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What the Dramatic Rise in FCPA Enforcement Means for M&A 10-14-2019

A recent expansion by the DOJ to its FCPA Corporate Enforcement Policy (CEP) has gone largely unnoticed, but provides new incentives for companies to self-report misconduct discovered after a merger or acquisition, while raising the specter of increased exposure for companies and executives who sell assets tainted by corruption.

2019 Creating Pathways to Diversity® Conference 10-14-2019

V&E is proud to support the 2019 Creating Pathways to Diversity® Conference hosted by the Minority Corporation Counsel Association (MCCA) taking place Monday, October 14 through Wednesday, October 16 in New York.

Amazon Pitches Facial “Rekognition” Law to Feds 10-11-2019

On Wednesday, September 25, at a surprise appearance after a product event in Seattle, Amazon CEO Jeff Bezos revealed that the company’s public policy team is drafting proposed regulations for facial recognition technology, with plans to share them with the federal government.

What U.S. Investors Need to Know About Mexican Labor Law 10-10-2019

Managing the Modern Workplace, October 10, 2019

If you are a human resources manager or an in-house labor lawyer for a U.S. company that is doing business or contemplating doing business in Mexico, you do need to be aware of key differences between U.S. and Mexican labor laws. 

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

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

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

V&E Export Controls Update, October 9, 2019

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

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

Environmental Blog

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

De mortuis nil nisi bonum. 10-09-2019

Managing the Modern Workplace, October 9, 2019

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

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

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

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

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

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

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

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

Ninth Annual Hydraulic Fracturing Symposium 10-03-2019

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

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

Managing the Modern Workplace, October 3, 2019

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

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

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

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

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

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

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

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

Managing the Modern Workplace, October 1, 2019

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

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

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

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

Cyber-insurance 101: The Basics 09-30-2019

Increasingly, organizations are purchasing cyber-insurance or requiring their vendors to do so to mitigate risks related to cyber-attacks. In this video, partner Devika Kornbacher helps companies think through choosing the coverage that is best for them.

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

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

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.

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. 

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.

Corporate and MLP Securities Litigation 01-21-2015

Energy Series Logo - Mini Thumbnail - 50px WideLitigation challenging the fairness of M&A transactions involving MLPs (and LLCs) has remained strong. The presentation will review recent case law regarding investment banking fairness opinions, conflicts of interest, and adequacy of disclosures in proxy or registration statements.

MLP 201 11-18-2014

The course will cover advanced MLP topics, including a discussion of qualifying income considerations and international MLP assets, with a brief update on the recent IRS private letter ruling pause.

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

Managing the Modern Workplace, September 6, 2019

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

DOJ Antitrust Division Targeting Government Contractors 09-05-2019

V&E Antitrust Update, September 5, 2019

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

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

V&E Corporate Governance Update, September 5, 2019

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

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

V&E Government Investigations Update, September 4, 2019

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

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

Managing the Modern Workplace, September 4, 2019

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

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

V&E Government Investigations Update, September 3, 2019

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

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

Environmental Blog

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

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

V&E Antitrust Update, September 3, 2019

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

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

Managing the Modern Workplace, August 29, 2019

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

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

V&E Energy Policy Update, August 29, 2019

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

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

V&E Corporate Governance Update, August 29, 2019

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

Three Taxpayer-Friendly Developments in the New GILTI Regulations 08-29-2019

V&E Tax Update, August 29, 2019

On June 14, 2019, Treasury released final and proposed regulations implementing the Global Intangible Low Tax Income (GILTI) regime.

Do You Require Your Employees to Electronically Acknowledge Arbitration Agreements? Make Sure Your Process Is Effective. 08-27-2019

Managing the Modern Workplace, August 27, 2019

It should go without saying that, when an employer presents an employee with an arbitration agreement, it is not enough for the employee to sign the document simply, “I’ve reviewed the agreement.” An employee must affirmatively agree to or, in legal terms, accept the contract. 

“Panama Papers” Case Reminds How to Protect Against Inadvertently Waiving Attorney-Client Privilege 08-23-2019

V&E Government Investigations Update, August 23, 2019

Recent efforts by the Department of Justice to obtain confidential attorney-client communications in connection with a “Panama Papers” indictment present a stark reminder that lawyers and clients must fastidiously protect the attorney-client privilege else their communications may be compromised and used against them at trial.

California’s Voluntary Framework and the Brewing Storm of GHG Emissions Litigation 08-23-2019

California has played a unique role in the development of greenhouse gas emissions standards for motor vehicles.

Cisco’s $8.6 Million False Claims Act Settlement Signals Viability of Cybersecurity Claims Under the False Claims Act 08-22-2019

V&E Government Investigations Update, August 22, 2019

On July 31, 2019, Cisco Systems, Inc. (“Cisco”) agreed to pay $8.6 million to settle a False Claims Act (“FCA”) whistleblower allegation that it sold video surveillance equipment to government agencies knowing the equipment was susceptible to cyber-attack.1

Union — Employer Scandals Hurt Many Modern Workplaces 08-22-2019

Managing the Modern Workplace, August 22, 2019

In many American workplaces, the union that represents the employees has been ensconced for decades. 

Will the Chickens Come Home to Roost for Managers of Raided Chicken Plants? 08-20-2019

Managing the Modern Workplace, August 20, 2019

Many have lashed out at the Trump administration’s recent immigration raids in Mississippi that resulted in the arrest of nearly 700 workers at five chicken processing plants in Mississippi.

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.

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.

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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