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Insights


Commodities in the Crosshairs: CFTC Joins DOJ and the SEC to Target Commodity Traders for Corrupt Practices Abroad 10-10-2019

The U.S. Commodity Futures Trading Commission (“CFTC”) is entering the fight against foreign bribery and corruption.

Commerce Restricts Trade with 28 Chinese Entities 10-09-2019

V&E Export Controls Update, October 9, 2019

Effective October 9, 2019, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) added 28 Chinese entities to the Entity List – twenty governmental security bureaus and eight technology companies – thereby effectively barring exports, reexports and transfers of items subject to U.S. jurisdiction to these entities.

Trump Administration Plans to Ramp Up Total Renewable Fuel Volumes Under the RFS Program for 2020 10-09-2019

Environmental Blog

On October 4, 2019, the U.S. Environmental Protection Agency (EPA) signaled an abrupt change to the status quo, by announcing plans to issue a final rulemaking that will increase total renewable fuel volumes under the federal Renewable Fuel Standards (RFS) program beginning in 2020 to compensate for volumes lost whenever the EPA grants waivers to “small refiners,” who successfully claim a disproportionate economic hardship under the program.

De mortuis nil nisi bonum. 10-09-2019

Managing the Modern Workplace, October 9, 2019

The death of an employee is an upsetting and traumatic occurrence. It is also very likely to be unexpected. Thus, it is preferable to have a basic framework in mind for dealing with such an occurrence before it happens.  

DOJ’s Civil Fraud Director Addresses Recent FCA Policy Developments 10-09-2019

On September 19, 2019, speaking at the Practising Law Institute’s Government Contracts 2019 event, Michael Granston, the Director of the Civil Fraud Division at the Department of Justice (“DOJ”), provided an update on the government’s enforcement activities under the False Claims Act (“FCA”).1

Webinar: 10 Things You Need to Know About Proposed Regulations for CFIUS Reform 10-08-2019

On September 17, the U.S. Department of the Treasury, which chairs the Committee on Foreign Investment in the United States (“CFIUS”), released long-anticipated proposed regulations to implement key elements of the CFIUS reform law, the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”). Please join the Chairs of V&E's National Security and International Trade Practice, Damara Chambers and Dave Johnson, as they provide an in-depth review of the proposed regulations, implications, and what global companies need to know.

Pre-ticked Consent is No Consent at All: CJEU Issues Ruling on “Active Consent” 10-04-2019

V&E Cybersecurity & Data Privacy Update, October 4, 2019

On October 1, 2019, the Court of Justice of the European Union (the “CJEU”) issued a ruling aimed at defining the meaning of consent in the EU data privacy regime.

Ninth Annual Hydraulic Fracturing Symposium 10-03-2019

On October 3, 2019, V&E hosted our annual seminar discussing timely topics surrounding unconventional oil and gas development.

Don’t Forget WARN Warnings When Reducing Head Count 10-03-2019

Managing the Modern Workplace, October 3, 2019

We have not talked much about the Worker Adjustment and Retraining Notification Act (“WARN”) in recent years both because unemployment has been low and we have not seen many plant closings or mass layoffs that would trigger WARN. 

Proposed Law Seeks to Seal “8-K Trading Gap” 10-03-2019

The recently proposed 8-K Trading Gap Act of 2019 seeks to address a perceived loophole in current insider trading laws, creating additional regulation and potential source of insider trading liability for directors and executives.

New SCOTUS Term Tackles Big Criminal Law Issues: Unanimous Juries, the Insanity Defense, and Public Corruption 10-02-2019

On Monday, the Supreme Court begins a new term with several note-worthy criminal cases on its docket.

8th Annual GAR Live New York 10-02-2019

V&E International Dispute Resolution & Arbitration partner, Camilo Cardozo, will present on a panel titled, “New York as a Seat for International Arbitration” at the 8th Annual GAR Live New York event on October 2, 2019, a full day program focused on trends and developments in arbitration.

OSHA Issues to be Discussed at Hydraulic Fracturing Symposium 10-01-2019

Managing the Modern Workplace, October 1, 2019

On Thursday, Vinson & Elkins will put on its Ninth Annual Fracking Symposium. This is always a popular seminar where professionals discuss evolving industry practices in the United States, environmental and regulatory developments, market considerations, and litigation risks affecting the industry.

Nevada Ups the Ante by Introducing an Opt-Out Right for Online Consumers 10-01-2019

V&E Cybersecurity & Data Privacy Update, October 1, 2019

On October 1, 2019, Nevada’s amended Internet privacy law (“Amended Law”) went into effect.

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.

43rd Annual Southwest Association of Bank Counsel Convention 09-27-2019

V&E partner Manuel Berrelez will speak at the 43rd Annual Southwest Association of Bank Counsel Convention on Friday, September 27th in Santa Fe, New Mexico.

After a Long Delay, the DOL Issues a New Overtime Rule 09-26-2019

Managing the Modern Workplace, September 26, 2019

In November 2016, a Texas federal judge enjoined the Obama administration’s regulations that sought to raise the salary-level requirement for white collar exemptions under the Fair Labor Standards Act from $23,660 to $47,476. Rather than appeal the injunction, the new Trump administration instead chose to withdraw the regulations so that they could be reconsidered.

Nissan Agrees to Pay $16.1 Million to Settle SEC’s Claim of Fraudulent CEO Compensation 09-25-2019

Despite never paying any of the compensation at issue and without admitting or denying the allegations, the Nissan Motor Co., Ltd. (“Nissan”) agreed to pay the Securities and Exchange Commission (“SEC”) $15 million to settle a claim that it engaged in a $140 million fraudulent compensation scheme. 

As Pushback Grows in Europe Against Facebook’s Libra, Walmart Considers its own Cryptocurrency 09-25-2019

A few weeks ago we wrote about the skepticism Libra, Facebook’s proposed cryptocurrency, faced from U.S. regulators. Since then, Libra’s unpopularity has spread across the Atlantic.

ICC Update Note – A Step Towards Greater Transparency 09-25-2019

V&E International Dispute Resolution Update, September 25, 2019

This update provides a reminder of the ICC update note issued by the ICC on 20 December 2018 (effective from 1 January 2019) to parties and arbitral tribunals on the conduct of arbitrations under the ICC Rules of Arbitration (the “2019 Update”). 

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."

Solar & Storage Finance USA 10-29-2018

Kaam Sahely will be speaking on the "Investors- How Is Investment Appetite for PV and Storage Evolving" panel and Peter Marshall will be moderating the "2018: The Year Solar & Storage Came of Age?" panel at this two-day solar conference.

Thirty First ITF Public Conference: Human Rights in International Investment Law 10-26-2018

V&E senior associate Alex Slade will speak on the panel "Interpretation of human rights obligations by international tribunals."

Rystad Energy Information Session 10-25-2018

Please join Lars Lysdahl, Head of New York Consulting for Rystad Energy and Robert Seber, Partner, Mergers & Acquisitions and Private Equity at Vinson & Elkins LLP for a morning of knowledge sharing.

CRE.Converge 2018 10-17-2018

On Wednesday, October 17th, V&E partners Greg Cope and Chris Mangin and senior associate Sarah Fortt will be speaking on a panel titled “Advising the Board on Crisis Management” during the General Counsel Forum at CRE.Converge.

TowerXchange Meetup Africa 2018 10-09-2018

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

The Deal Economy Conference - Chicago 09-24-2018

V&E partner Steve Gill will speak on the Shareholder Activism panel alongside senior executives from Edelman, Voce Capital Management, Legion Partners, and Innisfree M&A Incorporated on September 24th.

Estimating System Adequacy - The Price Has to Be Right! 09-20-2018

Dan Graham of V&E’s Washington, D.C. office and Mike Mardesich of DHG’s Government Contract Advisory will be presenting on a webinar on the government’s recent assessment and audits of contractor's estimating systems and adequacy reviews of contractor's cost proposals.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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.

Ninth Circuit Decision Underscores Expansive Definition of “Security” 09-18-2019

Is an investment a “security” under the federal securities laws if it is made in part for reasons unrelated to investment returns? And can someone who facilitates the investment be liable for securities fraud?

New Ruling in Och-Ziff Case Could Lead to a Billion Dollar Restitution Award and Throws Doubt on Benefits of Settling FCPA Cases 09-18-2019

V&E Foreign Corrupt Practices Act Update, September 18, 2019

A federal judge in New York has found that certain investors were “victims” in a high-profile FCPA case that the government settled almost three years ago with Och-Ziff, a publicly traded hedge fund. 

Finally, Some Good For Employers in the Golden State 09-18-2019

Managing the Modern Workplace, September 18, 2019

With the California legislature’s passage of Assembly Bill 5 on September 11, 2019, which sharply restrains businesses’ use of independent contractors, California businesses welcomed some good news last week from the California Supreme Court with respect to wage and hour claims and agreements to arbitrate in ZB, N.A., et al. v. Superior Court (Lawson) (September 12, 2019).

The Federal Circuit’s Design Patent Basket Case 09-17-2019

V&E IP Insights, September 17, 2019

In Curver Luxembourg SARL v. Home Expressions Inc., the Federal Circuit held – for the first time – that a design patent’s claim language may limit the patent scope even when the article identified in the claim wording is not shown in the figures.

A Collective Bargaining Agreement’s Management Rights Clause Is No Longer Meaningless 09-13-2019

Managing the Modern Workplace, September 13, 2019

One of the biggest complaints that you will hear from employers with unionized workforces is that it is so difficult to implement minor policy changes during the term of a collectively bargained contract.

Lessons Learned: A High-Profile FARA Acquittal at Trial Provides Guidance for Both the Government and Targets of Future Investigations 09-11-2019

On September 4, a federal jury took only a few hours to return a verdict of “not guilty” for Washington, D.C. attorney and former White House Counsel Greg Craig in a high-profile trial brought by the Department of Justice’s Foreign Agents Registration Act (“FARA”) Unit and federal prosecutors from the U.S. Attorney’s Office for the District of Columbia. 

Update on Climate Change Reporting 09-11-2019

In June, the Task Force on Climate-Related Financial Disclosure (“TCFD”) issued a status report to provide an overview of current disclosure practices as they relate to the TCFD 2017 recommendations.

Property Lines No. 2: Where Charity Meets Labor Rights 09-10-2019

Managing the Modern Workplace, September 10, 2019

Late last month, I wrote about how an employer balances its property rights against the rights of employees of third parties working on their worksite. The key takeaway from that blog post was that every employer needs to think about certain property-related issues if one of its contractors were to have a labor dispute with its employees.

When Trade Secret Cases “Go Criminal” 09-09-2019

The V&E Report, September 9, 2019

At a time when the federal government is stepping up its enforcement of federal trade secret law in an effort to safeguard American intellectual property from national security threats from China and elsewhere, the recent criminal indictment of former Google and Uber executive Anthony Levandowski underscores the potential criminal specter that looms over civil trade secret disputes.

Employees v. Shareholders: Whose Interests Prevail? 09-06-2019

Managing the Modern Workplace, September 6, 2019

For U.S. public corporations, the interests of shareholders are paramount. The legal and practical reasons for this norm are complex, but today, most U.S. public corporations and the organizations that represent them would say that a corporation exists primarily to serve its shareholders. 

DOJ Antitrust Division Targeting Government Contractors 09-05-2019

V&E Antitrust Update, September 5, 2019

Government contractors take heed: the Department of Justice Antitrust Division (the “Division”) is prioritizing investigations of criminal antitrust violations in the public procurement process.

Seeing Other People: The Business Roundtable Reconsiders ‘Shareholders First’ Doctrine 09-05-2019

V&E Corporate Governance Update, September 5, 2019

In mid-August, the Business Roundtable released a new Statement on the Purpose of a Corporation, signed 181 CEOs of the top U.S. companies, including the likes of Jeff Bezos, Larry Fink, Lachlan Murdoch and Jamie Dimon.

Where in the World Is Dirty Money Going? FinCEN’s Newest Investigation Unit Targets Global Money Laundering 09-04-2019

V&E Government Investigations Update, September 4, 2019

The Department of Treasury’s Financial Crimes Enforcement Network (“FinCEN”) recently announced the launch of a Global Investigations Division (“GID”).

Less Documentation May Sometimes Be Better When Letting People Go 09-04-2019

Managing the Modern Workplace, September 4, 2019

More often than not, when employers make a decision to terminate someone, multiple factors influenced the decision. 

For Whom the Statute Tolls: Challenges to FCPA Indictment May Expose Government Vulnerabilities in International Cases 09-03-2019

V&E Government Investigations Update, September 3, 2019

As companies grow and expand their international footprint, their operations are scrutinized with increasing frequency by federal prosecutors. 

DOJ Announces Another Nail in Supplemental Environmental Projects’ Coffin 09-03-2019

Environmental Blog

The Department of Justice (“DOJ”) will no longer use Supplemental Environmental Projects (“SEPs”) in settlements with states and municipalities as a result of a policy change announced August 21, 2019.The change follows a series of steps taken since 2017 curtailing SEPs.

D.C. Circuit Says “All Means All” When Proving Injury to Class Members 09-03-2019

V&E Antitrust Update, September 3, 2019

The D.C. Circuit is the latest appellate court to weigh in on one of the most important issues in class certification under Rule 23(b)(3): whether a damages class meets the predominance requirement, and thus whether the class can be certified, if it contains class members uninjured by the alleged conduct. 

Property Lines: Where Employee Rights Meet Company Property Rights 08-29-2019

Managing the Modern Workplace, August 29, 2019

The call usually comes with the sound of panic. My client is upset that some of its contractor’s employees are handing out leaflets to everyone onsite and doing so within the property lines of the company. The contractor’s labor dispute is not with my client but with their own employer. “Can you do anything about it?”, I am asked.

New York Strikes a Green New Deal – with Whom? 08-29-2019

V&E Energy Policy Update, August 29, 2019

New York recently enacted very ambitious climate change legislation that will affect transportation, real estate and other industries far beyond the energy sector.

Developments in Governance and Disclosure: Summer 2019 08-29-2019

V&E Corporate Governance Update, August 29, 2019

The V&E governance update provides brief summaries on recent developments with respect to corporate governance, compliance and disclosure.

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.

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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