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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.

After a Long Delay, the DOL Issues a New Overtime Rule 09-26-2019

Managing the Modern Workplace, September 26, 2019

In November 2016, a Texas federal judge enjoined the Obama administration’s regulations that sought to raise the salary-level requirement for white collar exemptions under the Fair Labor Standards Act from $23,660 to $47,476. Rather than appeal the injunction, the new Trump administration instead chose to withdraw the regulations so that they could be reconsidered.

Nissan Agrees to Pay $16.1 Million to Settle SEC’s Claim of Fraudulent CEO Compensation 09-25-2019

Despite never paying any of the compensation at issue and without admitting or denying the allegations, the Nissan Motor Co., Ltd. (“Nissan”) agreed to pay the Securities and Exchange Commission (“SEC”) $15 million to settle a claim that it engaged in a $140 million fraudulent compensation scheme. 

As Pushback Grows in Europe Against Facebook’s Libra, Walmart Considers its own Cryptocurrency 09-25-2019

A few weeks ago we wrote about the skepticism Libra, Facebook’s proposed cryptocurrency, faced from U.S. regulators. Since then, Libra’s unpopularity has spread across the Atlantic.

ICC Update Note – A Step Towards Greater Transparency 09-25-2019

V&E International Dispute Resolution Update, September 25, 2019

This update provides a reminder of the ICC update note issued by the ICC on 20 December 2018 (effective from 1 January 2019) to parties and arbitral tribunals on the conduct of arbitrations under the ICC Rules of Arbitration (the “2019 Update”). 

Protecting Data in Unlikely Places 09-25-2019

Intellectual Property partner Devika Kornbacher discusses how to protect your company data in unlikely places.

T or F: Employers Shall Make No Rule Abridging the Freedom of Speech? 09-24-2019

Managing the Modern Workplace, September 24, 2019

It’s been so long since I’ve taken a True/False quiz, and as a young man I generally detested the format. Although the answer to the question in the title of this post is False, there really is more to it than that!

ABA Women in Antitrust Spotlight 09-23-2019

First published by ABA Antitrust Connect, Sept. 19, 2019

This ABA Women in Antitrust spotlight features Alanna Rutherford, Vice President in charge of Global Litigation & Competition at Visa.

Treasury Proposes Regulations to Implement CFIUS Reform Law: 10 Things You Need to Know 09-20-2019

V&E CFIUS Update, September 20, 2019

On Tuesday, September 17, 2019, 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”).

28th Annual David W. Robertson Admiralty and Maritime Law Conference 09-20-2019

Hosted by The University of Texas School of Law

V&E partner Phillip Dye will speak on the panel, “So Your Client Wants to Seize a Vessel (or its Cargo): A Primer on How it’s Done” at the 28th Annual David W. Robertson Admiralty and Maritime Law Conference.

So Long Side-Hustle? – California Aims to Reshape “Gig Economy” With Bill AB 5 09-19-2019

Managing the Modern Workplace, September 19, 2019

Last Wednesday, the California legislature passed bill AB 5, a sweeping measure sure to impact the “gig economy” and any business that likens itself the “Uber of _____.”  If signed into law (and the governor has already signaled his intention to sign it), AB 5 would require many companies to re-classify as “employees” many workers who are currently classified as independent contractors, so long as they satisfy certain criteria. 

THE ABC’S OF AB 5—California Passes Legislation to Rein in Gig Economy 09-19-2019

Last Wednesday, the California legislature passed bill AB 5, a sweeping measure sure to impact the “gig economy” and any business that likens itself the “Uber of _____.”

3rd ICC Peruvian Arbitration Day 09-19-2019

V&E International Dispute Resolution & Arbitration partner, Camilo Cardozo, will present at the 3rd ICC Peruvian Arbitration Day in Lima, Peru.

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.

2018 CFO University 04-13-2018

Hosted by Financial Executives International

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

GAR Live Construction Disputes 04-12-2018

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

Equilar Compensation Committee Forum 03-20-2018

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

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

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

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

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

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

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

Iraq Petroleum 2018 02-27-2018

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

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

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

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

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

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

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

Advanced Intellectual Property Law Course 02-07-2018

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

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

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

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

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

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

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

2018 AIPLA Mid-Winter Institute 01-26-2018

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

YPE Houston Breakfast Series 01-23-2018

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

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

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

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.”

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.

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.

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

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.

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. 

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. 

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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