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Know Your Client, Know Your Customer, Know Your Counterparty Practice
On this episode of The Bracewell Sidebar, Matthew Nielsen talks with our new podcast co-host, Seth DuCharme, about developments in white-collar enforcement, including the recent sanctions against Russia and the aggressive enforcement positions being taken by various agencies. Let our...
"A Clash of Two Congressionally Constructed Titans": Fifth Circuit Declares Bankruptcy Court Victorious Over FERC in In re Ultra Petroleum Corporation
On March 14, 2022, the United States Court of Appeals for the Fifth Circuit (the “Fifth Circuit”) revisited the issue of the rejection of filed-rate contracts in bankruptcy where such contracts are governed by the Federal Energy Regulatory Commission (“FERC”)...
UAE Employment Law Update
2 February 2022 saw the introduction of a new UAE Labour Law in the form of UAE Federal Law No. 33 of 2021, Regulating Labour Relations (“New Law”), repealing the existing UAE Labour Law, UAE Federal Law No. 8 of...
The US Government Has a New Stopwatch for Cyber Incident Reporting: What You Need to Know Now
Amid the escalating conflict in Ukraine and concerns of Russian cyber threats to the United States, President Joe Biden recently signed a $1.5 trillion government spending deal with serious cybersecurity reporting obligations for critical infrastructure operators intended to shore up...
The Breakdown Versus The Bottom Line
Bracewell’s Policy Resolution Group Co-Head Scott Segal moderated this matchup between PRG Senior Principal and Former Senior Policy Advisor to then-Senator Kamala Harris Yasmin Nelson and PRG Principal, pundit and former Republican strategist Liam Donovan on the first year of...
Is the "S" in ESG Poised for a Breakout Year in 2022 for Sustainability-Linked Loans?
If last year was any indication, 2022 may be another record-setting year for the sustainable syndicated loan market. According to financial data provider Refinitiv, new issuances of sustainability-linked loans (“SLLs”) climbed to $717 billion in 2021, an increase of more...
KYC in a Digital World, How New Sanctions and AML Expectations Have Upped the Stakes and What You Need to Do About it
“Know your customer” is a bed rock principle of anti-money laundering and sanctions compliance programs, but it’s not always easy, particularly as more sophisticated and aggressive players have taken the field in recent months. For example, in response to Russia’s...
Executive Order Legitimizes Cryptocurrency Industry – Regulation and Legislation up Next
The White House Executive Order on Ensuring Responsible Development of Digital Assets (the “EO”), is the policy statement that the industry was waiting and hoping for: one that recognizes the legitimacy of the cryptocurrency industry. The EO presents a balanced...
Snacks With Steve Melendi From Tollefson Bradley Mitchell & Melendi
On this episode of Bracewell Covered, host Vince Morgan visits with guest Steve Melendi from Tollefson Bradley Mitchell & Melendi who is in town for a hearing. How did you get into insurance, and how has your career evolved? The...
Navigating the Rapid Tempo of Evolving Sanctions and Export Controls
Bracewell Partners Michael Brooks and Anne Termine hosted a Flash Roundtable led by Seth DuCharme, a partner in Bracewell's government enforcement and investigations practice and the Former Principal Associate Deputy Attorney General of the United States. Seth explained how the...
A Second Life for Batteries
The surge in the deployment of utility-scale and electric vehicle batteries requires a regulatory regime to govern what we do with all these batteries once no longer fit for their initial purpose. The existing regimes in the EU and UK...
DOJ Announces the First of What Will Likely Be Many Settlements Under its Cyber-Fraud Initiative
The Department of Justice unveiled its Cyber-Fraud Initiative in October 2021, announcing that it planned to use its civil fraud enforcement authority under the False Claims Act to ensure compliance with contractual cyber-security requirements applicable to government contractors. On March...
The Future of NEPA
On this episode of the Bracewell Environmental Law Monitor, host Daniel Pope talks with Chad Whiteman, Andrew Varcoe and Ann Navaro about current rule-making from the Council on Environmental Quality, the agency that oversees the implementation of the National Environmental...
Five Take-Aways From Bracewell Seminar on the Strategic Use of International Arbitration and Mexico
International arbitration, when available and used strategically, adds leverage, especially in dealing with a government. Qualifying foreign investors in Mexico affected by the changes in the regulatory environment promoted by President Andrés Manuel López Obrador (AMLO) for subcontracting/outsourcing and the...
Mandatory Arbitrations Now Banned in Sexual Misconduct Disputes
Today, March 3, 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, which amends the Federal Arbitration Act (“FAA”) by banning mandatory arbitration in sexual assault and sexual harassment cases...