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Employment Arbitration: Trends, Developments & Best Practices
In May 2018, the United States Supreme Court issued an opinion upholding the validity of class-action waivers in employee arbitration agreements. Significant media coverage of that opinion has led many employers to evaluate whether to require employees to arbitrate employment-related...
Singing the Same Claim Construction Tune: USPTO Adopts Federal Court Claim Construction Standard for AIA Proceedings
On October 11, 2018, the United States Patent and Trademark Office (USPTO) published notice of a final rule change adopting the claim construction standard applied by federal courts for use by the Patent Trial and Board (PTAB) in AIA proceedings...
MENA’s Potential First PF Energy Storage System
Following Jordan’s recent launch of a tender for an energy storage system, Bracewell’s Oliver Irwin take a closer look at what could be the first project finance energy storage system in the MENA region in an article published in Project...
Focus on Finance: Tax Reform and the Banking Industry Revisited
The Tax Cuts and Jobs Act (TCJA) has far-reaching implications for the banking and finance industry. In our very first Bracewell Tax Report (click here for more), we noted certain issues that companies might consider when evaluating their financing options...
This Time is Different: What You Need to Know Now About the New Rule 15c2-12 Events
On August 20, the Securities and Exchange Commission added two events to the existing fourteen events under Rule 15c2-12, 1 which requires certain notice filings with the Municipal Securities Rulemaking Board’s EMMA system within ten business days of occurrence. The...
Steel and Aluminum Tariffs: Time to Dust Off the Price Adjustment Clause?
The continued and controversial imposition of tariffs has not only resulted in global economic and political fallout but has also adversely affected contractual relationships for suppliers, manufacturers, contractors and project owners far downstream from the government. Whether you are the...
SEC Adopts Amendments to Rule 15c2-12
On August 20, 2018, the U.S. Securities and Exchange Commission (“SEC”) announced it adopted amendments to Rule 15c2-12 of the Securities Exchange Act (“Rule 15c2-12”). Rule 15c2-12 requires brokers, dealers, and municipal securities dealers that are acting as underwriters in...
FY 2019 Sequestration Reduction Rate for Direct Pay Tax Credit Bonds Set at 6.2 Percent
According to the IRS website , the sequester reduction rate applied to payments made to issuers of direct pay tax credit bonds in fiscal year 2019 will be 6.2 percent . This percentage will apply to all subsidy payments scheduled...
What the AT&T/Time Warner Decision Means for Antitrust Enforcement
On June 12, 2018, after a six-week trial, U.S. District Court Judge Richard Leon denied the U.S. Department of Justice’s request to block AT&T Inc.’s $85 billion acquisition of Time Warner Inc., one of the most high-profile merger challenges in...
After the Dust Settles: Recapping Certain Tax Reform Provisions Affecting Exempt Organizations
As is well known, on December 22, 2017, President Trump signed the Tax Cuts and Jobs Act (the “Final Bill”) into law. During the course of this massive legislative effort, various provisions affecting tax-exempt organizations were proposed. While receiving less...
The First Day of the Rest of Our Lives? GDPR Activist Complaints Allege Shortcomings and Seek Maximum Penalties
This is not an email about what the General Data Protection Regulation (GDPR) is. We assume you've received dozens of those recently (including from us) . As those emails promised, GDPR Day 1 finally came. And it began with a...
Signing of the Economic Growth, Regulatory Relief and Consumer Protection Act
On May 24, 2018, President Trump signed into law the Economic Growth, Regulatory Relief and Consumer Protection Act (the “Regulatory Relief Act”), the financial services regulatory reform bill that previously passed both the U.S. Senate and House of Representatives. Some...
FTC Warns That Money Doesn't Have to Change Hands to Trigger HSR Filing
In a recent blog posting , the Federal Trade Commission (FTC) issued an important reminder that companies and individuals may have reportable transactions under the Hart-Scott Rodino (HSR) Act even if no payment changes hands. This highlights the need for...
The Trump Effect on M&A Webinar
Dan Hemli and Josh Zive discussed recent developments in antitrust and foreign investment review of M&A transactions and the practical implications for companies doing deals today under the current Administration.
Application of Partnership Audit Rules to Private Funds
On November 2, 2015, President Obama signed into law the Bipartisan Budget Act of 2015, which included a new federal audit regime for partnerships and entities classified as partnerships for federal income tax purposes (the New Rules). Under the New...