Inflation Reduction Act
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.
The Questions Around Prometheum’s SEC-Compliant Strategy
Regulatory uncertainty remains a major hurdle in the way of widespread adoption of cryptocurrency. While the US Securities and Exchange Commission (SEC) has sought to apply traditional securities concepts to the crypto marketplace, the cryptocurrency industry is pushing for specific...
FINRA Facts and Trends: January 2024
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. We dedicate this month’s issue to FINRA’s 2024 Annual...
Beneficial Ownership Information Reporting Under the Corporate Transparency Act
On January 1, 2024, the reporting requirements under the Corporate Transparency Act (CTA) became effective. The CTA was enacted by Congress on January 1, 2021, as part of the Anti-Money Laundering Act of 2020 and requires certain types of entities...
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...
“Export Controls Are the New Sanctions” and Other Enforcement Trends for 2024
2023 was a banner year in the sanctions space and regulators seem primed to continue that performance in 2024. In December 2023, numerous government officials and industry experts convened at the New York Forum on Economic Sanctions to discuss lessons...
Compliance Risk After SEC Warning Against ‘AI Washing’
Bracewell’s David Shargel, Rachel Goldman and Patrick Morley write about the enforcement priority coming in 2024 as a result of a breakout year for generative artificial intelligence, with businesses of every kind racing to adopt AI tools. Companies and their compliance programs must take steps now to avoid costly regulatory sanctions and shareholder lawsuits.
DOJ and FTC Finalize New Merger Guidelines
On December 18, 2023, the Department of Justice (DOJ) and the Federal Trade Commission (FTC) issued the final version of new merger review guidelines (Merger Guidelines), five months after the agencies published a draft for public comment. The new 2023...
Treasury and IRS Issue Proposed Regulations With Respect to Clean Hydrogen Credits Under Sections 45V and 48 of the Internal Revenue Code
On December 22, 2023, the Department of the Treasury and the Internal Revenue Service (IRS) released a notice of proposed rulemaking and notice of public hearing containing proposed regulations (Proposed Regulations) with respect to Internal Revenue Code of 1986, as...
Natural Resources: Renewable Energy
Bracewell’s Taylor Stuart , Joshua Robichaud and Catherine McCarthy recently contributed a chapter on renewable energy for the American Bar Association’s Recent Developments in Infrastructure and Regulated Industries 2023 . This chapter provides a high-level summary of notable developments in...
Navigating Compliance Trends With a Roadmap to a Corporate Culture of Integrity
The Department of Justice has published — and continues to update and emphasize — a set of practical guidelines on what it views as an effective compliance program and how it makes decisions about bringing charges and evaluating resolutions. Companies...