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On December 11, 2025, President Donald J. Trump signed an executive order titled “Protecting American Investors from Foreign-Owned and Politically-Motivated Proxy Advisors.”
V&E Shareholder Engagement Update
On November 26, 2025, Vice Chancellor Fioravanti issued a 75-page opinion dismissing plaintiffs’ complaint in DrugCrafters, L.P., et al. v. Loh, et al., C.A. No. 2024-0111-PAF.
V&E Shareholder Litigation and Enforcement Update
Large, complex construction projects often require complex team-working arrangements to deliver them. In this article for the Overseas Construction Association of Japan INC. (OCAJI), Angus Rankin and Jess Webster explore some key considerations in navigating contractor consortium arrangements, and ways to mitigate the risks of working with partners.
Published by The Overseas Construction Association of Japan INC. (OCAJI) Autumn 2025 Journal Vol. 64
The Department of Justice (DOJ), via messaging from its leadership, has made clear it will prioritize and pursue aggressive civil False Claims Act (FCA) enforcement against companies that receive federal dollars. As the government’s primary civil remedy to redress fraud against the government, the FCA generates billions of dollars in annual DOJ settlements and judgments with the majority initiated by whistleblower qui tam lawsuits.
The electric utility sector has long been shaped by the steady hand of regulation. For decades, utility commissions have balanced the needs of reliability, affordability and fairness against the realities of capital investment and technological change. But today, we stand at a critical inflection point. A new class of energy consumers — data centers — has emerged not just as a high-demand load, but as a catalyst for broader economic growth.
Published by Utility Dive on October 31, 2025
Last month saw notable developments in the Eleventh and Fifth Circuits regarding challenges to laws in Florida and Texas, respectively, that prohibit certain foreign nationals and companies from acquiring real property within those states.
V&E CFIUS Update
On November 20, 2025, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued four significant orders addressing crude oil, petroleum products, and natural gas liquids pipelines (collectively, “oil pipelines”) matters: (1) a Notice of Proposed Rulemaking (“NOPR”) for the Five-Year Review of the Oil Pipeline Index (“2026 Index NOPR”) proposing an index level of Producer Price Index for Finished Goods (“PPI-FG”) minus 1.42% for the period (July 1, 2026 to June 30, 2031); (2) an Order denying rehearing and granting oil pipelines remedial relief related to the reinstated oil pipeline index for the period March 1, 2022 to September 17, 2024; (3) an order withdrawing the supplemental notice of proposed rulemaking that proposed to amend the index level to PPI-FG minus 0.21% on a prospective basis from July 1, 2025 until June 30, 2026; and (4) an order denying Airlines for America and the National Propane Gas Association’s petition requesting that the Commission initiate a rulemaking to establish affiliate standards of conduct regulations for oil pipelines.
V&E Energy Update
Stephen Josey and Brie Barry report that recent IRS updates to the fast-track settlement program represent a meaningful move toward more efficient and taxpayer-focused dispute resolution. They note that despite these improvements, additional measures are necessary to reinforce independence and bolster taxpayer confidence.
Published by Bloomberg Tax
On November 18, 2025, the U.S. Court of Appeals for the Ninth Circuit ordered a preliminary injunction on the enforcement of SB 261—the California law that requires large companies to publicly disclose their climate-related financial risks in biennial reports.
V&E Governance and Sustainability Update
Published in the November 2025 issue of Taxes Magazine