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Reuters is reporting that opponents of two controversial oil pipelines face an uphill battle if they fight construction of the lines.

The report by Joseph Ax relied on experts who commented after the Trump administration issued orders to advance the Keystone XL and Dakota Access projects.

The orders signed by President Trump could revive Keystone XL, which would bring oil from Canada, and Dakota Access, a nearly completed pipeline that was planned to under a lake near a Native American reservation in North Dakota

“Nevertheless, several groups immediately said they would challenge in court any attempt to resume the projects, which have become hot-button political issues at the intersection of environmentalism, Native American tribal rights and energy needs,” writes Ax.

Read the Reuters article.

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Dentons has published the latest edition of its “Government Contracts Legislative and Regulatory Update,” a summary of the relevant changes that took place during December.

Highlights this month include:

• President Obama signed into law legislation which extends and cements whistleblower protection for certain contractor employees
• FAR Council issues final rule amending the FAR in response to injunction of certain Fair Pay and Safe Workplaces rules
• DoD issues class deviation regarding controversial IR&D costs rule
• FAR Council issues final rule mandating privacy training for contractor employees privy to PII

Read the update.

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Among the many subjects to receive President-elect Trump’s attention in coming days are venerable defense contractors and their performance of major systems contracts, points out an article published in Covington & Burling LLP’s Inside Government Contracts.

Sandy Hoe and John Sorrenti write that a president always can pressure high-profile government contractors to “voluntarily” take actions to their detriment and in favor of the government, but what legal tools or contractual remedies are available if a president forces a particular outcome?

“From a purely legal standpoint, however, the Administration’s powers are circumscribed by the remedies available to contractors and challenges that prospective offerors can bring through the bid protest process.” the authors content.

Read the article.

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A majority of chief legal officers at U.S. companies expressed optimism that their business operations will be positively affected when Donald Trump becomes president, according to a survey by legal market research firm Acritas.

The survey found 72 percent of respondents believe their business operations will be impacted as a result of Trump’s election, Bloomberg Law reports. Fifty-six percent of respondents expected Trump to affect their business in a positive way while 44 percent had a negative outlook.

“Most of the positive responses related to a perception that Trump will cut back on the rules and regulations many companies believe hold them back unnecessarily, said Lizzy Duffy, vice president of Acritas US Inc.,” according to the report.

Read the Bloomberg article.

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Online lending companies are seeking to exert more influence in Washington under President-elect Donald Trump and a Republican-controlled Congress, reports Bloomberg.

Lenders are joining lobbying groups working toward laws that will make it easier for them to attract new borrowers and investors as they look for ways to grow and limit future regulatory scrutiny, writes Elizabeth Dexheimer.

Among the groups she cited are the Marketplace Lending Association, consumer lenders Avant Inc. and Affirm Inc. ,as well as student lender CommonBond Inc., backed by former Citigroup Inc. Chief Executive Officer Vikram Pandit. Founding members include LendingClub Inc. and Prosper Marketplace Inc., according to the report.

Read the Bloomberg article.

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Reuters is reporting that Japan’s Takata Corp is expected to plead guilty to criminal wrongdoing as Friday as part of a $1 billion settlement with the U.S. Justice Department over its handling of air bag ruptures linked to 16 deaths worldwide, sources said.

David Shepardson writes that the settlement includes a $25 million criminal fine and $125 million in victim compensation. He added that his sources told him the settlement also will include  $850 million to compensate automakers who have suffered losses from massive recalls.

“The company is poised to plead guilty to wire fraud, or providing false test data to U.S. regulators, according to the sources, who were not authorized to discuss the settlement publicly,” according to the report.

Read the Reuters article.

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Navex Global will present a free webinar discussing how a new administration and anticipated enforcement and regulatory changes will impact third party due diligence programs.

The event will be Thursday, Jan. 26, at 1 p.m. EST (10 a.m. PST).

Topics will include:

• Potential impacts of the Trump administration on compliance
• Changes to FCPA enforcement approaches
• Disgorgement trends
• Yates Memo impacts
• Upcoming regulatory changes

Participants also will techniques and technology to help mitigate political and regulatory turmoil with a risk-based approach to modernizing due diligence.

Speakers will be Michael Volkov, CEO, Volkov Law Group, LLC; and Tim Morss & Chris Bailey, of NAVEX Global.

Register for the webinar.

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Two of the nation’s largest credit reporting bureaus, TransUnion and Equifax, will together pay more than $23 million in fines and refunds to settle charges from a federal consumer watchdog that they misled consumers about the pricing and value of credit products, according to a Washington Post report.

The Consumer Financial Protection Bureau said the companies deceived consumers by suggesting that the credit scores they provided were the same scores used by financial firms to make lending decisions when in fact, the scores “were not typically used by lenders,” reports Jonnelle Marte.

Some of the companies’ products offered as free, or as costing $1, in fact incurred monthly charges adding up to almost $200 a year, the CFPB claimed.

Read the Washington Post article.

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Dismantling President Obama’s financial reform law is not a priority for President-elect Trump’s first 100 days, the author of GOP legislation to undo the law said Thursday, but it is a task for Trump’s first year, reports The Washington Examiner.

Jeb Hensarling, the chairman of the House Financial Services Committee, said he’s discussed ditching the law with Trump, writes Joseph Lawler.

“The president-elect committed to dismantle Dodd-Frank. It’s going to happen in the first year.”

Hensarling has said that some of the law could be dismantled through executive action and more could be undone using budget reconciliation.

Read the Examiner article.

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A recent decision in Perry Bartsch Jr., Constr. Co. v. Dept. of the Int., CBCA 4865, 5071 (December 8, 2016) helps contractors understand the scope and contours of a release of claims in a contract, reports Covington & Burling LLP in an article published in the firm’s Inside Government Contracts blog.

Chase Johnson and Justin Ganderson write that the case offers  important guidance about how to draft a release in an effective and narrow way, and the types of factors that the CBCA will consider when interpreting a release. Bartsch discusses the issue of whether an apparent global release of claims, contained in just one of many contract modifications, can extinguish all potential claims against the government.

The authors describe the case in detail and conclude with three points that contractors can consider to help ensure they are entering into a release that reflects their intention.

Read the article.

Bloomberg BNA will present a complimentary afternoon briefing on DOJ and SEC enforcement trends, new emerging risks, and recent cases that will keep attorneys ahead of the changing landscape, on Tuesday, Jan. 24, from 3:30-6 p.m., with a networking reception to follow.

The event is underwritten by EY and will take place at Bloomberg LP, 120 Park Ave., New York, NY 10165.

Lanny A. Breuer, the Vice Chair for Covington & Burling LLP and one of The National Law Journal‘s 100 most influential lawyers in America, will give a keynote interview at the event.

Experts will discuss:

• Navigating investigations in the new administration, including how to prepare for a pending investigation
• Recent cases and emerging areas of risk in 2017 and beyond
• Technology’s role in global investigations and how to leverage new technologies to implement fraud-prevention rules

Register for the event.

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Democratic leaders of the California Legislature announced Wednesday that they had hired Eric H. Holder Jr., who was attorney general under President Obama, to represent them in any legal fights against President-elect Donald J. Trump, reports The New York Times.

“The decision by the Legislature to retain Mr. Holder, who is now a prominent Washington lawyer, is the latest sign of the ideological battle that may play out over the next four years between this predominantly Democratic state and Washington,” writes Adam Nagourney. “Hillary Clinton, the Democratic candidate for president, defeated Mr. Trump by more than four million votes [in California].”

The report says Kevin de León, Democratic leader of the Senate, said he expected California to challenge Washington on issues including the environment, immigration and criminal justice.

Read the NYT article.

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Dentons has published the latest edition of its “Government Contracts Legislative and Regulatory Update,” a summary of the relevant changes that took place during November.

Highlights of the report include:

• Compromise version of the National Defense Authorization Act for FY 2017 nears completion
• FAR Council issues a final rule requiring representation of contractor greenhouse gas emission disclosures
• BIS issues a final rule to remove arms embargoes against certain countries
• DoD proposes a rule that would increase contractors’ evaluated bid prices by including allowable IR&D expenses

See the complete report.

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Leading Republicans in Congress have vowed that even if they repeal most of the Affordable Care Act early in 2017, a replacement won’t hurt those now receiving benefits, reports NPR.

Reporter Julie Rovner  writes that Republicans will seek to ensure that “no one is worse off,” quoting House Speaker Paul Ryan. “The purpose here is to bring relief to people who are suffering from Obamacare so that they can get something better.”

“But that may be difficult for one big reason: Republicans have also pledged to repeal the taxes that Democrats used to pay for their health law. Without that money, Republicans will have far less to spend on whatever they opt for as a replacement.” writes Rovner.

Read the NPR article.

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An informal guidance from the U.S. Equal Employment Opportunity Commission reminds employers of the commission’s expansive interpretation of what constitutes a reasonable workplace accommodation, reports Seyfarth Shaw LLP in its Employment Law Lookout blog.

Author Bridget M. Maricich advises that employers should continue to meaningfully engage in the interactive process with any employees seeking workplace accommodations for a physical or mental disability and assiduously document those efforts.

“The informal guidance is a useful primer for understanding the EEOC’s expanding stance on employer obligations to provide reasonable workplace accommodations,” she writes.

Read the article.

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The battle over President-elect Donald Trump’s attorney general nominee, Alabama Sen. Jeff Sessions, is heating up ahead of what promises to be a deeply contested confirmation hearing next year, reports NBC News.

“Sessions has a controversial past on issues of race and immigration, including his failed confirmation of a federal judgeship 30 years ago largely because of racially insensitive remarks,” writes reporter Leigh Ann Caldwell. “In the 1980s, Sessions was considered for a Ronald Reagan-appointed federal district judgeship in Alabama, but was blocked by the Senate after a black former deputy, Thomas Figures, accused him of making racially insensitive statements.”

The Senate Judiciary Committee has scheduled confirmation hearings for Jan. 10-11.

Read the NBC article.

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The Wall Street Journal is quoting a Trump transition official as saying that Debra Wong Yang, a former Los Angeles U.S. attorney with close ties to New Jersey Gov. Chris Christie, is under consideration for nomination as chairman of the Securities and Exchange Commission.

Yang, who was the top federal prosecutor in the central district of California from 2002 to 2006, met with President-Elect Donald Trump on Monday, report Dave Michaels and Sara Randazzo.

Trump has said he would try to roll back landmark financial regulations imposed by President Barack Obama’s administration. “But the choice of Ms. Yang might signal that a Trump administration would be more focused on continuing the Obama-era record of pursuing high-profile investigations of Wall Street,” they write.

Read the WSJ article.

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The Federal Reserve looks ready to raise interest rates, predicts The New York Times.

When the Fed increased its benchmark interest rate late last year after keeping it near zero for seven years, Fed officials were in general agreement that they might raise rates as many as four times in 2016, write Binyamin Appelbaum and Kevin Granville. But their meeting on Dec. 13 and 14 gives the Fed the opportunity to raise rates for the first time this year.

The authors discuss life in a low-interest world and explain that the Fed is wrestling with three big, intertwined questions: How many people want jobs? How low are interest rates? And what damage is done by doing nothing?

Read the NYT article.

Skadden, Arps, Slate, Meagher & Flom’s Energy Regulation and Litigation Group has produced the fourth edition of the Skadden Energy Law Handbook, which includes a summary of recent developments.

On its website, the firm says the handbook contains 16 chapters covering a broad range of issues arising in the context of FERC, CFTC and antitrust regulation of the energy sector (e.g., market manipulation, merger review, electric reliability and open access transmission tariffs, among others).

The updates cover such topics as compliance programs, audits and investigations, criminal and civil penalties, FERC market manipulation enforcement, CFTC regulation, antitrust enforcement, reliability, affiliate rules, natural gas, false statements, and more.

Download the handbook.

Practical Law will present a free 75-minute webinar in which Mark A. Bodron, Baker Botts LLP, Gia G. Norris, Practical Law, Elizabeth A. Gilman, K&L Gates and Judy Hensley, Roberts & Holland, will provide a practical roadmap for counsel to employers on best practices for advising clients on pension and welfare plan overpayments.

The event will be Tuesday, Dec. 6, at 1 p.m. Eastern time. See the registration page for CLE status.

Participants of this program will:

• Review common scenarios in which pension and welfare plan overpayments arise.
• Gain an understanding of the legal framework and correction procedures governing pension plan overpayments, including potentially thorny tax issues that impact your employees.
• Learn practical strategies to protect your clients from the most recent wave of litigation in the self-funded group health plan context.

A brief Q&A session will follow.

Presenters:

Mark A. Bodron, Partner, Baker Botts LLP
Mark Bodron is a partner in the Houston office of Baker Botts. His practice concentrates on the areas of employee benefits and executive compensation. Bodron advises clients on all aspects of qualified retirement plans, including 401(k) plans, ESOPs and cash balance plans, nonqualified plans, stock-based plans and deferred compensation and other executive compensation arrangements, including issues related to Section 409A deferred compensation rules and Section 162(m) performance-based compensation. Bodron’s practice also includes advising clients on health and welfare plan matters, including compliance and reporting issues related to the Affordable Care Act, COBRA and HIPAA. He frequently advises clients on ERISA fiduciary and prohibited transaction matters and represents clients before the IRS, DOL and PBGC on matters related to employee benefits.

Gia G. Norris, Senior Legal Editor, Practical Law Employee Benefits & Executive Compensation
Norris joined Practical Law from Roberts & Holland LLP, where she was a senior employee benefits and executive compensation associate. Previously she was an employee benefits and executive compensation associate at both White & Case LLP and Proskauer Rose LLP. Norris is the Website & Technology Chair of the Employee Benefits Committee of the America Bar Association’s Section of Taxation. She is also a member of the Employee Benefits Committee of the Tax Section of the New York State Bar Association.

Norris received her Juris Doctorate from the University of Pennsylvania Law School and her Bachelor of Arts from Johns Hopkins University in Political Science and Women’s Studies.

Elizabeth A. Gilman, Associate, K&L Gates LLP
Elizabeth Gilman is a litigation associate in the firm’s Houston office. She focuses her practice on commercial disputes and is uniquely qualified in disputes involving the energy sector, especially oil and gas. Her technical education and experience enhances the value of her representation and counsel. She earned her undergraduate degree from Purdue University, majoring in industrial management with an emphasis in manufacturing. Gilman excels in her ability to work with clients and experts in complex fields. Gilman has experience in all phases of the dispute process which allows her to provide comprehensive representation for her clients. She has experience in early dispute management, litigation and arbitration through the appellate process and collection. She has tried cases both in front of a jury and an arbitrator. On behalf of her clients, she brings a high level of experience in energy litigation, and both on-shore and off-shore construction disputes. Gilman’s experience in contract negotiation and drafting further contributes to the value of her representation to her clients. Her experience spans many forums, including mediation, state and federal court, and domestic and international arbitration.

Judy Hensley, Associate, Roberts & Holland LLP
Judy M. Hensley concentrates on a wide variety of employee benefits and executive compensation matters in both the transactional and compliance contexts. She advises on tax, ERISA and other legal considerations relating to employee benefit plans, programs and arrangements, including design, administration and compliance of tax-qualified plans. She has advised clients on ERISA fiduciary matters for investment funds and plan fiduciaries. Her experience includes the structuring and design of equity compensation arrangements, including stock options, stock appreciation rights, restricted stock, restricted stock units, phantom stock, performance shares and LLC/partnership interests (including profits interests) and nonqualified deferred compensation plans, as well as executive employment, severance and change-in-control agreements. She also has advised clients on compensation and benefits issues unique to bankruptcy and restructuring transactions.

Register for the webinar.