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Inflation Reduction Act
A Cloudy Forecast?
Renewables has become the buzz word in the energy and infrastructure space like no other. Certainly 2021 closed out with record procurements across the Gulf and the Middle East more broadly, signalling an entrenched energy transition which few would call...
TSA Revises Cybersecurity Directive for Critical Pipeline and LNG Facilities
Following significant collaboration with the industry, the Transportation Security Administration (TSA) issued a revised directive, effective July 27, 2022, which updates one of the prior directives issued in the wake of a May 2021 cyberattack on one of the nation’s...
Check It Once, Check It Twice: OFAC Requests Daily Screenings of SDN List for Sanctions Compliance
A recent OFAC enforcement action against MidFirst Bank highlights the five essential components of an effective sanctions compliance program that will serve to mitigate exposure in the event of a violation: Senior management commitment to developing a culture of compliance...
Growing Regulation of Pay Information by States and Municipalities
On Thursday, July 28, Bob Nichols and Caroline Melo held a 30-minute webinar explaining the latest developments and offering practical strategies for managing compliance. Topics included: An increasing number of state and local pay transparency laws are requiring employers to...
Voyager: The Convergence of Chapter 11 and the Crypto Winter
Voyager Digital Assets, Inc., a leading cryptocurrency brokerage and lending platform, filed for Chapter 11 bankruptcy protection on July 5, 2022 in the Southern District of New York following a recent financial crisis impacting the crypto industry, which investors are...
Senate Considers FERC's Role in Hydrogen Pipeline Development
Last week, the Senate Committee on Energy & Natural Resources (SENR) held a hearing on “Federal Regulatory Authorities Governing the Development of Interstate Hydrogen Pipelines, Storage, Import, and Export.” Chaired by Senator Joe Manchin (D-WV), the Committee considered how and...
Understanding West Virginia v. EPA, Pt. 1: The Opinions
On this episode of the Bracewell Environmental Law Monitor, host Daniel Pope talks with Bracewell partners Jeff Holmstead and Jeff Oldham about the Supreme Court’s recent decision in West Virginia versus EPA and its implications for both environmental law and...
Federal Privacy Legislation – Is it Finally Happening?
Proposed federal privacy legislation is not a new thing. But the latest iteration – the American Data Privacy and Protection Act – has many wondering if this will be the legislation that finally goes the distance. This is the first...
Antitrust Enforcement in Federal Procurement – DOJ's New Lawsuit to Block a Merger Suggests that Things May Be Getting Interesting
In November 2019, the Department of Justice formed the Procurement Collusion Strike Force (“PCSF”) to focus the government’s enforcement resources on “deterring, detecting, investigating and prosecuting antitrust crimes, such as bid-rigging conspiracies and related fraudulent schemes, which undermine competition in...
What Are the Odds?
On this episode of Bracewell Covered, Vince Morgan discusses hurricanes and climate change with Eric Berger, the host of Space City Weather and the senior space editor at Ars Technica. Eric is a certified meteorologist who has written about weather...
FINRA Facts and Trends: July 2022
Two Years Later, Regulation BI Remains a “Tremendous Priority” for FINRA June 30th marked two years since the implementation of Regulation Best Interest (“Reg BI”) and the client relationship summary or Form CRS. Firm compliance with these new regulations remains...
The COVID-19 Change Order
During the pandemic it has become common for contractors to submit change orders to owners seeking reimbursement for COVID-19 related expenses and costs. This is especially true for large construction projects. These “COVID-19 Change Orders” seek reimbursement for everything from...
Re-shaping the UK Energy Regime in an Uncertain Political Landscape
Introduction The UK’s Energy Security Bill, first promised in 2021 and introduced to Parliament on 6 July 2022, contains a wide variety of measures which the UK Government claims will address the energy trilemma of environmental sustainability, security and affordability...
Crypto Mining – Plugging In and Powering Up
In this episode from our special series on crypto mining, New York partner Danielle Garbien joins Anne Termine and Jared Berg to discuss strategies to purchase power for crypto mining facilities, including the various ways to structure a power purchase...
In re TPC Group Inc: Delaware Bankruptcy Court Determines that Issuance of Priming Senior Notes is Not Prohibited Absent Express Anti-Subordination Provision
Following a July 6, 2022 memorandum opinion from the United States Bankruptcy Court for the District of Delaware, lenders and noteholders seeking to preserve the priority of their liens must make any desired subordination protections explicit in their security documents...