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Inflation Reduction Act
Questions Remain After Supreme Court Resolves Circuit Split Over Discovery in Arbitration Under 28 U.S.C. § 1782
On June 13, 2022, the Supreme Court resolved a long-standing circuit split holding that broad U.S.-style discovery under 28 U.S.C. § 1782 is not available in private foreign arbitrations. In the past decade, litigants in international arbitrations had been trying...
Environmental Essentials: Texas Air Permitting Round-Up
Bracewell Partner Whit Swift reviews the recent activity on three separate air permitting topics and how each development could impact members of the regulated community: EPA Orders objecting to Texas Title V permits; the TCEQ Commissioners’ evaluation of requests for...
FERC Proposes Overhaul of Interconnection Procedures
On June 16, 2022, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued a Notice of Proposed Rulemaking (“Generator Interconnection Reform NOPR”) seeking comments on proposed reforms to FERC’s pro forma interconnection procedures found in transmission providers’ Open Access Transmission...
Keeping Pace with the Evolving Sanctions Enforcement Regime
On this episode of The Bracewell Sidebar, hosts Matthew Nielsen and Seth DuCharme will give an update on developments in sanctions and enforcement based on insights gleaned from recent conferences that Seth attended. He shares some of his key takeaways...
Key ESG Takeaways From Bracewell Fireside Chat With CFTC and SEC Commissioners
On June 2, 2022, in Bracewell’s Washington D.C. office, Bracewell and Women in Derivatives (WIND) hosted two commissioners from the nation’s top market regulators, the Commodity Futures Trading Commission (CFTC) and the Securities and Exchange Commission (SEC), for a wide-ranging...
FINRA Facts and Trends: June 2022
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. FINRA’s enforcement arm has turned its attention to policing...
Supreme Court Resolves Circuit Split Over 28 U.S.C. § 1782
On Monday, the Supreme Court resolved a circuit split and issued a long-awaited decision holding that broad U.S.-style discovery under 28 U.S.C. § 1782 is not available in private foreign arbitrations. In the past decade, litigants in international arbitrations had...
A Surge in Unionization and Shifting Tides at the National Labor Relations Board (NLRB)
Rebecca Baker and Amy Karff Halevy take an in-depth look at the recent surge in unionization efforts and potential NLRA impacts on employers, with and without unionized workforces. This webinar discusses why employers should monitor this resurgence of the labor...
More Wiggle Room for White Hat Hackers?
On May 19, 2022, the Department of Justice (“DOJ”) announced significant clarifications to its policy on charging Computer Fraud and Abuse Act (“CFAA”) violations that give some comfort to cyber security consultants who engage in network testing and related operations...
Not So Fast—NCAA Issues NIL Guidance Targeting Booster Activity
Recently, the NCAA Division I Board of Directors issued guidance to schools concerning the intersection between recruiting activities and the rapidly evolving name, image, and likeness legal environment (see Bracewell’s earlier reporting here ). The immediately effective guidance was in...
CFTC 2022: A New Commission, A New Agenda, Same Aggressive Enforcement
The Commodity Futures Trading Commission (the “Commission” or “CFTC”) experienced a year of transition on both the enforcement and regulatory fronts during its Fiscal Year 2021, which runs from October 1, 2020 through September 30, 2021 (“FY 2021”). The Division...
Takeaways From the World Blockchain Summit
On this episode of Bracewell Crypto Bits hosted by Anne Termine, Amelia Bowring shares insights from the World Blockchain Summit, including why Dubai has become a hotbed for cryptocurrency. In terms of the UAE, can you give us a sense...
The Progressive Case
Public budgets are under pressure – made worse in this period of high inflation. These factors, combined with the increased need for infrastructure improvements, has prompted the public and private sectors to seek pragmatic ways to improve the procurement process...
Fifth Circuit's Constitutional Carve-Back of the SEC's ALJ Enforcement Proceedings Likely to Lead to More Federal Court Cases
On May 18, 2022, the United States Court of Appeals for the Fifth Circuit (the “Fifth Circuit”) dealt a major blow to the U.S. Securities and Exchange Commission’s (“SEC”) enforcement program. In Jarkesy v. SEC , the Fifth Circuit ruled...
How to Make Informed Performance Bond and International Arbitration Decisions in Dubai and Saudi
This webinar examines transactional considerations and the procedure for enforcement of performance bonds before looking into how calling a bond can be used strategically in a wider disputes context. The panelists analyze the impacts of Decree No. 34 of 2021...