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New Guidelines Reward Voluntary Self-Disclosure of FCA Violations and Cooperation with DOJ 05-30-2019

V&E Government Investigations Update, May 30, 2019

The U.S. Department of Justice (“DOJ”) announced this month its latest initiative to incentivize companies to voluntarily self-disclose potential False Claims Act (“FCA”) violations and to cooperate with DOJ during FCA investigations.1

Court Agrees With the FTC That Qualcomm’s “No License, No Chips” Policy Is No Good, Deeming It Impermissible Anticompetitive Conduct 05-30-2019

V&E Antitrust Update, May 30, 2019

In January 2017, the Federal Trade Commission sued Qualcomm in the Northern District of California, alleging that the company was violating U.S. antitrust laws by using its dominant market share in two cellular chip markets to extract unreasonably high royalty rates and anticompetitive licensing terms from device manufacturers.

The Return of the “No-Match” Letter 05-30-2019

Managing the Modern Workplace, May 30, 2019

The last time a client of mine received a “No-Match” letter was in 2012, so I was somewhat surprised when multiple clients received letters from the Social Security Administration in only the last few weeks. Apparently, my clients were not alone. 

The Gatekeepers’ Course: Navigating Evolving Trends in Corporate Governance and Compliance 05-29-2019

Vinson & Elkins invites you to a discussion of this year’s trending legal issues affecting public companies. This program is an excellent forum for internal legal teams to get perspectives from our lawyers on the issues companies are currently facing on a daily basis. 

Why Do Property REITs Have Operating Partnerships: REIT OP Units as a Tax-Advantaged Currency for Property Acquisitions 05-28-2019

REITs_Thumbnail

In this presentation, we reviewed the UPREIT structure with a particular focus on how REITs use OP Units to acquire properties.


Directors Must Heed SEC On Cybersecurity And Social Media 05-28-2019

First published by Law360, May 20, 2019

In recent years, the U.S. Securities and Exchange Commission has demonstrated an increased willingness to investigate and enforce violations of the federal securities laws arising from cybersecurity breaches and information disseminated through a company’s social media outlets, including by bringing actions directly against individual directors and officers.

Home Remedies for Diagnosing Trade Secrets Theft 05-28-2019

Managing the Modern Workplace, May 28, 2019

Listen to your gut when an employee who had access to confidential information leaves your company. Were they vague on their next steps? Is there a chance they’re going to work for a competitive venture? 

Texas Legislature Punts on Privacy Act…For Now 05-28-2019

V&E Cybersecurity & Data Privacy Update, May 28, 2019

The Texas State Legislature ended its regular session on May 27, 2019, without passing the Texas Consumer Protection Act (TCPA) or the Texas Privacy Protection Act (TPPA).

The Westeros Citizens Participation Act (Yeah, Right) 05-23-2019

Managing the Modern Workplace, May 23, 2019

My disappointment with the Game of Thrones’ finale on Sunday night was greatly alleviated by the news on Monday morning that a bill amending the Texas anti-SLAPP law is on its way to the governor’s office. This amendment to the Texas Citizens Participation Act (the anti-SLAPP law) – should it be signed into law by Gov. Abbott – explicitly says that the TCPA does not apply to a legal action arising from an employer-employee relationship (among other relationships) that seeks to recover for trade secrets misappropriation, or seeks to enforce a non-compete or non-disparagement agreement.

Minority Report: San Francisco Bans Facial Recognition Tech Over Potential Bias, Privacy Concerns 05-23-2019

V&E Government Investigations Update, May 23, 2019

Privacy advocates in the Bay Area have cause for celebration after San Francisco became the first municipality in the United States to pass an ordinance barring the city’s use of facial recognition technology because of the “propensity [of] facial recognition technology [to] endanger civil rights and civil liberties” and “exacerbate racial injustice.”

UT Law’s 32nd Annual Technology Law Conference 05-23-2019

V&E is sponsoring the Thursday evening networking reception at the UT Technology Law Conference.

BSEE 2019 Final Revisions to the Offshore Well Control Rule 05-22-2019

V&E Environmental and Natural Resources Update, May 22, 2019

On May 2, 2019, the federal Bureau of Safety and Environmental Enforcement (“BSEE”) announced final revisions to its Well Control Rule (“WCR”). BSEE proposed the revisions last year, as discussed in our previous publication.

FINRA Gives Broker-Dealers New Tips for Spotting Fraud and Money Laundering 05-22-2019

V&E Government Investigations Update, May 22, 2019

On May 6, 2019, the Financial Industry Regulatory Authority (FINRA) issued Regulatory Notice 19-18 to help broker-dealers recognize and report potential fraud and money laundering.

More Bang for the Antitrust Compliance Buck: Antitrust Division To Consider Preexisting Compliance Programs at the Charging Stage 05-22-2019

After more than a year of careful consideration, the “time has come” for the DOJ Antitrust Division to change its longstanding policy against giving companies credit for having preexisting robust corporate compliance programs in place at the time of the alleged misconduct.

Trademark Licensees Retain Their Rights to Use a Debtor’s Trademarks Despite the Debtor-Licensor’s Rejection of the Licenses 05-22-2019

V&E Restructuring & Reorganization Update, May 22, 2019

The question regarding whether a trademark licensee may continue to use a license after a debtor-licensor rejects the license in its bankruptcy case has now been answered.

Banning the Box on those Old Job Application Forms 05-21-2019

Managing the Modern Workplace, May 21, 2019

While employment lawyers like myself — and the EEOC — have long cautioned employees against automatically asking job applicants about their criminal history, few companies would think twice (absent advice of learned counsel) about asking “Have you ever been convicted of a felony or a misdemeanor?” on their standard job application forms.

6th Mergers & Acquisitions in Energy Conference 05-21-2019

V&E lawyers Shamus Crosby, Matt Dobbins, and Lande Spottswood will speak at the 6th Annual Mergers & Acquisitions in Energy Law Conference in Houston on Tuesday, May 21. 

Employment in the Energy Sector 05-20-2019

First published in Practical Law, May 2019

V&E counsel Martin Luff discusses employment in the oil and gas sector and the power and renewable energy sector.

Executives Behaving Badly: Applying the “Musk Principles” 05-16-2019

Managing the Modern Workplace, May 16, 2019

The SEC recently sought to have Elon Musk, CEO of Tesla, Inc., held in contempt because Musk tweeted that “Tesla made 0 cars in 2011, but will make around 500k in 2019,” followed by a second tweet in which he wrote “Meant to say annualized production rate at end of 2019 probably around 500k, ie 10k cars/week. Deliveries for year still estimated to be about 400k.”

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.

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

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

TowerXchange Meetup Europe 2018 04-17-2018

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

Government Contracting Summit 04-13-2018

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

2018 CFO University 04-13-2018

Hosted by Financial Executives International

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

GAR Live Construction Disputes 04-12-2018

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

Equilar Compensation Committee Forum 03-20-2018

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

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

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

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

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

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

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

Iraq Petroleum 2018 02-27-2018

V&E is pleased to sponsor the 2018 Iraq Petroleum Conference, taking place in Berlin, Germany on February 27-28.

2018 International Fiscal Association (IFA) Annual Conference 02-21-2018

V&E is pleased to sponsor the 2018 International Fiscal Association (IFA) Annual Conference. 

Trends Transactions and Opportunities in Oil and Gas 02-15-2018

V&E Restructuring partner Bill Wallander will speak on a complimentary webcast regarding the latest in oil & gas transaction trends.

The National Association of Corporate Directors: The Strategic-Asset GC 02-12-2018

On Monday, February 12, V&E partner Gillian Hobson will moderate the “2018 Governance Outlook” session at The Strategic-Asset GC being held in Washington D.C.

Advanced Intellectual Property Law Course 02-07-2018

On Wednesday, February 7, V&E partner Devika Kornbacher presented the topic, "Data Security & Agreements - Negotiating Agreements of Provisions" at a cybersecurity-focused workshop offered by the State Bar of Texas in conjunction with their annual Advanced Intellectual Property Law course.

Texas Journal of Oil & Gas and Energy Law (TJOGEL) Symposium 02-01-2018

V&E partners Matt Stammel and Mike Heidler will present, "Who Is Responsible for Cleaning up the Mess?: Indemnities in the Oil Patch" at the Texas Journal of Oil & Gas and Energy Law (TJOGEL) Symposium on Thursday, February 1.

What Technology Clients Need to Know About the New Tax Act 02-01-2018

IP Series Logo - Mini Thumbnail - 50px WidePresident Trump signed into law the bill commonly known as the Tax Cuts and Jobs Act of 2017 on December 22. What will this mean for your company?

13th Annual Columbia University Energy Symposium 02-01-2018

V&E partner Robert Seber will speak on the "Peak Oil Demand: Transitioning to a Low Carbon World" panel at the 13th Annual Columbia University Energy Symposium on Thursday, February 1.

2018 AIPLA Mid-Winter Institute 01-26-2018

On Friday, January 26, partner Devika Kornbacher will speak on “Law Firm Privacy – Have You Been Hacked?” as part of a larger panel titled, “Keeping Private Data Private – Law Firm Cybersecurity and the EU General Data Protection Regulation (GDPR)” at the American Intellectual Property Law Association (AIPLA) Mid-Winter Institute.

YPE Houston Breakfast Series 01-23-2018

YPE Houston is hosting its first event of 2018 with a Breakfast Series featuring guest speakers from Vinson & Elkins, Jason L. McIntosh (Partner, Tax) and Neil Clausen (Associate, Tax) who will be discussing "Tax Reform Update and Implications".

Negotiation Ethics: Winning Without Selling Your Soul 01-23-2018

Lawyers negotiate every day and negotiating ethically and maintaining their reputations as ethical and professional is critical to the successful practice of law. 

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.

Banning the Box on those Old Job Application Forms 05-21-2019

Managing the Modern Workplace, May 21, 2019

While employment lawyers like myself — and the EEOC — have long cautioned employees against automatically asking job applicants about their criminal history, few companies would think twice (absent advice of learned counsel) about asking “Have you ever been convicted of a felony or a misdemeanor?” on their standard job application forms.

Employment in the Energy Sector 05-20-2019

First published in Practical Law, May 2019

V&E counsel Martin Luff discusses employment in the oil and gas sector and the power and renewable energy sector.

Executives Behaving Badly: Applying the “Musk Principles” 05-16-2019

Managing the Modern Workplace, May 16, 2019

The SEC recently sought to have Elon Musk, CEO of Tesla, Inc., held in contempt because Musk tweeted that “Tesla made 0 cars in 2011, but will make around 500k in 2019,” followed by a second tweet in which he wrote “Meant to say annualized production rate at end of 2019 probably around 500k, ie 10k cars/week. Deliveries for year still estimated to be about 400k.”

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.

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. 

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.

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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