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Inflation Reduction Act
SEC Climate Disclosure Rule
Kevin Ewing led a tight, focused discussion of what matters in the new SEC climate disclosure rule. He discussed the key points of concern, their practical implications for mandatory and voluntary reporting, the status of rule-blocking litigation, and next steps...
Compliance Isn’t the Only ‘AI Washing’ Risk
Bracewell’s David Shargel shared with Legal Dive why AI washing considerations, as well as the numerous other risks associated with AI, must become part of the compliance “playbook” for any company using artificial intelligence.
Women in Environmental Law: Practical Advice You'll Actually Use
Women have become more prominent and influential in environmental law. What better time to celebrate and recognize women lawyers than during Women’s History Month? On this episode of the Bracewell Environmental Law Monitor, host Taylor Stuart is joined by three...
ShapeShift Fine Epitomizes SEC’s Crypto Policy, and its Flaws
A recent SEC order imposing a fine on former cryptocurrency exchange ShapeShift for failing to register as a securities dealer showcases the SEC’s regulation-by-enforcement approach, but the dissent by two commissioners raises valid concerns that the agency’s embrace of ambiguity over clarity risks hampering the growth of the crypto economy, writes Bracewell’s Keith Blackman.
Beyond Whistleblowing: Additional Highlights From the Department of Justice at the 2024 ABA White Collar Conference
As we wrote earlier this month , the Department of Justice (DOJ) made significant news at the recent American Bar Association White Collar Conference. But the Department didn’t stop at announcing its pilot whistleblower incentive program — Deputy Attorney General...
Increasing Antitrust and Potentially Other Scrutiny for Defense M&A Deals
Mergers and acquisitions involving companies that conduct business with the federal government present a unique set of challenges. Several statutes and regulations are implicated in such corporate transactions, whether the federal government is a company’s smallest customer or its only...
FINRA Facts and Trends: March 2024
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 FINRA’s focus on uses...
The SEC’s Final Rules on Climate-Related Disclosures: A Guide for In-House Counsel
The US Securities and Exchange Commission’s recently adopted rules governing climate-related disclosures, although significantly pared back from the rules proposed two years ago, represent a major change to the existing public-company disclosure regime. The rules require that public companies include...
Protecting Energy Investments in Europe: UK Announces Withdrawal From the Energy Charter Treaty
On 22 February, the UK announced its intention to withdraw from the Energy Charter Treaty. According to Energy Security and Net Zero Minister Graham Stuart, the decision will support the UK’s transition to net zero and strengthen its energy security...
PFAS Regulatory Developments: Cleanup, Disposal, Testing and Reporting Issues
The so-called “forever chemicals” have been very much in the news with frequent reports about landmark litigation and ongoing legislative debates. Just beneath the surface, however, there have been a number of very significant regulatory developments out of EPA and...
Innodata Suit Highlights ‘AI Washing’ Liability Risk for Cos.
A class action against software company Innodata over so-called AI washing, underscores the litigation and enforcement risks that can arise from the SEC’s novel theory about misleading artificial intelligence capabilities, writes Bracewell’s David Shargel, Rachel Goldman and Patrick Morley.
Cybersecurity Disclosure Considerations for Municipal Issuers
While the SEC’s cybersecurity rule does not apply to municipal issuers, Bracewell’s Ed Fierro and Sarah Tahir look at a few points discussed in the Adopting Release that may be useful for municipal market participants.
Round Three: EPA’s Latest Changes to the RMP Program – Initial Insights on Next Steps
On March 1, 2024, EPA released the pre-publication final rule that makes a number of changes to the federal Risk Management Plan (RMP) program. The changes impact the scope of the Process Hazard Analysis (PHA), add third-party compliance audits and...
The Race to Report: DOJ Announces Pilot Whistleblower Program
In recent years, the Department of Justice (DOJ) has rolled out a significant and increasing number of carrots and sticks aimed at deterring and punishing white collar crime. Speaking at the American Bar Association White Collar Conference in San Francisco...
A Line in (and Under) the Sand
Bracewell’s Will Moss and JJ McAnelly address identifying and minimizing subsurface trespass legal risk associated with subsurface carbon dioxide migration in this Texas Bar Journal article.