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Qualified Opportunity Funds, Real Estate, and REITs 02-20-2019


In the first REIT Series program of 2019, V&E REIT professionals discussed the benefits, challenges, and opportunities associated with using Qualified Opportunity Funds to invest in real estate, including the various roles that REITs can play. 

One Step too Far? The Chamber of Commerce Argues the DOJ Wrongly Used the Wire Fraud Statute to Combat Spoofing 02-20-2019

V&E Government Investigations Update, February 20, 2019

Earlier this month, the U.S. Chamber of Commerce filed an amicus brief in an Illinois district court, arguing that the Department of Justice (“DOJ”) went too far in indicting two former Deutsche Bank employees with violations of the wire fraud statute, 18 U.S.C. § 1943.

2018 False Claims Act and Whistleblower Developments 02-20-2019

V&E False Claims Act Update, February 20, 2019

Whistleblower activity has consistently increased over the past decade, with 2018 being no exception. Although the Department of Justice (“DOJ”) reported a decrease in False Claims Act (“FCA”) whistleblower actions and recoveries in 2018, the Securities and Exchange Commission (“SEC”) and Commodity Futures Trading Commission (“CFTC”) both reported year-on-year increases in tips received and payments to whistleblowers.

Meet the New Fraud, Same as the Old Fraud: 10th Circuit Holds Anti-Fraud Provisions of Securities Act Once Again Apply Abroad 02-20-2019

V&E Government Investigations Update, February 20, 2019

On January 24, 2019, the Tenth Circuit held in SEC v. Scoville that the antifraud provisions of the federal securities laws once again have extraterritorial application, providing the government new ammunition as it seeks to expand the reach of federal securities laws.1

Introducing Government Investigations & White Collar Criminal Defense Report - Part 1 02-20-2019

V&E Government Investigations & White Collar Criminal Defense Update, February 20, 2019

Over the past year, the Technology Sector has faced a lot of developments in the government enforcement landscape.

The Importance of Investigation Protocols Amid Heightened Corporate Exposure 02-19-2019

Managing the Modern Workplace, February 19, 2019

In the face of well-publicized corporate scandals such as #MeToo, and in response to heightened corporate accountability standards under Sarbanes-Oxley and Dodd-Frank, internal investigations serve as a critical component of an effective governance and corporate compliance program.

The Federal Trade Commission Issues 2019 Annual Updates to the United States Pre-Merger Notification (HSR) and Interlocking Directorates Thresholds 02-19-2019

V&E Antitrust Transactional Update E-communication, updated March 4, 2019

The Federal Trade Commission (FTC) has revised the thresholds that govern pre-merger notification requirements under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR Act), as well as the thresholds for interlocking directorates under Section 8 of the Clayton Act.

Lock Up Your Servers! Inspired by Europe, U.S. States Enact New Data Protection Statutes 02-15-2019

Managing the Modern Workplace, February 15, 2019

Data protection law is quickly becoming a legal-compliance headache for many companies. As companies and their customers have continued to store more data in the cloud, that data has become a valuable target for hackers.

State Bar of Texas' Advanced Trial Strategies Course 02-14-2019

V&E Partner Jane Bland will speak at the State Bar of Texas' Advanced Trial Strategies Course on two panels.

OSHA Rescinds Most of Obama Electronic Reporting Requirements 02-12-2019

Managing the Modern Workplace, February 12, 2019

On January 25, 2019, OSHA issued a final rule rescinding the Obama administration’s requirements that employers with more than 250 employees must electronically submit their logs of Work-Related Injuries and Illnesses (OSHA Form 300) and Injury and Illness Incident Reports (OSHA Form 301).

10 Risk Areas For Companies Operating Internationally 02-08-2019

V&E FCPA Update, February 8, 2019

10 Risk Areas For Companies Operating Internationally

Offers of Judgment: A Tool for Minimizing Liability in Overtime Cases 02-07-2019

Managing the Modern Workplace, February 7, 2019

As many employers have learned, the biggest liability in many overtime cases brought under the Fair Labor Standards Act (“FLSA”) is often not the unpaid overtime or liquidated damages but the attorneys’ fees that the plaintiff’s attorney is entitled to recover if he prevails on behalf of his client.

Pipeline Wars: The Battles Over Gas Infrastructure Development 02-06-2019

On February 6, 2019, V&E partners Robert Seber and Jeremy Marwell spoke on "Pipelines Wars: The Battles Over Gas Infrastructure Development" at NYU School of Law. 

Reserve-Based Lending: Market Trends and Recent Developments 02-06-2019

Energy Series Logo - Mini Thumbnail - 50px WideV&E lawyers discussed market trends and recent business and legal developments in the reserve-based lending space.

#Youvebeenserved: Instagram Influencers Subpoenaed in Fyre Festival Bankruptcy 02-06-2019

V&E Government Investigations Update, February 06, 2019

Last week, the trustee for Fyre Festival LLC’s bankruptcy estate received court authorization to serve subpoenas on 24 individuals and companies connected to the failed music festival, including agencies representing the social media influencers who were instrumental in promoting the event.

National Employer Gets Tangled up by Differing State Standards 02-05-2019

Managing the Modern Workplace, February 5, 2019

Recent headlines involving Buzzfeed News highlighted the challenges that multi-state employers can have when some of their employees are subject to more employee-friendly state laws than others.

Texas Supreme Court Affirms Vinson & Elkins LLP's “Win for The Little Guy” 02-01-2019

V&E Condemnation Update, February 1, 2019

After a six-year "fight" over compensation owed for taking 3,200 square feet of land from their family-owned Action Collision Repair facility in Little Elm, Texas, the Texas Supreme Court recently affirmed the trial court's Judgment in favor of Steve and Kim Morale for $1.064 million. 

Ultra Petroleum: Fifth Circuit Signals Make-Whole Premiums Unenforceable in Bankruptcy 01-31-2019

V&E Restructuring and Reorganization Updates, January 31, 2019

On January 17, 2019, the Fifth Circuit Court of Appeals issued an opinion holding that a creditor whose rights have been affected by operation of the Bankruptcy Code may nevertheless be “unimpaired” under a chapter 11 plan of reorganization.

Scanning…Scanning…: Illinois Supreme Court Finds Plaintiffs are Not Required to Show Harm Under Biometric Data Privacy Act 01-31-2019

Managing the Modern Workplace, January 31, 2019

In Illinois, the state’s Supreme Court just issued a significant ruling regarding the state’s biometric information privacy act, holding that a plaintiff need not prove actual harm from improperly collected biometric data.

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.

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.

Oil and Gas Disputes 2018 01-25-2018

On Thursday, January 25, 2018, V&E energy litigation partner, Mark Rodriguez will speak on the Royalty Litigation panel at the Texas Bar Oil & Gas Disputes course cosponsored by the Oil, Gas and Energy Law Section of the State Bar of Texas and Texas Tech University School of Law.

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. 

ACI's FCPA Conference 01-23-2018

On January 24, 2018 V&E partner, Jeff Johnston, will present on the "Repeat Offenders: How to Mitigate the Risk of Recidivism with FCPA Compliance" panel at the American Conference Institute’s (ACI) 12th Houston Forum on the Foreign Corrupt Practices Act (FCPA).

5th ITA-IEL-ICC Joint Conference on International Energy Arbitration 01-18-2018

V&E is a proud sponsor of the 5th Annual ITA-IEL-ICC Joint Conference on International Energy Arbitration. This program focuses on a review of the year past and the year ahead in the arbitration of international disputes in the energy industry.

Wind Energy: The Art of Coping with Uncertainty 01-17-2018

Please join the Guarini Center for a discussion on “Wind Energy: The Art of Coping with Uncertainty.”

TowerXchange Meet Up Asia 2017 12-12-2017

Vinson & Elkins is pleased to be sponsoring the TowerXchange Meetup Asia 2017. TowerXchange is the primary thought leadership body in the global telecom tower industry.

Privcap Media’s 2017 Energy Game Change Conference 12-05-2017

V&E partner Matt Strock will moderate "The Efficiency Revolution" panel at the 2017 Energy Game Change Conference in Houston with panel participants from NGP, TPG, and Apollo Global Management.

Oil & Gas Environmental Conference 11-28-2017

V&E Environmental & Natural Resources attorney Carrick Brooke-Davidson will present “EPA’s Mitigation Policy in Civil Enforcement: A Sleeping Giant?” at the Oil & Gas Environmental Conference on Tuesday, November 28.

34th International Conference on the Foreign Corrupt Practices Act 11-28-2017

The 34th International Conference on the Foreign Corrupt Practices Act is ‘widely regarded as the flagship conference for professionals across the globe’, bringing together key stakeholders from the anti-corruption community-government, highly respected industry executives, and private practitioners involved in the most high-profile enforcement matters to date.

14th Biennial Parker C. Fielder Oil and Gas Tax Conference 11-16-2017

The 14th Biennial Parker C. Fielder Oil and Gas Tax Conference is a collaboration between The University of Texas School of Law and the Chief Counsel’s Office of the IRS, and provides an exchange of views and perspectives between private sector and the Service.

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

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

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

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

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

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

Energy Technology Roundtable 02-23-2017

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

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

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

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

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

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

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

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

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

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

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

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

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

MLP Qualifying Income and Market Update 09-14-2016

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

Energy REITs and Real Estate MLPs 07-13-2016

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

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

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

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

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

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

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

MLP 101 10-14-2015

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

Developments in Governance and Disclosure: Winter 2018 11-30-2018

V&E Corporate Governance Update, November 30, 2018

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

Cruel and Unusual Punishment for the GILTI: Disappearing Basis 11-29-2018

V&E International Tax Update, November 29, 2018

There was an unexpected — and unpleasant — surprise in the first tranche of GILTI guidance, in the form of proposed regulations, that Treasury made public in October 2018. Notably, a rule contained in those proposed regulations can result in the loss of a domestic corporate shareholder’s stock basis on disposition of a controlled foreign corporation (“CFC”). This can lead to recognition of non-economic gain without any corresponding benefit.

A First in Crypto-Regulation: SEC Settles Charges and Imposes Civil Penalties Against the Founder of Token Trading Platform EtherDelta and Two ICO Sponsors 11-28-2018

V&E Government Investigations Update, November 28, 2018

The Securities and Exchange Commission (“SEC”) this month announced a settlement with the founder of EtherDelta — a platform that facilitates secondary market trading of blockchain-based Initial Coin Offering (or “ICO”) tokens — over charges that EtherDelta was operating as an unregistered securities exchange.

Enforcing a State’s International IP Obligations through Investment Law Standards of Protection – An Ill-Fated Romance 11-20-2018

First published in Investment Treaty Arbitration and International Law Volume 11, November, 2018

What international investment law standards protect IP? Should States be held liable for breach if BIT protections?

The EU Issues Sweeping Cross-Border Asset Seizure Regulations 11-19-2018

V&E Anti-Money Laundering Update, November 19, 2018

On November 6, 2018, the European Council adopted new regulations designed to streamline cross-border asset seizures.

On Veterans’ Day, Two Lawyers View Their Service Past and Present 11-13-2018

First published in The Texas Lawbook, November 12, 2018

Monday is a special day for John Daywalt. Having passed the Texas bar exam, he’s being sworn in as a corporate attorney for Vinson & Elkins.

Federal Circuit Holds that Assignor Estoppel is not Available in Inter Partes Review (IPR) Proceedings 11-12-2018

V&E IP Insights, November 12, 2018

In Arista Networks, Inc. v. Cisco Systems, Inc., Nos. 2017-1525 and 2017-1577 (November 9, 2018), the Federal Circuit held that assignor estoppel is not available in inter partes review (IPR) proceedings.

The Democrats Retake the House: Understanding the Impact for Congressional Investigations 11-09-2018

V&E FCPA & Global Anti-Corruption Update, November 9, 2018

As a result of this week’s elections, Democrats will hold a majority in the House of Representatives when the new Congress convenes next January.

Supreme Court Considers Cy Pres Settlements 11-05-2018

V&E Antitrust Update, November 5, 2018

Sometimes the monetary recovery from a class action is not enough to be feasibly distributed to the class.

New Anti-Money Laundering Regulations Target Cryptocurrencies 11-05-2018

V&E Anti-Money Laundering Update, November 5, 2018

On October 19, 2018, the Financial Action Task Force ("FATF"), adopted changes to its global anti-money-laundering (“AML”) standards to address cryptocurrencies. The announcement came right before the ten-year anniversary of Bitcoin’s introduction to the world, October 31, 2018.

Treasury Department Issues Opportunity Zone/Opportunity Fund Guidance 11-05-2018

V&E Tax Update, November 5, 2018

Treasury and the IRS recently issued highly-anticipated proposed regulations and an accompanying Revenue Ruling providing additional guidance on the implementation of the Qualified Opportunity Zone provisions of the Tax Cuts and Jobs Act (the "TCJA").

Autumn Budget 2018 10-29-2018

V&E Tax Update, October 30, 2018

This update summarises tax announcements made in the UK Budget on Monday 29 October 2018 that are likely to be most relevant to our clients.

1st Circ. Weighs In On Uninjured Class Members Issue 10-25-2018

First published in Law360, October 24, 2018

In nearly every class certification motion in antitrust cases, the parties dispute whether the putative class contains uninjured persons and whether their presence defeats class certification.

The EU Ramps Up Anti-Money Laundering Efforts, With Big Penalties For Professionals and Companies 10-25-2018

V&E Anti-Money Laundering Update, October 25, 2018

In the wake of several high-profile money laundering scandals involving European banks, the Council of the European Union recently adopted a new anti-money laundering initiative. 

Becoming an Arm of the State: Recent Challenge to Statements Made in Internal Investigations Shines a Spotlight on the Role of the Government in Internal Investigations 10-22-2018

V&E Government Investigations Update, October 22, 2018

Two former traders of Deutsche Bank AG, Gavin Black and Matthew Connolly, were recently convicted of wire fraud and conspiracy for submitting fraudulent rates to the London Interbank Offer Rate (“LIBOR”) during their employment.

No Injury? No Class. First Circuit Sharply Limits Class Certification in Antitrust Cases When the Class Contains Uninjured Persons, Highlighting a Circuit Split 10-19-2018

V&E Antitrust Update, October 19, 2018

The First Circuit just addressed one of the recurring issues at the cutting edge of class certification in antitrust cases — whether a class can be certified if it contains a significant number of persons who were not injured.

BSEE Finalizes Production Safety Systems Rule Amendments: Third-Party Certification of Critical Safety and Pollution Prevention Equipment is No Longer Required 10-18-2018

V&E Environmental and Natural Resources Update, October 18, 2018

On September 28, 2018, the federal Bureau of Safety and Environmental Enforcement (“BSEE”) published a final rule amending existing oil and gas production safety system regulations imposed on oil and gas exploration and production operators in the federal Outer Continental Shelf (“OCS”).

“Company, Monitor Thyself”: DOJ Announces New Policy on the Use of Corporate Monitors 10-18-2018

V&E FCPA & Global Anti-Corruption Update, October 18, 2018

New guidance from the Department of Justice (“DOJ” or “the Department”) clarifying the factors DOJ will consider when deciding whether to impose a corporate monitor may further reduce the imposition of corporate monitors in DOJ settlements, limit the scope of monitorships if imposed, and also serve to provide helpful guidance to companies about compliance measures that may help to avoid the imposition of a corporate monitor in the future.

CFIUS Creates Pilot Programs Requiring The Filing of Declarations 45 Days Prior to Closing “Pilot Program Covered Transactions” 10-16-2018

V&E CFIUS Update, October 16, 2018

On October 11, 2018, the Committee on Foreign Investment in the United States (CFIUS) announced a pilot program under the Foreign Investment Risk Review Modernization Act (FIRRMA) that, for the first time in the history of CFIUS, sets out specific transactions that require parties to specified transactions to file a declaration (Declaration) to the Committee and to do so 45 days prior to closing. 

California Passes First Internet of Things Security Law in the U.S. 10-15-2018

V&E Cybersecurity and Data Privacy Insights, October 15, 2018

On September 28, 2018, California Governor Jerry Brown signed into law a bill titled “Security of Connected Devices” (CaSCD) to regulate security of Internet of Things (IoT) devices. 

Facebook Faces Another Consequence of Its Privacy Problems: Shareholder Lawsuits 08-06-2018

High-Tech Law & Litigation Blog

After months of being on the hot-seat on Capitol Hill, in the press, and among its users, Facebook is now facing a pair of shareholder suits alleging that it misled investors about its expected revenues and user growth.

OSHA Proposes Rescinding Most of Obama Electronic Reporting Requirements 08-02-2018

V&E Labor & Employment Blog

We were not surprised when OSHA issued a Notice of Proposed Rule late last week which would eliminate the Obama Department of Labor requirements that employers with more than 250 employees would have to electronically submit their logs of Work-Related Injuries and Illnesses (OSHA Form 300) and their Injury and Illness Incident Reports (OSHA Form 301).

U.S. Immigration Visas: A Bureaucratic Wall is Being Built 07-31-2018

V&E Labor & Employment Blog

United States Citizenship and Immigration Services (“USCIS”), the governmental organization that administers the country’s legal immigration system, recently released data regarding visa denials and requests for evidence (“RFEs”) for the fourth quarter.

Is the Third Time the Charm? - Initiative #97 Seeks a Five-Fold Increase in Setback Distances Between Homes and New Oil and Gas Development in Colorado 07-26-2018

Environmental Blog

Following on the heels of failed attempts in 2014 and 2016, proponents of greater restrictions against new oil and gas exploration and production activities in Colorado are once again seeking to increase the regulatory setback distance between homes and new oil and gas development in the state.

Doing Background Checks Right (Part One) 07-26-2018

V&E Labor & Employment Blog

When I first started practicing law, only a few of my clients conducted background checks on prospective hires. Today, my clients who don’t conduct background checks are the exception. 

Is Brazil Blazing a Trail on Employment Arbitration? 07-24-2018

Labor & Employment Blog

Adding an arbitration provision to an employment contract has been a familiar practice for many HR professionals in the United States. That’s unlikely to change, particularly since the U.S. Supreme Court recently upheld employment arbitration agreements barring class actions, see Epic Systems Corp. v. Lewis. But what about the rest of the world? 

Is Your Employee Faking His FMLA Leave? 07-19-2018

V&E Labor & Employment Blog

Your employee claims that he has debilitating migraines. After he provided medical certification of his condition from his physician, you approved his request for intermittent FMLA leave to miss work whenever the condition occurs.

The CFTC Ups the Ante in the Whistleblower Award Game 07-17-2018

V&E Labor & Employment Blog

Not to be outdone by the SEC’s recent landmark whistleblower awards (discussed here and here), the Commodity Futures Trading Commission (“CFTC”) just awarded its fifth and largest whistleblower award to date to a single whistleblower, $30 million.

Internships Are Not Bribes, Right? Don't Bank on It. 07-12-2018

V&E Labor & Employment Blog

The SEC announced last week another agreement by an international bank to pay approximately $30 million to resolve charges in connection with alleged improper hiring practices in the Asia Pacific region to influence foreign officials.

Keep Calm and Carry On: How Brexit Will Affect American Businesses 07-10-2018

V&E Labor & Employment Blog

With many media channels and American businesses still wondering about Brexit, we wanted to cut through the noise and answer questions about recent UK and EU developments and what impact they might have (or might not have) on U.S. multinational companies. 

Traveling Overseas for Work – Paid or Unpaid? 07-05-2018

V&E Labor & Employment Blog

I recently traveled to Norway for business. On my long flight home, I began considering to what extent my travel time would be compensable time under the Fair Labor Standards Act (“FLSA”) (assuming I were a non-exempt employee, of course).

Celebrate Freedom, Hug a Lawyer 07-03-2018

V&E Labor & Employment Blog

“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.

Don’t Forget OSHA’s July 1, 2018 Filing Deadline 06-29-2018

V&E Labor & Employment Blog

Any establishment with 250 or more employees that is required to keep OSHA injury and illness records — as well as establishments with between 19 and 250 employees in a broad range of industries (manufacturing, many types of retail establishments, hospitals, etc.) — must file their OSHA 300A forms for 2017 no later than July 1, 2018.

A Monster of a Lesson on Managing Risks in Supply Chains 06-28-2018

V&E Labor & Employment Blog

The worlds of shareholder activism and international human rights have converged to unleash a campaign against Monster Beverage Corporation.

FTC Says Hatch-Waxman Suits Not Immune from Antitrust Scrutiny 06-26-2018

High-Tech Law & Litigation Blog

The Federal Trade Commission (“FTC”) has sought permission to file an amicus brief in a pharmaceutical patent case, urging a district court to reject the argument that patent infringement suits brought under the Hatch-Waxman Act are categorically exempt from antitrust scrutiny.

Cloudy with a Chance of Trade Secrets: Ensuring Trade Secret Protection for Data Stored in the Cloud 06-26-2018

V&E Labor & Employment Blog

Cloud storage is easy to set up, very shareable, accessible on an iPhone, and thus commonplace in workplaces across the country. The use of this technology, however, poses unique challenges for maintaining the confidentiality of employer data under trade secret laws.

Environmental Appeals Board Weighs Challenge to Power Plant’s PSD Permit for EPA’s Dismissal of Battery Storage as BACT for Peak Demand Periods 06-21-2018

Environmental Blog

On May 29, 2018, nongovernmental organizations (“NGOs”), including the Sierra Club, petitioned the U.S. Environmental Protection Agency (“EPA”) Environmental Appeals Board, challenging the federal Clean Air Act Prevention of Significant Deterioration permit issued by EPA Region 9 for the Palmdale Energy Project in California.

NGOs Push for Battery Storage As BACT at California Gas Plant 06-21-2018

Climate Change Blog

On May 29, 2018, the Sierra Club and other environmental groups filed a petition for review with the U.S. Environmental Protection Agency (EPA) Environmental Appeals Board (EAB) to challenge the federal Clean Air Act (CAA) Prevention of Significant Deterioration (PSD) Permit issued by EPA Region 9 for the Palmdale Energy Project (PEP).

Don’t Be an Ostrich When Dealing with Your Subcontractors 06-21-2018

V&E Labor & Employment Blog

A few weeks ago I spoke about the legal challenges of managing contractors at the Texas Chemical Council’s annual Environmental, Health & Safety conference in Galveston, Texas. 

A Third Approach to Classification — What is a British “Worker” 06-19-2018

V&E Labor & Employment Blog

The recent Pimlico Plumbers case provides insight into how the UK Supreme Court analyses worker classification.

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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