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Insights


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.

Banning the Box on those Old Job Application Forms 05-21-2019

Managing the Modern Workplace, May 21, 2019

While employment lawyers like myself — and the EEOC — have long cautioned employees against automatically asking job applicants about their criminal history, few companies would think twice (absent advice of learned counsel) about asking “Have you ever been convicted of a felony or a misdemeanor?” on their standard job application forms.

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. 

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.

Executives Behaving Badly: Applying the “Musk Principles” 05-16-2019

Managing the Modern Workplace, May 16, 2019

The SEC recently sought to have Elon Musk, CEO of Tesla, Inc., held in contempt because Musk tweeted that “Tesla made 0 cars in 2011, but will make around 500k in 2019,” followed by a second tweet in which he wrote “Meant to say annualized production rate at end of 2019 probably around 500k, ie 10k cars/week. Deliveries for year still estimated to be about 400k.”

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 Gig Economy In The Crosshairs: The Ninth Circuit Extends Dynamex Retroactively 05-14-2019

Managing the Modern Workplace, May 14, 2019

The battle over the gig economy continues on the West Coast. The Ninth Circuit in Vazquez v. Jan-Pro Franchising International, Inc., held that the California Supreme Court’s test to determine whether a worker is an independent contractor or an employee, has retroactive effect.

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.  

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.

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.

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.

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.

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.

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.

Preparing for and Managing Risks Involved with Cross-Border Investigations 09-20-2018

Energy Series Logo - Mini Thumbnail - 50px WideThree former prosecutors will walk us through the government investigation process, from examining the types of events that trigger an investigation to negotiating a settlement.

American Bar Association Business Law Section Annual Meeting 09-13-2018

V&E partners Manuel Berrelez and Devika Kornbacher will speak at this year’s ABA Business Law Section Annual Meeting on Friday, September 14.

5th Annual Women in Litigation Forum – New York Benchmark Litigation 09-05-2018

V&E counsel Jennifer Freel is a speaker on the panel, “Creating a Great Legal Workplace,” at the 5th Annual Women in Litigation Forum.

Insuring M&A Transactions | A&D Strategies and Opportunities Conference and Workshop – Hart Energy Conferences 09-05-2018

V&E counsel Sarah Mitchell is a panelist at the roundtable, “Insuring M&A Transactions” which will delve into the role of insurance in securing that value by reducing business risks, which can range from aborted deals to assumption of unwanted liabilities to sub-par returns.

The Nuts and Bolts of Representations and Warranties Insurance in M&A Transactions 09-05-2018

In this LIVE Webcast, V&E counsel Sarah Mitchell will join a seasoned panel of thought leaders and professionals brought together by The Knowledge Group to provide an in-depth analysis of the fundamentals as well as recent developments in representations and warranties insurance in M&A Transactions.

29th Annual Labor and Employment Law Institute 08-24-2018

V&E Labor & Employment lawyers Chris Bacon and Phileda Tennant are presenting at the State Bar of Texas' 29th Annual Labor and Employment Law Institute, a two-day course on the latest Labor and Employment topics and trends.

Bi-Monthly Cartel & Criminal Practice Update 07-30-2018

V&E lawyers Craig SeebaldLindsey Vaala, and Ryan Will will report on recent Antitrust division enforcement actions and related litigation, policy updates, international coordination, and other important developments in criminal antitrust law. 

Competition Developments in Brazil, the US and EU – What Brazilian Counsel and Companies Need to Know 07-13-2018

BMA and V&E are co-sponsoring a forum on Competition Developments in Brazil, the US and EU in BMA's São Paulo office on July 13, 2018. V&E partner, Hill Wellford, will be presenting alongside BMA partners Marcos Exposto and José Inacio Ferraz de Almeida Prado Filho.

The C2 Summit: Winning US Government Contracts Worldwide & Networking Event 06-28-2018

V&E Counsel, Jamie Tabb, will be a panelist at the C2 Summit: Winning US Government Contracts Worldwide & Networking Event in Dubai.

TowerXchange Meetup Americas 2018 06-20-2018

V&E partner Robert Dixon will chair the roundtable discussion "Swift and Effective Evaluation of M&A Opportunities in New Markets."

4th Annual GAR Live Energy Disputes 06-14-2018

Vinson & Elkins is pleased to be sponsoring the 4th Annual GAR Live Energy Disputes. The event will feature a series of thought provoking panel discussions and a networking lunch, and will conclude with a drinks reception from 5:40 p.m. onwards. 

2018 Kayo Women’s Energy & Resources Summit 06-13-2018

V&E partners Caroline Blitzer Phillips, Sarah Morgan, and Lina Dimachkieh will each speak on panels on Wednesday, June 13th and Thursday, June 14th at the conference in Houston.

National Investor Relations Institute Annual Conference 06-10-2018

On Sunday, June 10th, V&E's Steve Gill and Patrick Gadson will present, "What to Do When the Barbarians Are At Your Gate: A Shareholder Activism Bootcamp" at the NIRI Annual Conference in Las Vegas.

34th Annual Texas Federal Tax Institute 06-06-2018

V&E partner David Cole will speak on “Managing Information Requests in an IRS Audit" on Wednesday, June 6 at 2:00 p.m. 

31st Annual Environmental, Health & Safety Seminar 06-04-2018

V&E’s Emergency Response & Crisis Management practice is proud to sponsor the 31st Annual Environmental, Health & Safety (EHS) Seminar coordinated by the Texas Chemical Council (TCC) and Association of Chemical Industry of Texas (ACIT) in collaboration with the Louisiana Chemical Association (LCA) and the Louisiana Chemical Industry Alliance (LCIA).

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.

V&E Sponsors Inaugural Kayo Women’s Real Estate Investment Summit 2017 04-24-2017

V&E was a gold sponsor of Kayo’s inaugural Women’s Real Estate Investment Summit, which took place Monday, April 24th and Tuesday, April 25th in Brooklyn. With over 60 speakers and approximately 200 attendees from 18 states and four countries, the summit showcased diverse perspectives on trends in the real estate and hospitality sectors, with an exciting focus on the experiences of women professionals in the industry.

Patents in the “Age of Experience”: Valuable Property Right or Useless Relic? 04-11-2017

IP Series Logo - Mini Thumbnail - 50px WideIt is not news that technology has permeated and revolutionized practically every industry on the planet. While 25 years ago, the dawn of the internet ushered in the “Information Age,” we now find ourselves at the dawn of what some have dubbed the “Experience Age.”

V&E / Risk Assistance Network + Exchange (RANE) Energy Investment Roundtable 03-02-2017

The energy sector’s recovery from a historic decline in oil prices in 2016 has driven renewed interest in the sector’s investment opportunities. Further fueling this interest is rising demand and advances in technology that are yielding significant cost reductions in the way oil and gas are developed and produced.

Energy Technology Roundtable 02-23-2017

This program addressed technology’s growing impact on the oil and gas industry. The panel discussed cutting edge technologies that are currently impacting the oil and gas industry, the origins and the future of oil and gas technology as well as certain legal and commercial issues to consider when investing in, working with, and/or acquiring energy technology companies.

Alternative Capital: 144A Equity Offerings and Special Purpose Acquisition Companies (SPACs) 02-22-2017

Energy Series Logo - Mini Thumbnail - 50px WideThis program covered alternatives to traditional forms of capital raising, including 144A Equity Offerings and Special Purposes Acquisition Companies (SPACs). The presentation looked at recent market trends and precedents in such financings.

Environmental Citizens' Suit Defense: Preparing for "Private Attorneys General" in the Trump Administration 02-07-2017

Energy Series Logo - Mini Thumbnail - 50px WideAs the Trump Administration advances its agenda, several environmental NGOs will look to make good on their pledge to rely on citizen suit statutes to accomplish their public policy priorities. These groups hope to achieve judicial rulings on environmental theories that may not be endorsed by either the legislative or executive branches, while also being reimbursed for their efforts.

An MLP Update: The Final Regulations on Qualifying Income and Recent Delaware Supreme Court Opinions 01-25-2017

Energy Series Logo - Mini Thumbnail - 50px WideOn January 19, 2017, the Treasury Department and the IRS released final regulations providing guidance on the treatment of income from natural resource activities of publicly traded partnerships as qualifying income for purposes of section 7704(d)(1)(E) of the Internal Revenue Code.

Patent in the High Court 2016-2017 01-24-2017

IP Series Logo - Mini Thumbnail - 50px WideIn this presentation, we previewed TC Heartland LLC v. Kraft Foods Group Brands LLC and Impression Products, Inc. v. Lexmark International and discussed the issues and potential outcomes. We also took one additional step and discussed what these cases may mean to the business of law.

The Times They Are A-Changin’: Energy Policy in the Trump Administration 01-24-2017

U.S. oil and gas policy may undergo substantial change in the next administration. Federal rules governing methane emissions, the leasing of government lands, exports, and much more could be revised in the coming years. 

Preparing for an IPO: Market Update, Process and Timeline 11-09-2016

Energy Series Logo - Mini Thumbnail - 50px WideIn this program, V&E attorneys discuss recent IPO activity in the energy space, the IPO timeline and process overview, issues that arise during the IPO process, financial statement and structuring considerations, and governance matters.

MLP Qualifying Income and Market Update 09-14-2016

Energy Series Logo - Mini Thumbnail - 50px WideThis program will cover the status of the proposed qualifying income regulations and 2016 MLP capital markets transactions, with a focus on institutional preferred equity.

Energy REITs and Real Estate MLPs 07-13-2016

Energy Series Logo - Mini Thumbnail - 50px WideThis presentation introduced V&E’s new nationally recognized team of Real Estate Investment Trust (REIT) lawyers to the firm’s clients, and explored the corporate and tax similarities between master limited partnerships (MLPs) and REITs.

MLP Simplifications, Roll-Ups, and Recapitalizations 03-09-2016

Energy Series Logo - Mini Thumbnail - 50px WideIn this presentation, V&E attorneys cover sponsor acquisitions of MLPs, MLP acquisitions of GPs and IDRs, and subordinated unit restructurings.

Key Considerations in Distressed Upstream M&A 02-17-2016

Energy Series Logo - Mini Thumbnail - 50px WideIn this program, attorneys from V&E’s Corporate and Bankruptcy practices provide strategic and practical issues to consider when acquiring oil and gas properties from distressed, insolvent and bankrupt sellers.

Alternative Sources of Capital Raising in a Distressed Market 01-13-2016

Energy Series Logo - Mini Thumbnail - 50px WideThis program covers alternative sources of capital raising in a distressed market, including private master limited partnerships (private MLPs), private investments in public equity (PIPEs), preferred offerings to private equity investors and the retail public (private and retail preferred offerings), and MLP consolidations (MLP roll-ups).

MLP 101 10-14-2015

Energy Series Logo - Thumbnail - 125x120This program covers the typical organizational and capital structure of MLPs, governance and accounting issues, and a primer on tax considerations and qualifying income.

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 Contracts 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.

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

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.

OSHA can now Cite Texas, Louisiana and Mississippi Employers for Violations to Which Only Other Employer’s Employees are Exposed 12-04-2018

Managing the Modern Workplace Update, December 4, 2018

Since 1999, OSHA has taken the position that it can cite any employer who has general supervisory authority over a worksite, including those with power to correct or require correction of safety and health violations even if its own employees were not exposed to the hazard.

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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