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The Trouble With Emojis 03-08-2019

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

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

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

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

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

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

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

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

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

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

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

Why Should HR Professionals Pay Attention to the International Trade Agreements? 03-07-2019

Managing the Modern Workplace, March 07, 2019

As you may know, the United States, Canada, and Mexico negotiated a new trade agreement in November 2018 titled the United States–Mexico–Canada Agreement (USMCA), which is intended to replace NAFTA.

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

V&E Government Investigations Update, March 06, 2019

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

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

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

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

Mind the Gap: Middle Management’s Critical Role in Compliance 03-05-2019

Managing the Modern Workplace, March 05, 2019

In order to effectively drive a culture of ethical conduct, companies must ensure that compliance priorities set by executive leadership extend to even the lowest level employees.

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

V&E IP Insights, March 05, 2019

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

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

V&E IP Insights, March 05, 2019

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

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

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

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

Parlor Talks at V&E Featuring Charles F. Robinson 02-28-2019

Please join Vinson & Elkins in a conversation with Charles Robinson.

Living Just as Free as Their Hair... Under Your Workplace Grooming Policy 02-28-2019

Managing the Modern Workplace, February 28, 2019

In the eight years since Lady Gaga first sang that she lives “just as free as her hair,” workplace race discrimination issues related to hair grooming policies have become more prominent. 

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

V&E Government Investigations Update, February 27, 2019

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

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

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

How to Do a 30-Minute FLSA Compliance Self-Audit 02-26-2019

Managing the Modern Workplace, February 26, 2019

Avoiding slipping up on the FLSA’s rules and regulations is notoriously difficult, both for small businesses as well as large companies with sophisticated HR and legal teams. If your business hasn’t looked recently at its wage and hour practices, use our quick checklist to performing a high-level, 30-minute desk audit to identify some of the most common blind spots that might need further review. 

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

V&E Government Investigations Update, February 21, 2019

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

Economics and Necessity May Create Corporate Alliances, But Antitrust Can Put Them Asunder 02-21-2019

Managing the Modern Workplace, February 21, 2019

With apologies to President Kennedy’s prosaic description of alliances, antitrust issues — if not properly managed — can make alliances the source of legal issues.

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."

North American Petroleum Accounting Conference (NAPAC) 05-17-2018

North American Petroleum Accounting Conference (NAPAC) brings petroleum industry professionals together for two days of intense and important educational sessions enhanced by lively, productive discussions.

How to Stay Out of Federal Prison, and Other Helpful Tips 05-16-2018

Michael Ward, VP & Chief Compliance Officer at Juniper Networks, and V&E partners Matt Jacobs and Jessica Mussallem will share insights about the Yates Memo, in addition to how corporate leaders can minimize liability risks for themselves and their companies in light of the expanding attention on corporate and individual misconduct.

UT Law’s 25th Annual Labor and Employment Law Conference 05-10-2018

Sean Becker, head of V&E’s Labor & Employment practice, is leading a session entitled, “Anti-SLAPP for Employment Lawyers” at UT Law’s 25th Annual Labor and Employment Law Conference, a premier program on employment law practice in Texas. 

Popcorn & Principles XVI: More Fun at the Movies 05-10-2018

Nothing is more important to a lawyer's long-term success than a fundamental understanding of the rules of professional conduct. 

Tax Executive Institute – Houston Chapter 05-09-2018

V&E is proud to sponsor upcoming Tax Executive Institute (TEI) Tax School sessions.

National Association of Women Lawyers (NAWL) Dallas Conference 05-03-2018

V&E is a proud Ruby sponsor of the National Association of Women Lawyers (NAWL) Dallas Conference, taking place May 3 in Dallas, TX.

Tax Planning for Domestic & Foreign Partnerships, LLCs, Joint Ventures & Other Strategic Alliances 2018 05-01-2018

V&E partner Gary Huffman is speaking at the Practising Law Institute (PLI): Tax Planning for Domestic & Foreign Partnerships, LLCs, Joint Ventures & Other Strategic Alliances programs in Chicago and New York.

Annual In-House Symposium 04-27-2018

Hosted By Association of Corporate Counsel (ACC) - Dallas - Fort Worth Chapter

V&E is a Silver Sponsor of the Association of Corporate Counsel (ACC) Dallas - Fort Worth (DFW) Chapter's Annual Symposium, and V&E has two distinct speaking roles at this conference.

#MeToo in the Energy Industry 04-26-2018

Energy Series Logo - Mini Thumbnail - 50px WideThe #MeToo movement presents unique challenges not only for human resources managers and general counsel, but also for boards that are increasingly recognizing the reputational damage that can be caused by workplace complaints. This presents special challenges for the energy industry.

Drill, Baby, Drill: The Federal Oil & Gas Lease Program in the Trump Administration 04-24-2018

The Federal government is a key economic actor in the energy industry as the lessor of drilling rights in territorial waters and on almost 650 million acres of land. When the Federal oil and gas lease program makes news headlines, it frequently elicits passionate reactions.

2018 Kayo Women's Real Estate Summit 04-23-2018

V&E is once again a proud sponsor of the 2018 Kayo Women's Real Estate Summit, taking place April 23rd and 24th in Washington D.C. 

MLP Transitions: Understanding the Process and Critically Evaluating the Long-Term Costs and Expected Benefits of Simplifications, Roll-ups and Conversions 04-19-2018

V&E attorneys will describe several recent transactions in which MLPs are converting into corporations, eliminating IDRs or combining into a single public entity. 

TowerXchange Meetup Europe 2018 04-17-2018

Vinson & Elkins is pleased to be sponsoring the TowerXchange Meetup Europe 2018. TowerXchange is the primary thought leadership body in the global telecom tower industry. 

Government Contracting Summit 04-13-2018

V&E counsel, Jamie Tabb, will be a panelist in the “OTAs: No FAR Doesn't Necessarily Mean No Problems” session. 

2018 CFO University 04-13-2018

Hosted by Financial Executives International

On Friday, April 13, the Houston Chapter of Financial Executives International (FEI) is hosting its 2018 CFO University. 

GAR Live Construction Disputes 04-12-2018

Vinson & Elkins is pleased to be sponsoring Global Arbitration Review’s GAR Live Construction Disputes conference in Paris. The conference offers a unique opportunity to explore and discuss key themes with top construction disputes focussed practitioners and arbitrators from around the world.

Equilar Compensation Committee Forum 03-20-2018

Equilar and Nasdaq are excited to offer a one-day program for public company compensation committee members, chief HR and senior-level compensation executives, general counsel, and corporate secretaries.

2018 J.B. & Maurice C. Shapiro Environmental Law Symposium: The Public Trust Doctrine in the 21st Century 03-15-2018

Join The George Washington University Law School, the Journal of Energy and Environmental Law, GW Environmental & Energy Law Association, and the Environmental Law Institute for a symposium on the Public Trust Doctrine in Washington, DC.

Shareholder Activism: Managing & Mitigating Risks in 2018 03-06-2018

V&E partner Lawrence Elbaum (CCL/NY) will join Shaun Bisman, Principal, Compensation Advisory Partners and Gillian Emmett Moldowan, Counsel, Compensation, Governance & ERISA, Shearman & Sterling LLP for The Knowledge Group’s live webcast.

Tax Executive Institute – Houston Chapter Tax School 02-27-2018

On February 27, V&E Tax lawyers Megan James and Julia Pashin will speak on a panel titled, “Upstream Oil and Gas Like-Kind Exchange Transactions after Tax Reform,” at the upcoming Tax Executive Institute (TEI) Tax School.

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 Energy and Chemicals Antitrust Report 01-07-2019

V&E Antitrust Update, January 7, 2019

Produced by the firm’s nationally recognized antitrust practice, the Vinson & Elkins Energy and Chemicals Antitrust Report provides a comprehensive analysis of antitrust developments specific to the energy and chemical industries. The Report also provides merger enforcement data over the last decade specific to these industries.

District Court Tells Government to Show Its Work in Challenge to Its Role in Internal Investigation 12-27-2018

V&E White Collar Update, December 27, 2018

Department of Justice prosecutors face new scrutiny concerning their role in Deutsche Bank’s internal investigation as an employee recently convicted of wire fraud for improper efforts to affect the London Interbank Offered Rate (“LIBOR”) attempts to overturn his conviction.  

Company Data Breaches Lead to Enforcement Actions 12-21-2018

V&E Cybersecurity Update, December 21, 2018

Contacting legal counsel as soon as possible following discovery of a data breach can increase a company’s ability to comply with various state and local laws.

Rarely Used Korean Foreign Bribery Statute Could See Increased Enforcement 12-20-2018

V&E FCPA and Global Anti-Corruption Update, December 20, 2018

Last week, SeungJoo Lee of the Korean Prosecution Service, who is currently a Secondee Investigator with the World Bank Integrity Vice Presidency, suggested that Korean prosecutors may bring more cases under the Act on Preventing Bribery of Foreign Public Officials in International Business Transactions (“FBPA”) — a departure from this statute’s rare use over the past two decades.

DOJ Signals Renewed Focus on Interlocking Directorates 12-20-2018

V&E Government Investigations Update, December 20, 2018

Last week, the DOJ’s Antitrust Division signaled a renewed focus on interlocking directorates — situations where competing corporations have common officers or directors.

European Union Strengthens European Banking Authority’s AML Supervisory Power 12-20-2018

V&E Anti-Money Laundering Update, December 20, 2018

On December 19, 2018, the European Union reached a preliminary deal that would strengthen the European Banking Authority’s (“EBA”) ability to combat money laundering.

Current Trends in Directors and Officers Liability Insurance 12-20-2018

First published in NACD BoardTalk, November 14, 2018

Directors and officers increasingly face personal exposure from litigation risk, regulatory investigations, and shareholder activism, but the right program of directors and officers (“D&O”) liability insurance can reduce such exposure.

Lessons for Directors from the Cross-Border Arrest of a Chinese CFO 12-20-2018

First published in NACD BoardTalk, December 19, 2018

On December 1, Meng Wanzhou, the chief financial officer (CFO) of Chinese telecommunications giant, Huawei Technologies, was arrested by Canadian authorities at the request of the United States.

Russia 12-19-2018

First Published in Oil and Gas Law Review on Russia, 2018

With Proven oil reserves of more than 109 billion barrels and natural gas of over 32 million cubic meters (according to BP's Statistical Review of World Energy 2018), Russia is a major global producer, supplier and consumer of oil and gas.

Jury Convicts on Both Bites at the Apple in FCPA Case 12-14-2018

V&E FCPA and Global Anti-Corruption Update, December 14, 2018

FCPA cases infrequently make it to trial. But, on December 5, 2018, a jury convicted Chi Ping “Patrick” Ho on seven counts related to his participation in bribery schemes involving officials of Chad and Uganda.

Government Once Again Sidesteps Ruling on its Role in Internal Investigation 12-13-2018

V&E Government Investigations Update, December 13, 2018

The government (yet again) avoided having a district court rule that it had turned a private company into an arm of the state.

Federal Regulators Urge Banks to Use Innovative Tech Tools to Improve Bank Secrecy Act and Anti-Money Laundering Compliance Efforts 12-11-2018

V&E Anti-Money Laundering Update, December 11, 2018

On December 3, 2018, a group of U.S. banking regulators issued a joint statement encouraging banks to use innovative approaches to enhance their Bank Secrecy Act and anti-money laundering (BSA/AML) compliance efforts.

Solicitor General Wants to Close Door, Open Window For False Claims Act Defendants 12-10-2018

V&E False Claims Act Update, December 10, 2018

The United States Solicitor General recently filed an amicus brief with the Supreme Court in a False Claims Act (“FCA”) case arising out of the Ninth Circuit in which it recommended that the Court leave in place a lenient standard of materiality articulated by the Ninth Circuit.

Hiring Executives: Find #MeToo Problems Before It’s Too Late 12-07-2018

First published by American Media & Entertainment Counsel, “Screening Applicants for #MeToo Problems” Fall 2018

While sexual harassment has been a longstanding problem in America's workplaces, it's not an issue that typically preoccupies governing boards in either the corporate or non-profit sectors. Historically, human resources managers and in-house lawyers have handled most sexual harassment complaints - even the rare cases that have gone to trial - without ever notifying their companies' boards. That is no longer the case.

DOJ’s Spotlight on China May Shed Light on More than Intended 12-05-2018

V&E Foreign Corrupt Practices Act Update, December 5, 2018

2018 has seen the United States and China trade a number of blows before a preliminary accord was reached between Presidents Donald Trump and Xi Jinping earlier this week.

How Much Protection Does My Protective Order Provide? 12-04-2018

V&E White Collar Update, December 4, 2018

A recent brouhaha about the disclosure of Facebook’s confidential material to the UK’s House of Commons shines a spotlight on the tenuous protection granted to materials produced in discovery.

Government Contractors Beware: DOJ Signals Increased Use of Parallel Criminal and Civil Antitrust Remedies in Cases where Government is the Victim 12-04-2018

V&E White Collar Update, December 4, 2018

On November 14, the Department of Justice’s Antitrust Division announced a resolution in a noteworthy case that marks the use of Section 4A of the Clayton Act for only the fourth time in decades.

Walmart Discounts Prior Investigation, Pays Big 12-04-2018

V&E White Collar Update, December 4, 2018

On October 26, Walmart announced a $160 million settlement with a class of shareholders who sued the company for disclosing too little too late about possible FCPA violations.

DOJ Announces Revised Policy Reflecting Move Away from Yates Memo 12-04-2018

V&E White Collar Update, December 4, 2018

On November 28, 2018, speaking at the American Conference Institute’s 35th International Conference on the Foreign Corrupt Practices Act (“FCPA”), Deputy U.S. Attorney General Rod Rosenstein announced changes to the Department of Justice’s (“DOJ” or “Department”) policy on individual accountability in corporate cases.1

Mark Kelly talks about his firm’s culture and the ‘boomerang effect’ 11-30-2018

First published in The Legal 500, November 8, 2018

Vinson & Elkins’ Chairman talks about the ‘V&E family’ and why he believes it makes a huge difference in the firm’s ability to attract and retain talent.

Can Calls from an Ordinary Cellphone Trigger TCPA Liability? Maybe. 09-27-2018

High-Tech Law & Litigation Blog

While spam calls and texts are becoming more sophisticated, courts have disagreed about what types of “automatic telephone dialing system[s]” are limited by the Telephone Consumer Protection Act of 1991 (“TCPA”). On September 20, 2018, the Ninth Circuit adopted a surprisingly broad interpretation of autodialer: a device can be considered an autodialer even in the absence of the statutorily specified “random or sequential number generator.”

Is There Fault With Your No-Fault Attendance Policy? 09-25-2018

Managing the Modern Workplace Update, September 25, 2018

Some employer attendance policies use a tally system where employees accrue “points” for absences or tardiness. If an employee hits a certain number of points, disciplinary action is taken.

DOJ to Prosecute Employers for Discriminating Against Americans by Hiring Foreign Workers 09-20-2018

Managing the Modern Workplace Update, September 20, 2018

As previously discussed here and here, this administration appears to be doing everything it can to enforce President Trump’s “Buy American and Hire American” executive order, by making it more difficult for employers to get work visas.

Do You Know Where Your Affirmative Action Plan Is? 09-18-2018

Managing the Modern Workplace Update, September 18, 2018

It usually begins like this. A client receives a letter from a very good customer asking to certify that the client is in compliance with Executive Order 11246, the 1965 Executive Order which established requirements for non-discriminatory practices in hiring and employment on the part of U.S. government contractors.

Don’t Just Read—Subscribe! 09-14-2018

Labor & Employment Blog

Now for a little shameless self-promotion. As a reader, I am sure that you have noticed that we blog on a wide range of employment and other workplace-related issues, writing with an eye for practical application.

No, You Don’t Have To Pay Employees During Their Yoga Classes: The FLSA and Wellness Programs 09-13-2018

Labor & Employment Blog

It’s no secret that the cost of healthcare in the United States is rapidly rising. Many employers are trying to reduce these costs for their employees by offering wellness programs that lower insurance premiums.

Juror Bias in the Trump Era? 09-11-2018

Labor & Employment Blog

I have tried many employment discrimination cases since the Civil Rights Act of 1991 allowed for jury trials.

New York Issues Guidance on New Sexual Harassment Law’s Requirements 09-06-2018

Labor & Employment Blog

Earlier this year, I discussed New York State’s new sexual harassment law, which goes into effect on October 9, 2018.

New Colorado Statute Provides Data Protection Guidance for Employers in the Centennial State and Beyond 09-04-2018

Labor & Employment Blog

On September 1st, a new data protection law took effect in Colorado. The statute requires Colorado employers to implement procedures to protect and eventually destroy employees’ personally identifiable information, and it expands employers’ notification requirements if employees’ information is compromised as the result of a data breach.

Screening Executive Applicants for “#MeToo” Problems 08-30-2018

Labor & Employment Blog

A few weeks ago in this blog, my colleague Martin Luff discussed how buyers of businesses are increasingly using “Weinstein reps” in corporate transactional agreements in order to ensure that they are not acquiring companies that might be especially vulnerable to harassment litigation which could result in a financial or reputational liability.

Doing Business in Massachusetts? Time to Revisit Your Non-Competes. 08-28-2018

Labor & Employment Blog

I have been a member of the Massachusetts Bar for 20 years and, even though I have lived in Texas since 2005, I still get calls about Massachusetts non-compete agreements from time to time.  In the wake of the state’s recent passage of a lengthy — but not entirely clear — non-compete statute, I expect those calls will become more frequent.

Fifth Circuit Opinion Confirms Federal Courts Closed for Cleanup Claims Against the State of Texas; State Courts Still an Option? 08-24-2018

Environmental Blog

In a recent opinion, United States Oil Recovery Site Potentially Responsible Parties Group (“USOR Site PRP Group”) v. Railroad Commission of Texas, No. 17-20361, 2018 WL 3649653, (5th Cir. Aug. 1, 2018) the United States Court of Appeals for the Fifth Circuit confirmed that sovereign immunity bars claims in federal court by private parties against states and state agencies under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA” or “Superfund”), 42 U.S.C. § 9601 et seq.

Little Mistakes Could Have Big Consequences for Visa Applicants 08-23-2018

Labor & Employment Blog

Following a trend we have seen since President Trump took office, the U.S. Citizenship and Immigration Services (“USCIS”) recently issued new guidance making it more difficult for applicants — and potentially more expensive for employer sponsors — to get work visas.

Undisclosed Personal Use of Company Perks by Executives Draws SEC Enforcement Action 08-21-2018

Labor & Employment Blog

In an unusual enforcement action, on July 2, 2018, the Securities and Exchange Commission (“SEC”) announced that Dow Chemical Company (“Dow”) agreed to settle charges relating to “inadequate” perquisite disclosures in their SEC filings from 2011 through 2015.

Doing Background Checks Right (Part Three) 08-16-2018

Labor & Employment Blog

When talking about background checks in the first two parts of this series, we focused our attention on “consumer” or “investigative” reports an employer might obtain from a third-party company that specializes in doing background checks.

Look Before You Leap — “Weinstein Reps” in Corporate Transactions 08-14-2018

Labor & Employment Blog

As Louis Brandeis observed, sunlight is said to be the best of disinfectants. The exposure and discussion prompted by the #MeToo movement has shone a cleansing light on the issue of sexual harassment in the workplace.

Why is Litigation so Expensive? 08-09-2018

V&E Labor & Employment Blog

Those of us who spend time in litigation have often heard clients question why litigation has become so expensive.

Collision Course: Colorado Initiative #108 Seeks to Blunt Private Property Owners’ Damages Occasioned by State and Local Government Through Initiative #97 08-08-2018

Environmental Blog

A petition for ballot Initiative #108 was submitted to the Colorado Secretary of State in advance of the August 6, 2018 deadline for proposals to be considered for inclusion on Colorado’s general election ballot on November 6, 2018.

Colorado Initiative #97: The Petition Beats the Deadline but is it Enough? 08-07-2018

Environmental Blog

The Office of the Colorado Secretary of State confirmed on Monday, August 6, 2018 that a petition for ballot Initiative #97 was turned in by the deadline period and will be considered for inclusion on the November 6, 2018 general election ballot.

Doing Background Checks Right (Part Two) 08-07-2018

V&E Labor & Employment Blog

After complying with all of the procedural requirements of the Fair Credit Reporting Act, what are you going to do about that five-year old DWI conviction, the two-year old bad check conviction, or that very recent assault conviction that your recent star college grad applicant pled guilty to after getting into a barroom fight during Spring Break in his junior year?

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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