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  • Article

    Cybersecurity Disclosure Considerations For Municipal Issuers

    In the Closing Remarks of a Compliance Conference on December 7, 2023, the Director of the Office of Municipal Securities of the US Securities and Exchange Commission...
    United StatesTechnology
    Bracewell LLP
    Bracewell LLP
  • Article

    SEC Adopts Rules Implementing Dodd-Frank Act Amendments To Investment Advisers Act

    On June 22, 2011, the Securities and Exchange Commission (SEC) adopted rules implementing certain provisions of Title IV of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act).
    United StatesFinance and Banking
    Bracewell LLP
    Bracewell LLP
  • Article

    Third Circuit Prevents Plan Sponsor From Eliminating Retiree Benefits in Bankruptcy

    On July 13, 2010, the U.S. Court of Appeals for the Third Circuit held, in a landmark decision, that a plan sponsor which had the right to unilaterally terminate retiree benefits outside of bankruptcy could not exercise that same right during a bankruptcy proceeding.
    United StatesEmployment and HR
    Bracewell LLP
    Bracewell LLP
  • Article

    CFTC Designates Seven ICE Natural Gas Contracts as "Significant Price Discovery Contracts," Subjecting Them to Regulatory Oversight

    The Commodity Futures Trading Commission (CFTC) voted unanimously on April 27 to designate seven natural gas contracts traded on Intercontinental Exchange Inc.
    United StatesEnergy and Natural Resources
    Bracewell LLP
    Bracewell LLP
  • Article

    New DOE Enforcement Actions Serve Notice to Covered Manufacturers

    Since late 2009, the U.S. Department of Energy has undertaken a new initiative to aggressively enforce energy efficiency and water conservation standards for a variety of products, including air conditioning and heating systems, kitchen and other household appliances, televisions, lighting, bathroom fixtures, dehumidifiers and battery chargers.
    United StatesEnergy and Natural Resources
    Bracewell LLP
    Bracewell LLP
  • Article

    Senator Dodd Proposes Private Fund Adviser Registration With Private Equity Exemption

    On the heels of the U.S. House of Representatives Committee on Financial Services approval of the Private Fund Investment Advisers Registration Act of 2009 (H.R. 3818) (the "House Bill"), Senator Dodd has introduced in the U.S. Senate his own Private Fund Investment Advisers Registration Act of 2009 ("Senator Dodd's Bill").
    United StatesFinance and Banking
    Bracewell LLP
    Bracewell LLP
  • Article

    Fifth Circuit Rules Just Energy Bankruptcy Court Erred In Exercising Jurisdiction To Redetermine ERCOT Pricing During Winter Storm Uri

    In a January 5, 2023 opinion from the United States Court of Appeals for the Fifth Circuit, the panel held the Just Energy bankruptcy court erred in exercising jurisdiction over the debtor's suit to recover Winter Storm Uri payments made to ERCOT.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Bracewell LLP
    Bracewell LLP
  • Article

    Supreme Court Holds The Line On Tribal Court Jurisdiction

    The United States Supreme Court has issued its long-awaited decision in “Plains Commerce Bank v. Long Family & Cattle Co., Inc.” and has declined to expand the jurisdiction of tribal courts over non-members.
    United StatesLitigation, Mediation & Arbitration
    Bracewell LLP
    Bracewell LLP
  • Article

    Texas Supreme Court Holds Party Waived Right To Arbitration

    Arbitration has become a "hot–button topic" for the Texas Supreme Court, which last week decided "Perry Homes, et al. v. Cull", the third arbitration related opinion for this term, with as many as four more arbitration cases to be decided.
    United StatesLitigation, Mediation & Arbitration
    Bracewell LLP
    Bracewell LLP
  • Article

    SDNY Confirms Bearish Opinion On Off-Shore Hedge Fund Use Of

    In round one of the litigation concerning whether a US Bankruptcy Court would provide Chapter 15 assistance to the liquidators of two Cayman-registered Bear Stearns hedge funds, the Bankruptcy Court for the Southern District of New York concluded that the funds were not eligible for Chapter 15 assistance.
    United StatesStrategy
    Bracewell LLP
    Bracewell LLP
  • Article

    Second Circuit Upholds CFTC Enforcement Action For Manipulative Trading Of Electricity Contracts

    The United States Court of Appeals for the Second Circuit recently upheld a civil enforcement action by the U.S. Commodity Futures Trading Commission ("CFTC"), which found that a New York Mercantile Exchange broker "knowingly" manipulated settlement prices for electricity future contracts on behalf of Avista Energy, Inc. in 1998.
    United StatesEnergy and Natural Resources
    Bracewell LLP
    Bracewell LLP
  • Article

    Crude Realities: The Evolving Impact Of UK And EU Sanctions

    Recent months have seen a number of significant sanctions developments, giving rise to changes in the international compliance landscape.
    United KingdomInternational Law
    Bracewell LLP
    Bracewell LLP
  • Article

    FTC Pursues Crackdown On Employee Noncompetes

    Earlier this month, the Federal Trade Commission (FTC) launched unprecedented challenges to noncompete provisions in employment contracts through both rulemaking and individual enforcement actions.
    United StatesAntitrust/Competition Law
    Bracewell LLP
    Bracewell LLP
  • Article

    What Once Was Old Is New Again: DOJ And FTC Issue Draft New Merger Guidelines

    On July 19, 2023, the Department of Justice (DOJ) and the Federal Trade Commission (FTC) issued a draft version of new Merger Guidelines (Merger Guidelines)...
    United StatesAntitrust/Competition Law
    Bracewell LLP
    Bracewell LLP
  • Article

    Beneficial Ownership Information Reporting Under The Corporate Transparency Act

    On January 1, 2024, the reporting requirements under the Corporate Transparency Act (CTA) became effective. The CTA was enacted by Congress on January 1, 2021...
    United StatesCorporate/Commercial Law
    Bracewell LLP
    Bracewell LLP
  • Article

    The New Lobbying And Ethics Law: No Longer Business As Usual

    This past Friday, following an overwhelming vote in the United States Senate in early August, President George W. Bush signed into law "The Honest Leadership and Open Government Act of 2007."
    United StatesCorporate/Commercial Law
    Bracewell LLP
    Bracewell LLP
  • Article

    Sweeping Fraud Investigations Highlight Need For Prevention And Response Plans

    As recently announced by the Defense and Justice Departments, the Army's investigation of nearly 18,000 government contracts emanating from the Kuwaiti contracting office is but the latest spike in a burgeoning government criminal and civil fraud enforcement trend that involves domestic and international military and civilian agency contracts.
    United StatesCriminal Law
    Bracewell LLP
    Bracewell LLP
  • Article

    New OSHA Rule Requires Employers to Pay for Most Personal Protective Equipment

    Under a new Occupational Safety and Health Administration rule, employers must pay, with limited exceptions, for their employees’ personal protective equipment when the gear is necessary to protect employees from job-related injuries, illnesses and fatalities. Employers must comply with the new rule by May 15, 2008.
    United StatesEmployment and HR
    Bracewell LLP
    Bracewell LLP
  • Article

    OSHA Contemplates Expansion Of Refinery National Emphasis Program To Cover Chemical Plants: Are You Prepared?

    Recent news reports indicate that OSHA's broad investigation of occupational safety compliance in the petroleum refining sector, commenced in mid-2007, has been revealing major violations of federal safety regulations.
    United StatesEmployment and HR
    Bracewell LLP
    Bracewell LLP
  • Article

    Supreme Court Rules That Admissibility Of "Me Too" Evidence Is Case-By-Case Determination

    A recurring issue in employment discrimination cases is whether a plaintiff should be allowed to bolster his/her bias claim by using evidence of alleged discrimination against other employees; especially when different supervisors are involved in the adverse action taken against them.
    United StatesEmployment and HR
    Bracewell LLP
    Bracewell LLP

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