Insights

Quick Hit: Russian Sanctions and Cybersecurity

On this episode of The Bracewell Sidebar, we look beyond Russia’s invasion of Ukraine at the business and legal implications of the Russian sanctions, as well as at cybersecurity issues. What do companies, organizations and individuals need to know about...

Amid a Minefield of Sanctions and Export Controls, Here's How to Provide Aid to Ukraine

Over the past week, the Biden Administration has announced unprecedented sanctions and export controls against Russia in response to its unprovoked invasion of Ukraine. As the State Department pledges an additional $350 million in military and humanitarian support for Ukraine...

Nothing is More Expensive Than a Missed Opportunity: A Unique New Moment for Hazardous Waste Generators in Texas

Texas hazardous waste law just notably improved—at least for facilities that take advantage of some recent rules. The Texas Commission on Environmental Quality (“TCEQ”) recently approved a rules package effective on February 3, 2022 that adopts the U.S. Environmental Protection...

Morgan v Sundance: How Taco Bell Could Impact Waiving Arbitration

Companies in the process of determining their dispute resolution policies should keep a close eye on an upcoming U.S. Supreme Court case. On March 21, 2022, the Court is set to hear arguments in Morgan v. Sundance, which takes up...

Countering the Threat of Workplace Violence

Rebecca Baker, chair of Bracewell’s labor and employment group, Dr. Kostas A. Katsavdakis, one of the country’s leading experts on threat assessment, and Seth DuCharme, the former principal associate deputy attorney general of the United States who is now a...

More Focus on ESG Means More Scrutiny, Litigation and Enforcement, Too

Attention to environmental, social and governance (ESG) factors has reached a new high water mark in recent months and many companies’ level of concern about the potential legal ramifications of ever-expanding ESG reporting and disclosure is not far behind. An...

Oil Spot Trading: Whose Terms Apply - The Incorporation of English Jurisdiction Clauses in Oral Agreements

Spot trading of oil is often done at speed and over the phone, with confirmatory written terms arriving after the sale. The practice has inherent legal risk – the terms of the deal may be uncertain and incomplete. In Addax...

Good Faith in English Contract Law

Summary

Under English law, there is no general doctrine of good faith. This means that there is no general obligation to act in good faith during the negotiation of commercial contracts. The exceptions to this rule include where (a) the contract contains an express duty of good faith; (b) there is a contractual discretion and a term of good faith may be implied; or (c) the agreement in question is a ‘relational’ contract giving rise to an implied term of good faith. The term that will be implied will depend on the express provision in question, and the contract as a whole.

Cyber Siren Warning - When State Actors Attack

Russia began a physical invasion of Ukraine Wednesday night, and as the United States responded with sanctions, the threat of cyberattacks against American companies became more acute. Major American businesses – from banks to critical infrastructure companies – are preparing...

An Update on the EU Mandatory Human Rights and Environmental Due Diligence Law – What You Need to Know

In March 2021, the European Parliament voted by an overwhelming majority for the adoption of a binding EU law that requires businesses to conduct environmental and human rights due diligence along their full value chain or face concrete fines, sanctions...

Strategic Use of International Arbitration & Mexico

In an in-person as well as virtual event, Bracewell’s Stephen Crain, John Gilbert, Sean Gorman, Martin Gusy, Manuel Vera together with Manuel Cervantes of MCM Abogados in Mexico City and guest speaker Steve Andersen of International Centre for Dispute Resolution...

The Changing Landscape for Government Contracts and Government Investigations

On this episode of The Bracewell Sidebar, we talk with Bob Wagman about criminal investigations involving alleged misconduct connected with government programs. Bob is a partner in Bracewell’s Washington DC, where he leads our government contracts practice. Can you lay...

Federal Natural Resource Management, Permitting, and Species Protection – Expectations for 2022

In 2022 the Administration will continue its efforts to pivot to renewable energy and embed climate considerations in every aspect of federal decision-making. We can anticipate a major rulemaking implementing the Department of the Interior’s new authority to allow permanent...

General Counsel Perspectives on ESG

On this episode of the Bracewell Environmental Law Monitor, host Daniel Pope is joined by Will Marsh, Travis Counts and Tim Wilkins to discuss how general counsel and in-house counsel are addressing developments in the world of environmental, social and...

Certain CCUS Projects Now Eligible for Financing with Tax-Exempt Bonds

Tax-exempt bonds can now be added to the list of ways in which carbon capture, utilization and storage (“CCUS”) projects can be financed. Specifically, the Infrastructure Investment and Jobs Act (the “Act”) amends section 142(a) of the Internal Revenue Code...