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Articles
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| 2006 |
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"Controlling Costs In Arbitration: An Efficient Guide To An Efficient Result"
Litigation News, Fall 2006
08/31/2006 |
| As the old chestnut goes, arbitration is superior to litigation because arbitration is cheaper. |
"Turning the Tables on Attorneys’ Fees: Offers of Settlement Under Rule 167"
Litigation News, Fall 2006
08/31/2006 |
| Litigation costs have an undeniable effect on trial strategy and settlement dynamics. |
"Getting a Quick Start Without Jumping the Gun: A Basic Guide to Spotting Premerger Coordination Issues that Raise Antitrust Questions and may Delay Closing Your Deal"
07/18/2006 |
| Swimmers, speed skaters, race car drives and other athletes understand the importance of getting a quick start. |
"Avoiding Inadvertent Production of Privileged Documents"
Litigation News, Spring/Summer 2006
05/05/2006 |
| We have all seen it happen.
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"Moving to Dismiss a Securities Fraud Lawsuit When Intervening Events Contributed to Plaintiff’s Losses"
Litigation News, Spring/Summer 2006
05/05/2006 |
| The scenario has become all too familiar.
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"Dealing With the U.K.’S Nuclear Legacy"
05/01/2006 |
| The role of the Nuclear Decommissioning Authority and future opportunities for companies interested in participating in the U.K.’s decommissioning process.
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"State Immunity and Arbitration: Svenska Petroleum Exploration AB v Government of the Republic of Lithuania and AB Geonafta"
04/26/2006 |
| A foreign investor will obviously feel more comfortable entering into a commercial agreement with a state government or entity if it is safe in the knowledge that in the event of any dispute arising, such a dispute can be kept out of the local courts and instead resolved by international arbitration—and that the outcome of that arbitration will be enforceable in other states.
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"Observations on the Emerging Law of Gun-Jumping"
04/01/2006 |
| Antitrust lawyers counseling clients on mergers and acquisitions spend a significant, and some would say a disproportionate, share of their time addressing premerger coordination issues.
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"Amendments to Russian Corporate and Securities Legislation"
01/26/2006 |
| Russia has recently further amended its joint stock companies and securities legislation, primarily Federal Law No. 208-FZ "On Joint Stock Companies" dated December 26, 1995 and Federal Law No. 39-FZ "On Securities Market" dated April 22, 1996 (together, the Old Laws). |
"Investigating Weaknesses in Internal Financial Reporting Controls"
Litigation News, Winter 2006
01/15/2006 |
| The call comes in on the company ethics line shortly after the year-end results are announced. |
"2005 Legislative Update – Eminent Domain – Public Information Act Expanded To Affect Certain Private Entities"
State Bar of Texas Government Lawyers Section Newsletter, January 2006, Volume 4, Issue 8
01/01/2006 |
| Any non-governmental entity authorized by law to take private property through the use of eminent domain should be aware of a new law that subjects such businesses to the Texas Public Information Act (the PIA). |
"International Law"
01/01/2006 |
| Texas practitioners are keenly aware of significant developments in investment arbitration in Latin America during 2005.
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"Demystifying the IRS Position on Solid Waste Disposal Facilities"
01/01/2006 |
This article explicates the current views of the IRS as they relate to its audits of municipally financed solid waste recycling facilities. |
| 2005 |
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"UK Prime Minister Announces Energy Review — Nuclear Power to be Considered"
12/01/2005 |
| 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. |
"Information on UK/Europe Power Practice"
12/01/2005 |
| 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 |
| 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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"ALI Takes Position on Foreign Judgments (Including Those Against the Media)"
11/14/2005 |
| 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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"'Clone' Derivative Actions: Securities Fraud Claims in Sheep's Clothing?"
Litigation News, Fall 2005
10/15/2005 |
| Outside directors of public companies operate in an increasingly difficult regulatory and judicial environment. |
"The “Federal Settlement Privilege” and Maintaining Confidentiality of Privileged Information Provided to the Government,"
Litigation News, Fall 2005
10/15/2005 |
| These are difficult times for the attorney-client and work product privileges. |
"Lucky 13 - Texas Rules of Judicial Administration Coordinate Mass Tort Litigation"
09/12/2005 |
| 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 |
| 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. |
"Endangerment, Aviall, and CERCLA Administrative Consent Orders — The New Challenges of Managing Hazardous Waste Contamination"
08/17/2005 |
| 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 |
| 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. |
"Confronting Securities Plaintiffs’ Efforts to Circumvent the PSLRA Discovery Stay to Obtain Documents Produced to Third Parties,"
Litigation News, Summer 2003
07/15/2005 |
| 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 |
| In 1915, the Supreme Court approved the reasonable royalty as a remedy for patent infringement in Dowagiac Mfg. Co. v. Minnesota Moline Plow Co. |
"Selecting, Preparing, and Cross-Examining Expert Witness (With Form)"
07/01/2005 |
| Whether the issue is liability, causation, or damages, expert witnesses have become more and more important in recent years. |
"Environmental Legislation Passed by the 79th Texas Legislature"
06/14/2005 |
| 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 |
| 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 |
| 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. |
"The Changing Dimensions of Director Liability Under the Federal Securities Laws"
03/07/2005 |
| 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." |
"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 |
| 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 |
| 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. |
"Are “Expert” Directors Subject to Greater Liability for Breach of Fiduciary Duties?"
Litigation News, Winter 2005
01/15/2005 |
| 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. |
| 2004 |
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"ICSID: Recent Trends in Jurisprudence"
12/09/2004 |
| The International Centre for Settlement of Investment Disputes (ICSID) was founded pursuant to the "Washington Convention" on the Settlement of Investment Disputes between States and Nationals of Other States, 1965. |
"Labor Law For Non-Union Hospitals"
10/22/2004 |
| In the past few months, the National Labor Relations Board has issued several decisions of importance to non-union healthcare employers. |
"New Rules Help Ensure Directors' Independence"
10/04/2004 |
| Corporate directors' independence has long been an issue in corporate governance disputes, but companies and plaintiffsare paying it renewed attention in the two years since Congress passedthe Sarbanes-Oxley Corporate Fraud andAccountability Act of 2002. |
"Moneymakers: The urge to merge strengthens FIVE QUESTIONS WITH BRUCE BILGER"
08/17/2004 |
| To read the article, please click here (pdf).
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"Amendment to U.S. Sentencing Guidelines To Create Culture Of Compliance: Is Your Company Ready?"
07/15/2004 |
| On April 8, 2004, the U.S. Sentencing Commission amended the Organizational Sentencing Guidelines to strengthen the requirements for corporate compliance programs. |
"Parent Company and Shareholder Liability: ‘Piercing the Veil’ of Chinese Corporate Subsidiaries"
07/01/2004 |
| In June 2001, an inspection team from the Shanghai Municipal Administration of Industry and Commerce uncovered 219 so-called 'hollowshell' companies (kongke gongsi). |
"Extending the Reach of the Antitrust Police"
07/01/2004 |
| Published in the July 2004 issue of Mergers & Acquisitions The Dealmaker's Journal. |
"Global Energy Trends and Opportunities"
06/01/2004 |
| Vinson & Elkins has been recognised in recent surveys of industry players as the world’s leading energy law firm. |
"Taxation of an Individual Investor in a Private Investment Fund Exiting an International Project"
05/24/2004 |
| In this report, the authors Timothy J. Devetski and Christopher S. Kippes, work though the detailed federal income tax rules applicable to an individual investor in a fund with indirect business operations outside the United States. |
"Offering Islamic funds in the US and Europe"
05/01/2004 |
| The integration of the Islamic banking industry into the global banking community will inevitably result in greater exposure to legal systems and compliance requirements at various levels of development and complexity. |
"Key Federal Court Rules on Securities Fraud Pleading Standard"
04/30/2004 |
| In a unanimous decision written by Justice Dennis Jacobs, the United States Court of Appeals for the Second Circuit held that plaintiffs alleging knowingly false statements by securities issuers must comply with the pleading standards applied to fraud claims in the federal courts, even if their claims could have been based on negligent conduct. |
"3 Patent Lawyers 2 Years 1 Prisoner"
04/29/2004 |
| "But this is very different when you represent someone and you know you can make a difference between him spending his life in [prison] or getting out," Schuurman says. |
"Discovery Of A Trial Consultant's Communications With A Party Witness"
04/15/2004 |
| Trial consultants are ubiquitous in commercial cases and are used often in other types of litigation. |
"Insuring Punitive Damages In Texas: The Debate Continues"
04/15/2004 |
| In 1998, a Texas federal court held that the new punitive damages standard established by the Texas Supreme Court in Transportation Insurance Co. v. Moriel, 879 S.W.2d 10 (Tex. 1994), rendered punitive damages uninsurable as a matter of public policy. |
"The Need for Guidance on the Portfolio Interest Exemption"
03/18/2004 |
| This report was prepared by individual members of the American Bar Association Section of Taxation’s Committee on U.S. Activities of Foreigners & Tax Treaties of the Section of Taxation and first appeared in the March 29, 2004 issue of Tax Notes. |
"Recent and Developing Trends in U.S. Energy Markets"
03/01/2004 |
| 2003 began as a year of continued uncertainty in the US energy market. |
"Sarbanes-Oxley Act has Applications for the 'Good Samaritan,' Too"
02/06/2004 |
| The American Competitiveness and Corporate Accountability Act of 2002, commonly known as the Sarbanes-Oxley Act, was watershed legislation that had a broad impact on corporate America. |
"Company Focus - 7 low-risk cash cows yielding 6%"
02/04/2004 |
| Little-known vehicles called master limited partnerships offer investors a piece of the action in energy and pipelines, steady cash flow and growth potential. |
"Martha Stewart's Explanations of Innocence: Securities Fraud or Protected Speech"
02/01/2004 |
| The flood of publicity about the investigation and the prosecution of Martha Stewart, all-purpose public figure, media personality, and authority on all things domestic, runs the risk of obscuring a serious issue at the intersection of the securities laws and the First Amendment. |
"Are Class Action Settlements Ever Truly Final?"
01/15/2004 |
| In 2001, nearly 20 years after chemical manufacturers paid $180 million to settle the Vietnam-era Agent Orange class action, the Second Circuit held that the 1984 class settlement was not binding on two class members whose injuries did not become apparent until the late 1990s. |
"Securities Enforcement Spotlight on Mutual Funds"
Litigation News, Winter 2004
01/15/2004 |
| Mutual funds provide an economical way for the average investor to obtain professional money management services and diversification of investments like sophisticated investors receive. |
"Good Advice, Hard Knocks Teach Trial Lawyer Skills"
01/05/2004 |
| Watching other lawyers work is always informative, as we all copy some from others. |
"Environmental Enforcement Developments in 2003"
01/01/2004 |
| Despite a change in the presidential administration in 2001, the U.S. Environmental Protection Agency’s (EPA’s) enforcement activity continues at the pace of the late 1990s. |
