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Fifth Circuit's Constitutional Carve-Back of the SEC's ALJ Enforcement Proceedings Likely to Lead to More Federal Court Cases
On May 18, 2022, the United States Court of Appeals for the Fifth Circuit (the “Fifth Circuit”) dealt a major blow to the U.S. Securities and Exchange Commission’s (“SEC”) enforcement program. In Jarkesy v. SEC , the Fifth Circuit ruled...
The Shadow Path
On this episode of The Bracewell Sidebar, hosts Matthew Nielsen and Seth DuCharme discuss the role of the outside auditor as part of investigations with guest Jeff Ferguson. Jeff is a partner in Ernst & Young’s forensic and integrity services...
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...
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...
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...
FCPA Alert: Lessons Learned From Last Week's Trial Conviction of Roger Ng Relating to the 1MDB Malaysian Bond Deals
On Friday, after a two-month trial and just over three days of deliberation, a jury in the Eastern District of New York returned its verdict in the case against Roger Ng, finding the international banker guilty on all counts. Bracewell...
Navigating Domestic and Cross-Border Data Privacy Risks, With Lucy Tyson and Brittney Justice
On this episode of Bracewell Sidebar, Lucy Porter and Brittney Justice join hosts Seth DuCharme and Matthew Nielsen to talk about data privacy. Lucy advises clients in a variety of matters related to the structuring and negotiating of services agreements...
Sanctions and Export Controls
Seth DuCharme and Matthew Nielsen talk with Robert Dugan, assistant special agent in charge at the US Department of Commerce, Office of Export Enforcement, Miami Field Office, about the significance of the new Russian sanctions to American industry and financial...
Challenging Policy on Climate Change Grounds
Divisional Court split on challenge against UK Export Finance’s decision to provide finance to the Mozambique LNG Project In R (on the application of Friends of the Earth Limited) (the “ Claimant ”) v The Secretary of State for International...
Know Your Client, Know Your Customer, Know Your Counterparty Practice
On this episode of The Bracewell Sidebar, Matthew Nielsen talks with our new podcast co-host, Seth DuCharme , about developments in white-collar enforcement, including the recent sanctions against Russia and the aggressive enforcement positions being taken by various agencies. Let...
The US Government Has a New Stopwatch for Cyber Incident Reporting: What You Need to Know Now
Amid the escalating conflict in Ukraine and concerns of Russian cyber threats to the United States, President Joe Biden recently signed a $1.5 trillion government spending deal with serious cybersecurity reporting obligations for critical infrastructure operators intended to shore up...
KYC in a Digital World, How New Sanctions and AML Expectations Have Upped the Stakes and What You Need to Do About it
“Know your customer” is a bed rock principle of anti-money laundering and sanctions compliance programs, but it’s not always easy, particularly as more sophisticated and aggressive players have taken the field in recent months. For example, in response to Russia’s...
Quick Hit: Russian Sanctions and Cybersecurity
On this episode of The Bracewell Sidebar, we look beyond Russia’s invasion of Ukraine at the business and legal implications of the Russian sanctions, as well as at cybersecurity issues. What do companies, organizations and individuals need to know about...
Amid a Minefield of Sanctions and Export Controls, Here's How to Provide Aid to Ukraine
Over the past week, the Biden Administration has announced unprecedented sanctions and export controls against Russia in response to its unprovoked invasion of Ukraine. As the State Department pledges an additional $350 million in military and humanitarian support for Ukraine...
Morgan v Sundance: How Taco Bell Could Impact Waiving Arbitration
Companies in the process of determining their dispute resolution policies should keep a close eye on an upcoming U.S. Supreme Court case. On March 21, 2022, the Court is set to hear arguments in Morgan v. Sundance , which takes...