Insights Search

This program will give an update on emerging threats, security tools to mitigate those threats, and walk step-by-step through a recent ransomware attack.

On October 15, 2024, the Department of Defense (“DoD”) released its final rule (the “Final Rule”) formally establishing the Cybersecurity Maturity Model Certification (“CMMC”) program, nearly three years after first announcing its plan for the initiative.

In this program, we will focus on SEC developments affecting, and practical aspects of preparing for, public companies’ annual meetings and annual reports.

On November 14, 2024, a panel of the U.S. Court of Appeals for the Fifth Circuit affirmed the SEC’s ability to intervene in shareholder proposals under Rule 14a-8 of the Securities Exchange Act of 1934 (“Rule 14a-8 Proposals”).

On November 8, 2024, the U.S. Securities and Exchange Commission (“SEC”) announced a settled enforcement action (the “SEC Order”) against Invesco Advisers, Inc. (“Invesco”), an investment advisory firm, for making misleading statements concerning the company-wide percentage of assets under management (“AUM”) that integrated environmental, social and governance (“ESG”) factors in investment decisions.

On November 14, Vinson & Elkins hosted an Energy Regulatory Conference in its Houston office.

The Financial Crimes Enforcement Network (“FinCEN”) has announced temporary relief measures for reporting companies affected by recent hurricanes in the Southeast, providing additional time to comply with Beneficial Ownership Information (“BOI”) reporting requirements under the Corporate Transparency Act (the “CTA”) (see our update and summary here). FinCEN’s relief grants an extra six months for reporting companies that meet the specific criteria outlined below.

On November 5, 2024, the U.S. District Court for the Central District of California denied a motion for summary judgment that sought to declare SB 253 and SB 261 (the “California Climate Laws”) invalid on their face under the First Amendment for compelling political speech.

On September 1, 2024, a notable change occurred in the Texas legal landscape with the official launch of the new Texas Business Courts. Created through House Bill 19, which was signed into law on June 9, 2023, these 11 civil courts aim to provide a specialized venue for trials, specifically those resolving significant, complex commercial disputes. They also seek to streamline cases away from the burdened district courts.

Internal investigations are key to good corporate governance when a board of directors is presented with credible allegations of misconduct.

On October 17, 2024, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued an Order on Remand (the “Order”) following the D.C. Circuit’s August 2022 decision in MISO Transmission Owners v. FERC, addressing FERC’s Return on Equity (“ROE”) methodology that has been in flux for over a decade.

On October 14, 2024, California Governor Gavin Newsom signed into effect ABX2-1, which was developed and passed in a special legislative session.