Lessons for Sellers in Contracting with Emerging Market Buyers: The “Three R’s” to Structuring Payment Security Provisions -
The recent rebound in the international energy industry is being driven, at least in part, by a...more
6/18/2018
/ BSEE ,
Cloud Computing ,
Energy Policy ,
Energy Sector ,
Exports ,
FERC ,
Joint Comprehensive Plan of Action (JCPOA) ,
Migratory Bird Treaty Act (MBTA) ,
Natural Gas ,
Oil & Gas ,
Pipelines ,
Proposed Rules ,
Trump Administration ,
Well Drilling
On May 25, 2018, the United States Court of Appeals for the Second Circuit (the “Court”) affirmed a district court’s affirmance of a bankruptcy court’s decision in In re Sabine Oil & Gas Corp. that permitted a debtor to...more
On May 25, 2018, the United States Court of Appeals for the Second Circuit (the “Court”) affirmed a district court’s affirmance of a bankruptcy court’s decision in In re Sabine Oil & Gas Corp. that permitted a debtor to...more
Courts Hold Clean Water Act Regulates Discharges through Groundwater, as Congress and Regulators Consider Responses -
The Ninth Circuit and Fourth Circuit have joined a growing number of lower courts finding that the...more
5/14/2018
/ Clean Water Act ,
Energy Sector ,
Greenhouse Gas Emissions ,
Groundwater ,
Infrastructure ,
Insurance Industry ,
Liens ,
Mexico ,
Oil & Gas ,
Oil Wells ,
Private Funds
The ATP Oil & Gas Corporation bankruptcy case (Case No. 4:12-bk-36187, S.D. Texas) (“ATP”) involved the intersection of energy and bankruptcy law on a variety of issues. Most recently, the Fifth Circuit Court of Appeals...more
Practical Issues Under Joint Operating Agreements Relating to Withdrawals, Transfers and Changes in Control -
In light of their long term objectives and potential future transactions, parties should consider the...more
8/5/2017
/ Africa ,
Appeals ,
Canada ,
Commercial Bankruptcy ,
Condition Precedent ,
Downstream Agreements ,
Energy Sector ,
Joint Operating Agreement ,
Jury Verdicts ,
Liens ,
Liquid Natural Gas ,
Oil & Gas ,
Reversal ,
Sale of Assets ,
Uniform Commercial Code (UCC)
On July 19, 2017, the U.S. Court of Appeals for the Third Circuit (the “Court”) issued an opinion, upholding a district court’s ruling that downstream purchasers took oil purchased from a bankrupt intermediary, SemGroup L.P....more
Navigating Private Equity Fund Limitations for Energy Infrastructure-Focused Investments -
Energy infrastructure funds have emerged as a class of funds that offer investors the potential for long-term stable returns, as...more
5/9/2017
/ Argentina ,
Bankruptcy Court ,
Energy Sector ,
Infrastructure ,
Keystone XL Pipeline ,
Liquid Natural Gas ,
Made in the USA ,
Oil & Gas ,
Presidential Permit ,
Private Equity Funds ,
Public Private Partnerships (P3s) ,
Renewable Energy ,
Russia ,
Saudi Arabia ,
TransCanada ,
Trump Administration ,
U.S. Commerce Department
On March 10, 2017, the United States District Court for the Southern District of New York (the“Court”) affirmed on appeal a bankruptcy court’s prior decision in In re Sabine Oil & Gas Corp. that permitted a debtor to reject a...more
On March 10, 2017, the United States District Court for the Southern District of New York (the “Court”) affirmed on appeal a bankruptcy court’s prior decision in In re Sabine Oil & Gas Corp. that permitted a debtor to reject...more
Implementing Islamic Financing for Renewable Energy Projects -
The Middle East and North Africa (MENA) region has recently seen a surge of interest in developing renewable energy, in particular solar energy projects. Led...more
9/20/2016
/ Acquisitions ,
Bankruptcy Code ,
BOEM ,
Coal Industry ,
Covenants that Run With the Land ,
Due Diligence ,
Energy Sector ,
Feed-in-Tariffs ,
Financial Institutions ,
Middle East ,
Midstream Contracts ,
Offshoring ,
Oil & Gas ,
Power Purchase Agreements ,
Renewable Energy ,
Risk Management
In previous Energy newsletters, we have addressed one of the current hot topics in E&P bankruptcy cases – rejection of midstream contracts and declaratory relief that the “dedications” contained in those agreements are not...more
By now, both producers and midstream companies are aware of the Bankruptcy Court decisions in the Sabine bankruptcy proceedings (i) rejecting the gas gathering agreements as executory contracts and (ii) determining that the...more