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Insights Hero

Insights


Walmart Doesn’t “Save Money,” But It May “Live Better” After DOJ Agrees to Significant Concessions to Narrow Scope of its Corporate Monitorship 06-21-2019

V&E FCPA & Global Anti-Corruption Update, June 21, 2019

In a significant departure from previous practice, the Department of Justice (“DOJ”) imposed a corporate monitor on a company even after it engaged in extensive remedial measures and enhanced its compliance functions, but DOJ also agreed to narrow the scope, obligations and term of the corporate monitorship in what is the most meaningful example yet of how DOJ intends to implement its new policy on corporate monitors.

Rat Eradication – Inflated and Otherwise 06-20-2019

Managing the Modern Workplace, June 20, 2019

In late May, the New York Times ran a grim story entitled “Rats are Taking Over New York City,” talking about the onslaught of rats in New York and other major cities. In fact, a record 17,353 rat sightings had been reported to the city hotline in the last year. 

A New Day “Dawning”: Uptick in Dawn Raids by the United Kingdom Financial Conduct Authority 06-20-2019

V&E Government Investigations Update, June 20, 2019

No matter the regulator, a series of enforcement officials and agents appearing unannounced to conduct an investigatory raid of a company’s place of business may be most companies’ worst nightmare.

The Benchmark Litigation 5th Annual Women in Litigation Forum 06-20-2019

The Benchmark Litigation 5th Annual Women in Litigation Forum, sponsored by V&E, will take place this year on Thursday, June 20th in Palo Alto.

UT Law Conference on State & Federal Appeals 06-20-2019

V&E is again sponsoring UT Law's Conference on State & Federal Appeals. On June 20, partner Jeremy Marwell will review the Supreme Court of the Unites States' 2018 term and look ahead to the 2019 term commencing in October.

Supreme Court Says States and Feds Can Prosecute the Same Crime, Upholding the “Separate Sovereigns” Doctrine 06-19-2019

V&E Government Investigations Update, June 19, 2019

The Double Jeopardy Clause of the Fifth Amendment of the U.S. Constitution provides that no person shall “be subject for the same offence to be twice put in jeopardy of life or limb.” 

U.S. Department of Transportation Proposed Reauthorization of Pipeline Safety Programs Focuses on the Existing Mission of PHMSA 06-19-2019

V&E Environmental Law Update, June 19, 2019

On June 3, 2019, Secretary Elaine Chao of the U.S. Department of Transportation (“DOT”) proposed a reauthorization of the DOT’s pipeline safety programs at the Pipeline and Hazardous Materials Safety Administration (“PHMSA”) for four additional years.

FTC Report on over 200 Pharma Settlements Post-Actavis Shows Common Terms, Less “Compensation”; FTC Calls “Possible Compensation” Its “Next Frontier” 06-19-2019

V&E Antitrust Update, June 19, 2019

recent report issued by the FTC’s Bureau of Competition reveals that, in fiscal year 2016 (there is a lag in the FTC’s reporting), pharmaceutical companies filed a whopping 232 final settlement agreements resolving patent disputes between brand and generic manufacturers.

Why Does My Investor Relations Manager Need to Be in This Meeting? 06-18-2019

Managing the Modern Workplace, June 18, 2019

For public companies, whenever there is a change in leadership for whatever reason, an issue that must be addressed is whether the company needs to make a public filing disclosing the change. The company should evaluate the disclosure both from a regulatory compliance standpoint and an investor relations standpoint, carefully considering both the tone and content of the disclosure.

The Australian Digital Platforms Inquiry: Can Regulating Digital Platforms “Save” the Media Industry or Is It Fake News? 06-17-2019

First Published in ICARUS - Spring 2019 ABA Section of Antitrust Law Media and Technology Committee, April 2019

V&E lawyer Evan Miller summarizes Australia’s ongoing digital platforms inquiry.

Hate Speech and Incitement - Fifty Years after Brandenburg v. Ohio 06-17-2019

This program will explore the legacy of Brandenburg’s standard of “incitement to imminent lawless action,” the challenges that journalists face in covering controversial speakers and groups, the treatment of these speakers and groups by public institutions post-Charlottesville, and the heightened tensions between the right to speak and social media platforms’ right to censor, limit, or ban these speakers.

Employment Laws Also Apply to Your Household Caretakers 06-13-2019

Managing the Modern Workplace, June 13, 2019

When you are an employment lawyer who represents management, most of your clients are businesses that have human resources departments. From time to time, however, I am cornered by friends at ball games or cocktail parties who have questions about the individual caretakers who assist them in managing their house, children, and garden, or, for example, the home health aides who might take care of their parents. 

Opioid Manufacturer Files for Bankruptcy after Settling with DOJ 06-12-2019

V&E Government Investigations Update, June 12, 2019

On June 5, the Department of Justice announced that opioid manufacturer Insys Therapeutics (Insys) agreed to settle the government’s criminal and civil investigations into an illegal marketing scheme for Subsys, an opioid spray used by adult cancer patients. 

Time Is of the Essence: U.S. Supreme Court Rules That Failure-To-Exhaust Argument in Employment Discrimination Suits Can Be Waived If Not Timely Made 06-11-2019

Managing the Modern Workplace, June 11, 2019

On June 3, 2019, in Fort Bend County v. Davis, the Supreme Court held that federal courts can hear discrimination claims under Title VII of the Civil Rights Act, even if the worker alleging discrimination did not bring those claims first to the U.S. Equal Employment Opportunity Commission (“EEOC”) or an equivalent state-level workplace discrimination body.

Government Agencies Barred From AIA Patent Challenges, Said Supreme Court 06-11-2019

V&E IP Insights, June 11, 2019

On June 10, 2019, the U.S. Supreme Court held that a federal agency is not a “person” able to challenge the validity of a patent post-issuance under the Leahy-Smith America Invents Act of 2011 (the “AIA”).

Edison Electric Institute (EEI) 2019 Conference 06-09-2019

On Tuesday, June 11, V&E partner Margaret Peloso will speak on the panel "Taming Nature's Fury: Electric Companies and Extreme Weather Events."

BSEE Risk-Based Inspections: First Year Report and Second Year Expansion 06-07-2019

V&E Environmental and Natural Resources Update, June 7, 2019

In 2018, the federal Bureau of Safety and Environmental Enforcement (“BSEE”) commenced performance of a new investigatory program at oil and gas exploration and production facilities on the federal Outer Continental Shelf (“OCS”) in the Gulf of Mexico. Dubbed the Risk-Based Inspections (“RBI” or “risk inspections”) Program, this new investigatory tool is intended by BSEE to supplement its regular safety and environmental inspections.

Heritage Pharmaceuticals Under Fire, Settles Criminal and Civil Charges with DOJ 06-06-2019

V&E Antitrust Update, June 6, 2019

On May 30, 2019, the DOJ’s Antitrust Division charged Heritage Pharmaceuticals Inc., a generic pharmaceutical company, for conspiring with its competitors to fix prices, rig bids, and allocate customers. The one-count felony information, filed on May 30 in the Eastern District of Pennsylvania, alleges that from April 2014 to December 2015 Heritage conspired with other individuals and companies to fix and maintain prices of glyburide, a medicine used to treat diabetes.1 At the same time, the Antitrust Division and Heritage entered into a deferred prosecution agreement (“DPA,” explained below) to resolve the charge.

Does Your Company Have a Heat Policy? Have You Even Heard of Such a Thing? 06-06-2019

Managing the Modern Workplace, June 6, 2019

If you’ve never heard of a heat policy, you might not think that it could be relevant to your company. But with the rapidly evolving world of human rights law, you may need to think again if your employees, or the workers within your supply chains at home or abroad, operate in high-temperature environments.

Watch for Gathering Storms to Protect your Expatriates 06-04-2019

Managing the Modern Workplace, June 4, 2019

We are all concerned when we send an employee to a location where we know that the work circumstances and living conditions may not be the safest. However, we should also be concerned about those expatriates who have been working in locations that were considered safe when they were first given the foreign assignment. 

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.

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.

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."

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. 

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.

New Guidelines Reward Voluntary Self-Disclosure of FCA Violations and Cooperation with DOJ 05-30-2019

V&E Government Investigations Update, May 30, 2019

The U.S. Department of Justice (“DOJ”) announced this month its latest initiative to incentivize companies to voluntarily self-disclose potential False Claims Act (“FCA”) violations and to cooperate with DOJ during FCA investigations.1

Court Agrees With the FTC That Qualcomm’s “No License, No Chips” Policy Is No Good, Deeming It Impermissible Anticompetitive Conduct 05-30-2019

V&E Antitrust Update, May 30, 2019

In January 2017, the Federal Trade Commission sued Qualcomm in the Northern District of California, alleging that the company was violating U.S. antitrust laws by using its dominant market share in two cellular chip markets to extract unreasonably high royalty rates and anticompetitive licensing terms from device manufacturers.

Directors Must Heed SEC On Cybersecurity And Social Media 05-28-2019

First published by Law360, May 20, 2019

In recent years, the U.S. Securities and Exchange Commission has demonstrated an increased willingness to investigate and enforce violations of the federal securities laws arising from cybersecurity breaches and information disseminated through a company’s social media outlets, including by bringing actions directly against individual directors and officers.

Texas Legislature Punts on Privacy Act…For Now 05-28-2019

V&E Cybersecurity & Data Privacy Update, May 28, 2019

The Texas State Legislature ended its regular session on May 27, 2019, without passing the Texas Consumer Protection Act (TCPA) or the Texas Privacy Protection Act (TPPA).

Minority Report: San Francisco Bans Facial Recognition Tech Over Potential Bias, Privacy Concerns 05-23-2019

V&E Government Investigations Update, May 23, 2019

Privacy advocates in the Bay Area have cause for celebration after San Francisco became the first municipality in the United States to pass an ordinance barring the city’s use of facial recognition technology because of the “propensity [of] facial recognition technology [to] endanger civil rights and civil liberties” and “exacerbate racial injustice.”

BSEE 2019 Final Revisions to the Offshore Well Control Rule 05-22-2019

V&E Environmental and Natural Resources Update, May 22, 2019

On May 2, 2019, the federal Bureau of Safety and Environmental Enforcement (“BSEE”) announced final revisions to its Well Control Rule (“WCR”). BSEE proposed the revisions last year, as discussed in our previous publication.

FINRA Gives Broker-Dealers New Tips for Spotting Fraud and Money Laundering 05-22-2019

V&E Government Investigations Update, May 22, 2019

On May 6, 2019, the Financial Industry Regulatory Authority (FINRA) issued Regulatory Notice 19-18 to help broker-dealers recognize and report potential fraud and money laundering.

More Bang for the Antitrust Compliance Buck: Antitrust Division To Consider Preexisting Compliance Programs at the Charging Stage 05-22-2019

After more than a year of careful consideration, the “time has come” for the DOJ Antitrust Division to change its longstanding policy against giving companies credit for having preexisting robust corporate compliance programs in place at the time of the alleged misconduct.

Trademark Licensees Retain Their Rights to Use a Debtor’s Trademarks Despite the Debtor-Licensor’s Rejection of the Licenses 05-22-2019

V&E Restructuring & Reorganization Update, May 22, 2019

The question regarding whether a trademark licensee may continue to use a license after a debtor-licensor rejects the license in its bankruptcy case has now been answered.

Employment in the Energy Sector 05-20-2019

First published in Practical Law, May 2019

V&E counsel Martin Luff discusses employment in the oil and gas sector and the power and renewable energy sector.

Brace Yourself: DOJ Demonstrates it Can Adapt to Technological Advances in Healthcare Industry 05-15-2019

V&E Government Investigations Update, May 15, 2019

Although it is sometimes difficult for regulators to keep pace with innovation, telemedicine — the use of telecommunication and information technology to provide medical care remotely — is both rapidly evolving and under intense scrutiny.

Clarity for Crypto: Commissioner Peirce wants the SEC to Refine Fintech Regulation 05-15-2019

V&E Government Investigations Update, May 15, 2019

On May 9, 2019, SEC Commissioner Hester M. Peirce delivered a speech via video conference to the Securities Enforcement Forum lamenting the Commission’s failure to develop meaningful regulation in the realm of cryptocurrency and emphasizing the need for clear regulation that would be meaningful and not overly burdensome.

Supreme Court Expands Potential Scope of Antitrust Lawsuits Against Platforms 05-15-2019

V&E Antitrust Update, May 15, 2019

On May 13, the Supreme Court held in Apple v. Pepper,1 that anyone with a direct relationship with the alleged violator can sue for damages under the federal antitrust laws. 

Federal Cybersecurity Regulations Pose New FCA Risk to Defense Contractors 05-15-2019

V&E Government Contracts Update, May 15, 2019

Defense contractors who falsely claim that they are compliant with federal cybersecurity acquisition regulations may face liability under the False Claims Act (“FCA”) in light of a recent decision from the Eastern District of California. 

Federal Circuit Turns Down Competitor Standing Argument for IPR Appeals 05-14-2019

V&E IP Insights, May 14, 2019

On May 13, 2019, the Federal Circuit held that an IPR petitioner may not use the competitor standing doctrine to establish Article III standing in an appeal of a PTAB decision where the petitioner has no present or nonspeculative interest in engaging in conduct covered by the patent claims at issue.

The Impact of the Decision in Triple Point Technology on the FIDIC and IChemE Standard Forms 05-14-2019

V&E International Dispute Resolution Update, May 14, 2019

In the recent decision of Triple Point Technology, Inc v PTT Public Company Ltd [2019] EWCA Civ 230, the Court of Appeal considered the extent to which liquidated damages are recoverable in the event of termination and attempted to reconcile a string of inconsistent case law.

OFAC's Economic Sanctions Compliance Framework Signals Focus on Risk-Based Compliance 05-10-2019

V&E Exports Control & Economic Sanctions Update, May 10, 2019

The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) released a comprehensive framework on five essential components of an economic sanctions compliance program.  

Investigation Outsourcing: When Do Companies Become Arms of the State? 05-09-2019

V&E Government Investigations Update, May 9, 2019

A recent decision by a district judge in the Southern District of New York demonstrates that when a company’s outside counsel conducts an investigation in connection with a government investigation of the company, the Government’s involvement in shaping, directing and relying upon that investigation will be closely scrutinized.1

SEC Proposes Changes to Financial Statement Requirements for Acquisitions 05-09-2019

V&E REIT Update, May 9, 2019

On May 3, 2019, the SEC proposed rules to amend Rule 3-14 of Regulation S-X, which sets forth the financial statement requirements relating to acquisitions of real estate operations, and Rule 3-05 of Regulation S-X, which sets forth the financial statement requirements relating to acquired businesses that are not real estate operations.

Recent Enforcement Trends: Healthcare and Life Sciences Sector 05-07-2019

V&E Government Investigations & White Collar Criminal Defense Update, May 7, 2019

Produced by the firm’s Government Investigations & White Collar Criminal Defense practice, the Vinson & Elkins Recent Enforcement Trends: Healthcare and Life Sciences Sector report provides a comprehensive analysis of developments specific to the Healthcare and Life Sciences industry.

Pink Hair in the Workplace 05-09-2019

Managing the Modern Workplace, May 9, 2019

A few months ago, I was having lunch with a good friend who — although she is not an employment lawyer — likes to get my thoughts on current workplace issues. As we ate our pizzas, my friend wanted to talk about the Millennial receptionist at her office who had showed up earlier that morning having dyed her hair bright pink.

Under Pressure: Public Companies and Disclosures About Their Employees 05-07-2019

Managing the Modern Workplace, May 7, 2019

There is growing pressure on public companies to disclose information about their employees. At the end of March, for example, the SEC’s Investor Advisory Committee recommended that the SEC recognize the significance of human capital management and incorporate disclosures about employees in the SEC’s standard disclosure requirements.

“This is My Information and You Can’t Have It” – Breaking Down Information Walls in the Workplace 05-02-2019

Managing the Modern Workplace, May 2, 2019

I recently heard a story about a company that created a new division as a result of a technology advancement and ran into a problem –– a “wall,” if you will. The problem was that, in its nascent state, the technology that was going to be used by this new division had been previously “owned” by the IT department. 

BOEM Announces Increased Civil Monetary Penalties for 2019 05-01-2019

Environmental Blog

As has been reported on in the past, federal agencies with oversight over offshore regulated activities, including oil and gas exploration and production operations, continue to increase the maximum civil penalty amounts they may assess for violations of applicable law, with the federal Bureau of Ocean Energy Management (“BOEM”) being the latest agency to do so.

Professionals and Managers as Shift Workers 04-30-2019

Managing the Modern Workplace, April 30, 2019

What if companies and firms made flexible work mandatory for all?  What if everyone was given a “shift” to work and knew that otherwise, they were not to respond to the constant emails or calls, but rather could rely upon their “shift relief” to answer?  Would the result be a more fair workplace for all with equality in opportunity and compensation?

The Supreme Court All But Ends Classwide Arbitration, Delivering A Win For Employers 04-25-2019

Managing the Modern Workplace, April 25, 2019

When most employers think about arbitration with their employees, they think about arbitrating the claims of one employee at a time.

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.

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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