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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...
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...
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...
DOJ to Companies: If You Step Up & Own Up, You Might Not Have to Pay Up
Late last year, the Department of Justice (DOJ) announced material changes to the way it intended to investigate, prosecute, and resolve corporate cases. The changes were aggressive, leading us to title our update “ DOJ’s Torpedoes Are in the Water...
Fifth Circuit Condemns Texas Transmission ROFR Law on Constitutional Grounds
On August 30, 2022, the Fifth Circuit issued an opinion condemning a far-reaching Texas law on electric transmission right-of-first-refusal (“ROFR”). The decision concerns a 2019 Texas law that restricted the ability to build, own, or operate new transmissions lines to...
Quick Hit: Search Warrants
On this episode of The Bracewell Sidebar, hosts Matthew Nielsen and Seth DuCharme discuss how one goes about getting a search warrant in light of recent events, including what is required and what inferences can be fairly drawn from the...
Check It Once, Check It Twice: OFAC Requests Daily Screenings of SDN List for Sanctions Compliance
A recent OFAC enforcement action against MidFirst Bank highlights the five essential components of an effective sanctions compliance program that will serve to mitigate exposure in the event of a violation: Senior management commitment to developing a culture of compliance...
Federal Privacy Legislation – Is it Finally Happening?
Proposed federal privacy legislation is not a new thing. But the latest iteration – the American Data Privacy and Protection Act – has many wondering if this will be the legislation that finally goes the distance. This is the first...
The COVID-19 Change Order
During the pandemic it has become common for contractors to submit change orders to owners seeking reimbursement for COVID-19 related expenses and costs. This is especially true for large construction projects. These “COVID-19 Change Orders” seek reimbursement for everything from...
Questions Remain After Supreme Court Resolves Circuit Split Over Discovery in Arbitration Under 28 U.S.C. § 1782
On June 13, 2022, the Supreme Court resolved a long-standing circuit split holding that broad U.S.-style discovery under 28 U.S.C. § 1782 is not available in private foreign arbitrations. In the past decade, litigants in international arbitrations had been trying...
Keeping Pace with the Evolving Sanctions Enforcement Regime
On this episode of The Bracewell Sidebar, hosts Matthew Nielsen and Seth DuCharme will give an update on developments in sanctions and enforcement based on insights gleaned from recent conferences that Seth attended. He shares some of his key takeaways...
Supreme Court Resolves Circuit Split Over 28 U.S.C. § 1782
On Monday, the Supreme Court resolved a circuit split and issued a long-awaited decision holding that broad U.S.-style discovery under 28 U.S.C. § 1782 is not available in private foreign arbitrations. In the past decade, litigants in international arbitrations had...
More Wiggle Room for White Hat Hackers?
On May 19, 2022, the Department of Justice (“DOJ”) announced significant clarifications to its policy on charging Computer Fraud and Abuse Act (“CFAA”) violations that give some comfort to cyber security consultants who engage in network testing and related operations...