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2023 AIEN Model Form JOA Placing ESG Issues at Heart of Oil & Gas Operations
On 16 February 2023, the Association of International Energy Negotiators (“ AIEN ”, formerly the Association of International Petroleum Negotiators or AIPN) published an updated version of its model form joint operating agreement (the “ JOA ”). The AIEN JOA...
Words With Friends, Part 1: Insurance Requirements and Contracts, With Vince Morgan and Suzanne Day
In the first of a two-part episode of Bracewell Covered, Vince Morgan discusses insurance requirements and contracts with Bracewell colleague Suzanne Day , who recently joined the firm from The Lubrizol Corporation where she worked for more than 20 years...
Treasury Department and IRS Release Guidance on the Advanced Energy Project Credit Allocation Program Under Internal Revenue Code Section 48C(e)
On February 13, 2023, the Treasury Department and the Internal Revenue Service (the IRS) released Notice 2023-18 (the Notice), which established the program (the Allocation Program) to allocate $10 billion of advanced energy project credits (AEPCs) pursuant to section 48C(e)...
NLRB Finds Employer's Use of Confidentiality and Non-Disparagement Provisions in Separation Agreements Violated Federal Law
The National Labor Relations Board (the Board) which enforces the National Labor Relations Act (the Act) ruled this week that confidentiality of the agreement and non-disparagement provisions in the separation agreements for 11 terminated employees of a Michigan hospital impermissibly...
Storage Wars: Ownership of Subsurface Salt Cavern Storage Rights
Underground salt caverns are commonly used for the storage of liquids including liquefied hydrocarbons. These caverns are created by solution mining of salt from inside underground salt formations and could play a pivotal role in the growth and development of...
US Supreme Court: Highly Compensated Oilfield Workers Entitled to Overtime
In a closely watched case, 1 the United States Supreme Court held today that a tool pusher in the oil & gas industry, who was paid a day rate of at least $963.00 per day, was not exempt from the...
Back to the Future, Part 1: Learning PFAS Lessons From the History of MTBE With Steven Cook
In the first of a two-part episode of the Bracewell Environmental Law Monitor, host Daniel Pope talks with Bracewell partner Steven Cook , who served as deputy assistant administrator at the EPA’s Office of Land and Emergency Management prior to...
Bracewell Covered x Crypto Bits
On this special Bracewell crossover episode, host Vince Morgan sits down with David Shargel , a litigation partner, co-head of Bracewell’s cryptocurrency and blockchain practice and co-host of the Crypto Bits podcast. The pair discuss the unique issues that arise...
Environmental Essentials: Permitting and Environmental Justice: What's Next?
The EPA continues to advance environmental justice policies, issuing its “Principles for Addressing Environmental Justice in Air Permitting” in December and preparing its much-anticipated guidance on addressing cumulative impacts in permitting expected later this year. Watch Steven Cook and Whit...
Crypto Bits x Bracewell Covered
On this special Bracewell crossover episode, host David Shargel sits down with Vince Morgan , chair of Bracewell’s insurance recovery practice and host of the Bracewell Covered podcast. The pair discuss the unique issues that arise at the intersection of...
The New UAE Commercial Agencies Law
The longstanding UAE Commercial Agency Law (Federal Law No. 18 of 1981 Regulating Commercial Agencies, as amended) (the “ Current Law ”) is set to be replaced by the newly issued UAE Commercial Agency Law (Federal Law No. 3 of...
Environmental Auditing, With Tim Wilkins
In this episode of the Environmental Law Monitor, Tim Wilkins , co-chair of Bracewell’s Environmental, Social & Governance (ESG) practice group, joins host Daniel Pope to discuss environmental auditing and why companies should be actively conducting environmental audits. What is...
New UCC Article 12: Foreseeable Issues with Using Cryptocurrencies and NFTs as Collateral
Now that state legislatures across the country are working to approve the much anticipated Article 12 to the Uniform Commercial Code (UCC), it is time to prepare for transactions with cryptocurrencies and non-fungible tokens (NFTs) as collateral. 1 At the...
Texas "Two-Step" Forward, Three Steps Back for Mass Tort Debtors in the Third Circuit After LTL
In a decision that may provide much-needed boundaries around the permissibility of debtors created from “out-of-the-box” prepetition corporate transactions, on January 30, 2023, the United States Court of Appeals for the Third Circuit issued a unanimous opinion dismissing Johnson &...
FINRA Facts and Trends: January 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 examine the 2023 Report on FINRA’s...