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In a recent decision, TAQA Bratani
Limited & Ors v RockRose UKCS8 LLC [2020] EWHC 58 (Comm), the English High
Court held that an express contractual right in a joint operating agreement for
non-operators to remove the operator at will was “absolute” and that the
exercise of such a right by the non-operators was “not subject to any
implied constraint”, including any implied duty of the non-operators to act
in good faith.
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V&E CFIUS Update, February 13, 2020
New rules governing the review of transactions by the Committee on Foreign Investment in the United States (“CFIUS”) take effect today.
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Managing the Modern Workplace
An recent article published by Vinson & Elkins’ white collar practice group details a decision out of the Southern District of New York that highlights an alternative form of liability for companies and their executives when they get caught up in the #MeToo movement.
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A recent decision out of the Southern District of New York highlights a potential source of liability for companies and their directors in the #MeToo era. In addition to criminal liability and sunken profits, corporations and their executives and directors now face possible action under federal securities laws when they find themselves embroiled in a #MeToo scandal.
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V&E International Dispute Resolution Update, February 13, 2020
In the case of MPB v LGK [2020] EWHC 90 (TCC), the High Court dismissed an application to set aside an arbitration award on jurisdiction1 on the grounds that there was no arbitration agreement between the parties, and the Tribunal therefore lacked substantive jurisdiction over the dispute.
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Managing the Modern Workplace
President Trump’s recent decision to add Nigeria to the restricted travel list not only surprised the Nigerian government, but also many Houston businesses that provide services for the Nigerian oil and gas industry.
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V&E Cybersecurity & Data Privacy Update, February 12, 2020
On February 7, 2020 (with an update to correct an error on February 10), the California Attorney General modified its proposed regulations (the “Modified Regulations”) related to the California Consumer Privacy Act (“CCPA”) to address comments received from the public regarding the proposed regulations published on October 11, 2019 (the “October Regulations”), and clarify and conform the regulations to the CCPA and amendments to the CCPA.
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First published by Reporters Committee For Freedom of the Press, January 30, 2020
V&E partner Tom Leatherbury and associate Pete Thomas recently authored the Texas chapter of the Reporters Committee for Freedom of the Press’s (RCFP) Open Court Compendium, which summarizes Texas state law regarding court access rights and related issues.
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The 50th annual World Economic Forum, hosted by the Swiss non-profit International Organization for Public-Private Cooperation, was held between January 21 and 24, 2020 in Davos, Switzerland (the “Forum”).
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Managing the Modern Workplace
I recently had occasion to write about cities and states revisiting their laws related to obesity as a protected characteristic and the potential for liability for disability discrimination on the basis of perceived obesity.
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When the DOJ announced that its Antitrust Division would focus attention on regulating “market-leading online platforms,” you may not have guessed it would zero in on non-competition related violations by healthcare platforms seeking to unify doctors, patients, and e-prescribing pharmacies as opposed to Big Tech.1
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On Friday, January 31, courts in the U.S., U.K., and France approved a multinational deferred prosecution agreement (DPA)1 with Airbus SE to settle bribery and corruption charges in connection with the company’s use of third-party consultants to secure aircraft sales.2
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Managing the Modern Workplace
The general duty clause of the Occupational Safety and Health Act requires employers to provide a workplace which is “free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employee.”
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Managing the Modern Workplace
We are all familiar with the federal WARN Act, which requires that employers give defined notices to employees ahead of certain layoffs or plant closings, but it is more difficult for employers to keep abreast of the ever-changing landscape of “Mini-WARN Acts” (the aptly nicknamed state laws that imitate the notice requirements of the WARN Act at the state level).
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On January 17, 2020, the United Kingdom’s Serious Fraud Office (“SFO”) published new guidance regarding how the office assesses the compliance programs of organizations that are under investigation.
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V&E Antitrust Update, January 29, 2020
The Federal Trade Commission (FTC) has revised the thresholds that govern pre-merger notification requirements under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR Act), as well as the thresholds for interlocking directorates under Section 8 of the Clayton Act.
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This past week, a court sentenced the last of seven Insys Therapeutics, Inc. executives for their roles in an opioid racketeering conspiracy. The court sentenced the company’s founder, John Kapoor, to a five-and-a-half-year prison term.
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Managing the Modern Workplace
Working with foreign employment counsel on a challenging employment issue can sometimes be a frustrating experience, particularly if the advice you receive on a proposed course of action is simply “no, you can’t do that under our law.”
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Environmental Blog
Last week, the EPA announced two significant settlements for violations of the Clean Air Act relating to emissions of volatile organic compounds (“VOCs”) from upstream oil and gas production facilities. These enforcement actions are a part of the EPA’s Creating Cleaner Air for Communities National Compliance Initiative, which focuses on excess emissions of VOCs and hazardous air pollutants.
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V&E CFIUS Update, January 24, 2020
On January 13, 2020, the U.S. Department of the Treasury (“Treasury”), which chairs the Committee on Foreign Investment in the United States (“CFIUS”), released final regulations implementing the 2018 CFIUS reform law, the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”).1
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