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ESG, What Can This Be? A Conversation With Bracewell’s Rachel Goldman
On this episode of The Bracewell Sidebar, we discuss all things ESG with Rachel Goldman , co-chair of Bracewell’s ESG practice . They discuss what ESG entails, its popularization and much more. Rachel is an accomplished litigator with more than...
When the Government Comes Knocking – A Conversation With Jeff Vaden
On this episode of The Bracewell Sidebar, we talk with their partner Jeff Vaden about the world of white-collar criminal defense. They look at the different components of an open criminal investigation, how to handle it and, more importantly, how...
Welcome to the Bracewell Sidebar
Welcome to The Bracewell Sidebar! In this episode, Josh Zive , a senior principal in Bracewell’s Policy Resolution Group and the founder of The Lobby Shop podcast , talks with Phil and Matthew about the podcast’s origins and some of...
Biden Administration Prioritizes Increased and Broadened Anti-Corruption Enforcement
On June 3, 2021, the White House issued a memorandum announcing anti-corruption as a core national security interest. The memorandum explains that, “[c]orruption threatens United States national security, economic equity, global anti-poverty and development efforts, and democracy itself.” It directs...
Reverse Veil-Piercing Endorsed by Delaware Chancery Court
A recent decision in the Delaware Chancery Court broadens the risk of inter-corporate liability by endorsing the theory of “reverse” veil-piercing, where a plaintiff can reach down to the assets of a parent company’s subsidiaries. 1 Although many plaintiffs in...
Avoid a Fall Out With the Feds: Planning for Increased Cyber Regulations
The cyber landscape is changing once again, in terms of impact, policy and potential exposure. In the wake of the Colonial Pipeline hack , the Biden administration released a long-awaited Executive Order intended to strengthen US cybersecurity infrastructure. The order...
Crisis Management for Utilities: Lessons Learned from the Pandemic
Article originally published in the May 3, 2021 issue of Power Magazine The COVID-19 pandemic has created unprecedented challenges for business. Utilities have had to quickly overcome the challenges associated with this crisis, without letting critical services such as heat...
What Will the SEC's ESG Enforcement Look Like? Cyber Cases Offer Clues
As the SEC has become more vocal in its expectations for environmental, social, and government (ESG) disclosure, serious questions remain about how ESG matters will be investigated and what enforcement measures might look like . Indicators suggest that the SEC...
Delaware Supreme Court Applies Delaware Law Even When Insured Is Headquartered Elsewhere
In a unanimous decision, the Delaware Supreme Court recently held that Delaware law applies to a D&O policy issued to a Delaware corporation, ruling that the place of incorporation outweighed other factors such as where the company is headquartered, where...
The Battle of the Bills Begins: Proposed Federal Data Privacy Legislation Aims to End Patchwork Problem But Increases Enforcement
After years of advocacy from both sides of the aisle and growing concerns about challenges created by state-based solutions, 2021 is poised to be a bellwether year for Congressional debate over federal data privacy regulation. On March 10th, Representative Suzan...
DOL Signals Plan to Embrace ESG Investing
On Wednesday, March 10, 2021, the Department of Labor announced that, pending further guidance, it will not enforce two recent regulations that many viewed as deterring retirement fund managers from socially conscious investing. 1 Wednesday’s statement likely foreshadows guidance or...
New SEC Task Force Confirms Commitment to ESG Focus
A series of recent announcements by the SEC underscores the agency’s commitment—and allocation of resources—to its heightened focus on environmental, social and governance (“ESG”) issues. Significantly, on March 4, 2021, the SEC announced the creation of a Climate and ESG...
Florida Water System Hack Highlights Challenges for Public Utility Cybersecurity
Earlier this month, fears usually confined to dystopian novels and Hollywood movies were realized in Oldsmar, Florida when an unknown hacker breached the city’s water treatment system by successfully accessing its control systems and increasing sodium hydroxide to deadly levels...
COVID, Climate Change and ESG – The Future of Disclosures, SEC Enforcement, and Securities Litigation
There can be no doubt 2021 is already shaping up to be a watershed year, including on the SEC enforcement and securities litigation fronts. Pressure from all directions has been coalescing to drive change in the way companies report information...
Does Work-From-Home Work for Your Company's Cyber Insurance?
The start of a new year is always a good reminder to take some time to review key areas and assess whether changes are in order. There are many examples of this both personally and professionally, but a company’s insurance...