The United States Department of Justice launched a one-year pilot program, effective April 5, 2016, incentivizing companies to disclose facts about corporate officers, supervisors, employees, and agents involved in violations of the Foreign Corrupt Practices Act, 15 U.S.C. §§ 78dd-1, et seq. The FCPA makes it a crime for a U.S. citizen or entity, among others, to bribe a foreign official to gain a business advantage ...
The Department of Labor issued an opinion letter that provides guidance to employers paying exempt employees an hourly wage or other extra compensation in addition to a guaranteed weekly salary.SeeU.S. Department of Labor, Wage and Hour Div., Opinion Letter (Fair Labor Standards Act), FLSA2018-25 (Nov. 8, 2018) (“Opinion Letter”) ...
Although the data for San Francisco Bay Area remains encouraging for the first quarter of 2020*, given the economic instability brought by COVID-19, we might see more down rounds going forward. Down rounds are financings where the company is valued less than in a previous round. In practical terms this means that the new investors are buying shares of the company at a lesser price than the previous investors ...
With the steep collapse of oil and gas prices in the last eighteen months, dozens of exploration and production companies have declared bankruptcy and many more companies are expected to file for bankruptcy protection unless prices rebound dramatically ...
In August 2016, we reviewed publicly available data for a group of 58 E&P companies and predicted how they would fare under the leverage test that had, at the time, recently been introduced by the OCC.Based on that review, we predicted that, in 2016, over 91 percent of the companies reviewed would be non-passing credits under the OCC’s leverage test. The average leverage ratio of the E&P companies reviewed in 2016 was 6.0x ...
Times are tough, very tough, for many mid-cap and small-cap exploration and production (“E&P”) companies. Crude oil prices have fallen from more than $100/barrel in July 2014 to a twelve-year low of less than $30/barrel in January 2016. Natural gas prices are at a three-year low. The growing consensus is that depressed prices will experience a slow recovery that may continue into the 2020s ...
In two recent decisions, the Tax Court issued rulings that could impact the effectiveness of family limited partnerships in estate planning. For the first time, the Tax Court held that assets of a limited partnership could be taxed as part of the estate of a decedent who held only a limited partnership interest ...
This alert describes certain information regarding the recently filed bankruptcy case of Emerald Oil, Inc. and is an example of current developments in the energy industry.Emerald Oil, Inc. and its subsidiaries (collectively referred to as the “Debtors”) filed voluntary petitions for relief under Chapter 11 of the U.S ...
Employee Benefits Newsletter March 31, 2020 Authored by: Alexis Blair, Cathy Currie, Kirsten Garcia, Jesse Gelsomini, Brian Giovannini, Tyler Hubert, Chris Kang, Charles Plenge, Scott Thompson, Tiffany Walker, and Susan Wetzel EMPLOYEE BENEFIT/EXECUTIVE COMPENSATION CHANGES MADE BY THE CARES ACT On March 27, 2020, Congress passed the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) ...
So long as COVID-19 remains a pandemic, every employer must face the new reality that there is a good chance an employee will test positive for COVID-19. Employers should consider the following checklist when handling an employee testing positive for COVID-19: Treat positive test results and “suspected but unconfirmed” cases of COVID-19 the same. If the source of infection is known, identify if it was at the workplace or outside ...
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 ...
In its continuing efforts to slow the spread of COVID-19, on April 3, 2020, the Centers for Disease Control and Prevention (“CDC”) recommended that the general public wear, on a voluntary basis, “cloth face coverings in public settings where other social distancing measures are difficult to maintain (e.g., grocery stores and pharmacies) especially in areas of significant community-based transmission” of coronavirus ...
In a landmark victory for employers, the Supreme Court of the United States held that agreements requiring employees to arbitrate claims on an individual basis are enforceable. The case, Epic Systems Corp. v. Lewis,1 consolidated three different cases on appeal from the Fifth Circuit, Seventh Circuit and Ninth Circuit ...
In a landmark victory for employers, the Supreme Court of the United States held that agreements requiring employees to arbitrate claims on an individual basis are enforceable. The case,Epic Systems Corp. v. Lewis,1consolidated three different cases on appeal from the Fifth Circuit, Seventh Circuit and Ninth Circuit ...
On March 18, 2020, President Trump signed into law the Families First Coronavirus Act that aims to provide emergency supplemental relief to Americans affected by the novel coronavirus (COVID-19) outbreak.The Act, among other things, aims to provide such relief by addressing three employment-related areas: (1) emergency paid sick leave to employees, (2) emergency leave under the Family and Medical Leave Act, and (3) support for unemployment insurance ...
The UKCS is the largest decommissioning market in the North Sea. There are around 475 fixed facilities, over 10,000 kilometres of pipeline and approximately 5,000 wells. These will all need to be decommissioned over the next 30 years, when they reach the end of their economic life, at an estimated cost of £59.7 billion ...
2018 Summer Associate Molly Barham contributed to this alert. Two years ago, right after crude oil prices hit rock bottom in the middle of the worst downturn for U.S. producers since the 1980s, the Office of the Comptroller of the Currency (“OCC”) revised its Handbook for Examination of Oil and Gas Exploration and Production Lending (“E&P Handbook”) ...
Does the Covid-19 pandemic (or actions taken to counter the spread of Covid-19) constitute a Force Majeure in a refit/ repair contract? Is there any implied right of relief for the contractor or the owner? Under English law, unlike civil law systems, a force majeure is neither defined nor automatically applicable to commercial contracts ...
Does the COVID-19 pandemic (or actions taken to counter the spread of COVID-19) constitute Force Majeure and is there any implied remedy (e.g. implied force majeure relief) arising as a result of the COVID-19 pandemic? Under English law, unlike civil law systems, force majeure is neither defined nor automatically applicable to commercial contracts ...
Under English law, unlike civil law systems, a force majeure is neither defined nor automatically applicable to commercial contracts ...
Many regulated entities are struggling to comply with certain environmental reporting, monitoring and settlement agreement requirements because of the impact of shelter in place orders, supply chain disruptions, and social distancing requirements relating to the COVID-19 pandemic response ...
Responding to a Supreme Court mandate, the Environmental Protection Agency (“EPA” or “the Agency”) yesterday published a final supplemental finding that it is necessary and appropriate to regulate hazardous air pollutants emitted from coal- and oil-fired power plants under Section 112 of the Clean Air Act. 81 Fed. Reg. 24,420.Read the full alert ...
On May 12th, EPA issued two rules that will significantly impact the oil and gas industry nationally. The first rule, an outgrowth of the President’s Climate Action Plan, establishes new source performance standards (“NSPS”) to curb emissions of methane, as well as volatile organic compounds (“VOCs”), from new natural gas and oil well sites and from new natural gas production gathering and boosting stations, processing plants, and transmission compressor stations ...
In the late 1980s, stories of garbage hauled in the same trucks regularly used to transport fruits and vegetables caused public outrage. Outbreaks of foodborne illnesses, including a salmonellosis outbreak that affected 224,000 consumers, have been attributed to contamination of transportation vehicles. Recently, a major U.S. foodservice distributor was penalized after its practice of storing seafood, milk and raw meat in unrefrigerated sheds was uncovered ...
ESG—environmental, social, and [corporate] governance—is the focus of socially responsible investing, reflecting the notion that corporations should serve the interests of not only their shareholders, but of all their stakeholders. This paper suggests NEPA’s EIS process provides a possible go-by for corporate decision-makers to use in ensuring that their ESG policies consider the big picture--the cons as well as the pros of their ESG policies ...
