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NCMA World Congress 2019 07-29-2019

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

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

Managing the Modern Workplace, July 16, 2019

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

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

V&E Antitrust Update, July 15, 2019

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

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

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

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

Managing the Modern Workplace, July 11, 2019

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

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

V&E Government Contracts Update, July 10, 2019

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

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

Managing the Modern Workplace, July 9, 2019

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

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

V&E Environmental Law Update, July 9, 2019

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

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

Managing the Modern Workplace, July 3, 2019

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

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

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

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

Restructuring and Refinancing Meetup - Barcelona 07-02-2019

V&E partner Federico Fruhbeck participated in the Restructuring and Refinancing Meetup of the Barcelona Bar Association on June 18, 2019 to discuss “The role of funds in refinancing and restructuring transactions in Spain.”

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

Managing the Modern Workplace, July 2, 2019

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

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

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

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

The Trouble With Emojis: Emerging Legal Issues and Proposed Business Responses 06-27-2019

This interactive program explored the communication disconnects and legal problems arising from emojis, including case studies and quizzes to test your knowledge of emojis’ meanings, and offered targeted responses to help protect businesses from legal liability.

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

Managing the Modern Workplace, June 27, 2019

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

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

V&E Government Investigations Update, June 27, 2019

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

Maybe It’s Real This Time: Mexico Fights Corruption 06-26-2019

V&E Government Investigations Update, June 26, 2019

In May 2019, delivering on his central campaign promise to target corruption in Mexico, Mexico President Andrés Manuel López Obrador’s administration launched an investigation into Emilio Lozoya Austin, former CEO of Mexican state-owned oil and gas company Petróleos Mexicanos (“Pemex”) for alleged fraud, money laundering, and bribery.

DOJ Employs Aggressive Tactics to Win 5th Straight Trial Victory, Highlighting the Risks for Executives in FCPA Cases 06-25-2019

V&E Foreign Corrupt Practices Act Update, June 25, 2019

On June 20, 2019, a federal jury in Boston returned guilty verdicts against two high-level executives for their role in a conspiracy to bribe foreign government officials in Haiti, in violation of the Foreign Corrupt Practices Act (FCPA) and related money laundering and Travel Act offenses.

Does Your Arbitration Agreement Include a Carve-Out for Employee Access to the National Labor Relations Board? It Should. 06-25-2019

Managing the Modern Workplace, June 25, 2019

Most employers mandating arbitration agreements as a condition of employment do not intend to prevent employees from filing unfair labor charges with the National Labor Relations Board. 

Lenders Set Sights on Foreign Collateral, but Borrowers Need to be Cautious 06-25-2019

V&E Tax Update, June 25, 2019

New regulations under section 956 give lenders more ammunition in demanding foreign collateral for U.S. loans, but U.S. borrowers need to draft carefully to avoid tax on foreign income.

NCMA World Congress 2019 07-29-2019

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

Restructuring and Refinancing Meetup - Barcelona 07-02-2019

V&E partner Federico Fruhbeck participated in the Restructuring and Refinancing Meetup of the Barcelona Bar Association on June 18, 2019 to discuss “The role of funds in refinancing and restructuring transactions in Spain.”

The Benchmark Litigation 5th Annual Women in Litigation Forum 06-20-2019

The Benchmark Litigation 5th Annual Women in Litigation Forum, sponsored by V&E, will take place this year on Thursday, June 20th in Palo Alto.

UT Law Conference on State & Federal Appeals 06-20-2019

V&E is again sponsoring UT Law's Conference on State & Federal Appeals. On June 20, partner Jeremy Marwell will review the Supreme Court of the Unites States' 2018 term and look ahead to the 2019 term commencing in October.

Hate Speech and Incitement - Fifty Years after Brandenburg v. Ohio 06-17-2019

This program will explore the legacy of Brandenburg’s standard of “incitement to imminent lawless action,” the challenges that journalists face in covering controversial speakers and groups, the treatment of these speakers and groups by public institutions post-Charlottesville, and the heightened tensions between the right to speak and social media platforms’ right to censor, limit, or ban these speakers.

Edison Electric Institute (EEI) 2019 Conference 06-09-2019

On Tuesday, June 11, V&E partner Margaret Peloso will speak on the panel "Taming Nature's Fury: Electric Companies and Extreme Weather Events."

The Gatekeepers’ Course: Navigating Evolving Trends in Corporate Governance and Compliance 05-29-2019

Vinson & Elkins invites you to a discussion of this year’s trending legal issues affecting public companies. This program is an excellent forum for internal legal teams to get perspectives from our lawyers on the issues companies are currently facing on a daily basis. 

UT Law’s 32nd Annual Technology Law Conference 05-23-2019

V&E is sponsoring the Thursday evening networking reception at the UT Technology Law Conference.

6th Mergers & Acquisitions in Energy Conference 05-21-2019

V&E lawyers Shamus Crosby, Matt Dobbins, and Lande Spottswood will speak at the 6th Annual Mergers & Acquisitions in Energy Law Conference in Houston on Tuesday, May 21. 

Popcorn & Principles XVII: More Order in the Court 05-07-2019

Popcorn & Principles XVII, More Order in the Court is a fun and interactive review of several key principles found in the rules of professional conduct.

8th Annual Private Equity US Spring Forum 05-06-2019

V&E partner Robert Seber will be conducting an interview with Chuck Davis, CEO of Stone Point Capital at the 8th Annual Private Equity US Spring Forum in New York City on Monday, May 6th.

ITC Trial Lawyers Association Event 05-02-2019

V&E partner Steve Borgman will speak on the overlap and interplay of International Trade Commission and federal court litigation at an event organized by the ITC Trial Lawyers Association and the IP Law Section of the State Bar of Georgia.

PLI Tax Planning for Domestic & Foreign Partnerships, LLCs, Joint Ventures & Other Strategic Alliances 04-30-2019

V&E Partner Gary Huffman will speak on "Advanced Basis Issues: Impact of Liabilities" at PLI's Tax Planning for Domestic & Foreign Partnerships, LLCs, Joint Ventures & Other Strategic Alliances conference in April in New York and in Chicago in May.

13D Monitor Active-Passive Investor Summit 04-16-2019

Patrick Gadson, New York Co-Chair of V&E’s Shareholder Activism practice, will be speaking on a panel on "Best & Worst Things a Company Can Do When Approached by an Activist" at the 13D Monitor Conference in New York City at the Plaza on Tuesday, April 16th.

Kayo Women's Energy Summit 04-16-2019

Sarah MorganDanielle Patterson, and Bailey Pham will be speaking on various panels throughout the Kayo Women's Energy Summit in Houston on Tuesday, April 16th and Wednesday, April 17th.

NACD Northern California Chapter – Private Dinner with V&E 04-15-2019

V&E will host a private dinner with the Northern California Chapter of the National Association of Corporate Directors in San Francisco.

Public Roundtable on Antitrust Criminal Penalty Enhancement & Reform Act (ACPERA) 04-11-2019

On April 11th, V&E Counsel Lindsey Vaala will speak on a panel at a public roundtable held by the Department of Justice Antitrust Division to discuss the Antitrust Criminal Penalty Enhancement & Reform Act.

Solar & Storage Finance Texas 04-09-2019

The Solar & Storage Finance Texas conference will take place in Austin, Texas on April 9 and 10.

Independent Petroleum Association of America's (IPAA) Oil & Gas Investment Symposium 04-08-2019

V&E partners Mingda Zhao and Brenda Lenahan and Senior Associate Julia Pashin will join representatives from Ernst & Young on a panel addressing "Valuation Creation and Strategic Exit Readiness" at the Independent Petroleum Association of America (IPAA)'s Oil & Gas Investment Symposium in New York.

Tax Executives Institute (TEI) 2019 Mid-Year Conference 04-01-2019

On April 1, V&E partner Gary Huffman will speak as a co-panelist on "The New Limitation on the Deduction for Business Interest Expense Under Section 163(j)" at the Tax Executives Institute's 2019 Mid-Year Conference.

The Trouble With Emojis: Emerging Legal Issues and Proposed Business Responses 06-27-2019

This interactive program explored the communication disconnects and legal problems arising from emojis, including case studies and quizzes to test your knowledge of emojis’ meanings, and offered targeted responses to help protect businesses from legal liability.

Why Do Property REITs Have Operating Partnerships: REIT OP Units as a Tax-Advantaged Currency for Property Acquisitions 05-28-2019

REITs_Thumbnail

In this presentation, we reviewed the UPREIT structure with a particular focus on how REITs use OP Units to acquire properties.


High Yield Bonds in the Energy Industry 04-10-2019

Energy Series Logo - Mini Thumbnail - 50px WideV&E partners provided an overview of high yield bonds in the energy industry, including a discussion of structuring issues, covenants and recent developments.

Public Company Consolidations: What You Need to Know 03-20-2019

Energy Series Logo - Mini Thumbnail - 50px WideV&E partners discussed recent trends and hot topics relating to consolidation transactions involving public companies.

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

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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. 


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.

Building and Overseeing Effective Compliance and Corporate Governance 01-30-2019

V&E lawyers discussed key trends and developments in compliance and corporate governance and how to create and oversee a healthy and holistic compliance and corporate governance program. 

Recent Antitrust Enforcement in the Energy and Chemical Industries 01-17-2019

Energy Series Logo - Mini Thumbnail - 50px WideV&E lawyers discussed recent antitrust developments in the energy and chemical industries – including merger enforcement, cartel investigations, and private litigation – and explain how these developments will affect future enforcement efforts.

The New Governance: Navigating the Rising ESG Tide 12-12-2018

Energy Series Logo - Mini Thumbnail - 50px WideIn this program, V&E climate change, international human rights and governance professionals provided practical guidance for companies facing exponentially growing ESG demands and expectations.

Recent Trends in Renewable Energy Dealmaking 11-07-2018

Energy Series Logo - Mini Thumbnail - 50px WideThree attorneys from Vinson & Elkins who frequently represent financial sponsors in the renewables sector discussed the impact of additional capital deployment.

Cyber-Governance: Legal Considerations for Cyber Disclosure and Preparedness 11-01-2018

Today, companies face more complex and sophisticated cyberthreats and new and evolving cybersecurity regulations and standards around the world. This CLE breaks down recent developments, and helps listeners identify key areas of risk and liability, develop and implement a compliant information security program, prepare for any cyber-event, and communicate their risks and readiness with key stakeholders.

Are You SLAPP Happy Yet? 10-30-2018

Since its enactment in 2011, the Texas Citizens Participation Act (TCPA) has become an increasingly important tool in a broad range of cases and other legal proceedings. This program covered the nuts and bolts of litigation under the TCPA.

REIT Internalization Transactions 10-30-2018

REITs_ThumbnailIn the fourth quarter REIT Series presentation, V&E attorneys discussed internalization structures and various considerations that REITs, their external managers and financial advisors should consider.

Eighth Annual Hydraulic Fracturing Symposium 10-03-2018

On October 3, 2018, V&E hosted our annual seminar discussing timely topics surrounding unconventional oil and gas development.

Market Update: Evolution of Midstream IPO Structures 09-12-2018

Energy Series Logo - Mini Thumbnail - 50px WideIn this program, V&E attorneys provided a market update on Up-C Limited Partnerships, Up-C Corporations, Traditional C-Corps, Modified MLPs and SPACs.

Legal Talk Network Podcast – Antitrust Cartel Enforcement 08-21-2018

V&E counsel Lindsey Vaala served as a panelist for a podcast discussion regarding antitrust cartel enforcement hosted by the Legal Talk Network.

Compensation Trends in the REIT Industry 07-19-2018

REITs_ThumbnailThe third quarter V&E REIT Series presentation explored the latest trends and developments impacting compensation decisions and disclosures in the REIT industry.

Keep Calm and Carry On: How Disputes, Data Privacy and Employment Issues Post-Brexit will Affect American Businesses 06-14-2018

Join members of V&E’s cross-border cybersecurity, employment, and dispute resolution teams as we analyze these developments through the lens of U.S. multinational companies planning to navigate a post-Brexit Europe.

FTC Updates Guidance on Premerger Due Diligence and Negotiations (Sharing But Not Oversharing) 06-13-2018

Energy Series Logo - Mini Thumbnail - 50px WideThe Federal Trade Commission (FTC) recently issued guidance on information sharing while conducting premerger negotiations and due diligence.

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

V&E Antitrust Update, July 15, 2019

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

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

V&E Government Contracts Update, July 10, 2019

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

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

V&E Environmental Law Update, July 9, 2019

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

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

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

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

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

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

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

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

V&E Government Investigations Update, June 27, 2019

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

Maybe It’s Real This Time: Mexico Fights Corruption 06-26-2019

V&E Government Investigations Update, June 26, 2019

In May 2019, delivering on his central campaign promise to target corruption in Mexico, Mexico President Andrés Manuel López Obrador’s administration launched an investigation into Emilio Lozoya Austin, former CEO of Mexican state-owned oil and gas company Petróleos Mexicanos (“Pemex”) for alleged fraud, money laundering, and bribery.

DOJ Employs Aggressive Tactics to Win 5th Straight Trial Victory, Highlighting the Risks for Executives in FCPA Cases 06-25-2019

V&E Foreign Corrupt Practices Act Update, June 25, 2019

On June 20, 2019, a federal jury in Boston returned guilty verdicts against two high-level executives for their role in a conspiracy to bribe foreign government officials in Haiti, in violation of the Foreign Corrupt Practices Act (FCPA) and related money laundering and Travel Act offenses.

Lenders Set Sights on Foreign Collateral, but Borrowers Need to be Cautious 06-25-2019

V&E Tax Update, June 25, 2019

New regulations under section 956 give lenders more ammunition in demanding foreign collateral for U.S. loans, but U.S. borrowers need to draft carefully to avoid tax on foreign income.

Walmart Doesn’t “Save Money,” But It May “Live Better” After DOJ Agrees to Significant Concessions to Narrow Scope of its Corporate Monitorship 06-21-2019

V&E FCPA & Global Anti-Corruption Update, June 21, 2019

In a significant departure from previous practice, the Department of Justice (“DOJ”) imposed a corporate monitor on a company even after it engaged in extensive remedial measures and enhanced its compliance functions, but DOJ also agreed to narrow the scope, obligations and term of the corporate monitorship in what is the most meaningful example yet of how DOJ intends to implement its new policy on corporate monitors.

A New Day “Dawning”: Uptick in Dawn Raids by the United Kingdom Financial Conduct Authority 06-20-2019

V&E Government Investigations Update, June 20, 2019

No matter the regulator, a series of enforcement officials and agents appearing unannounced to conduct an investigatory raid of a company’s place of business may be most companies’ worst nightmare.

Supreme Court Says States and Feds Can Prosecute the Same Crime, Upholding the “Separate Sovereigns” Doctrine 06-19-2019

V&E Government Investigations Update, June 19, 2019

The Double Jeopardy Clause of the Fifth Amendment of the U.S. Constitution provides that no person shall “be subject for the same offence to be twice put in jeopardy of life or limb.” 

U.S. Department of Transportation Proposed Reauthorization of Pipeline Safety Programs Focuses on the Existing Mission of PHMSA 06-19-2019

V&E Environmental Law Update, June 19, 2019

On June 3, 2019, Secretary Elaine Chao of the U.S. Department of Transportation (“DOT”) proposed a reauthorization of the DOT’s pipeline safety programs at the Pipeline and Hazardous Materials Safety Administration (“PHMSA”) for four additional years.

FTC Report on over 200 Pharma Settlements Post-Actavis Shows Common Terms, Less “Compensation”; FTC Calls “Possible Compensation” Its “Next Frontier” 06-19-2019

V&E Antitrust Update, June 19, 2019

recent report issued by the FTC’s Bureau of Competition reveals that, in fiscal year 2016 (there is a lag in the FTC’s reporting), pharmaceutical companies filed a whopping 232 final settlement agreements resolving patent disputes between brand and generic manufacturers.

The Australian Digital Platforms Inquiry: Can Regulating Digital Platforms “Save” the Media Industry or Is It Fake News? 06-17-2019

First Published in ICARUS - Spring 2019 ABA Section of Antitrust Law Media and Technology Committee, April 2019

V&E lawyer Evan Miller summarizes Australia’s ongoing digital platforms inquiry.

Opioid Manufacturer Files for Bankruptcy after Settling with DOJ 06-12-2019

V&E Government Investigations Update, June 12, 2019

On June 5, the Department of Justice announced that opioid manufacturer Insys Therapeutics (Insys) agreed to settle the government’s criminal and civil investigations into an illegal marketing scheme for Subsys, an opioid spray used by adult cancer patients. 

Government Agencies Barred From AIA Patent Challenges, Said Supreme Court 06-11-2019

V&E IP Insights, June 11, 2019

On June 10, 2019, the U.S. Supreme Court held that a federal agency is not a “person” able to challenge the validity of a patent post-issuance under the Leahy-Smith America Invents Act of 2011 (the “AIA”).

BSEE Risk-Based Inspections: First Year Report and Second Year Expansion 06-07-2019

V&E Environmental and Natural Resources Update, June 7, 2019

In 2018, the federal Bureau of Safety and Environmental Enforcement (“BSEE”) commenced performance of a new investigatory program at oil and gas exploration and production facilities on the federal Outer Continental Shelf (“OCS”) in the Gulf of Mexico. Dubbed the Risk-Based Inspections (“RBI” or “risk inspections”) Program, this new investigatory tool is intended by BSEE to supplement its regular safety and environmental inspections.

Heritage Pharmaceuticals Under Fire, Settles Criminal and Civil Charges with DOJ 06-06-2019

V&E Antitrust Update, June 6, 2019

On May 30, 2019, the DOJ’s Antitrust Division charged Heritage Pharmaceuticals Inc., a generic pharmaceutical company, for conspiring with its competitors to fix prices, rig bids, and allocate customers. The one-count felony information, filed on May 30 in the Eastern District of Pennsylvania, alleges that from April 2014 to December 2015 Heritage conspired with other individuals and companies to fix and maintain prices of glyburide, a medicine used to treat diabetes.1 At the same time, the Antitrust Division and Heritage entered into a deferred prosecution agreement (“DPA,” explained below) to resolve the charge.

Supreme Court Extends the Statute of Limitations for Claims by Relators 05-31-2019

V&E Government Investigations Update, May 31, 2019

The Supreme Court’s recent decision in Cochise Consultancy Inc. v. United States, ex rel. Hunt,1 has altered the landscape for False Claims Act (FCA) claims by expanding the period for private-party relators to bring FCA lawsuits.

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

Managing the Modern Workplace, July 16, 2019

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

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

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

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

Managing the Modern Workplace, July 11, 2019

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

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

Managing the Modern Workplace, July 9, 2019

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

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

Managing the Modern Workplace, July 3, 2019

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

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

Managing the Modern Workplace, July 2, 2019

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

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

Managing the Modern Workplace, June 27, 2019

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

Does Your Arbitration Agreement Include a Carve-Out for Employee Access to the National Labor Relations Board? It Should. 06-25-2019

Managing the Modern Workplace, June 25, 2019

Most employers mandating arbitration agreements as a condition of employment do not intend to prevent employees from filing unfair labor charges with the National Labor Relations Board. 

Rat Eradication – Inflated and Otherwise 06-20-2019

Managing the Modern Workplace, June 20, 2019

In late May, the New York Times ran a grim story entitled “Rats are Taking Over New York City,” talking about the onslaught of rats in New York and other major cities. In fact, a record 17,353 rat sightings had been reported to the city hotline in the last year. 

Why Does My Investor Relations Manager Need to Be in This Meeting? 06-18-2019

Managing the Modern Workplace, June 18, 2019

For public companies, whenever there is a change in leadership for whatever reason, an issue that must be addressed is whether the company needs to make a public filing disclosing the change. The company should evaluate the disclosure both from a regulatory compliance standpoint and an investor relations standpoint, carefully considering both the tone and content of the disclosure.

Employment Laws Also Apply to Your Household Caretakers 06-13-2019

Managing the Modern Workplace, June 13, 2019

When you are an employment lawyer who represents management, most of your clients are businesses that have human resources departments. From time to time, however, I am cornered by friends at ball games or cocktail parties who have questions about the individual caretakers who assist them in managing their house, children, and garden, or, for example, the home health aides who might take care of their parents. 

Time Is of the Essence: U.S. Supreme Court Rules That Failure-To-Exhaust Argument in Employment Discrimination Suits Can Be Waived If Not Timely Made 06-11-2019

Managing the Modern Workplace, June 11, 2019

On June 3, 2019, in Fort Bend County v. Davis, the Supreme Court held that federal courts can hear discrimination claims under Title VII of the Civil Rights Act, even if the worker alleging discrimination did not bring those claims first to the U.S. Equal Employment Opportunity Commission (“EEOC”) or an equivalent state-level workplace discrimination body.

Does Your Company Have a Heat Policy? Have You Even Heard of Such a Thing? 06-06-2019

Managing the Modern Workplace, June 6, 2019

If you’ve never heard of a heat policy, you might not think that it could be relevant to your company. But with the rapidly evolving world of human rights law, you may need to think again if your employees, or the workers within your supply chains at home or abroad, operate in high-temperature environments.

Watch for Gathering Storms to Protect your Expatriates 06-04-2019

Managing the Modern Workplace, June 4, 2019

We are all concerned when we send an employee to a location where we know that the work circumstances and living conditions may not be the safest. However, we should also be concerned about those expatriates who have been working in locations that were considered safe when they were first given the foreign assignment. 

The Return of the “No-Match” Letter 05-30-2019

Managing the Modern Workplace, May 30, 2019

The last time a client of mine received a “No-Match” letter was in 2012, so I was somewhat surprised when multiple clients received letters from the Social Security Administration in only the last few weeks. Apparently, my clients were not alone. 

Home Remedies for Diagnosing Trade Secrets Theft 05-28-2019

Managing the Modern Workplace, May 28, 2019

Listen to your gut when an employee who had access to confidential information leaves your company. Were they vague on their next steps? Is there a chance they’re going to work for a competitive venture? 

The Westeros Citizens Participation Act (Yeah, Right) 05-23-2019

Managing the Modern Workplace, May 23, 2019

My disappointment with the Game of Thrones’ finale on Sunday night was greatly alleviated by the news on Monday morning that a bill amending the Texas anti-SLAPP law is on its way to the governor’s office. This amendment to the Texas Citizens Participation Act (the anti-SLAPP law) – should it be signed into law by Gov. Abbott – explicitly says that the TCPA does not apply to a legal action arising from an employer-employee relationship (among other relationships) that seeks to recover for trade secrets misappropriation, or seeks to enforce a non-compete or non-disparagement agreement.

Banning the Box on those Old Job Application Forms 05-21-2019

Managing the Modern Workplace, May 21, 2019

While employment lawyers like myself — and the EEOC — have long cautioned employees against automatically asking job applicants about their criminal history, few companies would think twice (absent advice of learned counsel) about asking “Have you ever been convicted of a felony or a misdemeanor?” on their standard job application forms.

Executives Behaving Badly: Applying the “Musk Principles” 05-16-2019

Managing the Modern Workplace, May 16, 2019

The SEC recently sought to have Elon Musk, CEO of Tesla, Inc., held in contempt because Musk tweeted that “Tesla made 0 cars in 2011, but will make around 500k in 2019,” followed by a second tweet in which he wrote “Meant to say annualized production rate at end of 2019 probably around 500k, ie 10k cars/week. Deliveries for year still estimated to be about 400k.”

The Gig Economy In The Crosshairs: The Ninth Circuit Extends Dynamex Retroactively 05-14-2019

Managing the Modern Workplace, May 14, 2019

The battle over the gig economy continues on the West Coast. The Ninth Circuit in Vazquez v. Jan-Pro Franchising International, Inc., held that the California Supreme Court’s test to determine whether a worker is an independent contractor or an employee, has retroactive effect.

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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