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UK to Adopt EU Directive Giving Taxpayers More Leverage in Avoiding Double Taxation 08-09-2019

V&E Tax Update, August 9, 2019

The UK has published draft regulations adopting an EU directive that promises faster resolution of double taxation disputes between Member States.

Has New York Become the New California for Employment Law? 08-08-2019

Managing the Modern Workplace, August 8, 2019

In the last year, the Empire State has begun to give the Golden State some serious competition for being the most pro-employee state in the Union. Earlier this summer, for example, I wrote about New York’s new laws to address harassment in the workplace.

With Bipartisan Support, the Illicit Cash Act Aims to Modernize Anti-Money Laundering Efforts 08-07-2019

V&E Government Investigations Update, August 7, 2019

A promising anti-money laundering bill offers a suite of updates to the current AML regime.

Trump Administration Freezes the Assets of Venezuela’s Maduro Government and Issues 25 New and Amended General Licenses Authorizing Specific Transactions 08-07-2019

V&E Export Controls Update, August 7, 2019

Late on August 5, 2019, President Trump released Executive Order 13884 blocking all property and interests in property of the Government of Venezuela.

Office Space, Rent and the Mobile Employee 08-06-2019

Managing the Modern Workplace, August 6, 2019

In the past week, I have been in Colorado, South Dakota, Illinois, and Ohio. As I write this post, I am on a flight back to Houston where I have an office waiting.

'Project Aggregation:' PSD Applicability in the Fourth Dimension 08-05-2019

First Published in the August 2019 Issue of EM Magazine

V&E partner Eric Groten examines ‘project aggregation’ as a part of the prevention of significant deterioration preconstruction permitting review process. 

UK Publishes Draft Regulations on EU Directive on Mandatory Disclosure Regime 08-02-2019

V&E Tax Update, August 2, 2019

UK taxpayers and their advisors will, from 1 July 2020, be subject to yet another regime requiring disclosure to HMRC of their tax affairs. Failure to comply with these new rules can result in fines of up to £1 million.

After a Long Delay, Employers Face Short Deadline to Submit Pay Data to EEOC 08-01-2019

Managing the Modern Workplace, August 1, 2019

More than three years ago, I wrote a post on this blog warning my readers that the EEOC was about to introduce a new EEO-1 form that would require employers to provide salary information by sex and race/ethnicity and provide the number of employees in each of twelve salary ranges in each of the EEO-1 categories.

Not GILTI — The Multiple Personality Defense 08-01-2019

V&E Tax Update, August 1, 2019

A recent U.S. tax imposed on certain foreign income threatens to hit individuals (including trusts or estates) who own controlled foreign corporations (CFCs)1 harder than their corporate counterparts, who benefit from certain deductions, credits, and lower rates unavailable to individuals.

Not So Cryptic: AG Barr Adamant That “Warrant-Proof Encryption” Poses Threat to Public Safety 08-01-2019

V&E Government Investigations Update, August 1, 2019

In a keynote address at the International Conference on Cyber Security on Tuesday, July 23, Attorney General Barr clearly articulated the DOJ’s position that “‘warrant-proof’ encryption poses a grave threat to public safety by extinguishing the ability of law enforcement to obtain evidence essential to detecting and investigating crimes.”1

2019 Antitrust Texas Summit 07-31-2019

V&E partners Alden Atkins and Hill Wellford will speak on panels at the KNect365 CompLaw’s inaugural Antitrust TX Summit at the JW Marriott in Houston on September 24th.

2019 Hot Topics in Mergers & Acquisitions Program 07-31-2019

V&E partner Damara Chambers will present on a panel titled “M&A: Foreign Investment, Trade & Technology” at the 2019 “Hot Topics in Mergers & Acquisitions” program hosted by the PLI (Practising Law Institute).

Regulators Dislike Facebook’s Entry into Cryptocurrency Market, Calling “Libra” an AML Threat 07-30-2019

V&E Government Investigations Update, July 30, 2019

A month after announcing its new global digital currency “Libra,” Facebook is finding itself under increased scrutiny with U.S. regulators. Lawmakers and senior government officials are raising concerns about how Libra would comply with money laundering, terrorism financing, and trade sanctions laws. 

The "Unpreventable Employee Misconduct" Defense 07-30-2019

Managing the Modern Workplace, July 30, 2019

Most good health and safety managers will tell you that “All accidents are preventable.” As a lawyer who often defends employers in OSHA proceedings, I completely agree. And yet, accidents still happen and employers do get cited because some employee did something that he was not supposed to do.

Regulators Dislike Facebook’s Entry into Cryptocurrency Market, Calling “Libra” an AML Threat 07-30-2019

V&E Government Investigations Update, July 30, 2019

New York Enacts Updated Breach Notification Law with Minimum Data Security Requirements 07-29-2019

V&E Cybersecurity & Data Privacy Update, July 29, 2019

On July 25, 2019, New York Governor Andrew Cuomo signed the Stop Hacks and Improve Electronic Data Security (“SHIELD”) Act. 

NCMA World Congress 2019 07-29-2019

V&E partner Dan Graham will present at the World Congress 2019 in Boston hosted by the National Contract Management Association alongside Greg Bingham, President at the Kenrich Group.

Regulation of Rural Pipelines is “Gathering” Steam in Texas 07-26-2019

V&E Shale Update, July 26, 2019

The Railroad Commission of Texas (the “Commission”) recently published draft rules foreshadowing regulation of rural crude oil and gas gathering pipelines that have historically been largely unregulated. 

Political Animals in the Workplace 07-25-2019

Managing the Modern Workplace, July 25, 2019

All of us are, by nature, political animals, according toAristotle’s essay on “Politics.” And it’s politics season again, even despite the distance to the next presidential election. 

UK Tax Authority Launches Facility to Encourage Multinational Transfer Pricing Compliance 07-25-2019

V&E Tax Update, July 25, 2019

HMRC has launched a new initiative designed to encourage taxpayers into compliance with the 2015 diverted profits tax, or “DPT”.

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.

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.

DOJ Signals FCPA Policy Shift Focusing on M&A Transactions, Creating New Incentives and Heightened Risks for Companies on Both Sides of Deals 07-23-2019

V&E Foreign Corrupt Practices Act Update, July 23, 2019

What’s in a DPA? Breaking Down Deferred Prosecution Agreements in Light of New Antitrust Division Policy 07-18-2019

V&E Government Investigations Update, July 18, 2019

The DOJ’s Antitrust Division (“Division”) recently announced a significant policy change — that we covered in depth here — that will afford non-leniency companies the opportunity to seek mitigation credit in a criminal antitrust investigation if the company had in place at the time of misconduct a robust and effective compliance program. 

Recent Developments in Media, Privacy, Defamation, and Advertising Law 07-18-2019

First Published in the American Bar Association's Tort Trial & Insurance Practice Law Journal, Spring 2019

V&E lawyers Thomas Leatherbury and Marc Fuller co-wrote a paper addressing legal developments in media, privacy, defamation, and advertising law spanning October 2017 to September 2018.

To "Blue Pencil" a Non-Compete — What Does That Mean? 07-18-2019

Managing the Modern Workplace, July 18, 2019

Some people worry about the drafting of non-competes more than others. One reason for this is probably that the people who are more relaxed about how the provisions are drafted are in jurisdictions that have the safety net of local courts that will reform or “blue pencil” provisions that are found to be overly broad.

What’s in a DPA? Breaking Down Deferred Prosecution Agreements in Light of New Antitrust Division Policy 07-18-2019

V&E Government Investigations Update, July 18, 2019

The DOJ’s Antitrust Division (“Division”) recently announced a significant policy change — that we covered in depth here — that will afford non-leniency companies the opportunity to seek mitigation credit in a criminal antitrust investigation if the company had in place at the time of misconduct a robust and effective compliance program. 

Rhodium Group Report — Capturing Leadership: Policies for the U.S. to Advance Direct Air Capture Technology 07-18-2019

Direct Air Capture (DAC) is a chemical process by which carbon dioxide (CO2) is removed directly from the air. Researchers highlight DAC research, development, and demonstration (RD&D) as a means to mitigate climate change and limit the increase in global temperature.

Carbon Removal — Will This Technology Overcome the Funding Hurdle? 07-18-2019

As climate change gains attention on Capitol Hill from legislators on both sides of the aisle, proposals are increasingly referencing carbon removal technologies as a means of addressing global carbon emissions.

California Outlaws (Some) Hair Discrimination 07-16-2019

Managing the Modern Workplace, July 16, 2019

A couple of months ago, I discussed whether a company could terminate an employee who had dyed her hair pink. My conclusion was that employers could legally — at least for now — prohibit employees from having pink hair although I noted that employers were increasingly reconsidering prohibitions on hair color, tattoos and certain piercings which might have the effect of eliminating talented younger candidates from the applicant pool.

Winning the Leniency Race No Longer the Only Avenue for Avoiding Criminal Antitrust Prosecution 07-15-2019

V&E Antitrust Update, July 15, 2019

Thanks to a major policy change at the Department of Justice Antitrust Division (the “Division”), companies under investigation for criminal antitrust violations will now have the opportunity to avoid prosecution even if they are not a leniency applicant.

Increasing Climate Disclosure Mandate in the United Kingdom 07-12-2019

Earlier this month, the United Kingdom (“UK”) indicated that it is considering rules to require disclosure of certain climate-related risks. On July 2, the government released its Green Finance Strategy, which discusses the UK’s strategy for accomplishing its goals of net zero emissions by 2050.

How Emojis Can Cause Trouble in the Workplace 07-11-2019

Managing the Modern Workplace, July 11, 2019

As emojis have morphed from a cute novelty into a staple element of business communication, they have begun to pose liability risks to companies. Many of these risks stem from the fact that emojis lack universal definitions, can have multiple — often subjective — meanings, and look different on different messaging platforms.

Truth or Cyber-Consequences: Government Contractor Suspended After Suffering Cyberattack and Data Breach 07-10-2019

V&E Government Contracts Update, July 10, 2019

Government contractors that expose government information to cyberattacks may face suspension from doing business with the Federal Government. 

Play Ball: MLB’s Gig Economy and Lessons for Other Employers 07-09-2019

Managing the Modern Workplace, July 9, 2019

“The Dodgers are the Uber of baseball,” wrote Sports Illustrated’s Tom Verducci in the magazine’s February 11, 2019 issue. He meant that the Los Angeles Dodgers, who have represented the National League in the World Series the last two seasons, have achieved remarkable success by borrowing the idea of short-term contracts from the gig economy.

Corn State Legislators File Companion Bills to Marginalize the RFS Small Refinery Exemption 07-09-2019

V&E Environmental Law Update, July 9, 2019

The federal Clean Air Act requires that transportation fuel sold or introduced into commerce in the United States contain minimum levels of renewable fuel.

Celebrate Freedom, Hug a Lawyer (Previously Posted on July 3, 2018) 07-03-2019

Managing the Modern Workplace, July 3, 2019

“I have gone to jail for what I have said.” That’s what I was recently told by a lawyer from another country when he received a call from a reporter asking him to comment on a recent decision from one of his country’s courts. When I asked him how careful he had to be with what he said, he described his time spent in jail for statements he has made.

FCPA Flash Podcast - A Conversation with Fry Wernick 07-02-2019

First published by FCPA Flash – The Official Podcast of FCPA Professor, June 28, 2019

In this podcast, V&E partner Ephraim (Fry) Wernick, former Assistant Chief of the DOJ's FCPA Unit, sat down to talk to Professor Koehler regarding the Walmart enforcement action including the imposition of a monitor.

New York Harassment Law Is a Game Changer 07-02-2019

Managing the Modern Workplace, July 2, 2019

Last year, when I wrote about the new laws that had been passed by the New York State Assembly to combat sexual harassment, I was largely complimentary. After all, requiring employers to provide interactive training in harassment training was something that I had been recommending since I became an employment lawyer many years ago.

ICC Arbitration Statistics Reflect Strong Arbitration Trends Worldwide 07-02-2019

V&E International Dispute Resolution Update, July 2, 2019

The International Chamber of Commerce, the world’s most prominent arbitral institution, recently released statistics on its cases for the past year. While the statistics are unique to the ICC, they likely reflect broader trends as the ICC is a global arbitration leader. 

Celebrating LGBTQ Pride and the Modern Workplace 06-27-2019

Managing the Modern Workplace, June 27, 2019

Tomorrow, June 28, marks the fiftieth anniversary of the Stonewall riot where gay men and lesbians fought back during a police raid at the Stonewall Inn, a gay bar in Greenwich Village. Because this blog is about the workplace, however, I thought it would be appropriate to talk about how far American employers, including my own law firm, have come during my lifetime in protecting the rights of LGBTQ workers, and to talk about one of my heroes of the LGBTQ movement.

Big Brother! China Doubles-Down On Ability to Monitor and Collect Data 06-27-2019

V&E Government Investigations Update, June 27, 2019

On May 28, 2019, China released draft Measures for Data Security Management (“Measures”) that purport to implement data protection requirements by creating individual rights to correct and delete personal information from data storage, mandatory notifications to individuals in the event of a data breach, and a presumption of liability on network operators for breaches caused by third-parties.

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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