Inflation Reduction Act
Offshore Wind Litigation: Court Denies Challenge to Major Offshore Wind Project
The federal government has successfully defended its approvals of the Vineyard Wind project offshore Massachusetts (Project), setting the stage for further decisions as other challenges proceed. Vineyard Wind is the first modern utility-scale offshore wind project to reach the construction...
Warhol Decision May Lead to Copyright Licensing Spike
Artists beware—it’s not how hard you work but how differently you use the art that really matters. In the majority decision that governs, and as such, artists and copyright owners must now keep in the forefront of their minds the potential future uses of a work when evaluating whether the new creation is fair use or unlawfully derivative.
Supreme Court Rules Andy Warhol’s Famous “Orange Prince” May Be Copyright Infringement
Today, in an opinion that purports to be narrow but will have sweeping implications, the Supreme Court ruled that Andy Warhol’s well-known “ Orange Prince ” illustration is not a transformative fair use of Lynn Goldsmith’s photograph of Prince. [1]...
FINRA Facts and Trends: May 2023
Welcome to the latest issue of Bracewell’s FINRA Facts and Trends, a monthly newsletter devoted to condensing and digesting recent FINRA developments in the areas of enforcement, regulation and dispute resolution. This month, we report on FINRA’s appearance at SIFMA...
SEC Adopts New Repurchase Disclosure Rules
The US Securities and Exchange Commission has adopted a package of amendments, originally proposed in late 2021, to the disclosure requirements for corporate issuers’ share repurchases. The SEC stated that the new rules are designed to provide investors with more...
EPA’s Proposal to Grant Class VI Primacy to Louisiana – Availability of Application Documents
On May 4, 2023, the US Environmental Protection Agency (EPA) published its proposal to approve revision of Louisiana’s Safe Drinking Water Act (SDWA) Underground Injection Control (UIC) program to add Class VI injection well primary enforcement responsibility (primacy) for Class...
Eight Key Amendments of the 2022 ICSID Arbitration Rules
The fourth amendments to the ICSID Arbitration Rules are the most extensive since their inception. [1] Unless an underlying treaty or agreement provides otherwise, the revised 2022 Arbitration Rules of the International Center for the Settlement of Investment Disputes (ICSID)...
SLGS Window Closing May 2, 2023
The US Department of the Treasury announced the suspension of sales of US Treasury Obligations – State and Local Government Series (i.e., SLGS), effective 10:00 a.m. ET, May 2, 2023. New subscriptions for SLGS received after such time will not...
With Merit: What’s New in ICSID Rules and Regulations
What are the most significant changes in the International Centre for Settlement of Investment Dispute's (ICSID) arbitration rules? Jadranka Jakovcic provides an overview in this With Merit video.
Unlikely Allies: Oil and Gas Companies Embrace Renewables and Battery Storage to Meet Global Climate Commitments
Renewable energy has taken center stage in the national energy discussion. Technology and innovation are continuing to progress in the energy sector, and traditional oil and gas companies are embracing clean energy alternatives to assist in powering O&G operations. The...
Behind the Scenes of US Banking: Regulators, Challenges and the Future, Part II
In the second of a two-part episode of The Bracewell Sidebar, host Matthew Nielsen is joined by guests Will Anderson and Bob Clarke to discuss recent bank failures, including SVB Financial Group and Signature Bank.
Use It or Lose It: US Supreme Court Unanimously Holds in MOAC Mall Holdings LLC That 363(m) Protections Can Be Waived
The U.S. Supreme Court recently issued its latest bankruptcy opinion in MOAC Mall Holdings LLC v. Transform Holdco LLC , holding that the Bankruptcy Code’s rule against invalidating 363 sales after appeal is not an iron-clad jurisdictional bar, but rather...
Treasury Department and IRS Update Energy Community Bonus Guidance
On April 10, 2023, the Treasury Department and the Internal Revenue Service (IRS), without a formal announcement, released a revised version of Notice 2023-29 (the Revised Notice) on the IRS website. The Treasury Department and the IRS released the initial...
CAISO Proposes $9.2 Billion Transmission Plan, But Offshore Wind Transmission Projects Delayed
The California Independent System Operator’s (“CAISO”) draft 2022-2023 Transmission Plan (“Plan”) endorses $9.2 billion in transmission projects to accommodate the state’s projected 40 GW of new resources expected in the next ten years. Given California’s clean energy and decarbonization policies...
Behind the Scenes of US Banking: Regulators, Challenges and the Future, Part I
In the first of a two-part episode of The Bracewell Sidebar, host Matthew Nielsen is joined by guests Will Anderson and Bob Clarke to discuss recent bank failures, including SVB Financial Group and Signature Bank. They look at the role...