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Generic ESG Statements Remain Under Fire: Class Certification Granted for the Third Time as the Saga of the Goldman Sachs Securities Litigation Continues
Back in June, we analyzed the Supreme Court’s decision in Goldman Sachs Group v. Arkansas Teacher Retirement System , which examined the extent to which a corporation’s arguably generic public statements could form the basis of a securities fraud action...
Buyers and Sellers Should Plan for Close Scrutiny of North Sea Oil and Gas Deals
Over recent years, there has been an increase in M&A activity in the UK’s upstream oil and gas sector. The UK’s offshore industry has attracted this investment for reasons including the recent oil price recovery, a relatively lower risk profile...
Biggest Stories of 2021
On this episode of The Bracewell Sidebar, we look back at some of the significant regulatory and enforcement developments in 2021, including at the Department of Justice (DOJ) and Securities and Exchange Commission (SEC). We had a new administration and...
Bankruptcy and Environmental Law: Overview and Latest Trends
Bracewell Partners, Mark Dendinger (Bankruptcy) and Jason Hutt (Environment, Lands and Resources) will address the intersection of bankruptcy and environmental law – two legal regimes that take very different approaches to liabilities. Mark and Jason will then address key environmental...
UAE Law Regarding the Protection of Personal Data
The United Arab Emirates joins Saudi Arabia by passing Federal Decree-Law No (45) of 2021 Regarding the Protection of Personal Data (“PPD Law”) to bring comprehensive data protection legislation to another country in the MENA region. Notably the PPD broadly...
LTL Management Texas Two Steps into New Jersey Bankruptcy Court
Judge Craig Whitley’s recent transfer of the LTL Management case will bring a high-profile "Texas Two-Step" chapter 11 bankruptcy to New Jersey, and it may open a new chapter in how courts approach the novel transaction designed to isolate and...
Government Enforcement and Investigations Year-In-Review: The Administration Has Moved Its Pieces into Place
On Monday, President Biden released the United States Strategy on Countering Corruption , which details how the United States will work “domestically and internationally, with governmental and non-governmental partners, to prevent, limit, and respond to corruption and related crimes.” It...
Virginia Is For [Data Privacy] Lovers: Introduction to Virginia's New Consumer Protection Law
On January 1, 2023, the Virginia Consumer Data Protection Act (VCDPA) will go into effect. With passage of the law earlier this year, Virginia joined Colorado and California as the only states to enact comprehensive privacy legislation. The VCDPA includes...
SEC Continues Its Focus on Executive Compensation
In its latest move to press for stronger regulation of executive compensation, on November 29, 2021, the U.S. Securities and Exchange Commission announced staff accounting guidance on share-based executive compensation awards while the company is in possession of “positive” material...
Unraveling Export Controls and Trade Sanctions: What Businesses Need to Know
On this episode of Bracewell Sidebar, we are joined by Matt Bell to discuss US export controls and sanctions. Matt is a senior managing director and the global lead of FTI Consulting's export controls, sanctions and trade practice. Prior to...
Under the Sea: Congress Amends OCSLA to Provide for Offshore CCS
Offshore carbon sequestration on the Outer Continental Shelf (“OCS”) could be just over the horizon. The Infrastructure Investment and Jobs Act (the “Infrastructure Act”), signed into law by President Biden on November 15, 2021, amends the Outer Continental Shelf Lands...
Colorado Privacy Act: New protections for consumers in the Centennial State
On July 1, 2023, the Colorado Privacy Act (CPA) will go into effect as the third state law generally governing consumer data privacy and was the second enacted in 2021. If you do business with consumers in Colorado, regardless of...
Given Deadlines Set by Sixth Circuit, ETS Likely Stayed Until at Least December 10, 2021
Earlier this month, the Occupational Safety and Health Administration (“OSHA”) issued its “COVID-19 Vaccination and Testing; Emergency Temporary Standard” (the “ETS”) requiring employers of 100 or more employees to implement policies requiring employee vaccination or enhanced safety measures for unvaccinated...
Infrastructure Investment and Jobs Act: Selected Changes Impacting Public-Private Partnerships
On November 15, President Biden signed into law the $1 trillion Infrastructure Investment and Jobs Act (the “IIJA” or the “Act”) which cleared the House of Representatives in early November after months of delay. The new law (also known as...
What In-House Counsel Need to Know About Managing Environmental, Social and Governance Issues
Rachel Goldman and David Shargel presented “ESG Fundamentals for In-House Counsel – What In-House Counsel Need to Know About Managing Environmental, Social and Governance Issues” virtually to members of In-House Connect. In-House Connect is an in-house counsel network that brings...