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Inflation Reduction Act
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...
LNG: Regions on the Rise
Europe (both Continental Europe and the UK) is generally characterised as a single large LNG import market, and one in which European importing countries collectively compete with the world’s top importing region of Asia. Whilst Europe’s importing nations do share...
A Balancing Act: Merchant Risk and the Energy Transition
One Cold Day in January Whilst most people will think of 2021 as being dominated by Covid and yet another year of the pandemic and lock-down restrictions, anybody interested in the energy markets will likely mark 2021 down as a...
Nigeria’s upstream petroleum sector - looking back at 2021 and looking ahead in 2022
Two decades of collective breath holding was finally released with the enactment of the Petroleum Industry Act (PIA), making 2021 a notable year for Nigerian oil and gas. We give our snapshot of the year’s main events in Nigeria’s upstream...
Trial Recap - US v. Elizabeth Holmes
On this episode of The Bracewell Sidebar, we discuss the Elizabeth Holmes/Theranos trial and the significance of the mixed verdict. To break it down, 11 counts ultimately went to the jury. Holmes was convicted on some and acquitted on some...
HSR Notification Thresholds Increase for 2022
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 February 23, 2022. The revised thresholds will apply to any merger or acquisition closing on or...