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Corporate and Financial Weekly Digest - Volume XI, Issue 41

SEC/CORPORATE – SEC Division of Corporation Finance Issues Five Additional C&DIs Relating to Pay Ratio Disclosure Rule – On October 18, the Securities and Exchange Commission’s Division of Corporation Finance...more

Louisiana State Mechanics’ Lien Law Trumps Parties’ Contract Terms

With U.S. oil and gas prices dipping low over the past year and a half, a large number of companies have declared bankruptcy. In the next year and a half, it is forecasted that more companies who are limping along, may seek...more

Mining in the Kingdom of Saudi Arabia — An Overview

Sector Profile - Covering two million square km, the Kingdom of Saudi Arabia is the largest country by landmass in the Middle East and the 13th largest in the world. The Kingdom’s geology gives it an abundance of natural...more

Green Bond Assessments

“Green Bonds” are a relatively new trend in the bond market. They offer investors an opportunity to invest in “green projects” that help mitigate climate change. Categories of green projects include renewable energy, energy...more

Mining Initial Public Offering Guide

Canada’s world leading mining capital markets offer a wealth of opportunity, with their access to local and global natural resources, finance opportunities for companies at all stages, and sophisticated technical know-how....more

Managing Risks in Acquisitions from Financially Challenged Sellers in the Resources & Energy Sector

Impact of Low Commodity Prices - After a decade long boom in the resources and energy sector, prices across almost all commodities declined from 2012, with particularly sharp declines during 2015 and into 2016, as supply...more

NHPUC considers PSNH divestiture auction format

As the New Hampshire Public Utilities Commission prepares for an auction of the state's largest utility’s generating assets, its auction advisor J.P. Morgan has recommended a broad public auction of the assets, using a two...more

Recent FERC Settlements Demonstrate Agency’s Continued Pursuit of Individual Trader Liability—But Also Include Rare Downward...

Key Points - - FERC continues to focus on “related-position” manipulation cases—this time involving bidweek trading to influence the value of related financial positions. - FERC aggressively pursues market...more

Mitigating Private Equity Investment Risk in the Oil Patch

Despite the current slump in oil prices, there has been a general uptick in private capital flowing into the oil patch. With the view that the worst is behind us and that prices have settled relatively, many of the biggest...more

The Cost of Clarity: IRS Issues Regulations Addressing Proper Treatment of Code Section 50(d) Income

On July 21, 2016, the IRS issued long-awaited regulations under Section 50 of the Internal Revenue Code (the “Code”) clarifying the manner in which “Section 50(d) Income” is to be recognized in lease pass-through investment...more

CSA Releases Results of Annual Continuous Disclosure Review Program

The Canadian Securities Administrators (CSA) have released CSA Staff Notice 51-346 Continuous Disclosure Review Program Activities for the fiscal year ended March 31, 2016 (Notice), summarizing the results of its members’...more

Dentons Global Energy Summit 2016 Analysis

On 17 May 2016, Dentons' third annual Global Energy Summit brought together key industry leaders to discuss current challenges facing the energy sector and the opportunities arising from them. Over 200 delegates and 50...more

Will PPPs Provide the Catalyst for Waste to Energy Projects in the GCC?

Recent activity in the waste management sector in many Gulf Cooperation Council (GCC) countries suggests that governments in the region are starting to look again at waste to energy (W2E) projects. Within the span of 18...more

[Event] Financial Distress in the Energy Sector: Managing Exposure and Leveraging Opportunities - July 14th, Dallas, TX

Please join Locke Lord for a complimentary CLE seminar on current issues affecting the energy ?sector. By leveraging the extensive experience our lawyers bring to the table from the energy ?and restructuring & insolvency, we...more

Global Boardroom Risk Solutions Newsletter

“Risk is sexy?” - Anonymous GC - Not every Director or General Counsel (GC) is likely to describe risk analysis as “sexy” but there is little doubt that risk issues have demanded a board level focus which would have been...more

Accounting for FERC’s Ability to Revoke MBR Authority in Project Financing Agreements

On June 9, the Federal Energy Regulatory Commission (“FERC”) issued an order revoking authority to charge negotiated “market-based” rates (“MBR Authority”) previously granted to several subsidiaries of Berkshire Hathaway...more

Bridging the Week - June 2016 #4

Broker-Dealer Sanctioned US $415 Million by SEC for Violating Customer Protection Requirements: Two Merrill Lynch entities agreed to pay sanctions of US $415 million to resolve charges brought by the Securities and...more

Revised Mining Charter published for comment

On 15 April 2016, the Department of Mineral Resources published the Reviewed Broad-Based Black Economic Empowerment Charter for the South African Mining and Minerals Industry, 2016 (Draft Mining Charter) for public comments....more

Alberta Energy Regulator releases interim measures in response to Redwater Decision

On May 19, 2016, the Alberta Court of Queen’s Bench issued their decision, Redwater Energy Corporation Re, 2016 ABQB 278 (“Redwater Decision”), which we discussed in our recent alert, “Insolvency and energy insights: The...more

The Private Equity Review - France Fifth Edition

The fifth edition of The Private Equity Review comes on the heels of a solid but at times uneven 2015 for private equity. Deal activity and fundraising were strong in North America, Europe and Asia, but the year ended with...more

Delaware Bankruptcy Court Invalidates on Public Policy Grounds a “Golden Share” Provision in LLC Agreement Designed to Limit LLC’s...

In a June 3, 2016 decision, the United States Bankruptcy Court for the District of Delaware (“the Bankruptcy Court”) invalidated, on federal public policy grounds, a provision in the debtor-LLC’s operating agreement that it...more

New Delaware Chapter 11 Filings – Maxus Energy Corporation et al.

Maxus Energy Corporation and four affiliates have filed chapter 11 petitions before the United States Bankruptcy Court for the District of Delaware (Lead Case No. 16-11501)....more

Reform of the law on renewable energy

Although an inadequate and fragmented regulatory framework, caused by a lack of financing, has hindered the development of the renewable energy sector in Morocco for many years, the Kingdom now has one of the most ambitious...more

The Redwater Decision: The Alberta Energy Regulator - Trumped by Federal Bankruptcy Law

In Redwater Energy Corporation (Re, the Alberta Court of Queen’s Bench ruled against the AER, holding certain sections of the Oil and Gas Conservation Act (OGCA) and Pipeline Act inoperative to the extent that if applied...more

Energy Future Holdings Chapter 11 Case – The Largest Game Ever of Texas Hold’em?

The chapter 11 case of Energy Future Holdings (“EFH” or “Debtors”) roared back to life this month. Certain key conditions for the plan of reorganization approved last December (the “First Plan”) to become effective were not...more

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