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BIVA – The New Mexican Stock Exchange
Haynes and Boone, LLP, September 2017

On August 29, 2017, the Mexican Ministry of Finance and Public Credit (Secretaría de Hacienda y Crédito Público) grantedCentral de Corretajes(“CENCOR”) a new concession to operate a new stock exchange in Mexico. This new stock exchange will be calledBolsa Institucional de Valores(“BIVA”). It is anticipated that BIVA will initiate operations in early 2018...

Hurricane Harvey: Checklist for Corporate Insurance Claims
Haynes and Boone, LLP, September 2017

In the days following Hurricane Harvey, tremendous attention has been appropriately placed on individual safety and rescue for the millions affected by the storm’s devastating winds and catastrophic flooding. Now the immediate emphasis for many corporate policyholders has turned to the practical challenge of repairing damaged property and restoring business operations suspended by the storm...

Mexican Ministry of the Environment Publishes Guidelines for Protection and Conservation of Waters in Unconventional Blocks
Haynes and Boone, LLP, September 2017

The Ministry of Energy has announced that before the end of the Peña Nieto Administration on December, 2018, the National Hydrocarbons Commission (CNH) will call the fifth bid of Round 2 (commonly known as Bid 2.5) for the award of exploration and production contracts for onshore blocks, which will include unconventional or shale blocks...

Force Majeure in the Aftermath of Hurricane Harvey
Haynes and Boone, LLP, September 2017

As Hurricane Harvey continues to cause far-reaching disruptions, it is important to understand how to effectively assert or respond to assertions of force majeure. This summary outlines the steps to take to assert force majeure, and initial considerations for those who have received several notices of force majeure from counterparties...

Amendments to the Mexican Securities Markets Regulations
Haynes and Boone, LLP, September 2017

On August 11, 2017, the Mexican Securities and Exchange Commission (Comisión Nacional Bancaria y de Valores, the “CNBV”) published amendments to the Mexican Securities Markets Regulations. The amendments cover a number of topics, including: 1. Changes to Disclosures by Issuers...

Resources for Healthcare Providers in the Aftermath of Hurricane Harvey
Haynes and Boone, LLP, September 2017

Hurricane Harvey has radically impacted every industry in southeastern Texas, including healthcare providers, who continue to analyze potential next steps in ensuring operations can resume so that they can further assist those in need of healthcare services. Below are several links to resources that may be helpful for healthcare providers attempting to navigate through their options...

Hurricane Harvey: TCEQ Guidance for Hurricane Harvey
Haynes and Boone, LLP, August 2017

By August 23, 2017 Proclamation, the Governor of the State of Texas declared that Tropical Depression (now Hurricane) Harvey poses a threat of imminent disaster in 30 counties in and around the Texas coast beginning August 23, 2017. In response, the Executive Director of the Texas Commission on Environmental Quality (TCEQ), in a press release, directed regulated entities to its guidance at https://www.tceq.texas.gov/response/hurricanes...

Hurricane Harvey: Employer Considerations in Office Closures and Reopenings
Haynes and Boone, LLP, August 2017

Whenever emergency situations such as Hurricane Harvey cause office closures and such offices are subsequently reopened, Texas employers must remember several points to stay compliant with employment laws. In general, employees who are classified as exempt from the Fair Labor Standards Act’s minimum wage and overtime provisions must be paid a salary each week...

Hurricane Harvey and Price Gouging: Considerations for Franchisors
Haynes and Boone, LLP, August 2017

In the wake of Hurricane Harvey, franchisors should take action to avoid potential liability for price gouging committed by franchisees in affected areas. Price gouging occurs when a seller increases prices of goods, services or commodities to a level that is exploitive and unethical. Texas law explicitly prohibits price gouging following a natural disaster, and fines for price gouging can be up to $20,000 per violation...

Special Edition Benefits Alert: Hurricane Harvey
Haynes and Boone, LLP, August 2017

IRS provides Retirement Plan Loan and Hardship Distribution Relief for Harvey Victims The IRS has released Announcement 2017-11 providing relief from some of the loan and hardship distribution requirements under qualified retirement plans (including Code Section 401(a) and 403(b) plans) for the period of August 23, 2017 through January 31, 2018. The relief applies to employees or former employees either (i) whose principal residence on Aug...

Hurricane Harvey and Insurance Coverage: Protecting Your Statutory Rights Before September 1st
Haynes and Boone, LLP, August 2017

As Hurricane Harvey continues to sweep the Texas coastline and destroy property in its path, insureds should take action before September 1st to protect their statutory rights and avoid the changes made under House Bill 1774, also referred to as the “Hail Bill,” which take effect September 1, 2017. The Hail Bill adds “Chapter 542A - Certain Consumer Actions Related to Claims for Property Damage” to the Texas Insurance Code...

Trump Administration and Republican Senators Announce Proposed Immigration Legislation: The RAISE Act
Haynes and Boone, LLP, August 2017

On August 2, 2017, President Trump and Senators David Perdue (R-GA) and Tom Cotton (R-AR) announced an immigration bill, which would profoundly amend and re-structure the Immigration Nationality Act...

Mexican Government Announces Key Positions for Upcoming Renegotiation of NAFTA
Haynes and Boone, LLP, August 2017

On July 31, the Mexican Ministry of Commerce submitted to the Senate the Priorities of Mexico in the Negotiations for theModernization of the North American Free Trade Agreement (NAFTA)(the “Position Paper”)...

Mexico: Round Two – Fourth Public Bid
Haynes and Boone, LLP, July 2017

The Mexican government announced, on July 19, 2017, the fourth bid of Round Two. This will be the 14th upstream bid round in Mexico since passage of the energy reform in mid-2014. The new bid round (named Round 2.4) comprises 30 offshore blocks for exploration in the Perdido Belt, the Salina Basin, the Mexican Ranges (Cordilleras Mexicanas), and the Yucatán Platform in the Gulf of Mexico, covering collectively 70,844 km2, with prospective resources of approximately 4...

Attention San Francisco Employers: New City Ordinance Prohibits Asking About or Considering an Applicant’s Salary History
Haynes and Boone, LLP, July 2017

Many employers routinely ask job applicants about their salary or earnings history, either in written job applications, during interviews, or during post-offer salary negotiations. Such activities will soon be prohibited in San Francisco. Earlier this month, the City’s Board of Supervisors voted unanimously to ban employers from asking job applicants about their salary history or from considering such information in determining whether to hire an applicant or what salary to offer...

U.S. Releases its Summary of Objectives for the NAFTA Renegotiations
Haynes and Boone, LLP, July 2017

Like any good negotiator, U.S. Trade Representative Robert Lighthizer, in setting out U.S. objectives for the renegotiation of NAFTA, offered only a glimpse of what the U.S. actually will be pushing for when three-country talks among Canada, Mexico and the United States begin in Washington, DC, on August 16. The U.S...

Attention California Employers: Action Required for Ensuring Compliance with California’s “Day of Rest” Requirements
Haynes and Boone, LLP, July 2017

Under California law, employees are entitled to “one day’s rest therefrom in seven,” unless certain statutory exceptions apply. In Mendoza v. Nordstrom, Inc., 2 Cal. 5th 1074 (2017), the California Supreme Court addressed several ambiguities in the statutory language, giving employers much needed guidance on how to comply with California’s day of rest requirements...

Upcoming Mexico Anti-Corruption Law: What Does it Mean for Companies Doing Business in Mexico?
Haynes and Boone, LLP, July 2017

Two years ago, Mexico began a process to completely change the legal framework regulating anti-corruption in the country. On May 27, 2015, a Constitutional amendment was published in the Official Gazette of the Federation to create the new framework against corruption...

Updates and Highlights in the Mexican Energy Sector, May-June 2017
Haynes and Boone, LLP, July 2017

As part of the implementation of the Mexican energy reform of 2013, several new regulations and administrative guidelines affecting the hydrocarbons and power industries were issued during May and June 2017. These are of particular importance to oil and gas producers, midstream companies, power generators, traders and others looking to invest or expand operations in Mexico’s dynamic energy sector. I. Hydrocarbons May 2, 2017...

Supreme Court Holds that Securities Act Statute of Repose is not Subject to Equitable Tolling
Haynes and Boone, LLP, July 2017

On June 26, 2017, the Supreme Court held in California Public Employees’ Retirement System v. ANZ Securities, Inc., that the three-year time limit in the Securities Act of 1933 is a statute of repose that is not subject to equitable tolling. This means that shareholders will not be able to rely on the filing of a proposed class action lawsuit to suspend the running of a statute of repose on their individual claims...

Making The Most Of Leaner Times: A Contractor’s Guide to Common English Law Issues
Haynes and Boone, LLP, July 2017

Contractors who are managing to continue to operate in the offshore oil and gas sector have had some time to adjust their business models and modes of operation to the new commercial realities resulting from the lower oil price. However, the radically different economic circumstances of recent years continue to manifest themselves in challenging commercial scenarios quite unlike those experienced in the better times when the oil price was significantly higher...

Federal Court Preliminarily Enjoins California Law that Prohibits Reporting Actors' Ages
Haynes and Boone, LLP, June 2017

California Assembly Bill 1687 (“AB 1687”) requires certain entertainment websites to remove a paid subscriber’s date of birth or age information upon request. This law applies to IMDb, the world’s largest online database of information about the entertainment industry...

Latest Development on BOEM’s Program for Financial Assurance Under NTL 2016-N01
Haynes and Boone, LLP, June 2017

On June 22, 2017, BOEM announced that, in light of the recent order of the Secretary of the Interior concerning its recent NTL 2016-N01 establishing a new program for financial assurance for decommissioning liabilities on the Outer Continental Shelf (OCS), it will extend the NTL implementation timeline beyond June 30, except in circumstances where there is a substantial risk of nonperformance of the interest holder’s decommissioning liabilities...

Global Arbitration Review: Offshore Vessel Construction Disputes
Haynes and Boone, LLP, June 2017

Haynes and Boone CDG is proud to feature a chapter in the Second Edition of Global Arbitration Review’s (GAR) Guide to Energy Arbitrations. The Guide to Energy Arbitrations is a widely regarded reference tool for energy companies, their advisers and arbitrators...

The Supreme Court Resolves Key Sections of the Biosimilars Act in Sandoz v. Amgen
Haynes and Boone, LLP, June 2017

In recent months, in a unanimous decision authored by Justice Thomas, the Supreme Court issued its much-awaited decision in Sandoz Inc. v. Amgen Inc. et al., No 15-1039, considering two critical questions in the biosimilar approval mechanisms adopted in the Biologics Price Competition and Innovation Act of 2009 (“BPCIA” or “Biosimilars Act”)...

Portland Rockers Score a Winning Touchdown for the Redskins in Supreme Court Trademark Dispute
Haynes and Boone, LLP, June 2017

On Monday, the Supreme Court issued its decision in Matal v. Tam,1 a high-profile dispute implicating NFL football, Portland dance-rock, and the Lanham Act’s disparagement clause. In its eagerly anticipated decision, the Court, voting 8-0, struck down the Lanham Act’s prohibition on disparaging trademarks as facially unconstitutional under the First Amendment...

Trump Administration Announces New Cuba Policy Reversing Some Obama Administration Measures
Haynes and Boone, LLP, June 2017

On June 17, the Trump Administration announced a new policy on Cuba, partially reversing certain of the market-opening measures that had been adopted by the Obama Administration during its final two years...

The IP Beacon, June 2017
Haynes and Boone, LLP, June 2017

View the PDF version of the June 2017 IP Beacon. Supreme Court Ruling Reigns in Patent Infringement Forum ShoppingBy Brian Kwok and Jason W. Whitney On Monday, May 22, 2017, the U.S. Supreme Court in TC Heartland LLC v. Kraft Foods Group Brands LLC, No. 16-341 unanimously overruled a longstanding Federal Circuit decision that allowed patent infringement suits to be filed in nearly any U.S. state or jurisdiction...

Getting The Deal Through – Shipbuilding 2017: England and Wales
Haynes and Boone, LLP, June 2017

Getting the Deal Through – Shipbuilding is part of the series of Getting the Deal Through law guides published by Law Business Research that provide an overview of specialist areas of the law in a variety of international jurisdictions.It is published annually and the sixth edition, published in June 2017, covers 14 jurisdictions. Leading practitioners from each jurisdiction answer the same key questions...

Brexit Update - Signs of "Regrexit" Following UK General Election?
Haynes and Boone, LLP, June 2017

The shock result in the UK General Election has caused further political and economic upheaval with no single party controlling the House of Commons. Serious questions are now being raised over the UK’s approach to Brexit with negotiations set to commence next week...

New Department of Labor “Fiduciary” Rule Goes Into Effect
Haynes and Boone, LLP, June 2017

After several delays, the Department of Labor’s (the “DOL’s”) final “fiduciary” rule expanding the definition of who is an investment advice fiduciary became effective on June 9, 2017...

Supreme Court Unanimously Holds that SEC Disgorgement is Subject to Five Year Statute of Limitations
Haynes and Boone, LLP, June 2017

A unanimous Supreme Court held on June 5, 2017, that the SEC’s ability to recover funds through disgorgement is subject to a five-year statute of limitations. The SEC routinely seeks disgorgement as an equitable remedy in actions alleging securities law violations and asserted that disgorgement was not a penalty subject to the five year statute of limitations under 28 U.S.C. § 2462...

New Hailstorm Laws in Texas: Five Things That Every Corporate Policyholder Should Know
Haynes and Boone, LLP, June 2017

On, May 27th, Governor Greg Abbott signed into law what has become known as the Texas “Hailstorm Bill...

The Impact of NAFTA Renegotiation on the Automotive Industry
Haynes and Boone, LLP, June 2017

Changes to North American Free Trade Agreement (NAFTA) have been anticipated since the moment of President Trump’s election. When U.S. Trade Representative Robert Lighthizer notified Congress of the Administration’s intent to renegotiate NAFTA, he triggered the 90-day consultation period before formal negotiations can begin...

Supreme Court of Texas Holds that an Operator Can Drill Through an Adjacent Mineral Estate
Haynes and Boone, LLP, June 2017

In a recent decision concerning off-site drilling, the Texas Supreme Court affirmed the San Antonio Court of Appeals1 and held that an oil and gas operator could drill through the mineral estate underlying an adjacent tract of land without the adjacent mineral lessee’s permission. Lightning Oil Co. v. Anadarko E&P Onshore LLC, No. 15-0910, 2017 Tex. LEXIS 463, --- S.W.3d --- (Tex. May 19, 2017)...

Supreme Court: U.S. Patent Rights May Be Exhausted Notwithstanding Post-Sale Restrictions or International Sales
Haynes and Boone, LLP, June 2017

On Tuesday, the U.S. Supreme Court held that United States patent rights are exhausted by the sale of a product by the patentee or its licensee “regardless of any restrictions the patentee purports to impose or the location of the sale.” Impression Prods., Inc. v. Lexmark Int’l, Inc., No. 15 1189, slip op. at 2 (U.S. May 30, 2017). In so doing, the Court reversed the Federal Circuit’s February 2016, en banc decision...

USTR Requests Comments and Schedules Hearing on NAFTA Negotiations
Haynes and Boone, LLP, May 2017

The Office of the United States Trade Representative (USTR) has published in the Federal Register a Notice of a “Request for Comments on Negotiating Objectives Regarding Modernization of the North American Free Trade Agreement With Canada and Mexico.” In the Notice, USTR advises that it will accept written comments by June 12, 2017 and will hold a public hearing at the U.S...

Supreme Court Ruling Reigns in Patent Infringement Forum Shopping
Haynes and Boone, LLP, May 2017

On Monday, the U.S. Supreme Court in TC Heartland LLC v. Kraft Foods Group Brands LLC, No. 16-341 (May 22, 2017) unanimously overruled a longstanding Federal Circuit decision that allowed patent infringement suits to be filed nearly anywhere, even in venues where accused infringers sold no more than a few allegedly infringing products...

Extreme Vetting For Visa Applicants
Haynes and Boone, LLP, May 2017

The Department of State (“DOS”) published in the Federal Register a Notice to implement the presidential initiative for extreme vetting of visa applicants. Emergency review of the DOS proposal has been requested from the Office of Management and Budget (“OMB”). The DOS has requested approval. If granted, the emergency approval would be valid for 180 days, although permanent approval could still be sought...

Is the One Year Time Bar for Filing an IPR Subject to Appellate Review?
Haynes and Boone, LLP, May 2017

On May 4, 2017, the en banc Federal Circuit heard oral arguments in Wi-Fi One, LLC v. Broadcom Corp., Appeal 2015-1944 (Fed. Cir. Sept. 16, 2016) to consider whether the findings of the Patent Trial & Appeals Board (“PTAB”) regarding 35 U.S.C. § 315(b), which governs the timeliness of filing a petition for inter partes review (“IPR”), are subject to judicial review on appeal...

12 Keys to Compliance for Participants in Commodity Markets
Haynes and Boone, LLP, May 2017

In this article we outline 12 key elements that are critical components of a rock-solid compliance program for participants in commodity markets. We start with creating a “culture of regulatory compliance,” which pervades a company from top to bottom, and then work our way through day-to-day policies and steps you can take to minimize your company’s risk of non-compliance...

The Subscription Line is Fine
Haynes and Boone, LLP, May 2017

A recent article in the Financial Times caused some raised eyebrows in the fund finance market by implying that subscription line facilities create substantial risks to banks and investors. The article references a memo on Oaktree Capital’s website by Howard Marks, Oaktree’s co-chairman and founder, in which he discusses some of the perceived costs and risks associated with such facilities. If readers dig into the memo, they will find that Mr...

The Biologics Tango: Reading Tea Leaves on the Patent Dance and Pre-Marketing Notice Requirements
Haynes and Boone, LLP, April 2017

On Wednesday, April 26, 2017, the Supreme Court heard oral argument in Sandoz Inc. v. Amgen Inc. et al., a landmark case that many hope will provide clarity and guidance for consumers and the pharmaceutical industry on the regulatory approval pathway for biosimilar drugs under the Biologics Price Competition and Innovation Act of 2009 (“BPCIA” or “Biosimilars Act”)...

H-1B Visa Program Under Government Scrutiny
Haynes and Boone, LLP, April 2017

The current Presidential Administration has not exempted work visas from its immigration initiatives and focus. On April 18, 2017, President Trump signed an Executive Order designed to protect American jobs (“Hire American”) and products and goods manufactured in the United States (“Buy American”)...

Texas Supreme Court Clarifies Damages Recoverable for Violations of the Texas Insurance Code
Haynes and Boone, LLP, April 2017

The Texas Supreme Court recently held that policy benefits can constitute actual damages for violations of the Texas Insurance Code, clearing up confusion over the damages recoverable for statutory "bad-faith." The Problem Since 1998, Texas policyholders and insurers have faced uncertainty regarding the damages recoverable when an insurer engages in “unfair or deceptive acts or practices” as set forth in Chapter 541 of the Texas Insurance Code. Section 541...

Updates and Highlights in the Mexican Energy Sector
Haynes and Boone, LLP, April 2017

As part of the implementation of the Mexican Energy Reform of 2013, several new regulations and administrative guidelines affecting the hydrocarbons and power industries were issued. These are of particular importance to oil and gas producers, power generators and others looking to invest or expand operations in Mexico’s dynamic energy sector. I. Hydrocarbons March 6, 2017.Ayín-Batsil Farmout...

Haynes and Boone, LLP Labor and Employment Alert: Recent Business Insider Article Highlights Key Takeaways from New York Salary History Bill
Haynes and Boone, LLP, April 2017

A recent article from Business Insider featuring Haynes and Boone, LLP Labor and Employment Partner Jason Habinsky addresses key takeaways from the recently passed New York City bill that restricts employers from asking candidates about their salary history. Useful context includes: Employers should “promptly audit and review their documentation regarding the hiring process” to make sure hiring documentation does not request prohibited information...

Brexit Begins
Haynes and Boone, LLP, April 2017

After 44 years as a member, the United Kingdom (UK) is now officially on the path to leave the European Union (EU). Article 50 On 29 March 2017, the UK triggered Article 50 of the Treaty on European Union by notifying the European Council of its intention to withdraw from the EU. This followed the referendum held in June 2016, where a majority of UK voters opted to leave the EU...

SEC To Require Exhibit Hyperlinks and HTML Format
Haynes and Boone, LLP, March 2017

On March 1, 2017, the Securities and Exchange Commission (the “SEC”) adopted final rules that will require registrants to include a hyperlink to each exhibit identified in nearly all of the registration statements and reports subject to Item 601 of Regulation S-K or under Form F-10 or Form 20-F (the “Final Rule”)...

Employer Compliance in an Era of Heightened Immigration Enforcement: The IMAGE Program
Haynes and Boone, LLP, March 2017

In February 2017, Secretary of Homeland Security John Kelly issued two memoranda providing guidance on the recent Executive Order entitled "Border Security and Immigration Enforcement Improvements." This Executive Order established new policies regarding effective border security and immigration enforcement...

 

 

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