Insights

“Fair Value” and “Fair Value to the Obligor”

The mortgage bond indenture (herein called a “Mortgage”) under which many electric and gas utility companies in the United States issue debt securities (herein generically called “bonds”) may be one of the most unloved instruments in all corporate finance. Many...

Part 2 – Classified Information in Federal Criminal Litigation and the Need to Know With Sid Kamaraju

On the second episode in this two-part series, Bracewell Sidebar hosts Matthew Nielsen and Seth DuCharme are joined by Sid Kamaraju, a former national security prosecutor in the Southern District of New York, to discuss the process by which classified...

Dealing With Opposing Counsel the Ted Lasso Way

Most Friday nights, my wife Jennifer and I order takeout from the Tex-Mex restaurant down the street, settle onto the couch in the den, and see what’s good on Netflix or Apple TV. One such Friday night not too long...

Here We Go Again: EPA's Proposed Changes to the RMP Program

On August 31, 2022, EPA published a proposed rule that would make a number of key changes to the federal Risk Management Plan (RMP) program. The proposed changes would impact the scope of the Process Hazard Analysis (PHA), third-party compliance...

FINRA Facts and Trends: September 2022

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 FINRA’s new Complex Investigations...

Monitor/Sidebar Crossover Part 2: I Am the One Who Knocks

In the second of a two-part series on government investigations and inspections, Bracewell partners Kevin Collins and Seth Du Charme join Environmental Law Monitor host Daniel Pope for a discussion of what to do when the government is actually knocking...

Part 1-Classified Information in Federal Criminal Litigation and the Need to Know With Sid Kamaraju

On this episode of The Bracewell Sidebar, hosts Matthew Nielsen and Seth DuCharme are joined by Sid Kamaraju to discuss litigating classified information and some of the nuances of the classification process. Prior to joining private practice, Sid was a...

ICLG: UK Renewable Energy 2023

DOJ to Companies: If You Step Up & Own Up, You Might Not Have to Pay Up

Late last year, the Department of Justice (DOJ) announced material changes to the way it intended to investigate, prosecute, and resolve corporate cases. The changes were aggressive, leading us to title our update “DOJ’s Torpedoes Are in the Water: Be...

East Coast Turns Focus to Offshore Wind Transmission

Many east coast states procuring offshore wind are now pivoting towards tackling the difficulties of interconnecting this significant resource. While some states, like New Jersey and New York, are working independently to address how to interconnect offshore wind projects efficiently...

Competing Considerations in Intercreditor Agreements for Project Finance, Mining Streams and Royalties

Monitor/Sidebar Crossover Part 1: I Am The One Who Knocks

In the first of a two-part series on government investigations and inspections, Bracewell partners Kevin Collins and Seth Du Charme join Environmental Law Monitor host Daniel Pope for a discussion of best practices for preparing for government inspections at facilities...

Fifth Circuit Condemns Texas Transmission ROFR Law on Constitutional Grounds

On August 30, 2022, the Fifth Circuit issued an opinion condemning a far-reaching Texas law on electric transmission right-of-first-refusal (“ROFR”). The decision concerns a 2019 Texas law that restricted the ability to build, own, or operate new transmissions lines to...

Mistakes Pipeline Companies Make With PHMSA-Required Substance Testing

Under the Biden administration, the Pipeline and Hazardous Materials Safety Administration (PHMSA), like other federal regulatory enforcement agencies generally, is taking a more active approach to regulatory enforcement. One element of PHMSA regulation where covered operators are not uncommonly falling...

CSB Releases Guidance on Accidental Release Reporting

On August 30, 2022, the U.S. Chemical Safety and Hazard Investigation Board (“CSB” or the “Agency”) issued a guidance document aimed at helping owners and operators of stationary sources and similar stakeholders understand and comply with CSB’s Accidental Release and...