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Because the Mafia Doesn’t Issue 8-Ks: DOJ Explains Recent Corporate Policy Changes and Foreshadows Additional Guidance 09-18-2019

On September 12, Deputy Assistant Attorney General Miner announced in a speech that the DOJ Criminal Division will consider issuing prosecutorial guidance on how to evaluate companies’ claims that they are unable to pay large criminal fines.

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.

6th Annual Government Enforcement Institute 09-12-2019

Hosted by The University of Texas School of Law

V&E partner Ephraim (Fry) Wernick will speak on the panel, "FCPA Issues and Developments " at UT Law’s 6th Annual Government Enforcement Institute on Thursday, September 12. This panel will discuss the latest in FCPA enforcement trends and policy developments, compliance best practices, and international updates.

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.

Buyer Beware: SEC is Serious about FCPA Successor Liability Webinar 09-11-2019

V&E partner William Lawler will present a webinar titled, "Buyer Beware: SEC if Serious about FCPA Successor Liability" on Wednesday, September 11th.

Antitrust Economics Workshop at Fordham University School of Law 09-11-2019

V&E partner Darren Tucker will speak on a panel titled, "Is Digital the Dawn of a New Day or Just a Big Ditto?" at Fordham University School of Law's Antitrust Economics Workshop on Wednesday, September 11th.

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.

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. 

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. 

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. 

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. 

Competition Developments in Brazil, the US and EU – What Brazilian Counsel and Companies Need to Know 07-13-2018

BMA and V&E are co-sponsoring a forum on Competition Developments in Brazil, the US and EU in BMA's São Paulo office on July 13, 2018. V&E partner, Hill Wellford, will be presenting alongside BMA partners Marcos Exposto and José Inacio Ferraz de Almeida Prado Filho.

The C2 Summit: Winning US Government Contracts Worldwide & Networking Event 06-28-2018

V&E Counsel, Jamie Tabb, will be a panelist at the C2 Summit: Winning US Government Contracts Worldwide & Networking Event in Dubai.

TowerXchange Meetup Americas 2018 06-20-2018

V&E partner Robert Dixon will chair the roundtable discussion "Swift and Effective Evaluation of M&A Opportunities in New Markets."

4th Annual GAR Live Energy Disputes 06-14-2018

Vinson & Elkins is pleased to be sponsoring the 4th Annual GAR Live Energy Disputes. The event will feature a series of thought provoking panel discussions and a networking lunch, and will conclude with a drinks reception from 5:40 p.m. onwards. 

2018 Kayo Women’s Energy & Resources Summit 06-13-2018

V&E partners Caroline Blitzer Phillips, Sarah Morgan, and Lina Dimachkieh will each speak on panels on Wednesday, June 13th and Thursday, June 14th at the conference in Houston.

National Investor Relations Institute Annual Conference 06-10-2018

On Sunday, June 10th, V&E's Steve Gill and Patrick Gadson will present, "What to Do When the Barbarians Are At Your Gate: A Shareholder Activism Bootcamp" at the NIRI Annual Conference in Las Vegas.

34th Annual Texas Federal Tax Institute 06-06-2018

V&E partner David Cole will speak on “Managing Information Requests in an IRS Audit" on Wednesday, June 6 at 2:00 p.m. 

31st Annual Environmental, Health & Safety Seminar 06-04-2018

V&E’s Emergency Response & Crisis Management practice is proud to sponsor the 31st Annual Environmental, Health & Safety (EHS) Seminar coordinated by the Texas Chemical Council (TCC) and Association of Chemical Industry of Texas (ACIT) in collaboration with the Louisiana Chemical Association (LCA) and the Louisiana Chemical Industry Alliance (LCIA).

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.

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.

European Union Supplemental Guidance on Climate-Related Disclosures 08-20-2019

In June 2019, the European Commission published its Guidelines on Non-Financial Reporting: Supplement on Reporting Climate-Related Information (the Supplement).

Does Fifth Circuit Ruling Allow Employers to Discriminate Against Ex-Felons? 08-15-2019

Managing the Modern Workplace, August 15, 2019

In 2012, the EEOC issued guidance stating that blanket bans on hiring employees with criminal records disproportionately impact minorities and instructing employers to ensure that their hiring policies link specific criminal conduct to the risks inherent to a particular position.

MSCI Launches Climate Indexes 08-15-2019

On June 20, 2019, MSCI Inc. (“MSCI”) announced the expansion of its suite of indexes for institutional investors and wealth managers with the introduction of new indexes specifically focused on climate (the “Climate Indexes”).

Third Circuit Upholds Bribery Conviction Despite Narrowed Definition of “Official Act” Under McDonnell 08-14-2019

V&E Government Investigations Update, August 14, 2019

Last week, the Third Circuit upheld the conviction of Robert Cordaro, a Lackawanna Pennsylvania County Commissioner, for bribery, extortion, and racketeering despite Cordaro’s claims that the Supreme Court’s holding in McDonnell v. United States decriminalized his conduct.

What is TUPE? And How Do You Say It? 08-13-2019

Managing the Modern Workplace, August 13, 2019

To deal with the second question first, it’s not toupee (as in a wig) and it doesn’t rhyme with hoop. It’s pronounced like two-P.

Back to Plain Language: The Supreme Court’s Decision in Food Marketing Institute v. Argus Leader Media 08-12-2019

V&E Government Contracts Update, August 12, 2019

On June 24, 2019, in a 6-3 decision,1 the Supreme Court put an end to a practice of over forty years which ignored the protections outlined by the plain language of the Freedom of Information Act (“FOIA” or the “Act”) Exemption 4.2

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

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.

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. 

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. 

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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