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EPA Enforcement Trends and New Limits on Agencies’ Use of Non-regulatory Guidance 11-21-2019

Energy Series Logo - Mini Thumbnail - 50px WidePatrick Traylor, partner in the Environmental & Natural Resources Group, will present a CLE drawing from his experience as Deputy Assistant Administrator for the U.S. Environmental Protection Agency’s Office of Enforcement and Compliance Assurance (OECA). He will address this Administration’s national compliance initiatives, its policy on coordination between the federal government and states, and the challenges and opportunities facing the energy industry.

DOJ Antitrust Division Intervenes in Private No-Poach Class Action to Obtain Right to Enforce Settlement Agreement 11-20-2019

On November 9, 2019, the DOJ Antitrust Division issued a press release detailing its role in the resolution of a private no-poach class action against Duke University and the University of North Carolina for their alleged agreement not to compete for each other’s medical faculty.

Governments Are Feeding on Facebook Data: Report Shows Recent Rise in Official Requests for User Information 11-20-2019

For the period between January and June 2019, Facebook received 128,617 requests for user data from various government entities—16% above the 110,634 requests in the period between July and December 2018.1

Bearing Arms Part II: Firearms Policy Safety Considerations 11-19-2019

Managing the Modern Workplace, November 19, 2019

In our last installment on state regulation of employers’ firearms policies, found here, we discussed the legal boundaries that Texas imposes on firearms policies generally. Today, we turn towards some of the safety considerations an employer may weigh when they are choosing what kind of policy they will implement.

Exxon Climate Securities Litigation 11-18-2019

Climate Change Blog

The office of New York Attorney General Letitia James filed a complaint against ExxonMobil (“Exxon”) in October 2018 in New York state court. The case alleges a violation of New York’s Martin Act, which provides the attorney general broad powers to investigate financial fraud.

How Companies Can Respond to the Boom in FCPA Enforcement Fueled by International Cooperation 11-15-2019

First published by Anti-Corruption Report, October 30, 2019

In this article, V&E partner Ephraim "Fry" Wernick and V&E associate Pete Thomas explain what is behind the dramatic rise in coordinated prosecutions between the United States and foreign authorities and what this means for multinational companies with business operations around the world.

International Chamber of Commerce Chilean Arbitration Day 11-15-2019

V&E counsel Jose Sanchez will speak on a panel at the International Chamber of Commerce Chilean Arbitration Day being held in Santiago, Chile on Friday, November 15th.

One Tweet, and the World Is at Your Door 11-14-2019

Managing the Modern Workplace, November 14, 2019

Recent events show that all it takes is one tweet from even a midlevel manager of a company to create an international incident. 

Navigating a Government Investigation 11-13-2019

Energy Series Logo - Mini Thumbnail - 50px Wide

In this session, V&E attorneys shared critical lessons to help boards, audit committees, general counsel and compliance officers through the thicket of a government investigation. 


SEC Enforcement Report Signals Increased Enforcement, Lingering Limitations from Kokesh 11-13-2019

Last week on November 6, 2019, the SEC Enforcement Division released its annual report on the Commission’s enforcement activities for the fiscal year.

Second Circuit Considers Reach of Bribery Laws Beyond U.S. 11-13-2019

On November 7, 2019, a Second Circuit panel1 heard oral argument on whether the use of United States wire services in effecting a bribery scheme is enough, without more, to pull defendants within the scope of U.S. criminal honest-services wire fraud statutes.2

Miami Technology and Intellectual Property Arbitration Seminar 11-13-2019

The Global Legal Studies Initiative at Florida International University College of Law, the Miami International Arbitration Society and the Silicon Valley Arbitration and Mediation Center will be hosting the first Miami Technology and Intellectual Property Arbitration Seminar on Wednesday, November 13th from 8:00 AM to 1:30 PM EST.

United States of America (USA) Delos Guide To Arbitration Places (GAP) 11-12-2019

First Published in Delos Dispute Resolution, November 12, 2019

The United States is one of the most sought-after arbitration venues in the world. The United States is known for vigorous enforcement of arbitral awards, neutral dispute resolution, and judicial preferences in favor of arbitration. 

SEC’s Proposed Proxy Process Amendments Would Give ISS a Taste of Its Own Medicine 11-12-2019

V&E SEC Update, November 13, 2019

On November 5, 2019, a divided Commission voted on two proposed rule amendments:  Amendments to Exemptions from the Proxy Rules for Proxy Voting Advice (the “Proxy Advisory Proposed Rules”) and Procedural Requirements and Resubmission Thresholds under Exchange Act Rule 14a-8 (the “Rule 14a-8 Proposed Rules”).  

Bearing Arms Part I: Texas Tips on Implementing a Lawful Firearms Policy 11-12-2019

Managing the Modern Workplace, November 12, 2019

For three years, Texas law has allowed folks with a concealed license the right to carry their firearms openly. Texas continues to expand the rights of gun owners.

American Bar Association National Enforcement Conference 11-12-2019


Nareit REITworld: 2019 Annual Conference 11-12-2019

V&E is a silver sponsor of REITworld, Nareit's 2019 Annual Conference taking place in Los Angeles from November 12 through November 14.

American Institute of Certified Public Accountants' (AICPA) Oil & Gas Conference 11-11-2019

Partner Jason McIntosh and Senior Associate Brian Russell will speak at AICPA's Oil & Gas Conference on "Tax Considerations on the Acquisition and Disposition of Midstream and Upstream Assets: Avoid the Big Traps."

Good Air Pollution Control Practice Enforcement—It’s a Real Thing 11-07-2019

Environmental Blog

In September 2019, a federal district court in Massachusetts ordered  the owner of a fuel storage terminal to pay $1.2 million in civil penalties for violations of the Clean Air Act and the Clean Water Act.

Requirements for Lactation in the Workplace Continue to Evolve 11-07-2019

Managing the Modern Workplace, November 7, 2019

States (and cities) across the country are increasing protections for employees that are lactating. Effective January 1, 2020, a new California law amends and broadens pre-existing requirements for employers’ accommodations of lactating employees, as well as the penalties for non-compliance. 

Independent Petroleum Association of America's (IPAA) Oil & Gas Investment Symposium 04-08-2019

V&E partners Mingda Zhao and Brenda Lenahan will join representatives from Ernst & Young on a panel addressing "Valuation Creation and Strategic Exit Readiness" at the Independent Petroleum Association of America (IPAA)'s Oil & Gas Investment Symposium in New York.

Tax Executives Institute (TEI) 2019 Mid-Year Conference 04-01-2019

On April 1, V&E partner Gary Huffman will speak as a co-panelist on "The New Limitation on the Deduction for Business Interest Expense Under Section 163(j)" at the Tax Executives Institute's 2019 Mid-Year Conference.

31st Annual International Law Institute 03-28-2019

Vinson & Elkins senior associate Rob Landicho will moderate the International Arbitration panel at the 31st Annual International Law Institute on Thursday, March 28.

Nareit REITwise: 2019 Law, Accounting & Finance Conference 03-26-2019

V&E partner Chris Mangin will speak on "Partnership Tax Issues" on Wednesday, March 27th at Nareit's REITwise: 2019 Law, Accounting & Finance Conference in San Antonio.

Trade Association Antitrust Compliance: Safety in Numbers? 03-25-2019

V&E Partner Hill Wellford will speak on a panel titled “Trade Association Antitrust Compliance: Safety in Numbers?” at the ABA spring meeting session on Thursday, March 28.

Antitrust Law 2019 Spring Meeting 03-25-2019

V&E will be taking part in the American Bar Association Antitrust Law 2019 Spring Meeting. 

Advocating Before the Agencies: White Papers & Meetings 03-22-2019

V&E Partner Darren Tucker will speak on a panel titled “Advocating Before the Agencies: White Paper & Meetings” at the ABA spring meeting session on Wednesday, March 27.

Climate Leadership Conference 03-20-2019

On Wednesday, March 20, V&E partner Margaret Peloso will speak on the panel "Navigating the Burgeoning Climate Disclosure Landscape."

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

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

Women Corporate Directors' 2019 Asia Pacific Institute: Resilient Leadership for a Disruptive Era 02-21-2019

V&E IP partner, Jennifer Chen, will be attending the Women Corporate Directors' 2019 Asia Pacific Institute program on February 21-22, 2019 in Tokyo, Japan at The Westin Tokyo.

ABA Forum on Communications Law 24th Annual Conference 01-31-2019

V&E again sponsored ABA’s annual Forum on Communications Law Conference, which took place January 31 - February 2, 2019.

Texarkana Main Event CLE 2019 01-30-2019

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

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

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

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

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

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

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

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

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

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

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

TowerXchange Meetup Asia 2018 12-04-2018

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

REITworld: 2018 Annual Conference 11-07-2018

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

CAIL Conference on Intellectual Property Law 11-01-2018

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

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.

Corporate and MLP Securities Litigation 01-21-2015

Energy Series Logo - Mini Thumbnail - 50px WideLitigation challenging the fairness of M&A transactions involving MLPs (and LLCs) has remained strong. The presentation will review recent case law regarding investment banking fairness opinions, conflicts of interest, and adequacy of disclosures in proxy or registration statements.

MLP 201 11-18-2014

The course will cover advanced MLP topics, including a discussion of qualifying income considerations and international MLP assets, with a brief update on the recent IRS private letter ruling pause.

EPA Issues Supplemental Proposed Rulemaking That Will Increase the Burdens of Non-Exempt Refiners Beginning in 2020 11-04-2019

Environmental Blog

Making good on President Trump’s promise to corn-growing farmers, on October 28, 2019, the U.S. Environmental Protection Agency (EPA) published a supplemental notice of proposed rulemaking (Supplemental Proposal) that will effectively increase the renewable fuel obligations of non-exempt refiners and other obligated parties beginning in compliance year (CY) 2020. 

Are English-Only Policies Legal? 10-31-2019

Managing the Modern Workplace, October 31, 2019

As someone who grew up in Mexico City in a home where three languages were spoken (I spoke Spanish with my brother and my friends, French with my mother, and English with my father), I have never been uncomfortable in a workplace where employees might speak in a foreign language, even one that I don’t speak.

U.K.’s SFO Recognizes Expectation that Compliance Functions Will be Insulated from Routine Cost Cutting Pressures 10-30-2019

Sarah Lawson, the General Counsel of the U.K.’s Serious Fraud Office (“SFO”), recently emphasized that corporate compliance functions must be well resourced and that the SFO expects such programs should be insulated from routine cost-cutting pressures. 

One Agency in Washington is Definitely on the Job 10-29-2019

Managing the Modern Workplace, October 29, 2019

If your company is a federal contractor, do not assume that the current administration is uninterested in enforcing discrimination laws. In fact, the Office of Federal Contract Compliance Programs (OFCCP) has collected record amounts from government contractor employers during the Trump administration. 

California Criminalizes Arbitration Agreements 10-24-2019

Managing the Modern Workplace, October 24, 2019

On October 10, 2019, California Governor Gavin Newsom signed a law that prohibits employers from requiring any applicant or employee “waive any right, forum or procedure for a violation of any provision of the California Fair Employment and Housing Act.”

Data Without Borders: The U.S. and UK Sign CLOUD Act Agreement Making it Easier to Gather Electronic Evidence 10-24-2019

The United States and the United Kingdom recently entered the first ever CLOUD Act Agreement, which aims to streamline the process by which either government can collect electronic evidence located in the other country.

When Onboarding New Employees, Keep An Eye on Privilege Issues 10-22-2019

Managing the Modern Workplace, October 22, 2019

There are a lot of good folks out there who might help your company but who have noncompete agreements or other restrictions in agreements with their current or recent employers. To decide whether to hire such employees, you may decide that you should review their agreement, have discussions with them about the restrictions, and maybe even reach out to their prior employer. 

With New Inability-to-Pay Guidance, DOJ Offers Transparency and More Flexibility to Companies Seeking Lower Fines and Penalties 10-21-2019

V&E Government Investigations Update, October 21, 2019

A new Department of Justice (“DOJ”) policy provides for additional transparency and long-needed guidance to prosecutors who often evaluate inability-to-pay claims by companies facing substantial criminal fines and penalties.

Changes to the Treatment of Agency Guidance — Implications for Regulated Companies and Government Contractors 10-21-2019

V&E Government Contracts Update, October 21, 2019

On October 9, 2019, President Trump issued the Executive Order on Promoting the Rule of Law Through Improved Agency Guidance Documents (the “Order”).

Texas Publishes Proposed Safety Rules for Rural Gathering Pipelines 10-18-2019

Environmental Blog

The Railroad Commission has formally proposed rules that would add safety requirements for rural gathering pipelines. 

Approved! NLRB Okays Workplace Policies on Media Contact and Confidentiality 10-18-2019

Managing the Modern Workplace, October 18, 2019

Last Thursday, the NLRB approved a pair of workplace rules in a decision related to the protection of proprietary client and vendor lists and limits on who may speak to the media on the employer’s behalf. The Board grounded its decision in a common sense reading of the text of the workplace rules, finding that neither rule could reasonably be read to limit any protected activity, despite some minor points of textual ambiguity.

Don’t Get “Pulled-In”: Marvell Fined by SEC for Failing to Disclose Aggressive Sales Plan 10-17-2019

The SEC recently entered into a settlement with Marvell Technology Group, Ltd., based on Marvell’s manipulation of revenue reported in the company’s public statements.

Launch of the United Nations Principles for Responsible Banking 10-16-2019

On September 22, 2019, 130 banks signed onto the United Nations’ newly launched Principles for Responsible Banking (the “Principles”).

‘Data is Today’s Gold’: California AG Announces Proposed CCPA Regulations to Quell the Data Rush 10-16-2019

V&E Cybersecurity & Data Privacy Update, October 16, 2019

On October 10, 2019, the California Attorney General, Xavier Becerra, published proposed regulations (the “Regulations”) designed to clarify the California Consumer Privacy Act (the “CCPA”).

Ninth Circuit Grapples with Agency Positions First Raised in Litigation 10-15-2019

First published by Tax Notes Today, September 16, 2019

In this article, the authors discuss two recent cases that question how much weight courts should give an agency’s position that is first raised in litigation

Reading the Gay Tea Leaves at the Supreme Court 10-15-2019

Managing the Modern Workplace, October 15, 2019

Last Tuesday, the Supreme Court heard oral arguments on the first LGBTQ rights cases to be heard by the Court since the 2015 gay marriage case. 

Improve Your Company’s Health Through Information Management 10-14-2019

Today’s business environment involves more information than ever before, along with more regulations, rules, and risks associated with information management.

What the Dramatic Rise in FCPA Enforcement Means for M&A 10-14-2019

A recent expansion by the DOJ to its FCPA Corporate Enforcement Policy (CEP) has gone largely unnoticed, but provides new incentives for companies to self-report misconduct discovered after a merger or acquisition, while raising the specter of increased exposure for companies and executives who sell assets tainted by corruption.

Amazon Pitches Facial “Rekognition” Law to Feds 10-11-2019

On Wednesday, September 25, at a surprise appearance after a product event in Seattle, Amazon CEO Jeff Bezos revealed that the company’s public policy team is drafting proposed regulations for facial recognition technology, with plans to share them with the federal government.

What U.S. Investors Need to Know About Mexican Labor Law 10-10-2019

Managing the Modern Workplace, October 10, 2019

If you are a human resources manager or an in-house labor lawyer for a U.S. company that is doing business or contemplating doing business in Mexico, you do need to be aware of key differences between U.S. and Mexican labor laws. 

Cyber-insurance 101: The Basics 09-30-2019

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.

Protecting Data in Unlikely Places 09-25-2019

Intellectual Property partner Devika Kornbacher discusses how to protect your company data in unlikely places.

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. 

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.

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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