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Publications & Presentations

We encourage you to peruse this Publications & Presentations section for timely analysis and industry insights, including bylined articles, client alerts, white papers, practice and industry newsletters, audio and video broadcasts, featuring interviews with our lawyers, as well as case studies highlighting compelling legal challenges our clients have faced.

Also, please visit our Events page to learn more about upcoming seminars, CLE programs, and other presentations which may be of interest.

Recent Publications


2/23/2017
The Texas Supreme Court Clarifies “Common Carrier” Status Criteria
Authors: Anthony P. Raven, Olivia Matsushita, Andrew R. White

Takeaways

  • The Texas Supreme Court has clarified the criteria for “common carrier” status.
  • Affected private landowners will still be able to challenge a CO2 pipeline owner’s self-designation as a common carrier.

February 2017
FCC Enforcement Monitor
Authors: Scott R. Flick, Jessica T. Nyman, Joseph A. Cohen

Headlines:

  • FCC Proposes $25,000 Fine Against Individual for Operating a Pirate Radio Station
  • FCC Admonishes Wireless Carrier for Data Breach
  • Telecommunications Relay Service Providers Agree to $9.1 Million Settlement

2/22/2017
Trump’s Executive Order on Ethics
New mandate revokes Obama’s order and borrows similar language, while adding a lengthy revolving-door sentence for his appointees.
Authors: Emily B. Erlingsson, Kathryn E. Donovan, Anita D. Stearns Mayo

Takeaways

  • Trump’s Executive Order on Ethics Commitments by Executive Branch Appointees supersedes and revokes Obama’s Executive Order.
  • It requires appointees to sign a similar Ethics Pledge relating to receipt of gifts from lobbyists and lobbying organizations as well as revolving-door restrictions.

2/21/2017
Taking Credit for Subcontractor Past Performance
GAO clarifies when an agency may decline to evaluate a proposed subcontractor’s past performance references.
Authors: John E. Jensen, Alexander B. Ginsberg

Takeaways

  • Procurements under FAR Part 8 are subject to a different default rule than FAR Part 15 procurements, GAO rules.
  • Absent clear direction from the solicitation, an agency conducting a Part 15 procurement must consider significant subcontractors’ past performance references, while an agency conducting a Part 8 procurement has discretion to disregard such references.
  • Offerors may wish to seek clarification if a solicitation is not clear regarding whether the agency will evaluate subcontractor past-performance references.

2/21/2017
Phishing for W-2s: IRS Warns of Expanding Cyber Scam 
Authors: Catherine D. Meyer, Kathryn A. Nyce

Takeaways

  • W-2 phishing scams are on the rise, and any organization with employees is a potential target.
  • Falling prey to the scam can lead to class actions from employees and their family members whose personally identifying information is disclosed.
  • There are preventative measures that can be taken to reduce the likelihood that a data breach will occur.

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