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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.
“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...
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...
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.
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...
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...
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...
Key Developments in Environmental Law and Policy in 2023, and What's Ahead in 2024
On this episode of the Bracewell Environmental Law Monitor, we look back at the significant developments in environmental and natural resources law and policy in 2023, as well as look ahead to what's to come in 2024. Co-hosts Daniel Pope...
The Investment Tax Credit for Offshore Wind Projects: A Second Look at the Proposed Regulations Under Section 48
On November 22, 2023, the Internal Revenue Service and Treasury Department released proposed regulations (the Proposed Regulations) relating to the investment tax credit (the ITC) under Section 48 of the Internal Revenue Code of 1986, as amended (the Code). The...
Third Circuit Provides Guidance on Reviewability of Constructive Approvals Resulting From FERC Deadlocks in PJM Focused-MOPR Appeal
On December 1, 2023, the U.S. Court of Appeals for the Third Circuit held that outcomes by operation of law caused by deadlocks among the members of the Federal Energy Regulatory Commission (“FERC” or “Commission”) are judicially reviewable as final...
What is AI Washing? The SEC’s Latest Target
Is AI the new green? Recent comments by Securities and Exchange Commission Chair Gary Gensler suggest the regulator is primed to begin turning its enforcement efforts against so-called “AI washing,” presenting a new area of risk for some companies that...
FINRA Facts and Trends: December 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 report on a significant proposed rule...