Inflation Reduction Act
A Line in (and Under) the Sand
Bracewell’s Will Moss and JJ McAnelly address identifying and minimizing subsurface trespass legal risk associated with subsurface carbon dioxide migration in this Texas Bar Journal article.
ESG Regulatory Landscape Creates Commercial Pitfalls
With Environmental, Social and Governance (ESG) issues top of mind in almost every industry, including at the recently concluded COP26 climate change conference in Glasgow, the burgeoning US regulatory landscape and accompanying litigation trends are giving rise to a variety...
Dispute Resolution in the Oil and Gas Sector: Q&A
Bracewell’s John Gilbert offers a Q&A guide to dispute resolution in the oil and gas industry. This Q&A gives a high-level overview of the typical types of claims in the sector, who the parties to a dispute tend to be...
Reeves County District Court Rules in Favor of Oil & Gas Operator in Produced Water Dispute
On November 2, 2021, the Reeves County, Texas, District Court held in COG Operating LLC (“COG”) vs. Cactus Water Services, LLC et al. (“Cactus”) that COG, the oil & gas operator, (1) owns, among other things, the products contained in...
Dropping Anchor: Parent company liability and the English Courts
Since 2015, three cases have gradually been making their way through the English appeal courts: Lungowe v Vedanta Resources Plc ; [1] Okpabi v Royal Dutch Shell ; [2] and AAA & Ors v Unilever . [3] To quote the...
Steel and Aluminum Tariffs: Time to Dust Off the Price Adjustment Clause?
The continued and controversial imposition of tariffs has not only resulted in global economic and political fallout but has also adversely affected contractual relationships for suppliers, manufacturers, contractors and project owners far downstream from the government. Whether you are the...
Binding Contracts Created Via Email
A presentation regarding the use of email to create binding contracts, focusing on Texas and Federal law. The presentation addresses issues regarding when an exchange of emails can be considered to contain all of the material terms needed for contract formation, and whether an email can be considered a “signature” for agreements that must be in writing and signed to be effective.
Obtaining Diminution in Value Damages for Seller Misrepresentations in M&A Agreements: New Ruling in the Southern District of New York
On September 28, 2015, the U.S. District Court for the Southern District of New York issued an Opinion and Order (the Opinion) in favor of our client, Stanley Black & Decker, Inc. (SB&D), in its litigation arising from SB&D’s indemnity...
Delaware Supreme Court Reverses Injunction Requiring Thirty Day Go-Shop
To listen to the podcast, please click here . In a recent decision, the Delaware Supreme Court reversed the Court of Chancery's entry of a preliminary injunction that enjoined C&J Energy Services, Inc. ("C&J") from holding a stockholder vote on...
EPA's NY/NJ EPCRA Sweep Points to Broader Enforcement Effort
Last week's announcement by the US EPA of EPCRA violations at 17 facilities comes as part of the Agency's heightened scrutiny of chemical storage facilities in the aftermath of the West, Texas explosion and the Charleston, West Virginia release into...
Supreme Court Upholds Arbitration Award in Favor of British Natural Gas Investor in Argentina
To listen to the podcast, please click here . On March 5, 2014, the United States Supreme Court upheld a $185 million arbitration award obtained by the United Kingdom's BG Group PLC against the Republic of Argentina, pursuant to a...