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Insights


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

V&E Government Investigations Update, May 15, 2019

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

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

V&E Government Investigations Update, May 15, 2019

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

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

V&E Antitrust Update, May 15, 2019

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

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

V&E Government Contracts Update, May 15, 2019

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

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

V&E IP Insights, May 14, 2019

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

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

Managing the Modern Workplace, May 14, 2019

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

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

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

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

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

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

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

Pink Hair in the Workplace 05-09-2019

Managing the Modern Workplace, May 9, 2019

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

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

V&E Government Investigations Update, May 9, 2019

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

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

V&E REIT Update, May 9, 2019

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

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

Managing the Modern Workplace, May 7, 2019

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

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

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

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

Popcorn & Principles XVII: More Order in the Court 05-07-2019

Popcorn & Principles XVII, More Order in the Court is a fun and interactive review of several key principles found in the rules of professional conduct.

8th Annual Private Equity US Spring Forum 05-06-2019

V&E partner Robert Seber will be conducting an interview with Chuck Davis, CEO of Stone Point Capital at the 8th Annual Private Equity US Spring Forum in New York City on Monday, May 6th.

Updated DOJ Guidance Provides Useful Roadmap for Implementing and Enhancing Corporate Compliance Programs 05-02-2019

V&E Government Investigations Update, May 2, 2019

On Tuesday, the U.S. Department of Justice released perhaps the most comprehensive guidance to date on how prosecutors evaluate the design, implementation, and effectiveness of corporate compliance programs in making charging decisions, framing sentencing recommendations, and determining whether on-going corporate compliance obligations, such as the imposition of a monitor, may be necessary as part of any enforcement resolution.

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

Managing the Modern Workplace, May 2, 2019

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

ITC Trial Lawyers Association Event 05-02-2019

V&E partner Steve Borgman will speak on the overlap and interplay of International Trade Commission and federal court litigation at an event organized by the ITC Trial Lawyers Association and the IP Law Section of the State Bar of Georgia.

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

Environmental Blog

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

DOJ Announces First Criminal Charges Against a Distributor in the Fight Against Opioids 05-01-2019

V&E Government Investigations Update, May 1, 2019

Last week, the U.S. Department of Justice took an important step in the fight against opioid abuse, announcing the first criminal charges against a pharmaceutical distribution company for its part in perpetuating the opioid crisis by ignoring red flags of abuse.

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. 

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.

2017 Kayo Women’s Energy Investment Conference 06-12-2017

Vinson & Elkins proudly sponsors Kayo Women’s Energy Investment Conference in Houston. This event brought together two hundred of the energy industry’s leading figures across multiple sectors, including oil & gas, metals and mining, and alternative fuels.

Governance and Disclosure: 2017 Season Lessons, 2018 Season Expectations 05-10-2017

Energy Series Logo - Mini Thumbnail - 50px WideIn this program, we discussed key 2017 governance and disclosure developments and trends, including proxy access developments, proxy advisory firms policy changes, executive compensation trends, conflict minerals developments, shareholder proposal trends and recent SEC guidance.

Hunting Pirates at the ITC: A Cost-Effective Approach to Brand Protection 05-09-2017

IP Series Logo - Mini Thumbnail - 50px WidePiracy is one of the larger threats to brand owners. Going after pirates can be costly and traditional fines from Customs & Border Patrol do little to deter the brazen pirate.

Cybersecurity Preparedness for the Energy Industry 04-28-2017

Energy Series Logo - Mini Thumbnail - 50px WideThis panel discussion with representatives from the infrastructure, public relations and insurance fields discussed the metes and bounds of being “cyber-secure” in today’s energy business.

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

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

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

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

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

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

Energy Technology Roundtable 02-23-2017

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

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

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

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

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

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

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

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

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

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

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

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

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

MLP Qualifying Income and Market Update 09-14-2016

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

Energy REITs and Real Estate MLPs 07-13-2016

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

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

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

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

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

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

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

MLP 101 10-14-2015

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

Will Size Matter? Ninth Circuit Agrees to Review Certification of Largest-Ever Antitrust Class Action 03-26-2019

V&E Antitrust Update, March 26, 2019

On September 27, 2018 a federal judge in the Northern District of California certified what is likely the largest class action ever in In re Qualcomm Antitrust Litigation, No. 17-MD-02773 (N.D. Cal. Sept. 27, 2018).

The Texas Lawbook: Texas IPO Activity in 2018 and 2019 Preview 03-21-2019

First published in The Texas Lawbook, March 14, 2019

V&E lawyers Ramey LayneJessica Lewis and Alexandra Lewis give their take on 2018 Texas IPO Activity and what to expect in 2019.

Are Illegal Funds Fueling the Real Estate Market? Initiatives to Deter Money Laundering Lead to Increased Scrutiny and Higher Fines 03-21-2019

V&E Anti-Money Laundering Update, March 21, 2019

On March 4, 2019, a British customs agency raided 50 real estate agencies and announced the largest fine ever imposed in the U.K. for money laundering violations in the real estate market.

DOJ Updates FCPA Cooperation Credit Policy for M&A 03-20-2019

V&E FCPA and Global Anti-Corruption Update, March 20, 2019

Last week, the Department of Justice (“DOJ” or “Department”) made a series of changes to the 2017 FCPA Corporate Enforcement Policy (“Policy”) contained in the Justice Manual (until last year, known as the United States Attorneys’ Manual).

Footnote Fodder: DOJ’s Modified FCPA Guidance Includes Footnote That Appears to be Responding to Criticism 03-20-2019

V&E FCPA and Global Anti-Corruption Update, March 20, 2019

Last week, the DOJ updated its guidance to the Foreign Corrupt Practices Act (“FCPA”) and in doing so tweaked its de-confliction advice.

Burn After Reading? — DOJ Loosens Previous Ban on Secretive Messaging Apps 03-15-2019

V&E FCPA and Global Anti-Corruption Update, March 15, 2019

DOJ has again modified its guidance regarding enforcement of the FCPA. Among the recent modifications is a loosening of the ban it had announced in 2017 on the use of disappearing messaging applications or software by companies hoping to receive cooperation credit under the Corporate Enforcement Policy.

Recent FCPA Speeches Highlight and Defend DOJ Priorities 03-14-2019

V&E FCPA and Global Anti-Corruption Update, March 14, 2019

On March 7 and 8, 2019, Deputy Attorney General Rod Rosenstein and Assistant Attorney General Brian Benczkowski delivered separate speeches on developments in FCPA enforcement, highlighting that DOJ aims to make “corporate criminal enforcement more effective and efficient.”1

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. 

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”).

Getting the Discovery You Need in Arbitration 03-11-2019

First published in the American Bar Association, The Woman Advocate, March 05, 2018

V&E’s Carly Milner and Aurra Fellows discuss the need to understand what discovery will be available and whether that meets their needs.

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.

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.

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.

California Dreamin’: What’s New in Employment Law on Such a Winter’s Day 12-26-2018

Managing the Modern Workplace, December 26, 2018

California employers saw many legal developments in state courts and the legislature this year.

In This Season, Our Business is for the Good of Everyone 12-20-2018

Managing the Modern Workplace, December 20, 2018

We here at Vinson & Elkins who write for and edit the Modern Workplace Blog wish to leave you with this thought for the holiday season.

A Tide Is Rising and It’s Called ESG 12-18-2018

Managing the Modern Workplace, December 18, 2018

A major challenge for corporate executives today is the rising tide of Environment, Social, and Governance (ESG) investing.

Silica in the Fracking Industry: It’s Not Just Your Contractor’s Problem 12-13-2018

Managing the Modern Workplace, December 13, 2018

While many refineries, chemical plants and manufacturing facilities rely on contractors to do some tasks, at most of these types of facilities, the operator’s employees usually outnumber the contractors.

In the Spirit of George H.W. Bush, an H1-B Pre-registration Immigration Proposal Worth Cheering 12-11-2018

Managing the Modern Workplace, December 11, 2018

The passing of President George H.W. Bush has me thinking about how different of a world we live in compared to when President Bush signed the Immigration Act of 1990 and, as he said, “opened the front door” on legal immigration.

The Big Uneasy (Part 2): Communicating with Managers about an RIF 12-06-2018

Managing the Modern Workplace Update, December 6, 2018

When top management is uneasy about the ongoing success of a company, rumors about the fallout of that uneasiness are hard to contain.

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

Managing the Modern Workplace Update, December 4, 2018

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

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.

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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