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SEC Notches Win in Cryptocurrency Registration Battle
Scoring a victory for the Securities and Exchange Commission in its efforts to qualify digital tokens as securities, a New Hampshire federal court ruled this week that tokens sold by LBRY Inc., known as LBC, are securities and subject to...
"Fatal Means Fatal": 5th Circuit's Broad Read of 363(m) Continues to Moot Section 363 Appeals after the Sale
Recent rulings out of the United States Court of Appeals for the Fifth Circuit and its lower bankruptcy courts have emphasized the circuit’s broad interpretation of section 363(m) of the Bankruptcy Code, which protects bankruptcy sales from being overturned on...
Parting Advice: Judge Drain Rules That Dividends Paid From the Proceeds of Safe-Harbored Transactions Are Not Safe-Harbored in In re Tops Holding II Corp.
In his final opinion, Judge Robert D. Drain of the United States Bankruptcy Court for the Southern District of New York held that dividends paid from proceeds of safe-harbored transactions under section 546(e) of the Bankruptcy Code are not safe-harbored...
Sackett II Me: Breaking Down the Arguments in Sackett v. EPA
In this episode of the Environmental Law Monitor, Bracewell partners Ann Navaro and Sara Burgin join host Daniel Pope for a closer look at the US Supreme Court’s hearing of oral argument in Sackett v. EPA , the outcome of...
TSA’s New Cyber Directive for Freight & Passenger Railroad Carriers are the Agency’s Latest Move to Keep the Nation on Track
In its continued efforts to enhance the cybersecurity of transportation and other critical infrastructure systems across the country, the Transportation Security Administration (TSA) issued on October 19, 2022 a new security directive for passenger and freight railroad carriers. The Enhancing...
FINRA Facts and Trends: October 2022
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 first Regulation BI...
Bankruptcy and Environmental Law
In this episode of the Environmental Law Monitor, host Daniel Pope is joined by Washington, DC partner Jason Hutt and their new colleague Steven Cook , who was most recently with EPA’s Office of Land and Emergency Management. They discuss...
Federal Contractor COVID-19 Vaccination Requirements: Are Changes Coming?
Just over a year ago, President Biden issued an Executive Order requiring federal agencies to amend all contracts to mandate compliance with Safer Federal Workforce Task Force (the “Task Force”) guidance. The Task Force then issued guidance (the “November 2021...
“Fair Value” and “Fair Value to the Obligor”
The mortgage bond indenture (herein called a “Mortgage”) under which many electric and gas utility companies in the United States issue debt securities (herein generically called “bonds”) may be one of the most unloved instruments in all corporate finance. Many...
Part 2 – Classified Information in Federal Criminal Litigation and the Need to Know With Sid Kamaraju
On the second episode in this two-part series, Bracewell Sidebar hosts Matthew Nielsen and Seth DuCharme are joined by Sid Kamaraju, a former national security prosecutor in the Southern District of New York, to discuss the process by which classified...
Dealing With Opposing Counsel the Ted Lasso Way
Most Friday nights, my wife Jennifer and I order takeout from the Tex-Mex restaurant down the street, settle onto the couch in the den, and see what’s good on Netflix or Apple TV. One such Friday night not too long...
FINRA Facts and Trends: September 2022
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 new Complex Investigations...
Here We Go Again: EPA's Proposed Changes to the RMP Program
On August 31, 2022, EPA published a proposed rule that would make a number of key changes to the federal Risk Management Plan (RMP) program. The proposed changes would impact the scope of the Process Hazard Analysis (PHA), third-party compliance...
Monitor/Sidebar Crossover Part 2: I Am the One Who Knocks
In the second of a two-part series on government investigations and inspections, Bracewell partners Kevin Collins and Seth DuCharme join Environmental Law Monitor host Daniel Pope for a discussion of what to do when the government is actually knocking on...
Part 1-Classified Information in Federal Criminal Litigation and the Need to Know With Sid Kamaraju
On this episode of The Bracewell Sidebar, hosts Matthew Nielsen and Seth DuCharme are joined by Sid Kamaraju to discuss litigating classified information and some of the nuances of the classification process. Prior to joining private practice, Sid was a...