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DOJ Spotlights Voluntary Self Disclosure in M&A as it Adapts to New National Security Threats
The past few months have seen numerous high-profile enforcement actions highlighting an increasing trend, what Deputy Attorney General Lisa Monaco called “the biggest shift in corporate criminal enforcement that I’ve seen during my time in government: the rapid expansion of...
Crystal Ball Gazing – Are There Calmer Waters in the Offshore Wind Sector in 2024?
2023 seems to have been a perfect storm for the offshore wind industry around the globe. Between permitting delays and grid connection hurdles, inflation and supply chain challenges all have led to some developers wanting to renegotiate their previously agreed...
What SEC Retreat in Ripple Case Means for Crypto Regulation
Bracewell’s Keith Blackman takes a look at the ripple effect of the SEC’s regulation-by-enforcement approach to cryptocurrency policy rather than through rulemaking. The agency's recently aborted enforcement action against two Ripple Labs executives for alleged securities law violations demonstrates the limits of this piecemeal tactic.
Chevron Overboard? Loper Bright Enterprises v. Raimondo With Prof. Kristin Hickman
Since the 1980s, Chevron deference has set the standard for when courts should defer to reasonable agency interpretations of ambiguous statutes. That may all change, however, as the US Supreme Court will reconsider the Chevron deference in Loper Bright Enterprises...
Offshore Petroleum Licensing Bill: Energy Security at the Forefront of the Government’s Legislative Agenda
On 7 November 2023, the Offshore Petroleum Licensing Bill (the Bill ) was announced as part of King Charles III’s “King’s Speech”, outlining the UK Government’s legislative agenda for the upcoming UK parliamentary session. If enacted, the Bill would require...
Rethinking Safeguards in Arbitration?
In The Federal Republic of Nigeria v Process & Industrial Developments Limited [2023] EWHC 2638 (Comm) the Commercial Court determined that arbitration awards against Nigeria had been obtained by fraud and were contrary to public policy. This decision is of...
Community Engagement With Jackie Medcalf
“Community engagement” is a frequently used but rarely defined term. What does community engagement mean, and, more importantly, how do you do it well? In this episode of the Bracewell Environmental Law Monitor, host Daniel Pope talks with Jackie Medcalf...
Power Steering Saudi Bus Rapid Transit PPP
In anticipation of a wave of bus rapid transit (BRT) projects across Saudi Arabia, Bracewell's Andrej Kormuth, Tom Swarbrick and Bagya Nambron look at the key features of BRT systems from a PPP structuring perspective and the question of technological choice: battery and hydrogen as two competing ‘clean’ fuel technologies and the factors that may determine their bankability.
Determining Corporate Liability in the Context of Environmental Risk: Making Sense of United States v. Bestfoods
When is a corporate parent potentially liable for the actions or omissions of its subsidiary related to the release of hazardous substances? Hint: If a party is in a position to control the environmental risk, it could be held liable...
FINRA Facts and Trends: October 2023
Welcome to the latest issue of Bracewell’s FINRA Facts and Trends, a monthly newsletter devoted to condensing and digesting recent FINRA developments in the areas of enforcement, regulation and dispute resolution. This month, we report on ongoing constitutional challenges to...
Macedonian Gold Mines and Greek Bonds
Bracewell's Ro Lazarovitch and Bagya Nambron join Natalie Kedikoglou, general counsel at Hellas Gold, Frank Herbert, EVP and general counsel, and Paul Ferneyhough, SVP and chief strategy and commercial officer at Eldorado Gold Corporation, to discuss the project financing facility for the Skouries Mine in Northern Greece.
Personal Devices and Messaging Platforms in the Workplace: Tips, Tactics and Best Practices for In-House Counsel
Federal regulators have cracked down on the use of texts messages and messaging platforms for business communications, using their broad authority to root out record retention violations, resulting in significant fines and sanctions. In 2022 alone, the Securities and Exchange...
Offshore Wind Litigation: Court Denies Fishing Groups’ Challenge to Major Offshore Wind Project
Judge Indira Talwani of the US District Court for the District of Massachusetts has rejected another challenge to federal permits and approvals for the Vineyard Wind Project (Vineyard Wind or the Project). Vineyard Wind is under construction off the coast...
New California Offshore Wind Legislation Addresses Procurement and Permitting
The offshore wind industry now has California’s answer to a pressing concern—how might the state procure this generation resource? California Governor Gavin Newsom recently signed a suite of bills that create a mechanism for the state to procure offshore wind...
SEC Modernizes Beneficial Ownership Reporting
On October 10, 2023, the Securities and Exchange Commission (the Commission) adopted amendments to modernize the rules governing beneficial ownership reporting. The amendments shorten the deadline for initial and amended Schedule 13D and 13G filings, clarify disclosure requirements for derivative...