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Environmental Enforcement Defense 101

Highlights

USDOL’s Final Salary Regulations: Impact on Exempt Employees and the Possibility of Future Litigation

Broad U.S. Discovery Now Available in Foreign Arbitrations

Mexico's Agenda for 2020 in Energy and Infrastructure

Is the Opportunity Now a Reality? IRS and Treasury Release Second Tranche of Opportunity Zone Regulations

After months of waiting, the IRS and the Treasury Department have released a second set of proposed regulations (the “ Second Tranche ”) relating to the opportunity zone provisions enacted as part of the Tax Cuts and Jobs Act of...

Spin Me Right Round: Recent Developments Impacting Tax-Free Spin-Offs

In our recent article on spin-offs (click here ), we discussed an announcement made by the Internal Revenue Service (IRS) signaling a change in the application of the active trade or business (ATB) requirement under Section 355 of the Internal...

New Requirements for Deducting Payments to Governmental Entities

Section 162(f) of the Internal Revenue Code of 1986 (the Code), as amended by the Tax Cuts and Jobs Act (the TCJA), limits the federal income tax deductibility of certain payments made to a government or governmental entity, including certain...

Growing Complexity of ECA Financing

Project Finance International

Project sponsors seeking to develop large-scale infrastructure projects have faced a variety of challenges over the last decade. Project sponsors have long sought to combine financial products from a diverse pool of private and public sector creditors; over the years...

A Practical Guide for Multistate Employers on Managing the Growing Patchwork of Marijuana Laws

Many employers, especially those operating in a number of different states, are troubled with how to effectively cope with new and widely varying state marijuana laws. Not only are the state laws that authorize medical or recreational marijuana use proliferating,...

Texas Supreme Court Expands Upon the Rights of Oil and Gas Producers to Deduct Post-Production Costs in Burlington Resources Oil & Gas Company, L.P. v. Texas Crude Energy, LLC

To the relief of oil and gas producers, the Texas Supreme Court ruled on March 1, 2019, in Burlington Resources Oil & Gas Company, L.P. v. Texas Crude Energy, LLC (No. 17-0266), that post-production costs were rightfully deducted when calculating...

Spotlight on Public Finance, Spring 2019

Featured Articles: Hackers Continue to Target Public Sector Entities; Credit Ratings and Infrastructure at Risk,
Negotiating Your “Standard” Construction Contract

Best Practices for Agency Communications

Environmental professionals and attorneys are in constant contact with state and federal regulators, in a variety of contexts – regulatory advocacy, permitting, responding to investigations, and enforcement defense. Join representatives of Bracewell’s Environmental Strategies and Policy Resolution Groups for a...

Lorenzo v. Securities and Exchange Commission: "Maker" or "Messenger"? It Doesn't Matter

On March 27, 2019, the Supreme Court of the United States issued its decision in Lorenzo v. Securities and Exchange Commission , 587 U.S. ___ (2019) curtailing any meaningful distinction between liability of a statement maker and a statement’s messenger...

Oil & Gas Deal-Doing in Mexico: Current Trends & Future Prospects

Manuel Vera, Jeffery B. Vaden, Darren Spalding and Adam Blythe of Bracewell, and Manuel Cervantes of MCM Abogados discuss deal trends in Mexico and the future of the oil and gas market...

FERC Issues Transmission Notices of Inquiry Focused on Return on Equity and Transmission Incentives

On Thursday, March 21, 2019, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued two Notices of Inquiry (“NOIs”). One NOI focuses on FERC’s approach to determining the Return on Equity (“ROE”) for FERC jurisdictional electric transmission and cost-based wholesale power rates (“ROE Inquiry”)...

Closing the Side Door – The Imperative of the College Admission Scandal

On March 12, 2019, the Justice Department unveiled its indictment and charges of 50 individuals involved in one of the most sweeping admissions scandals to hit higher education. Eight universities have been implicated in the initial charges, with the Government...

SEC Adopts Amendments to Modernize and Simplify Disclosure Requirements

The Securities and Exchange Commission has adopted final rules amending Regulation S-K and certain other rules and forms to modernize and simplify disclosure requirements. Among other matters, the amendments reduce and clarify the disclosures required in management’s discussion and analysis...

Federal and State Infrastructure Projects in Mexico

Members of Bracewell’s Project Finance team recently visited financial institutions, consulting firms and law firms in Mexico City to gain a better understanding of the current trends related to infrastructure development and project finance in Mexico. Below is a summary...

FERC Revises Interlocking Directorate Reporting Requirements

A February 21, 2019 Federal Energy Regulatory Commission (“FERC”) order updated certain FERC interlocking directorate requirements (“Order”).[1] More detailed background information on FERC’s interlocking directorate requirements is provided below, but in short, these requirements apply to the officers and directors...

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