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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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Institute for Energy Law’s 70th Annual Oil & Gas Law Conference 02-21-2019

V&E partner Mark Rodriguez will moderate the panel "A Look Inside the Energy Company Legal Department."

State Bar of Texas' Advanced Trial Strategies Course 02-14-2019

V&E Partner Jane Bland will speak at the State Bar of Texas' Advanced Trial Strategies Course on two panels.

Texarkana Main Event CLE 2019 01-30-2019

V&E senior associate Megan Coker will give an update on Texas Citizen Participation Act litigation at this program, hosted by the State Bar of Texas’ Government Law, Litigation, and Appellate sections and the Texas Young Lawyers Association.

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

Join V&E professionals as we discuss key trends and developments in compliance and corporate governance and how to create and oversee a healthy and holistic compliance and corporate governance program.

13th Forum on the Foreign Corrupt Practices Act: Houston – Hosted by American Conference Institute (ACI) 01-30-2019

ACI’s annual FCPA Houston Forum has become the premier anti-corruption compliance event for local industry due the caliber of expert speakers, seniority of delegates and complexity of legal and compliance issues discussed.

Transaction Insurance Insights Conference – Hosted by Advisen 01-30-2019

Advisen’s Transaction Insurance Insights Conference will outline current trends in M&A, discuss the due diligence process and the types of issues that often come to light, and explain how those issues can be addressed, including the use of transaction insurance products so that deals can close.

Advanced Intellectual Property Law: Overview of IP 01-09-2019

V&E partners Hilary Preston and Devika Kornbacher will be speaking at the 32nd Annual Course on Advanced Intellectual Property Law on Thursday, February 28th in Dallas, TX.

PubKGroup's 4th Annual Review 12-12-2018

Dan Graham of V&E’s Washington, D.C. office is a panelist in the Protests session at PubK’s Fourth Annual Year in Review. This is a one-day webcast from the National Press Club and will provide an update and outlook for government contracting.

The New Governance: Navigating the Rising ESG Tide 12-12-2018

Energy Series Logo - Mini Thumbnail - 50px WideJoin our V&E climate change, international human rights and governance professionals as we provide practical guidance for companies facing exponentially growing ESG demands and expectations. 

Strategic Preparation for the 2019 10-K and Proxy Season 12-06-2018

Join Broadridge and V&E governance professionals as we discuss the key trends and developments that will drive the 2019 annual report and proxy season.

TowerXchange Meetup Asia 2018 12-04-2018

Vinson & Elkins is pleased to be sponsoring the TowerXchange Meetup Asia 2018.

REITworld: 2018 Annual Conference 11-07-2018

V&E partner Daniel LeBey will be speaking during the spotlight session titled “Trends in REIT Corporate Governance” taking place on Wednesday, November 7th from 10:30 a.m. until 11:30 a.m.

CAIL Conference on Intellectual Property Law 11-01-2018

V&E Partner Devika Kornbacher will speak at The Center for American and International Law's (CAIL) Conference on Intellectual Property Law on 'What IP Lawyers Need to Know About Emerging Issues in Cybersecurity."

Solar & Storage Finance USA 10-29-2018

Kaam Sahely will be speaking on the "Investors- How Is Investment Appetite for PV and Storage Evolving" panel and Peter Marshall will be moderating the "2018: The Year Solar & Storage Came of Age?" panel at this two-day solar conference.

Thirty First ITF Public Conference: Human Rights in International Investment Law 10-26-2018

V&E senior associate Alex Slade will speak on the panel "Interpretation of human rights obligations by international tribunals."

Rystad Energy Information Session 10-25-2018

Please join Lars Lysdahl, Head of New York Consulting for Rystad Energy and Robert Seber, Partner, Mergers & Acquisitions and Private Equity at Vinson & Elkins LLP for a morning of knowledge sharing.

CRE.Converge 2018 10-17-2018

On Wednesday, October 17th, V&E partners Greg Cope and Chris Mangin and senior associate Sarah Fortt will be speaking on a panel titled “Advising the Board on Crisis Management” during the General Counsel Forum at CRE.Converge.

TowerXchange Meetup Africa 2018 10-09-2018

Vinson & Elkins is pleased to be sponsoring the TowerXchange Meetup Africa 2018.

The Deal Economy Conference - Chicago 09-24-2018

V&E partner Steve Gill will speak on the Shareholder Activism panel alongside senior executives from Edelman, Voce Capital Management, Legion Partners, and Innisfree M&A Incorporated on September 24th.

Estimating System Adequacy - The Price Has to Be Right! 09-20-2018

Dan Graham of V&E’s Washington, D.C. office and Mike Mardesich of DHG’s Government Contract Advisory will be presenting on a webinar on the government’s recent assessment and audits of contractor's estimating systems and adequacy reviews of contractor's cost proposals.

FERC Tax Orders Webcast & Teleconference 03-23-2018

The V&E team discussed the Federal Energy Regulatory Commission’s proposed actions to address the income tax allowance component of regulated entities’ cost-of-service rates announced on March 15, 2018.

Restatements and Late Periodic Reports 03-21-2018

Energy Series Logo - Mini Thumbnail - 50px WideThis program discussed the principles and standards applicable to determine whether a restatement of financial statements must be issued.

Legal Considerations for Corporate Climate Scenario Analysis 03-12-2018

Hosted by Center for Climate and Energy Solutions (C2ES)

V&E partner Margaret Peloso presented at the "Legal Considerations for Corporate Climate Scenario Analysis" webinar hosted by C2ES on March 12, 2018.

TCJA Impacts on REITs and REIT Transaction Structures 02-15-2018

REITs_ThumbnailIn our inaugural quarterly REIT Series webinar, we discussed the impact of the recently adopted tax reform on REITs, REIT transaction structures, questions that have arisen since adoption and issues that will need attention from the Internal Revenue Service in the future.

An Update on Tax Reform and Its Implications in 2018 02-13-2018

Energy Series Logo - Mini Thumbnail - 50px Wide

This program gave a high-level summary of the domestic provisions of the new tax bill and its implications for various companies, with a focus on the energy industry. 

What You Don’t Know About Competition Law Can Hurt You: An Update on Key Antitrust Issues 12-05-2017

On December 5, 2017, V&E’s antitrust practitioners hosted a seminar discussing primary competition law concerns and how companies and investors effectively face those concerns.

V&E Participates in 2017 SEC Government-Business Forum on Small Business Capital Formation 11-30-2017

Top SEC officials gathered on November 30th for the 2017 Government-Business Forum on Small Business Capital Formation. The annual Forum, which is typically held in Washington D.C., took place in Austin this year in partnership with the Herb Kelleher Center for Entrepreneurship, Growth and Renewal at the McCombs School of Business at The University of Texas at Austin.

Webcast: Strategic Preparation for the 2018 10-K and Proxy Season 11-30-2017

The 2018 annual report, proxy and meeting season promises to be particularly eventful. Join Sarah Fortt, V&E Senior Associate, and Ronald Schneider, Director – Corporate Governance Services at Donnelley Financial Solutions, as they help clients prepare for their disclosure obligations.

Upstream Transactional Update: DrillCos Under Review and Producer/Midstream Gathering JVs 11-08-2017

Energy Series Logo - Mini Thumbnail - 50px WideIn this program, V&E attorneys provided an update on current market and regulatory trends in DrillCo transactions as well as Producer/Midstream Gathering JVs and acreage dedication.

MLP 101: Market Trends and Updates 10-11-2017

Energy Series Logo - Mini Thumbnail - 50px WideIn this program, V&E attorneys discussed the typical organizational and capital structure of MLPs, governance and accounting issues, and a primer on tax considerations and qualifying income.

Proving Independent Development: A Winning Defense Against Trade Secrets Misappropriation Claims 10-10-2017

IP Series Logo - Mini Thumbnail - 50px WideLitigation involving allegations of misappropriation of trade secrets has been on the rise since the enactment of the Defend Trade Secrets Act in May of 2016, which opened the Federal Courts to such claims.

Seventh Annual Hydraulic Fracturing Symposium 10-04-2017

On October 4, 2017, V&E hosted our annual seminar discussing timely topics surrounding unconventional oil and gas development.

NACD Global Board Leaders’ Summit 10-02-2017

The National Association of Corporate Directors’ Global Board Leaders’ Summit is the largest and most important director forum in the world, where the greatest minds in governance convene to take on the largest issues facing today’s boardrooms and collectively discover the future of exemplary board leadership.

Sing a Song about the Heartland: Patent Litigation Post-Heartland 07-11-2017

IP Series Logo - Mini Thumbnail - 50px WideIn one of the most anticipated decisions in recent years, the Supreme Court reversed the Federal Circuit’s venue precedent in TC Heartland and reaffirmed its own decades-old interpretation of the patent venue statue. 

Tax Reform: Perspectives From Across the Nation - Impact on the Energy Sector 06-21-2017

The Tax Analysts team traveled outside of Washington, D.C. to get a variety of perspectives on tax reform.

M&A Transaction Structures: Corporate, Reporting, and Tax Considerations 06-14-2017

Energy Series Logo - Mini Thumbnail - 50px WideIn this program, V&E attorneys discussed transaction structures for mergers and acquisitions, including Up-Cs and double-dummy mergers.

2017 Kayo Women’s Energy Investment Conference 06-12-2017

Vinson & Elkins proudly sponsors Kayo Women’s Energy Investment Conference in Houston. This event brought together two hundred of the energy industry’s leading figures across multiple sectors, including oil & gas, metals and mining, and alternative fuels.

Governance and Disclosure: 2017 Season Lessons, 2018 Season Expectations 05-10-2017

Energy Series Logo - Mini Thumbnail - 50px WideIn this program, we discussed key 2017 governance and disclosure developments and trends, including proxy access developments, proxy advisory firms policy changes, executive compensation trends, conflict minerals developments, shareholder proposal trends and recent SEC guidance.

Hunting Pirates at the ITC: A Cost-Effective Approach to Brand Protection 05-09-2017

IP Series Logo - Mini Thumbnail - 50px WidePiracy is one of the larger threats to brand owners. Going after pirates can be costly and traditional fines from Customs & Border Patrol do little to deter the brazen pirate.

Cybersecurity Preparedness for the Energy Industry 04-28-2017

Energy Series Logo - Mini Thumbnail - 50px WideThis panel discussion with representatives from the infrastructure, public relations and insurance fields discussed the metes and bounds of being “cyber-secure” in today’s energy business.

Burn After Reading? — DOJ Loosens Previous Ban on Secretive Messaging Apps 03-15-2019

V&E FCPA and Global Anti-Corruption Update, March 15, 2019

DOJ has again modified its guidance regarding enforcement of the FCPA. Among the recent modifications is a loosening of the ban it had announced in 2017 on the use of disappearing messaging applications or software by companies hoping to receive cooperation credit under the Corporate Enforcement Policy.

Recent FCPA Speeches Highlight and Defend DOJ Priorities 03-14-2019

V&E FCPA and Global Anti-Corruption Update, March 14, 2019

On March 7 and 8, 2019, Deputy Attorney General Rod Rosenstein and Assistant Attorney General Brian Benczkowski delivered separate speeches on developments in FCPA enforcement, highlighting that DOJ aims to make “corporate criminal enforcement more effective and efficient.”1

Washington Senate Passes Comprehensive Data Privacy Law 03-14-2019

V&E Cybersecurity and Data Privacy Insights, March 14, 2019

On March 6, 2019, the Washington State Senate passed Senate Bill No. 5376, the Washington Privacy Act (“WPA”).

Insufficient Evidence Leads to Former Barclays Trader’s Acquittal Without a Jury 03-13-2019

V&E Government Investigations Update, March 13, 2019

In a blow to the DOJ, on March 4, 2019, a Northern District of California district court dismissed all charges against former Barclays foreign currency options trader Robert Bogucki. 

BSEE Streamlined Guidance on Idle Iron Requirements 03-11-2019

V&E Environmental and Natural Resources Update, March 11, 2019

On December 11, 2018, the federal Bureau of Safety and Environmental Enforcement (“BSEE”) issued a Notice to Lessees and Operators and Pipeline Right-Of-Way Holders (“NTL”) for the Outer Continental Shelf (“OCS”) Gulf of Mexico Region on Idle Iron Decommissioning Guidance for Wells and Platforms (the “2018 NTL”).

Getting the Discovery You Need in Arbitration 03-11-2019

First published in the American Bar Association, The Woman Advocate, March 05, 2018

V&E’s Carly Milner and Aurra Fellows discuss the need to understand what discovery will be available and whether that meets their needs.

The Trouble With Emojis 03-08-2019

V&E High-Tech Law & Litigation Update, March 08, 2019

Like the Tribbles on the classic television series Star Trek, emojis are cute and fun, but they can cause major trouble if not handled correctly.

Congress Takes First Steps Towards Federal Data Privacy Law 03-08-2019

V&E’s Cybersecurity & Data Privacy Update, March 08, 2019

Everyone knows by now that the European Union passed a sweeping privacy law that was implemented in May of 2018 regulating how businesses may use personal data.

CFTC Announces New Enforcement Advisory Relating to Foreign Corrupt Practices 03-07-2019

V&E FCPA and Global Anti-Corruption Update, March 07, 2019

On March 6, Director James M. McDonald of the U.S. Commodity Futures Trading Commission (“CFTC”) announced a new Enforcement Advisory at the American Bar Association’s National Institute on White Collar Crime, aimed at encouraging cooperation with CFTC investigations related to foreign corruption.

One for You, Two for Me — Cognizant FCPA Declination a Mixed Bag for Companies 03-07-2019

V&E FCPA and Global Anti-Corruption Update, March 07, 2019

In the first FCPA enforcement action of the 2019 season, DOJ issued a particularly lenient declination to Cognizant Technology Solutions Corporation, but required additional disgorgement beyond what the SEC could collect in its own parallel action and indicted two of the company’s most senior executives.

Supreme Court To Review Expansive Interpretation of the Clean Water Act 03-06-2019

V&E Government Investigations Update, March 06, 2019

The U.S. Supreme Court recently agreed to review the scope of the federal Clean Water Act (“CWA”), which prohibits the discharge of pollutants into navigable waters from any point source.

DOJ is “Swinging for the Fences” in Expanding Traditional Industry Focus 03-05-2019

V&E Foreign Corrupt Practices Act Update, March 05, 2019

The Department of Justice (“DOJ”) and Securities and Exchange Commission (“SEC”) typically stick to a game plan when it comes to the Foreign Corrupt Practices Act (“FCPA”), historically focusing on high risk markets and select industries with heavy foreign government involvement, such as energy and resource extraction, life sciences and pharmaceuticals, and financial services.

Supreme Court Says Copyright Owners Cannot Sue Until After Registration 03-05-2019

V&E IP Insights, March 05, 2019

In Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC, 586 U.S. __ (2019), the Supreme Court of the United States held that a suit for copyright infringement cannot commence until after the Copyright Office has granted registration of a copyright.

Oracle Shoots for “Full Moon” and Loses: Supreme Court Says Copyright Award of “Full Costs” Limited to Statutorily Enumerated Costs 03-05-2019

V&E IP Insights, March 05, 2019

In Rimini Street, Inc. v. Oracle USA, Inc., 586 U.S. __ (2019), the Supreme Court of the United States held that an award of “full costs” for copyright infringement under Section 505 of the Copyright Act is limited to and may not go beyond the six enumerated categories of costs authorized under 28 U.S.C. §§ 1821 and 1920.

How Frustrating is BREXIT? High Court Holds BREXIT does not Frustrate a Commercial Lease Contract 03-04-2019

V&E International Dispute Resolution Update, March 04, 2019

In a (perhaps unsurprising) recent decision in the case of Canary Wharf (BP4) T1 Ltd v European Medicines Agency(the “EMA”),1 the High Court ruled that BREXIT would not amount to an event frustrating a lease.

DOJ Escalates the Fight Against Opioids, Preemptively Shuts Down Pharmacies 02-27-2019

V&E Government Investigations Update, February 27, 2019

In early February, the U.S. Department of Justice took the unprecedented step of temporarily shutting down two Tennessee pharmacies accused of allowing opioid prescriptions to flow into the local market unchecked, signaling an escalation in the DOJ’s enforcement surrounding the opioid cases.

Joint Operating Agreements and the Operator “Hold-Neutral” Principle – Court of Appeal Addresses Participants’ Liability for Unforeseen Costs 02-27-2019

In a recent decision, Spirit Energy Resources Ltd & Ors v Marathon Oil UK LLC [2019] EWCA Civ 11, the English Court of Appeal has dismissed an appeal brought by Spirit Energy and TAQA in respect of their liability for a share of a pension deficit for employees engaged in joint operations.

U.S. Supreme Court Rules States Can’t Impose Excessive Fines 02-21-2019

V&E Government Investigations Update, February 21, 2019

Yesterday, in Timbs v. Indiana, the U.S. Supreme Court ruled that the Eighth Amendment’s prohibition on excessive fines applies to the states. In an opinion drafted by Justice Ginsburg, the Court held the Excessive Fines Clause is “fundamental to our scheme of ordered liberty” with “deep roots in our history and tradition.”1

One Step too Far? The Chamber of Commerce Argues the DOJ Wrongly Used the Wire Fraud Statute to Combat Spoofing 02-20-2019

V&E Government Investigations Update, February 20, 2019

Earlier this month, the U.S. Chamber of Commerce filed an amicus brief in an Illinois district court, arguing that the Department of Justice (“DOJ”) went too far in indicting two former Deutsche Bank employees with violations of the wire fraud statute, 18 U.S.C. § 1943.

2018 False Claims Act and Whistleblower Developments 02-20-2019

V&E False Claims Act Update, February 20, 2019

Whistleblower activity has consistently increased over the past decade, with 2018 being no exception. Although the Department of Justice (“DOJ”) reported a decrease in False Claims Act (“FCA”) whistleblower actions and recoveries in 2018, the Securities and Exchange Commission (“SEC”) and Commodity Futures Trading Commission (“CFTC”) both reported year-on-year increases in tips received and payments to whistleblowers.

The Importance of Investigation Protocols Amid Heightened Corporate Exposure 02-19-2019

Managing the Modern Workplace, February 19, 2019

In the face of well-publicized corporate scandals such as #MeToo, and in response to heightened corporate accountability standards under Sarbanes-Oxley and Dodd-Frank, internal investigations serve as a critical component of an effective governance and corporate compliance program.

Lock Up Your Servers! Inspired by Europe, U.S. States Enact New Data Protection Statutes 02-15-2019

Managing the Modern Workplace, February 15, 2019

Data protection law is quickly becoming a legal-compliance headache for many companies. As companies and their customers have continued to store more data in the cloud, that data has become a valuable target for hackers.

OSHA Rescinds Most of Obama Electronic Reporting Requirements 02-12-2019

Managing the Modern Workplace, February 12, 2019

On January 25, 2019, OSHA issued a final rule rescinding the Obama administration’s requirements that employers with more than 250 employees must electronically submit their logs of Work-Related Injuries and Illnesses (OSHA Form 300) and Injury and Illness Incident Reports (OSHA Form 301).

Offers of Judgment: A Tool for Minimizing Liability in Overtime Cases 02-07-2019

Managing the Modern Workplace, February 7, 2019

As many employers have learned, the biggest liability in many overtime cases brought under the Fair Labor Standards Act (“FLSA”) is often not the unpaid overtime or liquidated damages but the attorneys’ fees that the plaintiff’s attorney is entitled to recover if he prevails on behalf of his client.

National Employer Gets Tangled up by Differing State Standards 02-05-2019

Managing the Modern Workplace, February 5, 2019

Recent headlines involving Buzzfeed News highlighted the challenges that multi-state employers can have when some of their employees are subject to more employee-friendly state laws than others.

Scanning…Scanning…: Illinois Supreme Court Finds Plaintiffs are Not Required to Show Harm Under Biometric Data Privacy Act 01-31-2019

Managing the Modern Workplace, January 31, 2019

In Illinois, the state’s Supreme Court just issued a significant ruling regarding the state’s biometric information privacy act, holding that a plaintiff need not prove actual harm from improperly collected biometric data.

The Crazy Patchwork Quilt That is Independent Contractor Law 01-29-2019

Managing the Modern Workplace, January 29, 2019

Determining whether an individual providing services to a company is an independent contractor or an employee depends on many factors, some unusual and not typical for employment law questions. 

Silencing the Peanut Gallery: Is it Legal to Prevent Employees from Speaking to the Media? 01-24-2019

Managing the Modern Workplace, January 24, 2019

It is a common misconception that the First Amendment protects a person’s right to say whatever they want, whenever they want. 

The Modern Workplace In Mexico: On the Verge of Big Changes? 01-22-2019

Managing the Modern Workplace, January 22, 2019

While it seems much of the country and the U.S. government are fixated on the Texas – Mexico border, changes that are more important to U.S. companies may be happening further south in Mexico City.

When Doctors Disagree: Conflicting Medical Opinions In Return To Work Situations 01-17-2019

Managing the Modern Workplace, January 17, 2019

What are employers supposed to do when they receive conflicting medical opinions about the status of their employee’s ability to return to work?

Fear and Furloughing in the US: Federal Contractors and the Shutdown 01-15-2019

Managing the Modern Workplace, January 15, 2019

As the government shutdown extends into its fourth week, some federal contractors who have contracts with shut down or severely crippled government agencies have likely started seeing – or will begin seeing soon – the ripple effects of the shutdown.

Knowing Right From Wrong, From Hugs to Inappropriate Behavior: The International Impact of the #MeToo Movement 01-10-2019

Managing the Modern Workplace, January 10, 2019

Many of us have found the descriptions of the behaviors exposed during the #MeToo movement to be a truly troubling comment on U.S. workplaces. 

While the Brick Wall is Debated, An Electronic Wall Falls 01-08-2019

Managing the Modern Workplace, January 8, 2019

The Department of Homeland Security’s E-Verify system has become unavailable while the U.S. Government debates building a wall on the U.S. – Mexico border.

A Friendly Warning for Non-U.S. Citizens Who Rely on the U.S. Visa Waiver Program for Business Trips 01-03-2019

Managing the Modern Workplace, January 3

It has become so much more difficult to obtain U.S. visas for many non-U.S. citizens who wish to do business in the U.S. But even citizens who are eligible for the U.S. Visa Waiver program are discovering that entry into the United States is not always guaranteed.

California Dreamin’: What’s New in Employment Law on Such a Winter’s Day 12-26-2018

Managing the Modern Workplace, December 26, 2018

California employers saw many legal developments in state courts and the legislature this year.

In This Season, Our Business is for the Good of Everyone 12-20-2018

Managing the Modern Workplace, December 20, 2018

We here at Vinson & Elkins who write for and edit the Modern Workplace Blog wish to leave you with this thought for the holiday season.

A Tide Is Rising and It’s Called ESG 12-18-2018

Managing the Modern Workplace, December 18, 2018

A major challenge for corporate executives today is the rising tide of Environment, Social, and Governance (ESG) investing.

Silica in the Fracking Industry: It’s Not Just Your Contractor’s Problem 12-13-2018

Managing the Modern Workplace, December 13, 2018

While many refineries, chemical plants and manufacturing facilities rely on contractors to do some tasks, at most of these types of facilities, the operator’s employees usually outnumber the contractors.

In the Spirit of George H.W. Bush, an H1-B Pre-registration Immigration Proposal Worth Cheering 12-11-2018

Managing the Modern Workplace, December 11, 2018

The passing of President George H.W. Bush has me thinking about how different of a world we live in compared to when President Bush signed the Immigration Act of 1990 and, as he said, “opened the front door” on legal immigration.

The Big Uneasy (Part 2): Communicating with Managers about an RIF 12-06-2018

Managing the Modern Workplace Update, December 6, 2018

When top management is uneasy about the ongoing success of a company, rumors about the fallout of that uneasiness are hard to contain.

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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