that when a defendant voluntarily disclosed his four-digit passcode for what he thought was a limited purpose and an officer used the code to search the defendant’s entire phone, it did not violate the Fourth Amendment.

Bid-Rigging Bonanza: DOJ Announces Criminal Charges in Three New Investigations 04-17-2019

V&E Government Investigations Update, April 17, 2019

The Department of Justice (“DOJ”) ended its recent drought of new criminal antitrust cases by bringing bid-rigging charges under the Sherman Act against individuals in three separate cases over the past few weeks.1

The Waiting Game Continues for Impact of Brexit on Data Transfers 04-15-2019

V&E Cybersecurity and Data Privacy Insights, April 15, 2019

On April 10, 2019, the European Union (“EU”) voted to extend the Brexit deadline to October 31, 2019.

New U.S. Labor Department Pilot Program Aims to Fast Track Discretionary Suspensions and Debarments 04-11-2019

V&E Government Investigations Update, April 11, 2019

Early last week, the U.S. Department of Labor (DOL) announced a new pilot program to speed up discretionary suspensions and debarments of individuals and contractors “from months to days.”1

Utah Becomes First State to Curtail Warrantless Searches of Personal Data Transmitted to Third Parties 04-11-2019

V&E’s Cybersecurity & Data Privacy Update, April 11, 2019

Utah recently enacted the nation’s first privacy law that protects its citizens from unbounded government invasion into personal electronic information shared with third parties.

Stop the Presses: Misleading Investors in the Wake of Bad Press Leads to Criminal and Civil Penalties 04-11-2019

V&E Government Investigations Update, April 11, 2019

P. T. Barnum is credited as saying “There is no such thing as bad publicity.” That may be true in running a circus, but it is demonstrably untrue in running a public company.

Kokesh costs SEC nearly $1 Billion; DOJ and Congress React 04-10-2019

V&E Government Investigations Update, April 10, 2019

In 2017, the SEC’s enforcement power faced a setback when, in Kokesh v. SEC,1 the Supreme Court curtailed its ability to seek disgorgement outside the five-year statute of limitations period for civil penalties.2

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

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

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

V&E Government Investigations Update, April 4, 2019

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

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

V&E Government Investigations Update, April 3, 2019

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

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

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

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

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

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

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

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

V&E Antitrust Update, March 26, 2019

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

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

First published in The Texas Lawbook, March 14, 2019

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

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

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

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

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

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

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

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

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

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

Glencore the Latest to Commit to Climate Action 100+ Initiative 04-24-2019

Glencore PLC, the British-Swiss multinational trading and mining company, is one of the latest to commit to take steps in line with investor initiative Climate Action 100+. 

The Supreme Court “Finally” Grants Review of LGBTQ Title VII Cases 04-23-2019

Managing the Modern Workplace, April 23, 2019

As a gay man and an employment law specialist, I have long been interested in the issue of whether Title VII’s prohibition against sex discrimination also protects employees from discrimination based on their sexual orientation or gender identity.

S&P Launches Forward-Looking ESG Benchmark 04-19-2019

Climate Change Blog

On April 12, 2019, S&P Global Ratings (S&P) announced the launch of “ESG Evaluation,” a new benchmark designed to evaluate environmental, social and governance (ESG) factors.

U.S. Labor Department Seeks to Expedite Discretionary Suspensions and Debarments of Federal Contractors that Commit Labor Violations 04-18-2019

Managing the Modern Workplace, April 18, 2019

The U.S. Department of Labor (DOL) has announced a new pilot program to speed up discretionary suspensions and debarments of individuals and contractors “from months to days.” 

Offer Letters: This Should be Simple, Right? 04-16-2019

Managing the Modern Workplace, April 16, 2019

It should be simple to just write a letter offering someone a job. Unfortunately, that is not the case. While offer letters may not be required by law, employers often wish to set out terms and conditions of employment in an offer letter.

The Secret to Dressing 04-11-2019

Managing the Modern Workplace, April 11, 2019

Disclaimer: This article does not contain any tips for dressing well. Instead, I address what happens if one of your employees walks out the door to join a competitor and that competitor begins to produce products that look suspiciously like yours.


Is the Mexican Labor Movement About to Experience a [Second] Revolution? 04-09-2019

Managing the Modern Workplace, April 09, 2019

In contrast to the U.S. Constitution, the Mexican Constitution — enacted over 100 years ago after a bloody revolution — enumerates specific constitutional rights protecting the rights of Mexican workers, including the right to organize unions and the right to strike.

To Count or Not To Count, That is the FMLA Question 04-04-2019

Managing the Modern Workplace, April 4, 2019

Your employee tells you that he would like to use his four weeks of annual vacation so that he can take care of his very ill mother who lives in another state.

Cell Phone Distractions in the Workplace 04-02-2019

Managing the Modern Workplace, April 2, 2019

We’ve all seen the driver behind the wheel talking on his cell phone and weaving across lanes, making turns without signals, and all sorts of other dangerous maneuvers.

The Big Uneasy (Part 3): When is a Release not a Release? 03-28-2019

Managing the Modern Workplace, March 28, 2019

Much to the surprise of many business managers, a terminated employee who has been paid a severance may still sue for age discrimination after signing a release if the release was not carefully drafted.

The Consequences of Elections: Are Texas Courts Becoming More Employee Friendly? 03-26-2019

Managing the Modern Workplace, March 26, 2019

Texas is still a long way from becoming California when it comes to employment law, and no one expects the Republican dominated Texas legislature to follow the recent trend of other state legislatures (e.g., New York, Washington, Maryland) in restricting employers from arbitrating claims of sexual harassment.

Why Did I Move That? 03-21-2019

Managing the Modern Workplace, March 21, 2019

Most of us have had this experience. You have just moved to a new home and, as you unpack your boxes, you look at some item and think to yourself, “Why did I just pay to have this moved?”

New Overtime Rule: It Could Have Been Worse! 03-19-2019

Managing the Modern Workplace, March 19, 2019

Ordinarily, you might expect that the business community would get pretty upset by a proposed rule increasing the minimum salary required for exempt employees under the Fair Labor Standards Act from $23,600 to $35,308. After all, there are quite a few front line supervisors in fast food restaurants and smaller businesses who earn annual salaries in the low thirty thousands, especially in communities with lower costs of living. The proposed regulation will require employers to start paying these employees overtime or raise their salaries to the minimum threshold.

Immigration Breakdown: Don’t Overlook Immigration Issues When Acquiring a New Business 03-14-2019

Managing the Modern Workplace, March 14, 2019

In many transactions, a significant part of the value to the buyer of a company is the people working for the company.

DOJ Fans the Flames in Support of Plaintiffs Suing Former Employers in Private Antitrust Fray 03-12-2019

Managing the Modern Workplace, March 12, 2019

The Department of Justice Antitrust Division (the “DOJ”) recently put its thumb on the scale in favor of plaintiffs with respect to the standard to be applied in antitrust litigation involving purported “no-poach” agreements among competing employers.

Why Should HR Professionals Pay Attention to the International Trade Agreements? 03-07-2019

Managing the Modern Workplace, March 07, 2019

As you may know, the United States, Canada, and Mexico negotiated a new trade agreement in November 2018 titled the United States–Mexico–Canada Agreement (USMCA), which is intended to replace NAFTA.

Mind the Gap: Middle Management’s Critical Role in Compliance 03-05-2019

Managing the Modern Workplace, March 05, 2019

In order to effectively drive a culture of ethical conduct, companies must ensure that compliance priorities set by executive leadership extend to even the lowest level employees.

Living Just as Free as Their Hair... Under Your Workplace Grooming Policy 02-28-2019

Managing the Modern Workplace, February 28, 2019

In the eight years since Lady Gaga first sang that she lives “just as free as her hair,” workplace race discrimination issues related to hair grooming policies have become more prominent. 

How to Do a 30-Minute FLSA Compliance Self-Audit 02-26-2019

Managing the Modern Workplace, February 26, 2019

Avoiding slipping up on the FLSA’s rules and regulations is notoriously difficult, both for small businesses as well as large companies with sophisticated HR and legal teams. If your business hasn’t looked recently at its wage and hour practices, use our quick checklist to performing a high-level, 30-minute desk audit to identify some of the most common blind spots that might need further review. 

Economics and Necessity May Create Corporate Alliances, But Antitrust Can Put Them Asunder 02-21-2019

Managing the Modern Workplace, February 21, 2019

With apologies to President Kennedy’s prosaic description of alliances, antitrust issues — if not properly managed — can make alliances the source of legal issues.

V&E's Matt Jacobs Discusses Legal Implications from Indictments in Mueller Investigations 01-31-2019

Matt Jacobs appears on MSNBC to discuss the legal implications of Roger Stone’s indictment in the Mueller investigations.

V&E's Matt Jacobs Weighs in on Committee Investigation 01-14-2019

Matt Jacobs sits in on an MSNBC panel to discuss the subject of legal troubles facing the Trump family in light of allegations of the inaugural committee misusing and abusing funds.

V&E’s Matt Jacobs Weighs In on the Mueller Investigation 01-07-2019

V&E's Matt Jacobs, a former federal prosecuter, sits down with MSNBC during a panel discussing the Mueller investigation. 

REIT IPO Activity Could Pick Up in Late 2018 04-11-2018

First published by Nareit, April 3, 2018

Daniel LeBey, partner, capital markets and M&A at Vinson & Elkins LLP, participated in a video interview at REITwise 2018, Nareit’s Law, Accounting & Finance Conference in Hollywood, Florida.

Why Join V&E: Your Development as a Lawyer 01-02-2018

Hear from V&E Partner John B. Connally, Practice Group Leader, former Management Committee member, and LGBT affinity group member, on what he thinks are the two most important things when considering where to start your law career.

The International Reach of The Defend Trade Secrets Act 09-12-2017

V&E partner Craig Tyler outlines implications of the Defend Trade Secrets Act (DTSA) for misappropriation taking place outside of the U.S. and looks specifically at the International Trade Commission as a venue for cracking down on misappropriating products imported into the U.S.

Testing the Waters: The First Few Months of The Defend Trade Secrets Act 09-12-2017

On May 11, 2016, the Defend Trade Secrets Act (DTSA) was signed into law, providing a federal civil remedy for trade secrets misappropriation. 

Cyber-insurance 101: The Basics 08-17-2017

Increasingly, organizations are purchasing cyber-insurance or requiring their vendors to do so to mitigate risks related to cyber-attacks. In this video, partner Devika Kornbacher helps companies think through choosing the coverage that is best for them.

An Intro to The Defend Trade Secrets Act 05-11-2017

The new Defend Trade Secrets Act was signed into law by President Obama on May 11, 2016. V&E partner Steve Borgman explains what the new law is, how it differs from existing trade secrets law, and how the new law can be beneficial to parties involved in a trade secrets dispute.

Intellectual Property Rights in Complex Cross-Border Operations 05-11-2017

A common problem that arises in complex cross-border operations involving intellectual property is something referred to as the coordination problem. Rights under the law in one country may be exploited under the laws of another country. These problems can be addressed contractually if proper forethought is given.

EPA’s National Enforcement Initiatives for Fiscal Years 2017–2019 10-01-2016

On October 1, the U.S. Environmental Protection Agency’s (“EPA”) National Enforcement Initiatives (“NEIs”) for fiscal years 2017-2019 took effect.

A Profile of V&E’s Energy Appellate Practice 08-31-2016

Marie Yeates, co-chair of V&E's Appellate practice, and Appellate partner Michael Heidler have deep experience handling energy appeals, particularly in Texas and Louisiana.

A Closer Look at EPA's New Methane Rules for the Oil and Gas Industry 06-22-2016

On May 12, 2016, EPA issued a slate of final rules and an information request under the Clean Air Act directed at the oil and gas industry. This is the first time EPA is directly regulating methane as a greenhouse gas. These rules will have widespread application to the oil and gas industry, including production, processing, transmission, and storage. 

Employment Consideration in International Asset Transactions 06-03-2016

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

Global Reductions in Force 06-03-2016

Martin Luff, counsel in V&E’s International Employment practice, highlights the issues employers must consider when implementing global layoffs or reductions in force.

Workers’ Compensation Insurance: Do You Have the Coverage You Think You Do? 06-03-2016

There are several benefits to workers’ compensation insurance. For example, it provides benefits to an employee in the event of a workplace injury and provides an exclusive remedy protecting the employer from most types of negligence claims.

Changes to the Partnership Audit Tax Rules – What Partnerships Need to Consider Now 02-04-2016

Major changes to the rules for auditing the tax items of partnerships were made by the Bipartisan Budget Act of 2015 and will come into effect in 2018.

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