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Inflation Reduction Act
Environmental Essentials: Permitting and Environmental Justice: What's Next?
The EPA continues to advance environmental justice policies, issuing its “Principles for Addressing Environmental Justice in Air Permitting” in December and preparing its much-anticipated guidance on addressing cumulative impacts in permitting expected later this year. Watch Steven Cook and Whit...
Crypto Bits x Bracewell Covered
On this special Bracewell crossover episode, host David Shargel sits down with Vince Morgan , chair of Bracewell’s insurance recovery practice and host of the Bracewell Covered podcast. The pair discuss the unique issues that arise at the intersection of...
The New UAE Commercial Agencies Law
The longstanding UAE Commercial Agency Law (Federal Law No. 18 of 1981 Regulating Commercial Agencies, as amended) (the “ Current Law ”) is set to be replaced by the newly issued UAE Commercial Agency Law (Federal Law No. 3 of...
Environmental Auditing, With Tim Wilkins
In this episode of the Environmental Law Monitor, Tim Wilkins , co-chair of Bracewell’s Environmental, Social & Governance (ESG) practice group, joins host Daniel Pope to discuss environmental auditing and why companies should be actively conducting environmental audits. What is...
New UCC Article 12: Foreseeable Issues with Using Cryptocurrencies and NFTs as Collateral
Now that state legislatures across the country are working to approve the much anticipated Article 12 to the Uniform Commercial Code (UCC), it is time to prepare for transactions with cryptocurrencies and non-fungible tokens (NFTs) as collateral. 1 At the...
Texas "Two-Step" Forward, Three Steps Back for Mass Tort Debtors in the Third Circuit After LTL
In a decision that may provide much-needed boundaries around the permissibility of debtors created from “out-of-the-box” prepetition corporate transactions, on January 30, 2023, the United States Court of Appeals for the Third Circuit issued a unanimous opinion dismissing Johnson &...
FINRA Facts and Trends: January 2023
Welcome to the latest issue of Bracewell’s FINRA Facts and Trends, a monthly newsletter devoted to condensing and digesting recent FINRA developments in the areas of enforcement, regulation and dispute resolution. This month, we examine the 2023 Report on FINRA’s...
FTC Announces 2023 Increase in HSR Notification Thresholds and Effective Date for Increased Filing Fees
The Federal Trade Commission (FTC) has announced the annual revisions to the Hart-Scott-Rodino Antitrust Improvements Act (HSR Act) thresholds, which will become effective on Monday, February 27, 2023. The revised thresholds will apply to any merger or acquisition closing on...
Performance Bonds – Call Me?
On-demand performance bonds are commonly used in international energy construction projects. They take the form of an undertaking by an issuing bank or financial institution, on behalf of an obligor, typically the contractor, to pay on demand a specific amount to a named beneficiary, typically the employer. Read the factors that an employer should consider when deciding whether to call a bond.
Nigeria’s Energy Sector: Looking Back at 2022 and Looking Ahead in 2023
We review the key events of 2022 in Nigeria’s energy sector – a year that saw significant steps in the implementation of PIA, intermittent M&A activity and the continuing effects of crude theft. We also consider what we can expect...
Looking Ahead With Erin Chancellor
In this episode of the Environmental Law Monitor, host Daniel Pope is joined by Erin Chancellor, the interim executive director of the Texas Commission on Environmental Quality (TCEQ). Can you tell us a little bit about what the transition from...
Department of Energy Seeks Public Input on Implementation of $760 Million Transmission Siting Grant Program
On January 13, 2023, the Department of Energy (“DOE”) launched its Transmission Siting and Economic Development (“TSED”) Grants program, which will provide $760 million in investment authorized by the Inflation Reduction Act (“IRA”) to support states and local communities in...
Treasury Department and IRS Release Guidance With Respect to the Sustainable Aviation Fuel Credit
On December 19, 2022, the Treasury Department and the IRS released Notice 2023-6 (the Notice), which provides guidance with respect to the credit for sustainable aviation fuel (SAF). The Inflation Reduction Act of 2022 (the IRA) enacted Section 40B of...
FTC Pursues Crackdown on Employee Noncompetes
Earlier this month, the Federal Trade Commission (FTC) launched unprecedented challenges to noncompete provisions in employment contracts through both rulemaking and individual enforcement actions. Proposed Rule to Ban Noncompetes Most significantly, on January 5, 2023, the FTC released a sweeping...
Mallinckrodt Ruling Holds Creditor Lessons for IP Sellers
In late December, the U.S. District Court for the District of Delaware issued an opinion in In re: Mallinckrodt PLC affirming the Mallinckrodt[1] bankruptcy court's November 2021 decision that the debtor could discharge certain post-petition, post-confirmation royalty obligations for the...