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Inflation Reduction Act
Caging the Crypto Beast
On this episode of Bracewell Sidebar, we continue their conversation with Anne Termine about cryptocurrency, including how different regulators are trying to create order in the hard to regulate cryptocurrency markets. Anne joined the firm in June 2021, with over...
Dispute Resolution in the Oil and Gas Sector: Q&A
Bracewell’s John Gilbert offers a Q&A guide to dispute resolution in the oil and gas industry. This Q&A gives a high-level overview of the typical types of claims in the sector, who the parties to a dispute tend to be...
The SEC Joins DOJ's War on Corporate Offenders
Last week we wrote about the three-pronged attack that the Department of Justice (DOJ) will use to get more aggressive in prosecuting cases and how they punish corporate offenders. Now, the U.S. Securities and Exchange Commission (SEC) has announced its...
Reeves County District Court Rules in Favor of Oil & Gas Operator in Produced Water Dispute
On November 2, 2021, the Reeves County, Texas, District Court held in COG Operating LLC (“COG”) vs. Cactus Water Services, LLC et al. (“Cactus”) that COG, the oil & gas operator, (1) owns, among other things, the products contained in...
Cryptocurrency for Beginners
On this episode of Bracewell Sidebar, Anne Termine, a former chief attorney at the US Commodity Futures Trading Commission, joins us to talk about cryptocurrency. In the first part of this two-part episode, Anne provides insight on understanding how cryptocurrencies...
DOJ's Torpedoes Are in the Water: Be Your Own Monitor, or One Will Be Appointed for You
Last week, at a gathering of the nation’s top white collar criminal defense attorneys in Miami, Florida, Deputy Attorney General Lisa Monaco announced material changes to the way the Department of Justice will investigate, prosecute and resolve corporate cases in...
Federal Circuit Boots Potential Circuit Split as Trademark Case Turns Ugg-ly for Australian Boot-Maker
It’s hard to deny the comfort of the plush, fur-lined boots and slippers sold under the UGG® brand. But not many are aware that the word “ugg” originated in Australia as a generic term for sheepskin boots. The term, which...
DOJ Trumpets New Multi-Faceted Cryptocurrency Task Force: What this Means for You
In keeping with the United States government’s expanding scrutiny of cryptocurrency markets, the DOJ recently announced the creation of a National Cryptocurrency Enforcement Team (the “NCET”). The NCET endeavors to add a layer of structure and coordination to the DOJ’s...
Diving Into Ransomware
In this episode of Bracewell Sidebar, we are joined by Seth DuCharme for a dive into unique risks and challenges presented by ransomware attacks. Seth is a partner in Bracewell’s government investigations and enforcement group in New York. Seth was...
OFAC Ransomware Update
On Friday, OFAC published a compliance guide aimed at the virtual currency industry, which promotes sanctions compliance amid the rise of ransomware attacks. Similar to OFAC’s recent advisory, this compliance guide is yet another initiative relating to the U.S. Treasury...
DOJ to Federal Contractors: Report Cyberattacks or Face the False Claims Act
The Department of Justice announced a new Civil Cyber-Fraud Initiative on October 6 – the latest move in a series of federal efforts to address the recent uptick in major cyberattacks. DOJ’s Initiative aims to hold contractors and recipients to...
The New Rules (Part 2): Restrictions on the Duty to Defend for Architects and Engineers
In part two of our series on Texas’ recently passed construction law legislation, we focus on risk shifting provisions relating to construction engineering and/or architectural services. The new risk shifting provisions in HB 2116, now codified in the amended Chapter...
Wearing Many Hats
In this episode of Bracewell Sidebar, Shamoil Shipchandler joins us to look at government investigations from a prosecutor’s point of view. Shamoil is a former senior officer at the US Securities and Exchange Commission and the US Attorney’s Office for...
The New Rules: Liability Limitations for Construction Design Defects in Texas
Through Senate Bill 219, now codified in Chapter 59 of the Texas Business & Commerce Code, the Texas legislature has reallocated the risks for construction design defect liability in Texas by joining a majority of jurisdictions following the United States...
Ransomware Victims Told to Think Twice Before Paying Hackers
On Tuesday, the U.S. Department of Treasury’s Office of Foreign Asset Control (“OFAC”) issued an updated advisory warning all ransomware victims that if they succumb to ransomware demands and pay foreign actors who are subject to U.S. sanctions, the victims...