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Inflation Reduction Act
Update on Securities and Exchange Commission’s Landmark Proposed Climate-Change Disclosure Rulemaking
Things to Consider Rulemaking Coordinate closely with trades to ensure their comments reflect concrete information about impracticability and cost; these make a difference in the admin record upon judicial review Trade associations and industry groups are taking the lead on...
DOL Stance on Cryptocurrency in 401(k) Plans Becomes a Political Football
A recent release by the DOL raising concerns about plan sponsors allowing cryptocurrency investments in 401(k) plans has gotten the attention of both sides of the Congressional aisle as well as industry groups. Some of the reactions to the release...
The New UAE Labour Law: An Evolution Rather Than a Revolution
February 2, 2022, saw the introduction of the new UAE Labour Law (Federal Law No. 33 of 2021) (“New Law”), replacing the previous 1980 legislation. The New Law was supplemented by a corresponding set of Executive Regulations dated February 3...
Solar, Hydrogen and Storage: A Heady Mix for the Middle East
The Middle East’s oil and gas has put the region at the heart of the energy sector the last 100 years. These resources, plus plentiful sunshine, will see it continue to play a major role into the energy transition —...
FINRA Facts and Trends
Understand What’s Happening in the Financial Industry Regulatory World With Commentary and Updates From Bracewell’s Experienced FINRA Team We are pleased to introduce the inaugural issue of Bracewell’s FINRA Facts and Trends, a monthly newsletter devoted to condensing and digesting...
SEC Brings First Major ESG Enforcement Action
More than a year after creating its Climate and ESG Task Force in March 2021, the Securities and Exchange Commission’s ESG-related enforcement goals are finally being realized. The SEC recently brought a fraud action against Vale S.A., a publicly traded...
Supreme Court Set to Resolve Impasse Over US Discovery in International Arbitration
The future of discovery in private international arbitration is in the Supreme Court’s hands following oral argument last month in two consolidated cases concerning the interpretation of 28 U.S.C. § 1782. A relatively arcane provision that has recently attracted headlines...
Environmental Enforcement, Suspension and Debarment With Robert Wagman, Jason Hutt and Kevin Collins
On this episode of the Bracewell Environmental Law Monitor, host Daniel Pope talks with Kevin Collins, Jason Hutt and Robert Wagman about current trends and environmental and federal enforcement. Kevin Collins is a partner in our Austin office. He is...
Tales From the Inside - Introducing Bracewell Colleague Suzanne Day
On this episode of Bracewell Covered, Vince Morgan welcomes Suzanne Day, who recently joined the firm from The Lubrizol Corporation where she worked for more than 20 years in their legal division, eventually serving as chief legal and ethics officer...
Knock-for-Knock Indemnities: Risk Allocation in Offshore Energy Contracts
What are knock-for-knock indemnities? A knock-for-knock clause is a reciprocal agreement to apportion liability for certain losses (usually, death or injury to personnel and damage to property) between contracting parties, supported by mutual indemnities. A knock-for-knock regime replaces the fault-based...
Litigation and Enforcement Impact of the SEC's Proposed Rules on Climate-Related Disclosure
The Securities and Exchange Commission’s Proposed Rules on Climate-Related Disclosure, released March 21, 2022, represent a significant change in public company disclosure requirements and, if adopted, will have far-reaching effects not only on all public companies but also on those...
FERC Issues Proposal to Overhaul Transmission Planning and Cost Allocation
On April 21, 2022, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued a much-anticipated Notice of Proposed Rulemaking (“NOPR”) proposing changes to its transmission planning and cost allocation policies that are intended to promote the more efficient and cost-effective...
Corporate Governance Considerations Under the SEC's Proposed Climate Disclosure Rules
As we have noted previously, the U.S. Securities and Exchange Commission’s recently proposed rules governing climate-related disclosures, if adopted as proposed, would represent a sea change to the existing public-company disclosure regime. We focus here on the corporate-governance aspects of...
CCS and the Role of Project Finance
The UN Climate Change Conference in 2021, known as “COP26”, highlighted the scale of global carbon emissions and the speed with which they must be addressed in order to meet net zero targets by 2050. Carbon capture and storage (“CCS”)...
The 411 on 420: Can Employers Still Test for Marijuana?
Manufacturers understandably are concerned about how new laws protecting employee off-duty marijuana use may undermine their efforts to avoid workplace injuries and deaths. Understanding the changing legal landscape and the tools still available to employers to protect against safety risks...