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Inflation Reduction Act
Compliance Isn’t the Only ‘AI Washing’ Risk
Bracewell’s David Shargel shared with Legal Dive why AI washing considerations, as well as the numerous other risks associated with AI, must become part of the compliance “playbook” for any company using artificial intelligence.
Protecting Energy Investments in Europe: UK Announces Withdrawal From the Energy Charter Treaty
On 22 February, the UK announced its intention to withdraw from the Energy Charter Treaty. According to Energy Security and Net Zero Minister Graham Stuart, the decision will support the UK’s transition to net zero and strengthen its energy security...
Innodata Suit Highlights ‘AI Washing’ Liability Risk for Cos.
A class action against software company Innodata over so-called AI washing, underscores the litigation and enforcement risks that can arise from the SEC’s novel theory about misleading artificial intelligence capabilities, writes Bracewell’s David Shargel, Rachel Goldman and Patrick Morley.
Compliance Risk After SEC Warning Against ‘AI Washing’
Bracewell’s David Shargel, Rachel Goldman and Patrick Morley write about the enforcement priority coming in 2024 as a result of a breakout year for generative artificial intelligence, with businesses of every kind racing to adopt AI tools. Companies and their compliance programs must take steps now to avoid costly regulatory sanctions and shareholder lawsuits.
What is AI Washing? The SEC’s Latest Target
Is AI the new green? Recent comments by Securities and Exchange Commission Chair Gary Gensler suggest the regulator is primed to begin turning its enforcement efforts against so-called “AI washing,” presenting a new area of risk for some companies that...
Offshore Petroleum Licensing Bill: Energy Security at the Forefront of the Government’s Legislative Agenda
On 7 November 2023, the Offshore Petroleum Licensing Bill (the Bill ) was announced as part of King Charles III’s “King’s Speech”, outlining the UK Government’s legislative agenda for the upcoming UK parliamentary session. If enacted, the Bill would require...
Generic ESG Statements and Securities Class Actions: Goldman Sachs Secures Second Circuit Victory in Long-Running Class Certification Battle
A three-judge panel for the US Court of Appeals for the Second Circuit reversed a district court’s class certification in the decade-long Arkansas Teacher Retirement System v. Goldman Sachs Group litigation regarding allegedly false public disclosures made by Goldman regarding...
2023 AIEN Model Form JOA Placing ESG Issues at Heart of Oil & Gas Operations
On 16 February 2023, the Association of International Energy Negotiators (“ AIEN ”, formerly the Association of International Petroleum Negotiators or AIPN) published an updated version of its model form joint operating agreement (the “ JOA ”). The AIEN JOA...
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...
PRG Pulse 2022 Post-Election Analysis
CONTENTS The Big Picture Congressional Overview White House Response Congressional Oversight The Key Issues Clean Energy & IRA Implementation Hydrogen Offshore Wind and Solar Carbon Capture & Storage Critical Minerals Oil & Gas Permitting Reform and Energy Infrastructure Energy...
General Overview of the Inflation Reduction Act of 2022
On Tuesday, August 16, President Biden signed the Inflation Reduction Act of 2022 (the Act ) into law, which includes material changes to various sections of the Internal Revenue Code of 1986, as amended (the Code ). The following is...
The Major Questions Doctrine and Agency Rulemaking
In West Virginia v. EPA , the US Supreme Court struck down an Obama-era regulation known as the Clean Power Plan, which sought to mandate the construction of wind and solar plants by limiting the amount of electricity that could...
Senate Considers FERC's Role in Hydrogen Pipeline Development
Last week, the Senate Committee on Energy & Natural Resources (SENR) held a hearing on “ Federal Regulatory Authorities Governing the Development of Interstate Hydrogen Pipelines, Storage, Import, and Export .” Chaired by Senator Joe Manchin (D-WV), the Committee considered...
Key ESG Takeaways From Bracewell Fireside Chat With CFTC and SEC Commissioners
On June 2, 2022, in Bracewell’s Washington D.C. office, Bracewell and Women in Derivatives (WIND) hosted two commissioners from the nation’s top market regulators, the Commodity Futures Trading Commission (CFTC) and the Securities and Exchange Commission (SEC), for a wide-ranging...
Corporate Governance Considerations Under the SEC’s Proposed Climate Disclosure Rules
The U.S. Securities and Exchange Commission’s recently proposed rules governing climate-related disclosures, if adopted as proposed, would represent a sea change to the existing public-company disclosure regime. While much attention has been paid to the greenhouse gas emissions and other...