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Stock Option Exchanges and Repricings 03/02/2010 V&E Employee Benefits and Executive Compensation E-communication, March 2, 2010   Due to the turn of events in the financial markets in 2008 that resulted in the downward movement of stock prices, many public companies have found their outstanding stock options underwater. New Rules Allow Expedited Arbitration Before a Delaware Court of Chancery Judge or Master 03/01/2010 V&E Legal Update E-communication, March 1, 2010   The Delaware Court of Chancery recently adopted new rules that give potential litigants an expedited means for resolving certain high-dollar business disputes in arbitration before a sitting Chancery Court judge or master.  SEC v. Cohmad: Defendants Prevail in Battle of Inferences 02/26/2010 First published in Securities Litigation Insights, Issue 2, Winter 2010   In one of the first significant decisions rendered in litigation arising out of the Madoff Ponzi scheme, Judge Louis Stanton of the U.S. District Court for the Southern District of New York dismissed securities fraud claims brought by the Securities and Exchange Commission (SEC) against Cohmad Securities Corporation (Cohmad), its Chairman and CEO Maurice Cohn, its President and COO Marcia Cohn, (Cohmad and the Cohns collectively, the “Cohmad Defendants”), and its former Vice President Robert Jaffe (collectively, “Defendants”). Securities Class Actions and Life Sciences Companies 02/25/2010 First published in Securities Litigation Insights, Issue 2, Winter 2010   Life sciences companies are frequent targets of securities class actions. There likely are many reasons for this, including the fact that these companies are often characterized by uncertainty in terms of product development and viability, occasional volatile stock prices, a need for lengthy testing and government approval processes for their products, young management teams, and products with enormous potential for future revenue generation but serious risk of failure to come to market. Class Certification in Securities Litigation – The New Tipping Point 02/24/2010 First published in Securities Litigation Insights, Issue 2, Winter 2010   With the heightened pleading standards imposed by the Private Securities Litigation Reform Act (PSLRA) and the attention given to pleading standards by the Supreme Court and the Court of Appeals, many litigants began to view the motion to dismiss stage as the tipping point in a securities fraud class action lawsuit. EPA Administrator Jackson Announces Intention to Delay Stationary Source Permitting Requirements for Greenhouse Gas Emissions 02/24/2010 V&E Environmental Law Update E-communication, February 24, 2010   Late last week, eight Democratic senators expressed in a letter to EPA Administrator Lisa Jackson their economic and energy security concerns relating to the potential regulation of greenhouse gas (GHG) emissions from stationary sources under the Clean Air Act (CAA). The Upcoming Explosion of Hidden Fee Litigation 02/23/2010 First published in Litigation News, Winter 2010   A typical 401(k) plan offers an array of mutual funds as investment options under the plan. Each plan participant directs the investment of his or her 401(k) account by selecting from among the various investment options. Masimo v. Tyco – The Ninth Circuit’s Latest Pronouncement on Bundling 02/22/2010 First Published in Antitrust News & Notes, January 2010   Masimo Corp. v. Tyco Health Care Group re-affirms that plaintiffs seeking to challenge “bundled discounting,” or the sale of a bundle of goods or services for a lower price than the seller charges for the goods or services purchased individually, as constituting predatory pricing faces a high hurdle in the Ninth Circuit. Ninth Circuit Reverses Itself, Affirms Dismissal of Claims Against Major Oil Companies 02/21/2010 First Published in Antitrust News & Notes, January 2010   A new Ninth Circuit opinion shows that Twombly-style pleadings scrutiny may help energy producers defend antitrust claims premised on common practices such as locational swaps and price reporting. On December 2, 2009, the Ninth Circuit surprisingly reversed its own prior decision and affirmed a district court’s dismissal of a putative antitrust class action against several major oil companies. Proposed Legislation Seeks to Overturn Supreme Court’s Twombly and Iqbal Decisions 02/20/2010 First Published in Antitrust News & Notes, January 2010   In the 2007 antitrust conspiracy case Bell Atlantic v. Twombly, the U.S. Supreme Court held that a complaint failed to state a claim, and therefore could be dismissed under Rule 12(b)(6) of the Federal Rules of Civil Procedure, if it failed to set forth factual allegations sufficient to raise a “plausible” inference that the defendants are liable for the claim. China Exercises New Antitrust Enforcement Powers in Reviewing Panasonic-Sanyo Deal 02/19/2010 First published in  Antitrust News & Notes, January 2010  The conditioned approval late last year of a major merger in the electronics sector by the Anti-Monopoly Bureau of China’s Ministry of Commerce (MOFCOM) may signal that Chinese antitrust regulators are becoming more confident, more sophisticated, and more aggressive in asserting a role in international commerce. The 2009 Amendments to the False Claims Act Add New Firepower to the Government’s Anti-Fraud Arsenal 02/19/2010 First published in Litigation News, Winter 2010   Since its substantial overhaul in 1986, the False Claims Act (FCA) has been the government’s most powerful weapon to combat fraud against the United States. Snapshot of the Regulators and Financial Markets Summit: Working Mechanisms, Limitations and Prerogatives Conference 02/17/2010 Summary of events from the Regulators and Financial Markets Summit, February 15, 2010, Abu Dhabi, UAE   Leading Securities and Commodities regulators and of securities exchanges in the Middle East and Gulf States gathered in Abu Dhabi on Monday, February 15, 2010 at Regulators and Financial Markets Summit: Working Mechanisms, Limitations and Prerogatives, a conference organized in conjunction with the 10th Anniversary of the organization of the Securities and Commodities Authority for the United Arab Emirates (ESCA). A Gift Not To Be Overlooked 02/16/2010 Presented at the 2010 Securities and Regulatory Authorities Summit, February 15, 2010, Abu Dhabi, UAE   The financial market earthquake and resulting economic devastation experienced worldwide in the last two years is nothing short of extraordinary. Many question today whether it has run its full course, or whether additional aftershocks remain in store. Securities Litigation Insights 02/16/2010 Issue 2, Winter 2010   Securities Litigation Insights is a quarterly report concerning recent developments, issues, and matters of interest in securities litigation and securities regulation. Zubulake Revisited and Upgraded: New E-Discovery Opinion Addresses Discovery Conduct 02/15/2010 V&E Electronic Discovery Update E-communication, February 15, 2010   In The Pension Committee of the University of Montreal Pension Plan v. Banc of America Securities, 2010 WL 184312 (S.D.N.Y. Jan. 15, 2010), Judge Shira Scheindlin, author of the original landmark Zubulake opinions, addressed the proper framework for assessing a party’s failure to properly preserve and collect documents when no “egregious examples” of destruction of evidence occurred. Union Organizational Process Under the National Labor Relations Act 02/12/2010 First published by Practical Law Company on its Law Department web service   This Note outlines the union organization process under the National Labor Relations Act, 29 USC § 151-169 (2000) (NLRA). Specifically it describes the causes and early signs of unionizing activity, as well as the process and rules for employers and employees both when a union seeks recognition and in any resulting election. Project Discovery Highlights 02/11/2010 V&E Energy Update E-communication, February 11, 2010   On 3 February 2010, Ofgem published a report setting out its conclusions from Project Discovery, Ofgem's year-long study of whether the current arrangements in Great Britain (GB) are adequate for delivering secure and sustainable electricity and gas supplies over the next 10 – 15 years. Proposed Repeal of Fossil Fuel Tax Preferences 02/11/2010 V&E Legislative Update, February 11, 2010   On February 1, 2010, President Obama’s administration released its 2011 revenue proposals, some of which would eliminate fossil fuel tax preferences (the “Proposals”). If enacted by Congress, the Proposals would become effective for taxable years beginning after, or costs paid or incurred after, December 31, 2010. An Introduction to DIP Financing 02/09/2010 First published in Practising Law Institute's Course Handbook: Nuts and Bolts of Corporate Bankruptcy, 2009  Once a company becomes a Chapter 11 debtor, any financing arrangement the company wishes to engage in will require authorization under the Bankruptcy Code. An understanding of the authorization needed and of the procedure for getting that authorization is a basic aspect of adminstration that every bankruptcy lawyer must know. Competitive Renewable Energy Zones: How the Texas Wind Industry is Cracking the Chicken & Egg Problem 02/09/2010 First published in the Rocky Mountain Mineral Law Foundation Journal, 2009  The wind industry has grown exponentially in the United States over the last ten years, and in no place is this growth more extensive than in Texas. Wind farms in Texas were erected so quickly and in such great number that the transmission lines quickly became overloaded, resulting in congestion and the curtailment of wind generation. Delaware Court of Chancery Establishes CEO's Right to Advancement of Expenses to Defend Counterclaims in Proceeding Initiated by CEO 02/08/2010 V&E Legal Update, February 8, 2010   The Delaware Court of Chancery recently established a CEO’s right to advancement of expenses to defend against counterclaims asserted by his former corporate employer in an arbitration initiated by the CEO. SEC Issues Guidance on Disclosure Related to Climate Change 02/05/2010 V&E Climate Change E-communication, February 5, 2010   On February 2, 2010, the U.S. Securities and Exchange Commission (SEC) issued an interpretative release to provide guidance to public companies regarding the applicability of the SEC’s existing disclosure requirements to “climate change” issues. U.S. 290/Hempstead Corridor Update 02/03/2010 V&E Condemnation and Land Use E-Communication, February 3, 2010   To keep you informed of developments with the planned expansion of U.S. 290 and Hempstead Highway, we are advising you that the Texas Transportation Commission recently approved the allocation of $314.6 million to begin work on the project. Significant Changes to HIPAA Will Affect Employer-Provided Group Health Plans 02/02/2010 V&E Employee Benefits and Executive Compensation E-communication, February 2, 2010   The Health Information Technology for Economic and Clinical Health Act (the “HITECH Act”), which is part of the American Recovery and Reinvestment Act of 2009 (ARRA), enacted significant changes to the Health Insurance Portability and Accountability Act of 1996 (HIPAA). EPA Effluent Guidelines for Discharges from the Construction and Development Industry to Take Effect on February 1, 2010 01/29/2010 V&E Environmental Law E-communication, January 29, 2010   On December 1, 2009, the United States Environmental Protection Agency (EPA) published a final rule in the Federal Register establishing non-numeric and, for the first time, numeric effluent limitation guidelines (ELGs) nationally on stormwater discharges from construction sites. Litigation News, Winter 2010 01/27/2010 In this issue: Harry Reasoner: A Lifetime of Achievements, The 2009 Amendments to the False Claims Act Add New Firepower to the Government's Anti-Fraud Arsenal, and more. Making Solar Power More Economically Viable: Recent Developments in the Chinese Electricity Market 01/22/2010 First published in Texas Transnational Law Quarterly, September 2009  Recent developments in China indicate that the government is taking steps to make solar power-generated electricity more economically viable for project developers. V&E Climate Change Report 01/21/2010 January 21, 2010 — Issue 13 Vinson & Elkins Briefing — Fourth Quarter 2009 Labor and Employment Law Developments 01/20/2010 V&E Labor and Employment Law E-Communication, January 20, 2010   Significant changes in labor and employment law continued into the fall of 2009. These changes were the result of court rulings, new legislation, and government agency action, described below. Antitrust News & Notes 01/11/2010 January 2010 Tenth Circuit Holds That a Hospital Has No Antitrust Duty to Share Facilities 01/11/2010 First Published in Antitrust News & Notes, January 2010   The recent decision from the Tenth Circuit Court of Appeals in Four Corners Nephrology Assocs., P.C. v. Mercy Medical Center of Durango extends the reasoning of two Supreme Court cases — Pacific Bell and Trinko — to the healthcare antitrust context. FERC Offers Guidance on Enforcement Procedures and Priorities 01/04/2010 V&E Energy Currents E-communication, January 4, 2010   On December 17, 2009, the Federal Energy Regulatory Commission (FERC) issued two new orders related to enforcement proceedings. In the Policy Statement on Disclosure of Exculpatory Materials (Policy Statement), FERC formalizes its policy regarding disclosure of potentially exculpatory materials to parties under investigation.   << Back to Top Site Map    Contact Us    Extranet    Disclaimer & Legal Notice     ©1999-2010 Vinson & Elkins LLP		RSS Publications Search Lawyer Name Practice/Industry Any Practice/Industry Accounting Firm Representation Admiralty and Maritime Antitrust Appellate Arbitration and ADR Asia Pacific Aviation and Airlines Biotechnology and     Pharmaceutical Capital Markets and Securities CFIUS China Class Actions and     Multi-District Litigation Climate Change Climate Change Regulation Commercial and Business     Litigation Condemnation and Land Use Construction Litigation Corporate Governance and     Compliance Director and Officer Liability Dispute Resolution -     International Employee Benefits and     Executive Compensation Energy Energy Regulation Energy/Oil and Gas Litigation Environmental Litigation and     Regulation ERISA Litigation Export Controls and Economic     Sanctions False Claims/Qui Tam     Litigation Federal Income Tax Federal Public Policy Finance Financial Institutions     Litigation Foreign Corrupt Practices Act Government Contracts     Litigation Government Contracts     Regulation HIPAA Infrastructure Insurance Coverage Litigation Intellectual Property     Counseling Intellectual Property     Licensing Intellectual Property     Litigation Intellectual Property     Prosecution International Dispute     Resolution Iraq Islamic Finance and Investment Labor and Employment Latin America Legal Malpractice London/Europe Mass Torts Master Limited Partnerships     (MLPs) Media Litigation Mergers and Acquisitions Middle East and North Africa North Sea Outsourcing Private Equity Products Liability Project Finance and     Development Public Finance/Municipal Bonds Real Estate Restructuring and     Reorganization Russia/CIS Securities Litigation and     Enforcement State and Local Tax Structured Finance Syndicated Finance Tax Litigation Tax-Exempt Organizations and     Finance Technology Telecommunications Texas Legislative Texas Regulatory White Collar Criminal Defense Wills, Trusts, and Estates       Learn More About Stimulus Act Insights – Information on and analysis of legal issues V&E Joins Forces with Project for Attorney Retention (PAR)  V&E Presented with Alfred Sloan Award for Business Excellence in Workplace Flexibility     Learn More About Rankings Diversity V&E Scholarships  V&E First Principles  Community/Pro Bono  Follow us on