X

Reset Password

Username:

Change Password

Old Password:
New Password:
We have completed your request.
Insights Hero

Insights


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.

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

Energy Series Logo - Mini Thumbnail - 50px WideEmojis — the picture symbols that are so commonplace in texts and instant messages — pose a growing legal threat to businesses. This program will explore the communication disconnects and legal problems arising from emojis, including case studies and quizzes to test your knowledge of emojis’ meanings, and will offer targeted responses to help protect businesses from legal liability.

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. 

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

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

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.

Minority Report: San Francisco Bans Facial Recognition Tech Over Potential Bias, Privacy Concerns 05-23-2019

V&E Government Investigations Update, May 23, 2019

Privacy advocates in the Bay Area have cause for celebration after San Francisco became the first municipality in the United States to pass an ordinance barring the city’s use of facial recognition technology because of the “propensity [of] facial recognition technology [to] endanger civil rights and civil liberties” and “exacerbate racial injustice.”

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.

BSEE 2019 Final Revisions to the Offshore Well Control Rule 05-22-2019

V&E Environmental and Natural Resources Update, May 22, 2019

On May 2, 2019, the federal Bureau of Safety and Environmental Enforcement (“BSEE”) announced final revisions to its Well Control Rule (“WCR”). BSEE proposed the revisions last year, as discussed in our previous publication.

FINRA Gives Broker-Dealers New Tips for Spotting Fraud and Money Laundering 05-22-2019

V&E Government Investigations Update, May 22, 2019

On May 6, 2019, the Financial Industry Regulatory Authority (FINRA) issued Regulatory Notice 19-18 to help broker-dealers recognize and report potential fraud and money laundering.

More Bang for the Antitrust Compliance Buck: Antitrust Division To Consider Preexisting Compliance Programs at the Charging Stage 05-22-2019

After more than a year of careful consideration, the “time has come” for the DOJ Antitrust Division to change its longstanding policy against giving companies credit for having preexisting robust corporate compliance programs in place at the time of the alleged misconduct.

Trademark Licensees Retain Their Rights to Use a Debtor’s Trademarks Despite the Debtor-Licensor’s Rejection of the Licenses 05-22-2019

V&E Restructuring & Reorganization Update, May 22, 2019

The question regarding whether a trademark licensee may continue to use a license after a debtor-licensor rejects the license in its bankruptcy case has now been answered.

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.

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. 

Employment in the Energy Sector 05-20-2019

First published in Practical Law, May 2019

V&E counsel Martin Luff discusses employment in the oil and gas sector and the power and renewable energy sector.

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.”

Brace Yourself: DOJ Demonstrates it Can Adapt to Technological Advances in Healthcare Industry 05-15-2019

V&E Government Investigations Update, May 15, 2019

Although it is sometimes difficult for regulators to keep pace with innovation, telemedicine — the use of telecommunication and information technology to provide medical care remotely — is both rapidly evolving and under intense scrutiny.

Clarity for Crypto: Commissioner Peirce wants the SEC to Refine Fintech Regulation 05-15-2019

V&E Government Investigations Update, May 15, 2019

On May 9, 2019, SEC Commissioner Hester M. Peirce delivered a speech via video conference to the Securities Enforcement Forum lamenting the Commission’s failure to develop meaningful regulation in the realm of cryptocurrency and emphasizing the need for clear regulation that would be meaningful and not overly burdensome.

Supreme Court Expands Potential Scope of Antitrust Lawsuits Against Platforms 05-15-2019

V&E Antitrust Update, May 15, 2019

On May 13, the Supreme Court held in Apple v. Pepper,1 that anyone with a direct relationship with the alleged violator can sue for damages under the federal antitrust laws. 

Federal Cybersecurity Regulations Pose New FCA Risk to Defense Contractors 05-15-2019

V&E Government Contracts Update, May 15, 2019

Defense contractors who falsely claim that they are compliant with federal cybersecurity acquisition regulations may face liability under the False Claims Act (“FCA”) in light of a recent decision from the Eastern District of California. 

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.

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

Energy Series Logo - Mini Thumbnail - 50px WideEmojis — the picture symbols that are so commonplace in texts and instant messages — pose a growing legal threat to businesses. This program will explore the communication disconnects and legal problems arising from emojis, including case studies and quizzes to test your knowledge of emojis’ meanings, and will offer targeted responses to help protect businesses from legal liability.

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. 

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

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

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.

31st Annual International Law Institute 03-28-2019

Vinson & Elkins senior associate Rob Landicho will moderate the International Arbitration panel at the 31st Annual International Law Institute on Thursday, March 28.

Nareit REITwise: 2019 Law, Accounting & Finance Conference 03-26-2019

V&E partner Chris Mangin will speak on "Partnership Tax Issues" on Wednesday, March 27th at Nareit's REITwise: 2019 Law, Accounting & Finance Conference in San Antonio.

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

REITs_Thumbnail

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.

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.

Environmental Enforcement Update 05-24-2018

Energy Series Logo - Mini Thumbnail - 50px WideThis program discussed new developments in environmental enforcement, including the increase in statutory penalties under the various environmental statutes, the new DOJ policy on third party payments, EPA’s revised policy on enforcement, and new DOJ policy on use of agency guidance in enforcement.

REITs and Infrastructure Investment 04-19-2018

REITs_ThumbnailThe second quarter V&E REIT Series presentation explored the types of infrastructure assets that can qualify as real property for purposes of the REIT requirements.

Representations and Warranties Insurance in Energy M&A: An Old Product Gets a New Look 04-11-2018

Energy Series Logo - Mini Thumbnail - 50px WideRepresentations and warranties insurance is fast becoming a standard feature of M&A deals, including recent M&A deals in the energy space. This program looked at the use of this insurance product with a specific focus on energy M&A deals.

Minority Report: San Francisco Bans Facial Recognition Tech Over Potential Bias, Privacy Concerns 05-23-2019

V&E Government Investigations Update, May 23, 2019

Privacy advocates in the Bay Area have cause for celebration after San Francisco became the first municipality in the United States to pass an ordinance barring the city’s use of facial recognition technology because of the “propensity [of] facial recognition technology [to] endanger civil rights and civil liberties” and “exacerbate racial injustice.”

BSEE 2019 Final Revisions to the Offshore Well Control Rule 05-22-2019

V&E Environmental and Natural Resources Update, May 22, 2019

On May 2, 2019, the federal Bureau of Safety and Environmental Enforcement (“BSEE”) announced final revisions to its Well Control Rule (“WCR”). BSEE proposed the revisions last year, as discussed in our previous publication.

FINRA Gives Broker-Dealers New Tips for Spotting Fraud and Money Laundering 05-22-2019

V&E Government Investigations Update, May 22, 2019

On May 6, 2019, the Financial Industry Regulatory Authority (FINRA) issued Regulatory Notice 19-18 to help broker-dealers recognize and report potential fraud and money laundering.

More Bang for the Antitrust Compliance Buck: Antitrust Division To Consider Preexisting Compliance Programs at the Charging Stage 05-22-2019

After more than a year of careful consideration, the “time has come” for the DOJ Antitrust Division to change its longstanding policy against giving companies credit for having preexisting robust corporate compliance programs in place at the time of the alleged misconduct.

Trademark Licensees Retain Their Rights to Use a Debtor’s Trademarks Despite the Debtor-Licensor’s Rejection of the Licenses 05-22-2019

V&E Restructuring & Reorganization Update, May 22, 2019

The question regarding whether a trademark licensee may continue to use a license after a debtor-licensor rejects the license in its bankruptcy case has now been answered.

Employment in the Energy Sector 05-20-2019

First published in Practical Law, May 2019

V&E counsel Martin Luff discusses employment in the oil and gas sector and the power and renewable energy sector.

Brace Yourself: DOJ Demonstrates it Can Adapt to Technological Advances in Healthcare Industry 05-15-2019

V&E Government Investigations Update, May 15, 2019

Although it is sometimes difficult for regulators to keep pace with innovation, telemedicine — the use of telecommunication and information technology to provide medical care remotely — is both rapidly evolving and under intense scrutiny.

Clarity for Crypto: Commissioner Peirce wants the SEC to Refine Fintech Regulation 05-15-2019

V&E Government Investigations Update, May 15, 2019

On May 9, 2019, SEC Commissioner Hester M. Peirce delivered a speech via video conference to the Securities Enforcement Forum lamenting the Commission’s failure to develop meaningful regulation in the realm of cryptocurrency and emphasizing the need for clear regulation that would be meaningful and not overly burdensome.

Supreme Court Expands Potential Scope of Antitrust Lawsuits Against Platforms 05-15-2019

V&E Antitrust Update, May 15, 2019

On May 13, the Supreme Court held in Apple v. Pepper,1 that anyone with a direct relationship with the alleged violator can sue for damages under the federal antitrust laws. 

Federal Cybersecurity Regulations Pose New FCA Risk to Defense Contractors 05-15-2019

V&E Government Contracts Update, May 15, 2019

Defense contractors who falsely claim that they are compliant with federal cybersecurity acquisition regulations may face liability under the False Claims Act (“FCA”) in light of a recent decision from the Eastern District of California. 

Federal Circuit Turns Down Competitor Standing Argument for IPR Appeals 05-14-2019

V&E IP Insights, May 14, 2019

On May 13, 2019, the Federal Circuit held that an IPR petitioner may not use the competitor standing doctrine to establish Article III standing in an appeal of a PTAB decision where the petitioner has no present or nonspeculative interest in engaging in conduct covered by the patent claims at issue.

The Impact of the Decision in Triple Point Technology on the FIDIC and IChemE Standard Forms 05-14-2019

V&E International Dispute Resolution Update, May 14, 2019

In the recent decision of Triple Point Technology, Inc v PTT Public Company Ltd [2019] EWCA Civ 230, the Court of Appeal considered the extent to which liquidated damages are recoverable in the event of termination and attempted to reconcile a string of inconsistent case law.

OFAC's Economic Sanctions Compliance Framework Signals Focus on Risk-Based Compliance 05-10-2019

V&E Exports Control & Economic Sanctions Update, May 10, 2019

The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) released a comprehensive framework on five essential components of an economic sanctions compliance program.  

Investigation Outsourcing: When Do Companies Become Arms of the State? 05-09-2019

V&E Government Investigations Update, May 9, 2019

A recent decision by a district judge in the Southern District of New York demonstrates that when a company’s outside counsel conducts an investigation in connection with a government investigation of the company, the Government’s involvement in shaping, directing and relying upon that investigation will be closely scrutinized.1

SEC Proposes Changes to Financial Statement Requirements for Acquisitions 05-09-2019

V&E REIT Update, May 9, 2019

On May 3, 2019, the SEC proposed rules to amend Rule 3-14 of Regulation S-X, which sets forth the financial statement requirements relating to acquisitions of real estate operations, and Rule 3-05 of Regulation S-X, which sets forth the financial statement requirements relating to acquired businesses that are not real estate operations.

Recent Enforcement Trends: Healthcare and Life Sciences Sector 05-07-2019

V&E Government Investigations & White Collar Criminal Defense Update, May 7, 2019

Produced by the firm’s Government Investigations & White Collar Criminal Defense practice, the Vinson & Elkins Recent Enforcement Trends: Healthcare and Life Sciences Sector report provides a comprehensive analysis of developments specific to the Healthcare and Life Sciences industry.

Updated DOJ Guidance Provides Useful Roadmap for Implementing and Enhancing Corporate Compliance Programs 05-02-2019

V&E Government Investigations Update, May 2, 2019

On Tuesday, the U.S. Department of Justice released perhaps the most comprehensive guidance to date on how prosecutors evaluate the design, implementation, and effectiveness of corporate compliance programs in making charging decisions, framing sentencing recommendations, and determining whether on-going corporate compliance obligations, such as the imposition of a monitor, may be necessary as part of any enforcement resolution.

DOJ Announces First Criminal Charges Against a Distributor in the Fight Against Opioids 05-01-2019

V&E Government Investigations Update, May 1, 2019

Last week, the U.S. Department of Justice took an important step in the fight against opioid abuse, announcing the first criminal charges against a pharmaceutical distribution company for its part in perpetuating the opioid crisis by ignoring red flags of abuse.

Second Set of Qualified Opportunity Zone Regulations Provide Needed Clarity to Spur Investment 05-01-2019

V&E Tax Update, May 1, 2019

Treasury and the IRS recently issued their second round of proposed regulations (the “Proposed Regulations”), providing needed clarity to spur investments in Qualified Opportunity Zones (QOZs).

Developments in Governance and Disclosure: Spring 2019 04-29-2019

V&E Corporate Governance Update, April 29, 2019

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

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.

Pink Hair in the Workplace 05-09-2019

Managing the Modern Workplace, May 9, 2019

A few months ago, I was having lunch with a good friend who — although she is not an employment lawyer — likes to get my thoughts on current workplace issues. As we ate our pizzas, my friend wanted to talk about the Millennial receptionist at her office who had showed up earlier that morning having dyed her hair bright pink.

Under Pressure: Public Companies and Disclosures About Their Employees 05-07-2019

Managing the Modern Workplace, May 7, 2019

There is growing pressure on public companies to disclose information about their employees. At the end of March, for example, the SEC’s Investor Advisory Committee recommended that the SEC recognize the significance of human capital management and incorporate disclosures about employees in the SEC’s standard disclosure requirements.

“This is My Information and You Can’t Have It” – Breaking Down Information Walls in the Workplace 05-02-2019

Managing the Modern Workplace, May 2, 2019

I recently heard a story about a company that created a new division as a result of a technology advancement and ran into a problem –– a “wall,” if you will. The problem was that, in its nascent state, the technology that was going to be used by this new division had been previously “owned” by the IT department. 

Professionals and Managers as Shift Workers 04-30-2019

Managing the Modern Workplace, April 30, 2019

What if companies and firms made flexible work mandatory for all?  What if everyone was given a “shift” to work and knew that otherwise, they were not to respond to the constant emails or calls, but rather could rely upon their “shift relief” to answer?  Would the result be a more fair workplace for all with equality in opportunity and compensation?

The Supreme Court All But Ends Classwide Arbitration, Delivering A Win For Employers 04-25-2019

Managing the Modern Workplace, April 25, 2019

When most employers think about arbitration with their employees, they think about arbitrating the claims of one employee at a time.

Glencore the Latest to Commit to Climate Action 100+ Initiative 04-24-2019

Glencore PLC, the British-Swiss multinational trading and mining company, is one of the latest to commit to take steps in line with investor initiative Climate Action 100+. 

The Supreme Court “Finally” Grants Review of LGBTQ Title VII Cases 04-23-2019

Managing the Modern Workplace, April 23, 2019

As a gay man and an employment law specialist, I have long been interested in the issue of whether Title VII’s prohibition against sex discrimination also protects employees from discrimination based on their sexual orientation or gender identity.

S&P Launches Forward-Looking ESG Benchmark 04-19-2019

Climate Change Blog

On April 12, 2019, S&P Global Ratings (S&P) announced the launch of “ESG Evaluation,” a new benchmark designed to evaluate environmental, social and governance (ESG) factors.

U.S. Labor Department Seeks to Expedite Discretionary Suspensions and Debarments of Federal Contractors that Commit Labor Violations 04-18-2019

Managing the Modern Workplace, April 18, 2019

The U.S. Department of Labor (DOL) has announced a new pilot program to speed up discretionary suspensions and debarments of individuals and contractors “from months to days.” 

Offer Letters: This Should be Simple, Right? 04-16-2019

Managing the Modern Workplace, April 16, 2019

It should be simple to just write a letter offering someone a job. Unfortunately, that is not the case. While offer letters may not be required by law, employers often wish to set out terms and conditions of employment in an offer letter.

The Secret to Dressing 04-11-2019

Managing the Modern Workplace, April 11, 2019

Disclaimer: This article does not contain any tips for dressing well. Instead, I address what happens if one of your employees walks out the door to join a competitor and that competitor begins to produce products that look suspiciously like yours.


Is the Mexican Labor Movement About to Experience a [Second] Revolution? 04-09-2019

Managing the Modern Workplace, April 09, 2019

In contrast to the U.S. Constitution, the Mexican Constitution — enacted over 100 years ago after a bloody revolution — enumerates specific constitutional rights protecting the rights of Mexican workers, including the right to organize unions and the right to strike.

To Count or Not To Count, That is the FMLA Question 04-04-2019

Managing the Modern Workplace, April 4, 2019

Your employee tells you that he would like to use his four weeks of annual vacation so that he can take care of his very ill mother who lives in another state.

Cell Phone Distractions in the Workplace 04-02-2019

Managing the Modern Workplace, April 2, 2019

We’ve all seen the driver behind the wheel talking on his cell phone and weaving across lanes, making turns without signals, and all sorts of other dangerous maneuvers.

The Big Uneasy (Part 3): When is a Release not a Release? 03-28-2019

Managing the Modern Workplace, March 28, 2019

Much to the surprise of many business managers, a terminated employee who has been paid a severance may still sue for age discrimination after signing a release if the release was not carefully drafted.

The Consequences of Elections: Are Texas Courts Becoming More Employee Friendly? 03-26-2019

Managing the Modern Workplace, March 26, 2019

Texas is still a long way from becoming California when it comes to employment law, and no one expects the Republican dominated Texas legislature to follow the recent trend of other state legislatures (e.g., New York, Washington, Maryland) in restricting employers from arbitrating claims of sexual harassment.

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.

Find Insights


Connect with V&E

Stay informed by receiving our e-lerts. Select your preferred communications.