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Hey! That's My Move!

Copyright, Fortnite and the Ability to Protect How You Shake Your Groove Thing

Highlights

An Alternative Structure for Certain P3 Projects – The 63-20 Financing

Caught in the Crosshairs at Work: Practical Considerations for Employers to Prevent and Address Violence in the Workplace

Appellate Court Affirms Decision to Block Medical Merger

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”)...

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...

From Sunrise to Sunset: Phasing-Out the Renewable Energy Tax Credits

While corporate tax reform and reduced tax rates were the hallmark of sweeping 2017 legislation (the Tax Cuts and Jobs Act, or TCJA), and thus the focus of the media and tax professionals, the renewables industry was largely unaffected by...

Somebody's Watching EU: Washington State Senate Passes Privacy Legislation Similar to European Union's Data Privacy Regulations

Washington could be the next U.S. state to enact consumer privacy legislation similar to the EU's General Data Protection Regulation (GDPR). On Wednesday, the Washington state senate overwhelmingly approved the Washington Privacy Act , SB 5376 (the "WPA") which takes...

DOJ Reveals Foreign Agent Cases Are Fara from Over

On March 6, Assistant Attorney General for National Security John C. Demers announced that the Department of Justice (“DOJ”) has designated a new deputy chief to lead the Foreign Agents Registration Act (“FARA”) unit and that DOJ will start treating...

D.C. Circuit Upholds Vertical Merger of AT&T and Time Warner

On February 26, 2019, the U.S. Court of Appeals for the D.C. Circuit unanimously affirmed a district court decision rejecting the U.S. Department of Justice’s challenge to AT&T’s $85 billion merger with Time Warner, cementing one of the biggest merger...

The 411 on Section 411(a) of the Copyright Act: Supreme Court Holds That Copyright Owners Cannot File Infringement Lawsuits Until After Receiving Official Grant of Registration

Copyright owners cannot file infringement lawsuits until after the subject work has been granted registration by the U.S. Copyright Office. This unanimous decision from the Supreme Court today in Fourth Estate Pub. Benefit Corp. v. Wall-Street.com , 17-571 (U.S. Mar....

New HSR Notification Thresholds for 2019

The Federal Trade Commission ("FTC") has announced the annual revisions to the Hart-Scott-Rodino Antitrust Improvements Act ("HSR Act") thresholds, which will become effective on April 3, 2019. The revised thresholds will apply to any transaction closing on or after the...

Fifth Circuit Upholds Independent Contractor Status for Highly Skilled Energy Industry Consultants

In Parrish v Premier Directional Drilling , the Fifth Circuit recently rejected a group of directional driller consultants’ claims for overtime under the Fair Labor Standards Act (“FLSA”) finding that the directional driller consultants were properly classified as independent contractors....

Drafting Effective Separation Agreements; Best Practices and Current Law

Composing separation agreements that are consistent with best practices and a host of relevant legal concerns can be a never-ending endeavor for employers - especially with case law and agency guidance continually evolving. Challenging issues involved in drafting these agreements...

Environmental Issues & Terms in Common Commercial Contracts

The everyday conduct of business necessitates activities that involve important environmental requirements and risks. And those activities are commonly accompanied by written agreements that attempt to address those requirements and prevent, mitigate, and allocate those risks. Tim Wilkins and Daniel...

A Victim Of Its Own Success? Jordan Re-evaluates Its Power Generation Strategy

Jordan’s approach to the development of renewable energy generation infrastructure has long been regarded as a template for other governments in the region.

IRS Issues Final Regulations on Partnership Audit Rules

On December 21, 2018, the Treasury Department and IRS released final regulations (the Regulations) implementing the federal audit regime for partnerships, and entities classified as partnerships for federal income tax purposes, enacted under the Bipartisan Budget Act of 2015 (the...

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