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Managing the Modern Workplace, July 30, 2019
Most good health and safety managers will tell you that “All accidents are preventable.” As a lawyer who often defends employers in OSHA proceedings, I completely agree. And yet, accidents still happen and employers do get cited because some employee did something that he was not supposed to do.
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V&E Government Investigations Update, July 30, 2019
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V&E Cybersecurity & Data Privacy Update, July 29, 2019
On July 25, 2019, New York Governor Andrew Cuomo signed the Stop Hacks and Improve Electronic Data Security (“SHIELD”) Act.
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V&E Shale Update, July 26, 2019
The Railroad Commission of Texas (the “Commission”) recently published draft rules foreshadowing regulation of rural crude oil and gas gathering pipelines that have historically been largely unregulated.
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Managing the Modern Workplace, July 25, 2019
All of us are, by nature, political
animals, according toAristotle’s
essay on “Politics.” And it’s politics season again, even despite the distance
to the next presidential election.
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V&E Tax Update, July 25, 2019
HMRC has launched a new initiative designed to encourage taxpayers into compliance with the 2015 diverted profits tax, or “DPT”.
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V&E Government Investigations Update, July 24, 2019
Law enforcement agencies have warned that digital currencies, like Bitcoin, are easily used by criminals to launder the proceeds of illegal activities. In the past, buying and selling Bitcoin was technically complex, with limited opportunities for converting physical currency into digital currency without detection.
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Managing the Modern Workplace, July 23, 2019
I recently coached a law student working at Vinson & Elkins for the summer that when she writes a legal memorandum, she should always start with a statement of the facts of the matter as she knows them. The reason for doing this is that if she makes a conclusion on the facts, but does not tell the reader what she believes the facts to be, there could be a misunderstanding.
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First published by The Federalist
Society, July 18, 2019
In this podcast, V&E partner Jason Levine joins The Federalist Society for a teleforum conference call on “risk corridors” litigation.
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First Published in ABA's Antitrust, Vol. 33, Summer 2019
V&E lawyers Darren Tucker and Thomas Bohnett discuss the recent divides regarding antitrust enforcement.
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V&E Foreign Corrupt Practices Act Update, July 23, 2019
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First Published in the American Bar Association's Tort Trial & Insurance Practice Law Journal, Spring 2019
V&E lawyers Thomas Leatherbury and Marc Fuller co-wrote a paper addressing legal developments in media, privacy, defamation, and advertising law spanning October 2017 to September 2018.
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Managing the Modern Workplace, July 18, 2019
Some people worry about the drafting of non-competes more than others. One reason for this is probably that the people who are more relaxed about how the provisions are drafted are in jurisdictions that have the safety net of local courts that will reform or “blue pencil” provisions that are found to be overly broad.
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V&E Government Investigations Update, July 18, 2019
The DOJ’s Antitrust Division (“Division”) recently announced a significant policy change — that we covered in depth here — that will afford non-leniency companies the opportunity to seek mitigation credit in a criminal antitrust investigation if the company had in place at the time of misconduct a robust and effective compliance program.
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Direct Air Capture (DAC) is a chemical process by which carbon dioxide (CO2) is removed directly from the air. Researchers highlight DAC research, development, and demonstration (RD&D) as a means to mitigate climate change and limit the increase in global temperature.
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As climate change gains attention on Capitol Hill from legislators on both sides of the aisle, proposals are increasingly referencing carbon removal technologies as a means of addressing global carbon emissions.
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Managing the Modern Workplace, July 16, 2019
A couple of months ago, I discussed
whether a company could terminate an employee who had dyed her hair pink. My
conclusion was that employers could legally — at least for now — prohibit
employees from having pink hair although I noted that employers were
increasingly reconsidering prohibitions on hair color, tattoos and certain
piercings which might have the effect of eliminating talented younger
candidates from the applicant pool.
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V&E Antitrust Update, July 15, 2019
Thanks to a major policy change at the Department of Justice Antitrust Division (the “Division”), companies under investigation for criminal antitrust violations will now have the opportunity to avoid prosecution even if they are not a leniency applicant.
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Earlier this month, the United Kingdom (“UK”) indicated that it is considering rules to require disclosure of certain climate-related risks. On July 2, the government released its Green Finance Strategy, which discusses the UK’s strategy for accomplishing its goals of net zero emissions by 2050.
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Managing the Modern Workplace, July 11, 2019
As emojis have morphed from a cute novelty into a staple element of business communication, they have begun to pose liability risks to companies. Many of these risks stem from the fact that emojis lack universal definitions, can have multiple — often subjective — meanings, and look different on different messaging platforms.
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