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Inflation Reduction Act
Your Word Is Your Bond: Fifth Circuit Court of Appeals Determines Surety Bonds Are Not Executory Contracts Even Through Multiparty Approach in In re Falcon V, LLC
Following an August 11, 2022 opinion from the Court of Appeals for the Fifth Circuit, certain irrevocable surety bonds will not be considered executory contracts in bankruptcy, even when a court applies a functional multiparty approach to the traditional Countryman...
General Overview of the Inflation Reduction Act of 2022
On Tuesday, August 16, President Biden signed the Inflation Reduction Act of 2022 (the Act) into law, which includes material changes to various sections of the Internal Revenue Code of 1986, as amended (the Code). The following is a general...
Quick Hit: Search Warrants
On this episode of The Bracewell Sidebar, hosts Matthew Nielsen and Seth DuCharme discuss how one goes about getting a search warrant in light of recent events, including what is required and what inferences can be fairly drawn from the...
California Sets Ambitious Offshore Wind Planning Goals
California’s updated planning goals for offshore wind: between 2 to 5 GW by 2030 and 25 GW by 2045. The California Energy Commission (“CEC”) formally adopted the foregoing planning goals pursuant to its obligations under Assembly Bill No. 525 (“AB...
New Saudi Companies Law 2022: Key Changes, and Next Steps for Companies in KSA
Background On 28 June 2022, the Saudi Cabinet of Ministers approved the New Companies Law, and it was published in the official gazette (Umm Al Qura newspaper) on 4 July 2022 pursuant to Royal Decree No. (M/132) dated 01/12/1443H (the...
The Major Questions Doctrine and Agency Rulemaking
In West Virginia v. EPA, the US Supreme Court struck down an Obama-era regulation known as the Clean Power Plan, which sought to mandate the construction of wind and solar plants by limiting the amount of electricity that could be...
The UK National Security and Investment Act: Key Implications for the Energy Sector
Background The UK’s National Security and Investment Act 2021 (the “Act”) entered into force on 4 January 2022, introducing a new investment control regime for acquisitions in the UK, with the aim of protecting the UK’s national security. These new...
Crypto Assets in the Voyager Bankruptcy: Can Customers Recover?
The crypto winter has overcast the summer for many Voyager customers. Upon the commencement of Voyager’s chapter 11 filing in July, customer accounts were frozen. Unable to trade their own crypto assets, some frustrated customers rushed to consult with legal...
After West Virginia, What’s Next at EPA?
The Biden Administration has said that the Supreme Court’s recent decision in West Virginia v. EPA will not keep them from taking aggressive "executive actions" to address climate change. Outside groups (including most recently a group of state attorneys general)...
Better Late Than Never: Delaware Bankruptcy Court Determines That 546(e) Avoidance Safe Harbors Are Available to Defendants That Only Qualify as Financial Participants Several Years After the Subject Transaction in In re Samson Resources Corp.
Following an August 4, 2022 memorandum opinion from Judge Brendan L. Shannon of the United States Bankruptcy Court for the District of Delaware, a party to a safe harbored contract can qualify as a “financial participant” under section 546(e) of...
Understanding West Virginia v. EPA, Part 2: The Impact
In the second of a two part conversation about West Virginia v. EPA, Bracewell Environmental Law Monitor host Daniel Pope talks with Bracewell partners Jeff Holmstead and Jeff Oldham about the implications of the decision for federal agencies, the Biden...
A Cloudy Forecast?
Renewables has become the buzz word in the energy and infrastructure space like no other. Certainly 2021 closed out with record procurements across the Gulf and the Middle East more broadly, signalling an entrenched energy transition which few would call...
TSA Revises Cybersecurity Directive for Critical Pipeline and LNG Facilities
Following significant collaboration with the industry, the Transportation Security Administration (TSA) issued a revised directive, effective July 27, 2022, which updates one of the prior directives issued in the wake of a May 2021 cyberattack on one of the nation’s...
Growing Regulation of Pay Information by States and Municipalities
On Thursday, July 28, Bob Nichols and Caroline Melo held a 30-minute webinar explaining the latest developments and offering practical strategies for managing compliance. Topics included: An increasing number of state and local pay transparency laws are requiring employers to...
Check It Once, Check It Twice: OFAC Requests Daily Screenings of SDN List for Sanctions Compliance
A recent OFAC enforcement action against MidFirst Bank highlights the five essential components of an effective sanctions compliance program that will serve to mitigate exposure in the event of a violation: Senior management commitment to developing a culture of compliance...