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Recent Changes to EPA Coal Ash Regulations - Regulatory and Insurance Coverage Implications
Haynes and Boone, LLP, January 2019

A new rule promulgated by the U.S. Environmental Protection Agency (“EPA”) governing the disposal of coal combustion residuals, also known as CCR or coal ash, raises the risk for civil claims and the need for insurance to cover them.1  The rule, which takes effect Aug. 29, 2018, revises regulations issued in 2015 and has the stated intent of providing utilities and states “more flexibility in how CCR is managed...

GAR’s “Guide to Energy Arbitrations”: Offshore Vessel Construction Disputes
Haynes and Boone, LLP, January 2019

Haynes and Boone CDG is proud to continue to feature a chapter in Global Arbitration Review’s (GAR)Guide to Energy Arbitrations, the Third Edition of which has just been published. TheGuide to Energy Arbitrationsis a widely regarded reference tool for energy companies, their advisers and arbitrators...

The Advocate: Risks to the Energy Sector Posted by Climate Change Litigation
Haynes and Boone, LLP, January 2019

Fossil fuels are under attack in the legislative, regulatory, and judicial arenas, and in the market place—driven by environmental concerns, especially global warming and associated climate change. The Sierra Club, for example, has launched a “Beyond Dirty Fuels Initiative,” seeking to “push back against the construction of dirty fossil fuel infrastructure that would lock America into decades more of climate-polluting oil and gas production...

It's Still Gray: The 2018 Farm Bill and the Legality of CBD Under Federal Law
Haynes and Boone, LLP, January 2019

President Trump recently signed the Agriculture Improvement Act of 2018 (also known as the 2018 Farm Bill) and the cannabis industry quickly and widely celebrated passage as clearing the way to sell products containing cannabidiol (better known as CBD). But is it really? As one might expect, this lawyer’s answer is that “it depends.”CBD has become known for its purported health benefits in relation to a wide range of conditions...

Health Law Vitals - A Healthcare Newsletter from Haynes and Boone, December 2018
Haynes and Boone, LLP, December 2018

Should States Embrace Telehealth Parity? Parity in telehealth is the notion that health services provided via telehealth technology should be treated equally as health services provided face-to-face. This is consistent with coverage parity, which requires payors to provide the same level of insurance coverage for patient encounters and services, while payment parity (a.k.a...

ISS and Glass Lewis 2019 Policy Updates
Haynes and Boone, LLP, December 2018

Institutional Shareholder Services, Inc. (“ISS”) and Glass, Lewis & Co. (“Glass Lewis”) recently released their 2019 proxy voting policy updates. ISS and Glass Lewis are two of the leading proxy advisory services worldwide, and each evaluates and updates their proxy voting policies annually. The key ISS and Glass Lewis updates for the 2019 proxy season are summarized below. ISS ISS published its 2019 Proxy Voting Guidelines Updates on November 19, 2018...

Top 10 Insurance Tips for Year End Transactions
Haynes and Boone, LLP, December 2018

The end is near. 2018 is fast coming to a close, and it is that time of year when corporate lawyers are counting—not the number of shopping days left until Christmas, but the number weeks, days and hours left before the end of the fiscal year. Admittedly, in the scramble to close deals, insurance requirements and indemnity provisions may not be at the top of the list of critical deal points for clients and counsel...

AIA On-Sale Bar, Otherwise Reinterpreted
Haynes and Boone, LLP, December 2018

The U.S. Supreme Court heard oral arguments on December 4, 2018, inHelsinn Healthcare SA v. Teva Pharmaceuticals USA Inc.as to whether the “on-sale” bar under the America Invents Act (“AIA”) renders an inventor’s private sale to a third party as prior art for purposes of determining patentability. 35 U.S.C...

Assessing the SEC's FY 2018 Enforcement Results
Haynes and Boone, LLP, November 2018

The SEC’s Division of Enforcement recently issued itsannual reportdetailing enforcement activities, statistics, and changes made in the past fiscal year (“FY 2018”). The report discusses several significant developments in the SEC enforcement landscape, including the creation of new task forces, first-of-their kind enforcement actions, and the impact of the Supreme Court’s decision inKokesh v. SEC, 137 S. Ct. 1635 (2017)...

Media, Entertainment, and First Amendment Newsletter, November 2018
Haynes and Boone, LLP, November 2018

View a PDF of the November 2018 Edition of the Haynes and Boone Media, Entertainment and First Amendment Newsletter. Must Websites Comply With the ADA? Website ADA compliance litigation is all the rage, manifesting itself as an epidemic of “website drive-by lawsuits.” Beyond the litigation controversy, the issue is whether websites must be accessible to the visually-impaired via screen reader software to comply with the ADA. Circuit Courts are split...

DOL Defines “Reasonable Relationship” Between Exempt Employees’ Guaranteed Salary and Actual Earnings
Haynes and Boone, LLP, November 2018

The Department of Labor issued an opinion letter that provides guidance to employers paying exempt employees an hourly wage or other extra compensation in addition to a guaranteed weekly salary.SeeU.S. Department of Labor, Wage and Hour Div., Opinion Letter (Fair Labor Standards Act), FLSA2018-25 (Nov. 8, 2018) (“Opinion Letter”)...

Department of Labor Rescinds 20 Percent Rule for Tipped Employees
Haynes and Boone, LLP, November 2018

In an about-face from prior guidance, the Department of Labor issued a revised opinion letter on Thursday rescinding the so-called “20 Percent Rule” and expanding employers’ ability to claim the tip credit.SeeU.S. Dept. of Labor, Wage & Hour Div., Opinion Letter (Fair Labor Standards Act), FLSA2018–27 (Nov. 8, 2018) (“Opinion Letter”)...

OSHA Quarterly Newsletter, November 2018
Haynes and Boone, LLP, November 2018

Download the November 2018 edition of the Haynes and Boone OSHA Newsletter PDF. OSHA States that Most Instances of Workplace Drug Testing are Permissible In a memorandum dated October 11, 2018, OSHA clarified its position on drug testing under 29 C.F.R. § 1904.35(b)(1)(iv)...

Treasury Department Releases Proposed Section 956 Regulations Relating to Foreign Subsidiary Credit Support Arrangements
Haynes and Boone, LLP, November 2018

On October 31, 2018, the Treasury Department released proposed regulations (“the Proposed Regulations”) providing guidance on the application of Section 956 of the Internal Revenue Code of 1986, as amended (the “Code”) following recent tax law changes under the Tax Cuts and Jobs Act (the “Act”)...

The IP Beacon, October 2018
Haynes and Boone, LLP, October 2018

View the PDF version of the October 2018 IP Beacon. Jason Bloom Co-Authors SCOTUS Amicus Brief for INTA in Key Copyright Case The International Trademark Association (INTA) tapped Haynes and Boone Partner Jason Bloom to co-write an amicus brief inFourth Estate Public Benefit Corporation v. Wall-Street.com, LLC, a pending U.S. Supreme Court case that will address a key issue regarding when copyright owners can sue for infringement...

The SEC Simplifies and Updates Disclosure Requirements
Haynes and Boone, LLP, October 2018

On November 5, 2018, the amendments recently adopted by the Securities and Exchange Commission (the “SEC”) to update and simplify certain disclosure requirements will become effective...

A Kiss and Handshake Promise to Pay Part of a Pre-Existing Debt Needs Careful Consideration
Haynes and Boone, LLP, October 2018

English High Court considers whether there was good consideration for an oral variation of a settlement agreement related to sale of valuable antique textiles. Sometime in the spring of 2014 two Iranian businessmen and antiquities dealers, London based Mr. Shavleyan and LA resident Mr. Simantob, kissed and shook hands on a deal about the payment of the balance of a debt due under a 2010 settlement agreement...

Cooperating with New York City’s New “Cooperative Dialogue” Requirement
Haynes and Boone, LLP, October 2018

With the spotlight on the new laws combating sexual harassment in New York, employers may have missed a significant new modification to New York City law mandating a “cooperative dialogue” in response to workplace requests for reasonable accommodations...

Energy Voice: Avoiding Cost Overruns in Decommissioning
Haynes and Boone, LLP, October 2018

The UKCS is the largest decommissioning market in the North Sea. There are around 475 fixed facilities, over 10,000 kilometres of pipeline and approximately 5,000 wells. These will all need to be decommissioned over the next 30 years, when they reach the end of their economic life, at an estimated cost of £59.7 billion...

Change in Tax Law Provides Window of Opportunity to Investors
Haynes and Boone, LLP, October 2018

Under newly enacted Section 1400Z of the Internal Revenue Code of 1986 (the “Code”), beginning on December 22, 2017, taxpayers may defer, and in some cases partially eliminate, capital gains by making certain investments in “qualified opportunity zones.” A qualified opportunity zone is a “population census tract” in a state designated low-income community...

Insuring Instability: Is There Coverage for the Cost of the Trade War?
Haynes and Boone, LLP, October 2018

A new round of U.S. tariffs on $200 billion in Chinese imports became effective on September 24, 2018.1The 10 percent tax on Chinese consumer products is only the latest escalation in an ever-widening trade war between the United States and its global trading partners. While it appears that, subject to Congressional approval, trade disputes between the U.S...

Force Majeure: Contractual Performance When the Dam Bursts
Haynes and Boone, LLP, October 2018

Classic Maritime Inc. v Limbungan SDN BHD & Anor [2018] EWHC 2389 (Comm) This case arose out of a dispute relating to the correct interpretation of an “exceptions clause” which excused non-performance of a contract in circumstances that are usually described asforce majeure...

Insuring Instability: Is There Coverage for the Cost of the Trade War?
Haynes and Boone, LLP, October 2018

A new round of U.S. tariffs on $200 billion in Chinese imports became effective on September 24, 2018.1 The 10 percent tax on Chinese consumer products is only the latest escalation in an ever-widening trade war between the United States and its global trading partners. While it appears that, subject to Congressional approval, trade disputes between the U.S...

Effectiveness of Family Limited Partnerships in Light of New Case Law
Haynes and Boone, LLP, September 2018

In two recent decisions, the Tax Court issued rulings that could impact the effectiveness of family limited partnerships in estate planning. For the first time, the Tax Court held that assets of a limited partnership could be taxed as part of the estate of a decedent who held only a limited partnership interest...

SEC Announces First Enforcement Actions Against Unregistered Investment Adviser and Broker-Dealer in Cryptocurrency Sale
Haynes and Boone, LLP, September 2018

On September 11, 2018, the Securities and Exchange Commission (“SEC”) announced its first enforcement actions alleging that entities offering certain investments in cryptocurrencies should be registered as an investment adviser or broker-dealer...

Ninth Circuit Decision: Employers of Tipped Employees May Want to More Closely Monitor Their Duties
Haynes and Boone, LLP, September 2018

In a case closely monitored by the hospitality industry, the Ninth Circuit ruled in favor of servers and bartenders who alleged their employers were improperly claiming employees’ tips as a credit toward the federal minimum wage.Marsh v. J. Alexander’s LLC, No. 15-15791 (9th Cir. Sept. 18, 2018). The en banc court reversed a prior panel decision and rejected the employer’s arguments that the regulations in question were not entitled to judicial deference...

Mexico Updates Fintech Regulations
Haynes and Boone, LLP, September 2018

On September 10, 2018, the Mexican National Banking and Securities Commission (Comisión Nacional Bancaria y de Valoresor “CNBV”) issued the general provisions applicable to Financial Technology Institutions (“FTIs”) (Disposiciones de Carácter General Aplicables a las Instituciones de Tecnología Financiera) (the “CNBV Provisions”), which, as of March 10, 2018, are regulated by the Law that Regulates Financial Technology Institutions

Getting the Deal Through – Shipping 2019: Mexico
Haynes and Boone, LLP, September 2018

Eduardo Corzo, a Counsel in Haynes and Boone’s Mexico City office who focuses on maritime and shipping law, contributed to a new legal guide titled, “Getting the Deal Through – Shipping 2019.” Eduardo wrote the chapter that covers shipping as governed by the law of Mexico. Each chapter in the guide covers key issues such as ship registrations and mortgages, maritime liens, and responsibilities and liabilities of the shipping company...

California Supreme Court Ruling Favoring Product Manufacturers Echoes Amicus Brief
Haynes and Boone, LLP, September 2018

Earlier this year, in Kim v. Toyota Motor Corp., the California Supreme Court delivered a significant win to product manufacturers concerning the admissibility of industry custom and practice evidence in a strict product liability design defect action. Haynes and Boone, LLP Partner M.C...

How Insurance Might Cover Losses Incurred in Connection with Hurricane Lane
Haynes and Boone, LLP, September 2018

Although Hurricane Lane’s substantial weakening from a Category 5 storm as it approached land likely spared Hawaii a disaster, the storm still caused much harm. Areas of the Big Island got inundated with well over three feet of rain, causing landslides and major road closures, and high winds stoked brush fires on Maui, burning 2,300 acres of land, damaging multiple homes, and forcing hundreds of evacuations...

NAFTA Renegotiation: Agreement in Principle Between the United States and Mexico
Haynes and Boone, LLP, September 2018

After almost 13 months of negotiations, on August 27, 2018 the United States and Mexico reached a preliminary commercial understanding, which they have termed an “agreement in principle,” to modernize the North American Free Trade Agreement (“NAFTA”). Canada has not yet joined in the agreement, and the question of Canada’s ultimate participation will affect the substance of the deal, its posture under the U.S...

Austin Court of Appeals Stays Effective Date for City’s Paid Sick Leave Ordinance
Haynes and Boone, LLP, August 2018

The Austin Court of Appeals has temporarily blocked implementation of an Austin city ordinance that would require employers to provide paid sick leave to employees. The ordinance was set to take effect on October 1, 2018. The City of Austin passed the paid sick leave ordinance in February of 2018. The State of Texas immediately filed suit to challenge the ordinance claiming that it was preempted by the Texas Minimum Wage Act...

SEC Expands Smaller Reporting Company Definition and Issues New Small Entity Compliance Guide
Haynes and Boone, LLP, August 2018

On June 28, 2018, the Securities and Exchange Commission (the “SEC”) adopted amendments to expand the definition of a “smaller reporting company” (“SRC”) to include companies with public floats of less than $250 million and higher annual revenues. The staff provided additional guidance on the amended definition on August 10, 2018 through the adoption of a new small entity compliance guide...

The IP Beacon, August 2018
Haynes and Boone, LLP, August 2018

View the PDF version of the August 2018 IP Beacon. Squarely Decided: The Fifth Circuit Sides with Spongebob On May 22, 2018, inViacom Int’l, Inc. v. IJR Captial Invs., LLC, 242 F. Supp.3d 563 (2017), the Fifth Circuit Court of Appeals upheld summary judgment in favor of Viacom International Inc. (Viacom) on its trademark infringement and unfair competition claims against IJR Capital Investments, LLC (IJR)...

CFIUS Reform Enacted
Haynes and Boone, LLP, August 2018

Legislation to update US controls on foreign investment has been signed by the President and enacted into law. The Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”) expands the scope of review by the Committee on Foreign Investment in the United States (“CFIUS”) of foreign investment in critical and foundational technologies that impact US national security, broadly defined...

Jar Wars: The Return to Mr. Jeddi In another case about disputed provenance and ownership London’s Commercial Courts are asked to decide on competing claims for a Medieval Islamic rock crystal jar.
Haynes and Boone, LLP, August 2018

The courts in busy art capitals of the world like London are often called upon to determine disputes over title, provenance, authenticity and attribution of valuable art and artefacts...

SEC Proposes Simplified Guarantor and Pledgor Disclosures in Registered Debt Offerings
Haynes and Boone, LLP, August 2018

On July 24, 2018, the Securities and Exchange Commission (the “SEC”) voted to propose rule amendments aimed at simplifying certain financial disclosure requirements for guarantors, issuers and pledgors in registered debt offerings...

London’s Global Legal Hub Is on Our Doorstep
Haynes and Boone, LLP, July 2018

It has been announced that a new flagship court designed to tackle the legal issues of the future will open on Fleet Street, a short walk to our London offices. The new 18 court room legal centre providing world-class legal services focussing on cybercrime, fraud, economic crime, business and property crime and civil cases is expected to be completed in 2025...

Brexit: News Update
Haynes and Boone, LLP, July 2018

On 6 July 2018 the Government published a statement following on from Theresa May’s Cabinet meeting and Brexit debate at Chequers, the Prime Minister’s country residence. The statement outlined the Cabinet’s collective stance and the next steps to be taken in respect of the Brexit negotiations. However, many critics have already called the Chequers statement a “compromise” position and argued that the statement seems to be advocating a “soft Brexit...

SEC Adopts Inline XBRL Requirement
Haynes and Boone, LLP, July 2018

2018 Summer Associate Taylor West contributed to this alert. On June 28, 2018, the Securities and Exchange Commission (“SEC”) voted to require the use of Inline Extensible Business Reporting Language (“Inline XBRL”) for operating company financial statement information and mutual fund risk/return summary information.1The amendments to the current XBRL requirement are effective 30 days after publication in the Federal Register. View the final rule...

A Sigh of Relief: Oil and Gas Lender not Liable, as Mortgagee, for Failure to Release Expired Leases
Haynes and Boone, LLP, July 2018

In the latest ruling from the contentious Gloria’s Ranch case (Gloria's Ranch, L.L.C. v. Tauren Exploration, Inc., 2018 La. LEXIS 1694), the Supreme Court of Louisiana reversed the lower courts’ decisions that held Wells Fargo Energy Capital, Inc...

Are You Ready for Proposition 65 Changes? Three Immediate Steps to Take.
Haynes and Boone, LLP, July 2018

Proposition 65 is a 1986 California right-to-know law requiring businesses to provide “clear and reasonable” warnings of potentially harmful exposures to chemicals appearing on the growing list maintained by California’s Office of Environmental Health Hazard Assessment (“OEHHA”)...

Risky Business – English Court Rejects Force Majeure Claim in Offshore Drilling Contract
Haynes and Boone, LLP, July 2018

The English High Court issued its judgment in the case ofSeadrill Ghana Operations Limited v Tullow Ghana Limited1on 3 July 2018 in respect of a dispute under a long-term drilling contract between Seadrill and Tullow regarding the use of the semi-submersible drilling rig “WEST LEO” for operations offshore Ghana. The contract was signed in 2012 and its term was due to continue through to June 2018...

OSHA Quarterly Newsletter, June 2018
Haynes and Boone, LLP, June 2018

Download the June 2018 edition of the Haynes and Boone OSHA Newsletter PDF. No Time Limit on Look Back Period for Repeat Citations InTriumph Constr. Corp. v. Sec’y of Labor, the Second Circuit Court of Appeals upheld a look back period for a repeat violation beyond the Commission’s “general” policy of three years to determine a repeat violation. InTriumph, an employee was injured in a cave-in at an excavation site...

Enforceability of OCC Reserve Based Lending Guidelines
Haynes and Boone, LLP, June 2018

2018 Summer Associate Molly Barham contributed to this alert. Two years ago, right after crude oil prices hit rock bottom in the middle of the worst downturn for U.S. producers since the 1980s, the Office of the Comptroller of the Currency (“OCC”) revised its Handbook for Examination of Oil and Gas Exploration and Production Lending (“E&P Handbook”)...

Supreme Court Puts on its Summer Flip Flops
Haynes and Boone, LLP, June 2018

On June 21, 2018, the United States Supreme Court, in South Dakota v. Wayfair, Inc., held that a state can now require companies not physically present in that state to collect tax on internet sales made to its residents. The explosive growth of e-commerce combined with the states’ eroding tax base convinced the Supreme Court to turn back a half century of jurisprudence...

Appointed Not Hired: The Supreme Court Rules on the SEC’s Administrative Law Judges
Haynes and Boone, LLP, June 2018

On June 21, in its much-anticipated decision inLucia v. Securities and Exchange Commission, the U.S. Supreme Court held that the SEC’s Administrative Law Judges (“ALJs”) are officers under the Constitution’s Appointments Clause. The decision requires that, moving forward, SEC ALJs be constitutionally appointed rather than hired like other employees...

Texas Supreme Court Confirms No Independent Injury Needed to Recover Under Texas Bad Faith Statute
Haynes and Boone, LLP, June 2018

For years, corporate policyholders lacked a clear path to recovery against their insurance companies under the Texas bad faith statute. The reason for this uncertainty was that some courts required a showing of an injury independent from the loss of policy benefits as a means of recovery under the bad faith statute...

Amendment to the General Law of Commercial Companies
Haynes and Boone, LLP, June 2018

On June 14, 2018, Mexico’s Ministry of Economy (Secretaría de Economía) published in the Official Federal Gazette amendments to Articles 73 and 129 of the General Law of Commercial Companies (Ley General de Sociedades Mercantiles) (the “Law”), imposing a new requirement to provide notice in the Ministry of Economy’s electronic system regarding entries made in the Shareholder and Member Registry Books of Corporations and Limited Liability Companies (t

The Compliance Challenges of Cross-Border Deals
Haynes and Boone, LLP, June 2018

The business world continues to be a multinational place, with marketplaces and supply chains that cut across national borders. Global expansion efforts have also spawned a growing desire for cross-border deal making. These mergers and acquisitions, however, are easily complicated by language and cultural differences, in addition to local politics and regulatory regimes...

 

 

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