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Federal Privacy Legislation – Is it Finally Happening?
Proposed federal privacy legislation is not a new thing. But the latest iteration – the American Data Privacy and Protection Act – has many wondering if this will be the legislation that finally goes the distance. This is the first...
Antitrust Enforcement in Federal Procurement – DOJ's New Lawsuit to Block a Merger Suggests that Things May Be Getting Interesting
In November 2019, the Department of Justice formed the Procurement Collusion Strike Force (“PCSF”) to focus the government’s enforcement resources on “deterring, detecting, investigating and prosecuting antitrust crimes, such as bid-rigging conspiracies and related fraudulent schemes, which undermine competition in...
FINRA Facts and Trends: July 2022
Two Years Later, Regulation BI Remains a “Tremendous Priority” for FINRA June 30 th marked two years since the implementation of Regulation Best Interest (“Reg BI”) and the client relationship summary or Form CRS. Firm compliance with these new regulations...
What Are the Odds?
On this episode of Bracewell Covered, Vince Morgan discusses hurricanes and climate change with Eric Berger, the host of Space City Weather and the senior space editor at Ars Technica . Eric is a certified meteorologist who has written about...
The COVID-19 Change Order
During the pandemic it has become common for contractors to submit change orders to owners seeking reimbursement for COVID-19 related expenses and costs. This is especially true for large construction projects. These “COVID-19 Change Orders” seek reimbursement for everything from...
Re-shaping the UK Energy Regime in an Uncertain Political Landscape
Introduction The UK’s Energy Security Bill, first promised in 2021 and introduced to Parliament on 6 July 2022, contains a wide variety of measures which the UK Government claims will address the energy trilemma of environmental sustainability, security and affordability...
Crypto Mining – Plugging In and Powering Up
In this episode from our special series on crypto mining, New York partner Danielle Garbien joins Anne Termine and Jared Berg to discuss strategies to purchase power for crypto mining facilities, including the various ways to structure a power purchase...
In re TPC Group Inc: Delaware Bankruptcy Court Determines that Issuance of Priming Senior Notes is Not Prohibited Absent Express Anti-Subordination Provision
Following a July 6, 2022 memorandum opinion from the United States Bankruptcy Court for the District of Delaware, lenders and noteholders seeking to preserve the priority of their liens must make any desired subordination protections explicit in their security documents...
The Basics of Crypto Mining Deals
On this episode of Bracewell Crypto Bits, Jared Berg joins host Anne Termine for the first in a series of discussions about crypto mining. Jared and Anne discuss the basics around structuring and setting up a crypto mining operation. This...
Offshore Wind Litigation with Daniel Pope, Ty Johnson and Taylor Stuart
On this episode of the Bracewell Environmental Law Monitor, host Daniel Pope talks with Tyler Johnson and Taylor Stuart about offshore wind litigation over the energy transition, and more specifically over litigation regarding some of the challenges to new projects...
FERC Renews Focus on Order No. 860 Database Compliance
Federal Energy Regulatory Commission’s (“FERC’s”) Order No. 860 required all entities authorized by FERC to sell electric energy, capacity, and/or ancillary services at market-based rates (“MBR Sellers”) to submit baseline filings to FERC’s MBR Relational database by February 1, 2022...
The Crossroads of Crypto and Cyber
On this episode of Bracewell Crypto Bits, Anne Termine is joined by New York partner Seth DuCharme for a discussion about the intersection of cryptocurrency and cybersecurity. Prior to joining Bracewell in 2021, Seth served as principal associate deputy attorney...
Questions Remain After Supreme Court Resolves Circuit Split Over Discovery in Arbitration Under 28 U.S.C. § 1782
On June 13, 2022, the Supreme Court resolved a long-standing circuit split holding that broad U.S.-style discovery under 28 U.S.C. § 1782 is not available in private foreign arbitrations. In the past decade, litigants in international arbitrations had been trying...
Environmental Essentials: Texas Air Permitting Round-Up
Bracewell Partner Whit Swift reviews the recent activity on three separate air permitting topics and how each development could impact members of the regulated community: EPA Orders objecting to Texas Title V permits; the TCEQ Commissioners’ evaluation of requests for...
FERC Proposes Overhaul of Interconnection Procedures
On June 16, 2022, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued a Notice of Proposed Rulemaking (“Generator Interconnection Reform NOPR”) seeking comments on proposed reforms to FERC’s pro forma interconnection procedures found in transmission providers’ Open Access Transmission...