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Inflation Reduction Act
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...
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.
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.
Lifting the Fog on the Foreign Corrupt Practices Act: Enforcement and Compliance Trends to Watch in San Francisco
As lawyers, corporate executives and federal law enforcement officials prepare to gather this week in San Francisco for the ABA’s 39th National Institute on White Collar Crime, we offer our takeaways from January’s Houston forum on the Foreign Corrupt Practice...
The ENRC Saga – Not Just a UK Concern
On 21 December 2023, Mr Justice Waksman handed down his judgment in the second trial of the Eurasian Natural Resources Corporation (ENRC) saga. The judgment, along with its earlier companions, is extraordinary in many ways and has been much written...
U.S. Army Corps Permitting: Proposed Revocation of Historic Properties Regulation
The US Army Corps of Engineers (USACE) recently issued a proposed rule (the Proposed Rule) that, if finalized, will change the regulations applicable to the agency’s compliance with the National Historic Preservation Act (NHPA) for purposes of USACE’s Regulatory Program...
Overhaul of the UAE’s Competition Law: Key Changes and Next Steps
On 29 December, 2023, Federal Decree-Law No. 36 of 2023 on the Regulation of Competition (the New Law) was issued, replacing Federal Decree-Law No. 4 of 2012 (the Old Law) and introducing a new merger control regime, including a number...
FTC Announces 2024 Increase in HSR Notification Thresholds and Filing Fees
The Federal Trade Commission (FTC) has announced the annual revisions to the Hart-Scott-Rodino Antitrust Improvements Act (HSR Act) thresholds and HSR filing fees, which will become effective on March 6, 2024. The revised thresholds will apply to any merger or...
ExxonMobil Strikes Back: Energy Companies Take a More Proactive Approach to Activist ESG Shareholders
ExxonMobil has filed proceedings in the US District Court for the Northern District of Texas against two shareholders, alleging that proposals seeking an increased pace for reductions in emissions amount to “intrusion” into ExxonMobil's ordinary business operations and should not...
Nigeria’s Energy Sector: Looking Back at 2023 and Looking Ahead in 2024
We summarise the key events from 2023 in Nigeria’s energy sector – a year that saw the start of a new presidency and the end of the fuel subsidy. There was considerable M&A activity, significant legal developments and court rulings...
Federal Contractors Beware: New Hiring Restrictions Proposed on Companies Doing Business With the Federal Government
Earlier this week, the Federal Acquisition Regulatory Council proposed a new rule that would amend the Federal Acquisition Regulation (FAR) to impose new restrictions on federal contractors and subcontractors, including: (1) prohibiting, seeking or considering an applicant’s compensation history; (2)...
The Sanctioned Lenders Problem
Bracewell’s Jason Fox and Rory Wilson examine how recent events, such as the war in Ukraine and the designation of certain financial institutions as sanctioned entities, have caused sponsors and lenders to re-evaluate the sanctions provisions in their facility agreements.
Foreign Direct Investment in the United Arab Emirates: Trends and Predictions for 2024
Bracewell’s Kasia Lebiecki and Amelia Bowring delve into the current and anticipated FDI trends in the UAE, shedding light on the factors that have propelled it to the forefront of global investment opportunities, while also sharing their predictions for 2024.
Expert Determination in the Energy Sector – When Will the Courts Intervene?
It is not uncommon for parties to agree that certain disputes should be referred to an expert for determination. However, when those disputes arise, the parties may disagree about the scope of the exercise to be carried out by the...