Skip to main content
Insights
Inflation Reduction Act
Equivalent Project Relief in the Gulf
It’s been 3 weeks since I relocated from Bracewell’s London office to Dubai and I’ve been wearing down my shoe leather in the DIFC and beyond meeting old acquaintances and new contacts. Most of the time, discussions invariably focus on...
IGSP – the new kid on the block, writes Bracewell
MENA’s lightening speed renewables revolution must lead to generation-storage hybrid evolution The regional pipeline of renewable deals is getting bolder and achieving unprecedented scales: in 2019 alone Abu Dhabi is planning to roll outs its 2GW of PV solar IPP...
SEC Adopts Amendments to Modernize and Simplify Disclosure Requirements
The Securities and Exchange Commission has adopted final rules amending Regulation S-K and certain other rules and forms to modernize and simplify disclosure requirements. Among other matters, the amendments reduce and clarify the disclosures required in management’s discussion and analysis...
Federal and State Infrastructure Projects in Mexico
Members of Bracewell’s Project Finance team recently visited financial institutions, consulting firms and law firms in Mexico City to gain a better understanding of the current trends related to infrastructure development and project finance in Mexico. Below is a summary...
The Importance of Creating A Record for Judicial Review of Agency Action
For at least the past 35 years, federal courts have generally allowed an administrative agency’s interpretation of a regulation or statute that it administers to prevail when challenged by a member of the regulated community or any other interested party...
FERC Revises Interlocking Directorate Reporting Requirements
A February 21, 2019 Federal Energy Regulatory Commission (“FERC”) order updated certain FERC interlocking directorate requirements (“Order”). [1] More detailed background information on FERC’s interlocking directorate requirements is provided below, but in short, these requirements apply to the officers and...
Our Take on Auer – Agency Deference under Scrutiny
Two weeks remain before the Supreme Court hears oral arguments in Kisor v. Wilkie , a likely landmark case for energy and infrastructure companies. When the Supreme Court granted certiorari in December 2018, it took the case specifically to decide...
Somebody's Watching EU: Washington State Senate Passes Privacy Legislation Similar to European Union's Data Privacy Regulations
Washington could be the next U.S. state to enact consumer privacy legislation similar to the EU's General Data Protection Regulation (GDPR). On Wednesday, the Washington state senate overwhelmingly approved the Washington Privacy Act , SB 5376 (the "WPA") which takes...
DOJ Reveals Foreign Agent Cases Are Fara from Over
On March 6, Assistant Attorney General for National Security John C. Demers announced that the Department of Justice (“DOJ”) has designated a new deputy chief to lead the Foreign Agents Registration Act (“FARA”) unit and that DOJ will start treating...
D.C. Circuit Upholds Vertical Merger of AT&T and Time Warner
On February 26, 2019, the U.S. Court of Appeals for the D.C. Circuit unanimously affirmed a district court decision rejecting the U.S. Department of Justice’s challenge to AT&T’s $85 billion merger with Time Warner, cementing one of the biggest merger...
Fifth Circuit Upholds Independent Contractor Status for Highly Skilled Energy Industry Consultants
In Parrish v Premier Directional Drilling , the Fifth Circuit recently rejected a group of directional driller consultants’ claims for overtime under the Fair Labor Standards Act (“FLSA”) finding that the directional driller consultants were properly classified as independent contractors...
D.C. Circuit Overturns USACE Permit for Transmission Line
On March 1, 2019, the D.C. Circuit issued its opinion in National Parks Conservation Association v. Semonite, No. 18-5179, finding that the U.S. Army Corps of Engineers (USACE) violated the National Environmental Policy Act (NEPA) and misinterpreted the National Historic...
New HSR Notification Thresholds for 2019
The Federal Trade Commission ("FTC") has announced the annual revisions to the Hart-Scott-Rodino Antitrust Improvements Act ("HSR Act") thresholds, which will become effective on April 3, 2019. The revised thresholds will apply to any transaction closing on or after the...
Easing the Prohibitions Against Gun-Jumping
Takeaways Proposed Rule 163B would permit oral or written communications by all issuers with prospective investors that are QIBs or IAIs, prior to or after the filing of a registration statement to gauge interest in a contemplated offering. Communications made...
Opportunity to Improve PHMSA Guidance
Earlier this month, the U.S. Department of Transportation (DOT) issued a notice seeking input from the public on existing guidance documents within DOT and its modal operating administrations, including PHMSA . In particular, DOT seeks input on guidance documents that...