Inflation Reduction Act
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.
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...
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.
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.
Federal Judge Rules Corporate Transparency Act Is Unconstitutional: Takeaways and Next Steps
On March 1, 2024, the US District Court for the Northern District of Alabama granted summary judgment to Issac Winkles and the National Small Business Association (NSBA), holding that the Corporate Transparency Act (CTA) is unconstitutional because it represents legislative...
Edwards Aquifer Blindcats: A Potentially Endangered Species With Amanda Glen and Ann Navaro
The Edwards Aquifer is the primary source of drinking water for many people in central Texas. The deep caverns of the aquifer are also home to two species of blind catfish. On this episode of the Bracewell Environmental Law Monitor...
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...
A Strategic Approach to Emissions Credits With Anew’s Kyle Breeze
Go generate emissions credits. It’s worth it. On this episode of the Bracewell Environmental Law Monitor, host Daniel Pope and environment, lands and resources partner Whit Swift talk with Kyle Breeze , vice president of Gulf Coast Emissions at Anew...
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...
Time Has Come for Special Masters to Streamline Bankruptcy Cases
Bracewell’s Keith Blackman, Joshua Klein and Russell Gallaro spotlight proposed changes to federal bankruptcy procedure to allow use of special masters in complex bankruptcy cases.
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...