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Climate Change
Daniel Pope introduces Bracewell Environmental Law Monitor and talks with Jeff Holmstead about the Biden administration's plans for climate change.
Environmental Justice
Daniel Pope and Kevin Ewing discuss environmental justice, its intersection with racial justice, and new environmental law guidance.
IRS Further Extends the Continuity Safe Harbor for Qualifying Solar and Wind Projects
On June 29, 2021, the IRS released Notice 2021-41 (the Notice) extending the length of the Continuity Safe Harbor (as defined below) for purposes of claiming the investment tax credit (ITC) or the production tax credit (PTC). Developers and investors...
IRS Provides Welcome Guidance on Code Section 45Q Credits in Revenue Ruling 2021-13
On July 1, 2021, the Internal Revenue Service (IRS) released Revenue Ruling 2021-13 (the Revenue Ruling), addressing the application of section 45Q of the Internal Revenue Code of 1986, as amended (Section 45Q) to carbon dioxide captured with carbon capture...
Will Mandated ESG Disclosures Lead to Increased Litigation Risk?
With the Securities and Exchange Commission resolute in its efforts to establish new disclosure requirements related to environmental, social and governance (ESG) risks, companies appear increasingly resigned to some measure of mandatory reporting. But these companies haven’t yet given up...
Rare Judgment from Commercial Court on Scope of AA 1996, s 32 and Its Interaction With AA 1996, s 72 (Armada Ship Management v. Schiste Oil And Gas Nigeria)
LexisNexis
Arbitration analysis: In recognition of the relative rarity of applications under section 32 of the Arbitration Act 1996 (AA 1996), Mrs. Justice Cockerill in the Commercial Court elected to hand down a written judgment in respect of an application for...
Stockholders vs. Stakeholders
Why did Bill Gates start Microsoft? While corporations can be formed for any number of reasons, it seems safe to assume, in the ordinary case, that a for-profit corporation is formed to found a new business or expand an existing one and that such a corporation, having been set up and funded by the initial stockholders, is operated and managed for the purpose of carrying on that business, presumably with the objective of enhancing its value over time. This would inure ordinarily to the benefit of the stockholders, as indirect owners of the business.
Supreme Court's Ruling in Goldman Sachs Leaves Open a Path for Securities Fraud Claims Based on Generic ESG Statements
In April, we analyzed whether a corporation’s purely generic public statements on environmental, social and governance (“ESG”) issues could form the basis of a subsequent securities fraud action. At the time, we identified a case pending before the United States...
FERC Endeavors to Encourage Transmission Development in Coordination With States
Energy Legal Blog®
At the June 17, 2021 Open Meeting, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued a policy statement and an order reflecting its continued support for transmission project development and transmission...
The Future of Carbon Capture, Utilization and Storage Projects
Code Section 45Q and Proposed Amendments: Elizabeth McGinley Permitting Requirements for CCUS: Jeff Holmstead Land Rights for CCUS: JJ McAnelly and Austin Lee Contractual Arrangements for CCUS: Patrick Johnson CCUS Innovation and IP Due Diligence: Brad...
Notes From the Other Side: Sharing Fries With Jamie Carsey, Sr. Director of Claims-Legal at Markel
In this episode of Bracewell Covered, Vince Morgan, podcast host and chair of Bracewell’s insurance recovery practice, talks with Jamie Carsey about her experience in the insurance industry, including her approach to claim processes. Jamie is a senior director, claims...
SEC Gets Cyber-Serious About Disclosures
As cyberattacks continue to attract greater attention, the SEC has taken an additional step in its efforts to bring enforcement actions related to cyber disclosures. On June 14, the SEC announced settled charges against a real estate settlement services company...
ESG Seminar: Best Practices for M&A and Quick Hits on In Different Disciplines
ESG Considerations and Best Practices for Mergers and Acquisitions - Jo En Low & Ben Martin Quick Hits on ESG Issues in Different Disciplines Cybersecurity - Phil Bezanson Strategic and Crisis Communication - Scott Segal Labor - Becky Baker Environmental...
Khan Confirmation to FTC Foreshadows More Aggressive Antitrust Agenda
Earlier this week, Columbia Law School professor Lina Khan was confirmed by the U.S. Senate to fill the 5th seat on the Federal Trade Commission, giving Democrats a 3-2 majority on the competition and consumer protection agency. The Senate vote...
ESG Seminar: Legislative Developments, International Approaches and Finance
ESG-Related Legislative and Regulatory Developments - Scott Segal & Jason Hutt International Convergence on Approaches to ESG Assessment, Reporting, and Expectations - Jo En Low & Suyin Tan The Emerging Role of ESG in Corporate Valuation and Finance - Fernando...