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2005 Publications
Archives 2006
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Articles
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"Information on UK/Europe Power Practice"
12/01/2005
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Vinson & Elkins has a long history of advising clients in the UK power sector, since privatization of the country's electricity industry in 1990.
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"Nuclear Decommissioning: A New Approach in the UK"
12/01/2005
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The civil nuclear industry in the United Kingdom has recently undergone significant restructuring, with a view to opening the decommissioning process for certain nuclear sites to competition.
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"UK Prime Minister Announces Energy Review — Nuclear Power to be Considered"
12/01/2005
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On 29 November 2005 UK Prime Minister Tony Blair announced a review of UK energy policy, with the aim of developing a package of proposals for the industry during the first half of 2006.
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"ALI Takes Position on Foreign Judgments (Including Those Against the Media)"
11/14/2005
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After more than five years of study and debate led by Reporters Andreas F. Lowenfeld and Linda Silberman of New York University Law School, the membership of the American Law Institute (ALI) approved the final draft of "Recognition and Enforcement of Foreign Judgments: Analysis and Proposed Federal Statute" at its annual meeting this past May.
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"The “Federal Settlement Privilege” and Maintaining Confidentiality of Privileged Information Provided to the Government,"
Litigation News, Fall 2005
10/15/2005
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These are difficult times for the attorney-client and work product privileges.
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"'Clone' Derivative Actions: Securities Fraud Claims in Sheep's Clothing?"
Litigation News, Fall 2005
10/15/2005
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Outside directors of public companies operate in an increasingly difficult regulatory and judicial environment.
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"Lucky 13 - Texas Rules of Judicial Administration Coordinate Mass Tort Litigation"
09/12/2005
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Mass tort litigation, whether in the toxictort or products liability arena, begins almost instantaneously with large-scale exposure to a toxic substance or with the failure or recall of a product.
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"Implications of the Energy Policy Act of 2005"
08/18/2005
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The Domenici-Barton Energy Policy Act of 2005 ("the 2005 EPA"), which became federal law with the signature of President Bush on August 8, 2005, is a comprehensive compilation of tax incentives, authorized appropriations for grants and guaranteed loans, and significant changes to the statutory policy that affects all segments of the energy industry.
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"Endangerment, Aviall, and CERCLA Administrative Consent Orders — The New Challenges of Managing Hazardous Waste Contamination"
08/17/2005
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Parties undergoing cleanups at contaminated sites under CERCLA that have also been served with a notice of a citizen suit under RCRA face ambiguity and uncertainty as they try to make sense out of these two statutory schemes.
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"Nuclear May be Needed for a Cleaner Future"
08/01/2005
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The ever-increasing political focus on carbon emissions, climate change and energy efficiency is having major effect on the shape and direction of the power sector in the UK. Wind-power capacity is growing, but nuclear generation may yet make a comeback, writes Alex Msimang, partner, Vinson & Elkins RLLP.
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"Confronting Securities Plaintiffs’ Efforts to Circumvent the PSLRA Discovery Stay to Obtain Documents Produced to Third Parties,"
Litigation News, Summer 2003
07/15/2005
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In 1995 Congress passed the Private Securities Litigation Reform Act (PSLRA) to curb abuses in securities fraud litigation.
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"The Reasonable Royalty for Patent Infringement: Theory and Practice"
07/05/2005
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In 1915, the Supreme Court approved the reasonable royalty as a remedy for patent infringement in Dowagiac Mfg. Co. v. Minnesota Moline Plow Co.
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"Selecting, Preparing, and Cross-Examining Expert Witness (With Form)"
07/01/2005
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Whether the issue is liability, causation, or damages, expert witnesses have become more and more important in recent years.
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"Environmental Legislation Passed by the 79th Texas Legislature"
06/14/2005
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Governor Perry signed into law Sen. Ken Armbrister's (D-Victoria) SB 1299, allowing an exception to the prohibition against commingling used oil with solid waste, if the commingling is unavoidable and incidental to the dismantling of scrap, used, or obsolete metals.
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"Global Trends and Opportunities"
06/01/2005
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Vinson & Elkins has been recognised in recent surveys of industry players as the world’s leading energy law firm. Petroleum Economist asked several Vinson & Elkins lawyers to comment on the outlook, recent trends and opportunities in the global energy sector.
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"Acquisitions and Divestitures 101 Legal Issues for Corporate Executives"
05/01/2005
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Chief executive officers and other senior corporate officials typically and appropriately rely on their general counsel and in-house legal staff to address key legal issues associated with acquisitions and divestitures.
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"The Changing Dimensions of Director Liability Under the Federal Securities Laws"
03/07/2005
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Preeminent securities scholar Louis Loss reportedly concluded his final lecture at Harvard Law School with a stern admonition to his class "never be a director."
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"Dispute Resolution 2005/06: Country Q&A; United States"
03/01/2005
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"Checklist for a Health Care Provider’s Implementation of the HIPAA Security Rule"
02/10/2005
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This checklist focuses on efforts to comply with the Security Rule by deadline for compliance, April 21, 2005.
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"The Use and Disclosure of Protected Health Information in the Context of Litigation"
02/10/2005
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On January 14, 2005, the Federal Office for Civil Rights (“OCR”) published on its website long-awaited guidance regarding the use and disclosure of protected health information (“PHI”) in the context of litigation.
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"Are “Expert” Directors Subject to Greater Liability for Breach of Fiduciary Duties?"
Litigation News, Winter 2005
01/15/2005
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The Delaware Chancery Court recently ruled that a director with specialized financial expertise was jointly and severally liable for up to $56 million because he knew or should have known that the offering price in a going-private transaction was unfair to minority shareholders even though the board had received a fairness opinion from an outside financial advisor.
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Presentations and Speeches
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"The Texas Public Information Act—Protecting Your (Third Party) Confidential Information"
07/28/2005
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The Texas Public Information Act (the “Act”) was adopted in 1973. The purpose of the Act is to maintain the people's control “over the instruments they have created,” and requires that information in the possession of a governmental body be generally available to the public. Often a governmental body will possess information involving a third party; such information could be subject to disclosure under the Act.
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"Public Finance 2005 Legislative Update"
06/28/2005
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"Preserving, Gathering, and Producing Electronic Documents for Use in Corporate Internal Investigations and Related Litigation"
04/14/2005
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Presented at South Texas College of Law, Corporate Compliance Center's "Houston, We Have A Serious Problem, Tackling the Corporate Internal Investigation" conference.
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"How to Structure Your Legal Argument"
03/23/2005
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"How to Structure Your Legal Argument"
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V&E; E-Communications
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"JCAHO Proposes Radical Changes To Credentialing And Privileging Standards"
11/30/2005
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The Joint Commission on Accreditation of Healthcare Organizations ("JCAHO") has recently published Proposed Revisions to the Medical Staff Credentialing and Privileging Standards.
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"Court of Appeals Upholds Government’s Position That Acquiring Even a Passive Ownership Interest in a Competitor May Violate U.S. Merger Laws"
11/03/2005
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In a case of significance to businesses and people that own partial interests in competing entities (less than 100%), the Sixth Circuit Court of Appeals held that the acquisitions of voting or passive financial interests in competitors could violate Section 7 of the Clayton.
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"Justice Department and Federal Trade Commission Announce Expedited Antitrust Procedure and Guidance for Post-Hurricane Relief Efforts"
09/30/2005
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This week the Department of Justice and the Federal Trade Commission announced an expedited procedure for providing antitrust guidance on proposed business collaborations relating to the aftermath of Hurricanes Katrina and Rita.
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"Fifth Circuit Extends and Clarifies Requirement to Show “Market Efficiency” To Certify Securities Fraud Class Action"
08/29/2005
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The recent decision in Bell v. Ascendant Solutions, Inc., No. 04-11078 (5th Cir. Aug. 23, 2005), removes any doubt that to obtain certification of a securities fraud class action in the Fifth Circuit, the lead plaintiff must do more than simply allege that a security trades in an efficient market to obtain a classwide presumption of reliance and satisfy the predominance requirement of Rule 23(b)(3).
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"D.C. Circuit Clarifies Sherman Act Analysis"
07/29/2005
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On July 22, 2005, the United States Court of Appeals for the D.C. Circuit affirmed a decision by the Federal Trade Commission ("FTC" or the "Commission") finding that an agreement between joint venture parents to suspend price competition and advertising on products outside the joint venture violated both Section 1 of the Sherman Act and Section 5 of the Federal Trade Commission Act.
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"Texas Environmental Legislative Update"
06/27/2005
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On June 18 Governor Perry called the 79th Legislature into its first Special Session to address education and school finance.
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"Notice of Proposed Extranet Healthcare Information Technology"
06/03/2005
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In response to growing Healthcare Information Technology ("HIT") regulation, we are considering undertaking a significant addition to the information and services already offered to our V&E; HIPAA Consortium members.
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"Texas Environmental Legislative Update"
05/26/2005
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The 79th Texas Legislature wraps up its work on Monday, May 30 (and will we be glad!).
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"Texas Environmental Legislative Update"
05/20/2005
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We have just a few more days until the 79th Texas Legislative Regular Session ends (May 30).
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"Collect Data Now on Emergency Services Provided to Undocumented Aliens to Qualify for Special Reimbursement"
05/13/2005
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Hospitals, physicians, and ambulance services providers should move quickly to benefit from a $1 billion CMS fund for uncompensated emergency care provided to "undocumented aliens" under the Emergency Medical Treatment and Labor Act ("EMTALA").
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"Texas Environmental Legislative Update"
05/12/2005
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The 79th Texas Legislative Session is fast approaching its 140th and last day, May 30.
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"Texas Environmental Legislative Update"
05/05/2005
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The Senate passed SB 1741 (Sen. Todd Staples, R–Palestine), related to interbasin surface water transfers.
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"Environmental Legislative Update"
05/02/2005
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On April 29, the Senate passed Sen. Ken Armbrister's (D–Victoria) SB 3, the comprehensive water legislation, with several floor amendments.
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"Environmental Legislative Update"
04/28/2005
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We anticipate that Sen. Ken Armbrister's (D–Victoria) SB 3, related to the development and management of the state's water resources, will be voted on by the Senate on April 29th and sent to the House.
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"Fifth Circuit Confirms that Holder Claims Are Derivative in Nature"
04/28/2005
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The Fifth Circuit’s recent decision in Smith v. Waste Management, Inc., Civ. No. 04-20380, 2005 WL 873329 (Apr. 15, 2005), establishes that holders of stock in a Delaware corporation may not file direct actions against that corporation based on alleged misrepresentations or mismanagement that result in a decline to its stock price.
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"GAO Amends Bid Protest Regulations to Cover Certain A-76 Competitions Within Its Bid Protest Jurisdiction"
04/26/2005
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The General Accountability Office ("GAO") issued a final rule, effective April 14, 2005, to amend its bid protest regulations in order to expand its bid protest jurisdiction to cover certain public-private competitions conducted under the Office of Management and Budget ("OMB") Circular A-76.
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"Environmental Legislative Update"
04/25/2005
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We expect a flurry of legislative activity during the next few weeks as we move toward the end of the legislative session (May 30), and we will update you as noteworthy environmental bills move forward.
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"Environmental Legislative Update"
04/21/2005
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The Senate Natural Resources Committee heard testimony on SB 594 (Sen. Jon Lindsay, R–Houston) and SB 1741 (Todd Staples, R–Palestine), related to interbasin surface water transfers.
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"Environmental Legislative Update"
04/14/2005
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The House Committee on Environmental Regulation heard testimony this week on Rep. Glenn Hegar's (R–Katy) HB 3002, related to the revocation of certain waste permits issued by TCEQ.
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"Environmental Legislative Update"
04/11/2005
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The Senate Natural Resources Committee voted SB 947 (Sen. Ken Armbrister, D–Victoria) favorably as a substitute last week.
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"Eleventh Circuit Finds That "Reverse Payment" Patent Settlements Do Not Violate the Antitrust Laws"
04/11/2005
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The Eleventh Circuit Court of Appeals has vacated a 2003 Federal Trade Commission decision and order that found “reverse payment” patent settlements in the pharmaceutical industry to have violated the antitrust laws.
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"Supreme Court Recognizes Disparate Impact Under ADEA"
04/01/2005
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On Wednesday, March 30, 2005, the United States Supreme Court issued its decision in Smith v. City of Jackson, 03-1160, recognizing a disparate-impact theory of recovery for cases brought under the Age Discrimination in Employment Act ("ADEA").
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"Changing Dimensions of Director Liability Under the Federal Securities Law"
04/01/2005
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Serving as an outside director of a public company has never been more perilous from a financial perspective.
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"Texas Legislative Alert"
04/01/2005
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Vinson & Elkins has prepared a brief analysis of selected proposed legislation affecting health care providers that is currently being addressed by the 79th Texas Legislature.
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"Environmental Legislative Update"
03/31/2005
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Sen. Armbrister (D–Victoria) still has not filed Senate Bill 3, but he did release an outline of what surface and groundwater issues the bill will cover:
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"Department of Justice Files Suit Against West Virginia Hospitals for Unlawful Market Allocation"
03/24/2005
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On March 21, 2005, the Department of Justice filed suit against Bluefield Regional Medical Center, Inc. (“BRMC”) and Princeton Community Hospital Association, Inc. (“PCH”), alleging that agreements between the two hospitals not to compete with each other for certain services violated Section 1 of the Sherman Act.
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"Environmental Legislative Update"
03/24/2005
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This week, the House Committee on Environmental Regulation voted favorably on a substitute for HB 1705 (Bonnen, R–Angleton), which would exempt port authorities and navigation districts from certain state cleanup liability for the disposition of dredged material.
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"Environmental Legislative Update"
03/17/2005
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The deadline for filing bills was March 11, so we saw hundreds of bills filed in the closing days.
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"Environmental Legislative Update"
03/10/2005
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The Senate Natural Resources Committee heard testimony this week on several bills, including SB 699 (Hinojosa, D–McAllen) on strengthening TCEQ's economic benefit recovery program, SB 484 (Barrientos, D–Austin) on raising the air emissions fee cap from 4,000 tons to 8,000 tons, and SB 519 (Armbrister, D–Victoria) on compliance history.
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"Department of Justice Forms Procurement Fraud Task Force"
03/09/2005
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The Department of Justice recently emphasized its intent to investigate and prosecute procurement fraud, particularly among defense contractors.
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"USERRA Posting Requirement Effective March 10, 2005"
03/09/2005
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Effective Thursday, March 10, 2005, all employers covered by the Uniformed Services Employment and Reemployment Rights Act (“USERRA”) will be required to post in the workplace notice of basic employee rights and responsibilities under USERRA.
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"Environmental Legislative Update"
03/07/2005
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The House Environmental Regulation Committee voted favorably on Rep. Wayne Smith's (R — Baytown) HB 86, which modifies how TCEQ addresses compliance (see our February 17th legislative update).
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"Fifth Circuit Rulings on Aftermarket Standing and Scienter"
03/07/2005
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The Fifth Circuit recently issued two opinions of some importance for future securities litigation.
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"United States v. Dentsply International
Third Circuit Finds Dentsply's Exclusive Dealing Policy Unlawful"
03/05/2005
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On Thursday, February 24, 2005, the Third Circuit ruled that the exclusive dealing policy Dentsply International (“Dentsply”) imposed upon its dental dealers violated Section 2 of the Sherman Act.
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"Key Points Concerning Recent HSR Changes"
02/25/2005
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The FTC has adopted new regulations which significantly affect HSR filing requirements.
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"Environmental Legislative Update"
02/24/2005
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On February 21, 2005 the House Natural Resources Committee heard invited testimony on various surface and groundwater issues and several bills but did not vote on any of them.
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"Fifth Circuit Clarifies Class Certification Standard in "Fraud on the Market" Cases"
02/22/2005
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The Fifth Circuit’s recent decision in Unger v. Amedisys, Inc., No. 03-30965, provides much needed guidance for district courts considering the certification of securities class actions relying on the “fraud on the market” theory.
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"Environmental Legislative Update"
02/17/2005
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On February 2, 2005, Rep. Ruben Hope (R – Conroe) introduced HB 786, relating to the authority of county governments to prohibit solid waste disposal.
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"Environmental Legislative Update"
02/10/2005
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The House Natural Resources Committee will meet for an organizational hearing on Monday, February 14, 2005 at 2:00 p.m. to consider testimony from state agencies, including TCEQ and the Water Development Board.
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"Texas Alert - Legislative Issue"
02/08/2005
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1. TX BILL REQUIRES REPORTING OF INFECTION RATES TO DSHS — Under Texas House Bill 734 (Davis), certain health care facilities would be required to report to the Texas Department of State Health Services ("DSHS") health care associated infection rates experienced at their facilities at least quarterly.
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"Fifth Circuit Partially Overturns Dismissal Order Under the PSLRA"
02/01/2005
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The Fifth Circuit’s recent decision in Barrie v. Intervoice-Brite, Inc., Civ. No. 03-11064, marks the first time in five years that the Fifth Circuit has substantially overruled a district court’s grant of dismissal under the PSLRA.
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"Clean Air Enforcement Focus in Houston"
02/01/2005
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On Monday, January 31, 2005, the Texas Commission on Environmental Quality (TCEQ) announced enforcement initiatives addressed to sources of nitrogen oxides (NOx) and highly reactive VOCs (HRVOCs) in the Houston area.
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"Texas Senate Natural Resources Committee Named"
01/28/2005
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Yesterday, Lt. Governor David Dewhurst announced the Senate committee assignments, and the Senate Natural Resources Committee will hold its first hearing next Tuesday, February 1.
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"Texas House Environmental and Energy Committees Named"
01/27/2005
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This morning, Speaker of the House Tom Craddick announced committee assignments.
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"TCEQ Adopts Recommendations to Change Enforcement Rules"
01/18/2005
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On January 14, 2005, the Texas Commission on Environmental Quality (“TCEQ”) Commissioners adopted more than 60 recommendations that, when implemented, will modify its enforcement rules and policies.
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"Interim Reports To The 79th Texas Legislature: V&E; Preliminary Picks For Principal Health-Related Legislative Plays"
01/06/2005
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The Texas Legislature is once again prepared to address a number of key health care issues as evidenced by the release of the following Interim Reports to the 79th Legislature: Texas Senate Health and Human Services (HHS) Committee, the Senate Committee on State Affairs, the House Select Committee on State Health Care Expenditures, the Senate Committee on Infrastructure Development and Security, the Senate Committee on Intergovernmental Relations, the Senate Subcommittee on Higher Education, the House Committee on Economic Development, the House Committee on Business & Industry, and the Long Term Care Legislative Oversight Committee.
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V&E
Newsletters
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Benefits Bulletin
Periodic bulletins designed to educate clients about matters of interest in the employee benefit plans and executive compensation areas.
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Corporate Governance and Compliance Bulletins
A series of bulletins on issues raised by the Sabarnes-Oxley Act of 2002, SEC regulations, stock exchange and other self-regulatory organization requirements and corporate governance initiatives.
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Energy Currents
These bulletins are intended to afford immediate notice to our clients and friends of certain developments within the energy industry.
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Health Briefs
V&E; tracks on a weekly basis new Federal and Texas regulations of interest in the health industry.
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Health Headlines
These bulletins are intended to afford immediate notice to our clients and friends of certain events in health law.
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Healthcare Legal Update
A newsletter with feature length articles distributed on an "alert" basis.
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HIPAA Headlines
The HIPAA Headlines discuss developments and the effects of the Privacy Rule, the Security Rule, and the Standard Transactions Rule.
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Litigation News
Quarterly newsletter designed to highlight the activities of the firm's litigation and appellate sections and educate clients about current litigation trends.
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TCEQ Regulatory Watch
These monthly bulletins are intended to afford immediate notice to our clients and friends of certain events in environmental law.
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Telecommunications E-Lert
These newsletters are intended to afford immediate notice to our clients and friends of certain developments in telecommunications law.
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