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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 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.

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. 

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.

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?”

Public Company Consolidations: What You Need to Know 03-20-2019

Energy Series Logo - Mini Thumbnail - 50px WideV&E partners discussed recent trends and hot topics relating to consolidation transactions involving public companies.

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.

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."

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.

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.

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.

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. 

DOJ Fans the Flames in Support of Plaintiffs Suing Former Employers in Private Antitrust Fray 03-12-2019

Managing the Modern Workplace, March 12, 2019

The Department of Justice Antitrust Division (the “DOJ”) recently put its thumb on the scale in favor of plaintiffs with respect to the standard to be applied in antitrust litigation involving purported “no-poach” agreements among competing employers.

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”).

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. 

National Foundation for Judicial Excellence 2018 Judicial Symposium 07-20-2018

V&E partner John Elwood will serve as a speaker at the National Foundation for Judicial Excellence's (NFJE) 2018 Judicial Symposium. He will speak on "Deciding to Decide: Selecting Cases for the Discretionary Docket."

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).

Texas-Israel Chamber of Commerce Cyber Security Conference 05-31-2018

V&E partner Devika Kornbacher will serve as a panelist on the topic "How Government and the Private Sector Cooperate on Cyber Security Threat Management."

University of Texas Law Technology Law Conference 05-24-2018

V&E is sponsoring UT Law's Technology Law Conference.

WorldatWork 2018 Total Rewards Conference & Exhibition 05-21-2018

On Tuesday, May 22, V&E partner Shane Tucker will speak on a panel titled "How to Design the Right Performance-Based Incentive Plan for Your Organization."

Turnaround Management Association's (TMA) Healthcare Restructuring Panel Discussion 05-17-2018

V&E is proud to sponsor Turnaround Management Association’s Healthcare Restructuring Panel Discussion. V&E partner Bill Wallander is serving as Moderator on the panel. 

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.

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.

Meet the New Fraud, Same as the Old Fraud: 10th Circuit Holds Anti-Fraud Provisions of Securities Act Once Again Apply Abroad 02-20-2019

V&E Government Investigations Update, February 20, 2019

On January 24, 2019, the Tenth Circuit held in SEC v. Scoville that the antifraud provisions of the federal securities laws once again have extraterritorial application, providing the government new ammunition as it seeks to expand the reach of federal securities laws.1

Introducing Government Investigations & White Collar Criminal Defense Report - Part 1 02-20-2019

V&E Government Investigations & White Collar Criminal Defense Update, February 20, 2019

Over the past year, the Technology Sector has faced a lot of developments in the government enforcement landscape.

The Federal Trade Commission Issues 2019 Annual Updates to the United States Pre-Merger Notification (HSR) and Interlocking Directorates Thresholds 02-19-2019

V&E Antitrust Transactional Update E-communication, updated March 4, 2019

The Federal Trade Commission (FTC) has revised the thresholds that govern pre-merger notification requirements under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR Act), as well as the thresholds for interlocking directorates under Section 8 of the Clayton Act.

10 Risk Areas For Companies Operating Internationally 02-08-2019

V&E FCPA Update, February 8, 2019

10 Risk Areas For Companies Operating Internationally

#Youvebeenserved: Instagram Influencers Subpoenaed in Fyre Festival Bankruptcy 02-06-2019

V&E Government Investigations Update, February 06, 2019

Last week, the trustee for Fyre Festival LLC’s bankruptcy estate received court authorization to serve subpoenas on 24 individuals and companies connected to the failed music festival, including agencies representing the social media influencers who were instrumental in promoting the event.

Texas Supreme Court Affirms Vinson & Elkins LLP's “Win for The Little Guy” 02-01-2019

V&E Condemnation Update, February 1, 2019

After a six-year "fight" over compensation owed for taking 3,200 square feet of land from their family-owned Action Collision Repair facility in Little Elm, Texas, the Texas Supreme Court recently affirmed the trial court's Judgment in favor of Steve and Kim Morale for $1.064 million. 

Ultra Petroleum: Fifth Circuit Signals Make-Whole Premiums Unenforceable in Bankruptcy 01-31-2019

V&E Restructuring and Reorganization Updates, January 31, 2019

On January 17, 2019, the Fifth Circuit Court of Appeals issued an opinion holding that a creditor whose rights have been affected by operation of the Bankruptcy Code may nevertheless be “unimpaired” under a chapter 11 plan of reorganization.

Uncle Sam on Social Media: Lawsuit Accuses the Government of Abusive Surveillance 01-30-2019

V&E Government Investigations Update, January 30, 2019

Individuals and companies frequently use social media as a platform to share thoughts and connect with others. But do we know who is following and how they are using our data?

Supreme Court Holds that AIA’s “On Sale” Bar Applies to Confidential Commercial Sales 01-30-2019

V&E IP Insights, January 30, 2019

On January 22, 2019, the Supreme Court held that a confidential commercial sale of an invention can qualify as prior art under 35 U.S.C. § 102(a).

Think Before Using That Powerpoint: Recent Subpoena Highlights Risk 01-25-2019

V&E Government Investigations Update, January 25, 2019

When companies cooperate with investigations by government agencies, there are inherent risks with disclosing information, including the potential for unintentional waiver of the privileges protecting communications between companies and their attorneys and the work product that attorneys create.

Delaware Chancery Court Rejects Conflicted Officer’s Invocation of Corwin 01-24-2019

V&E Securities Litigation and Enforcement Update, January 24, 2019

Recently in In re Xura, Inc. Stockholder Litigation, the Delaware Chancery Court denied a motion to dismiss a claim for breach of fiduciary duty brought against a merger target company’s CEO, alleging that he orchestrated the company’s sale to a particular bidder in order to secure his position post-merger, which he stood to lose if the transaction did not occur.1

Fingerprints as Testimony: Federal Court Rejects Government Request to Compel Use of Biometrics to Open Digital Devices 01-23-2019

V&E Government Investigations Update, January 23, 2019

A magistrate judge in the Northern District of California recently held that compelling people to use their fingerprints, facial recognition, or “any other biometric feature” to unlock electronic devices is a violation of the Fifth Amendment’s protection against self-incrimination.

Colorado Supreme Court Affirms COGCC Role In Fostering Oil and Gas Development 01-17-2019

V&E Shale Insights, January 17, 2019

On January 14, 2019, the Colorado Supreme Court issued an opinion in Colorado Oil and Gas Conservation Commission (“COGCC”) v. Martinez, No. 17SC297, clarifying the role of the COGCC in implementing the Colorado Oil and Gas Conservation Act (the “Act”).

At Solicitor General’s Request, Supreme Court Closes Door in Gilead Sciences, Inc. v. United States ex rel. Campie 01-17-2019

V&E False Claims Act Update, January 17, 2019

Following the Solicitor General’s recommendation, on January 7, 2019, the Supreme Court rejected Gilead Sciences’ (“Gilead”) petition for review of a Ninth Circuit decision allowing a False Claims Act (“FCA”) case against Gilead to move forward.

The UK says “Show Me the Money” with its Unexplained Wealth Orders 01-17-2019

V&E Anti-Money Laundering Update, January 17, 2019

The British Government has begun using a powerful weapon it recently added to its anti-money laundering arsenal, the Unexplained Wealth Order (“UWO”). 

Court Backs Facebook’s Refusal to Comply with Criminal Defendant’s Subpoena 01-11-2019

V&E Government Investigations Update, January 11, 2019

Must companies that provide electronic communication services, like Facebook, comply with a subpoena from a criminal defendant?

It May Be Time to Change How we View the FCPA’s Books and Records Provision 01-10-2019

V&E FCPA Update, January 10, 2019

When first introduced to the tenets of the FCPA, there are two apparently unassailable doctrinal boundaries: (1) the FCPA concerns bribe payments made to foreign government officials (not private parties); and (2) the FCPA concerns paying not receiving a bribe. But the SEC’s recent use of the “books and records provision” (15 U.S.C. §78m) tests how steadfast those tenets are.

Bank Secrecy Act’s First Prosecution of a Broker-Dealer 01-10-2019

V&E White Collar Update, January 10, 2019

Late last month, federal prosecutors announced the first criminal prosecution against a U.S. broker-dealer under the Bank Secrecy Act (“BSA”).

Developments in Governance and Disclosure: Winter 2018-2019 Supplement 01-10-2019

V&E Corporate Governance Update, January 10, 2019

In this release, V&E governance professionals supplement our Winter 2018-2019 quarterly governance update with five recent governance developments.

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.

The Big Uneasy: How Do I Plan for a Potential Reduction in Force? 11-29-2018

Managing the Modern Workplace Update, November 29, 2018

We have heard you. While the economy seems to be humming along, there is an uneasiness in the stock markets and in energy prices. 

Many New York Employees May Be Legally Entitled to a Raise 11-27-2018

Managing the Modern Workplace Update, November 27, 2018

In the last few months, I have been inundated by questions from my New York clients about the new sexual harassment training and policy requirements.

Round Three: The Pennsylvania Supreme Court Agrees to Review Briggs in Deciding Whether the Rule of Capture Defeats a Claim of Trespass for Drainage Arising from Hydraulic Fracturing 11-26-2018

Environmental Blog

On November 20, 2018, the Pennsylvania Supreme Court agreed to review the April 2018 intermediate appellate court decision, Adam Briggs et al. v. Southwestern Energy Production Company, which held that the “rule of capture” did not bar a claim for trespass when an operator’s hydraulic fracturing activity resulted in the drainage of gas from an adjoining tract that was not a part of the operator’s lease.

Being Thankful for the Good Employees 11-20-2018

Managing the Modern Workplace Update, November 20, 2018

In 1863, while the Civil War raged across our country, President Lincoln established Thanksgiving as a federal holiday.

The Smoke has not Cleared When it Comes to Testing Employees for Marijuana Use 11-15-2018

Managing the Modern Workplace Update, November 15, 2018

In a recent post, we discussed how several states now prohibit employers from discriminating against employees who use marijuana for medical purposes.

To Arbitrate or Not, That is the Debate 11-13-2018

Managing the Modern Workplace Update, November 13, 2018

We recognize that many employers — and likely many readers of this blog — have implemented arbitration programs for addressing disputes with employees by including those provisions in employment agreements or in their employee handbook.

Is My Dress Code Policy Discriminatory? 11-08-2018

Managing the Modern Workplace Update, November 8, 2018

“Leonard works as a clerk typist for a large employer. He likes to wear jewelry, and his attire frequently includes earrings and necklaces. 

Seeking Balance: OSHA Reconsiders its Opposition to Safety Incentive Programs 11-06-2018

Managing the Modern Workplace Update, November 6, 2018

How does an employer incentivize employees to operate safely but not interfere with the reporting of workplace incidents?

The Art of Constructive Criticism in the Workplace 11-01-2018

Managing the Modern Workplace Update, November 1, 2018

Most human resources managers will tell you that the thing that frustrates them the most are supervisors who complain about employees without having previously discussed their concerns with the employees themselves.

There is an OSHA Inspector in the Lobby — Now What? 10-30-2018

Managing the Modern Workplace Update, October 30, 2018

A trend is developing among OSHA inspectors around the country for those inspectors, when investigating a worksite in response to a reported injury, to try to inspect the facility far beyond the limited circumstances of the injury itself.

Deal Due Diligence: Addition of International Human Rights 10-25-2018

Managing the Modern Workplace Update, October 25, 2018

The United Nations Working Group on the issue of human rights issued guidance last week on international corporation due diligence.

Can I Fire Someone for Getting High at Home? 10-23-2018

Managing the Modern Workplace Update, October 23, 2018

Testing for marijuana use has been a staple of drug testing for years. Because marijuana is still listed as a Schedule I drug (no currently accepted medical use) by the federal government, many employers assume they can terminate any employee who tests positive for marijuana use.

Mentor Fail: #MeToo No Excuse 10-18-2018

Managing the Modern Workplace Update, October 18, 2018

Last Saturday, I was at the luggage return of George Bush Intercontinental Airport in Houston after a long business trip to Rome.

Not All Animals are Created Equal (Under the ADA) 10-16-2018

Managing the Modern Workplace Update, October 16, 2018

I recently saw a story about a woman trying to board a plane with a squirrel. You might think that’s nutty, but United Airlines reports that requests for emotional support animals increased by 77% last year.

OSHA Still Serious About Silica in the Fracking Industry 10-11-2018

Managing the Modern Workplace Update, October 11, 2018

When asked to speak on safety and OSHA issues at Vinson & Elkins’ Eighth Annual Hydraulic Fracturing Symposium last week, I knew that one subject would dominate my presentation. 

The Cyber Risks Your Employees May Be Creating 10-09-2018

Managing the Modern Workplace Update, October 9, 2018

An unlocked work computer gets left in a hotel room. A link or attachment gets opened in an email that looks like it’s coming from the boss, but isn’t. An employee is promoted to a position with access to vast amounts of sensitive information — no background check has ever been done.

Lesson Learned: Class Waiver Provision Saves Uber in FLSA Misclassification Cases 10-04-2018

Managing the Modern Workplace Update, October 4, 2018

A major battle is being waged in California over the business model of ride share companies — and by proxy, the future of the gig economy (we have discussed the ongoing challenges facing the gig economy, especially in California, here and here).

Simply Because OSHA Says Something is RAGAGEP Doesn’t Make it So 10-02-2018

Managing the Modern Workplace Update, October 2, 2018

Over six years ago, two colleagues and I tried a month-long trial in the federal courthouse in downtown Detroit, in which we challenged 65 Process Safety Management (“PSM”) citations that OSHA had issued to a large petroleum refinery in Ohio.

What Employers Should Learn From Omarosa 09-27-2018

Managing the Modern Workplace Update, September 27, 2018

Loyalty to one’s employer is a fast disappearing quality it seems and it is not hard to imagine the following scenario: After terminating an especially difficult employee, you have learned that she has posted derogatory comments on social media about you (the person who terminated her), your company and your company’s product.

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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