Business Organization, Finance & Banking, Energy & Utilities Law

Innovations and Opportunities in Energy Efficiency Finance

by Kendall Bodden, Josh Bushinsky, Charlotte Kim, Randy Lewis, Wendra Liang, Robert O’Connor, Sheridan Pauker, Scott Zimmermann | Wilson Sonsini Goodrich & Rosati on 5/21/2013

In this white paper: - Introduction - Energy Efficiency Finance Structures, New and Familiar, and Negotiating Key Agreements - Energy Savings Performance Contracts (ESPCs) and Applying REITs to Energy...more

Tax-Efficient Capital Vehicles for Unregulated Utilities: REITs, MLPs and Up-Cs Considered

by Nickolas Gianou, David Levy, Sean Shimamoto | Skadden, Arps, Slate, Meagher & Flom LLP on 5/15/2013

Over the last several years, a confluence of political and market developments have made capital for renewable energy projects harder to come by, which has affected the ability of unregulated affiliates of public utilities...more

HB 85 – Act Relating to Public-Private Partnerships

by Mark Herron | Messer & Caparello, P.A. on 4/25/2013

In the wake of the recent recession, a number of states, including Florida, are exploring new and innovative solutions to the problem of insufficient funding for the construction and improvement of public facilities. At the...more

Energy Alert: Deadline Approaches For Energy Company Swap Reporting

by Nate Endrud | Leonard, Street and Deinard on 3/19/2013

The CFTC's Dodd-Frank swap reporting and recordkeeping requirements become mandatory on April 10, 2013, for all persons and companies engaging in swaps. These requirements include the agency's swap data reporting and...more

Congress Approves The American Taxpayer Relief Act Of 2012, Preventing "Fiscal Cliff"

by Christopher Abrams, Alicia Kirkpatrick, D. Scott Lindstrom, William J. Sanders, David N. Zimmerman | Polsinelli on 1/22/2013

After much contention,Congress passed the American Taxpayer Relief Act of 2012, and President Obama signed the legislation on January 2, 2013. The Act avoids automatic sunset provisions that were scheduled to take effect...more

Deryck Palmer on What’s Next for the Energy Sector [Video]

by LEVICK on 12/3/2012

In this LEVICK Daily video interview, we discuss the energy sector’s immediate future with Deryck Palmer, a financial restructuring partner with Pillsbury Winthrop Shaw Pittman LLP. As energy options continue to expand around...more

New Executive Order Expands Iran Sanctions to Cover Foreign Subsidiaries of U.S. Companies

by King & Spalding on 10/12/2012

On October 9, 2012, the President signed a new executive order (“Executive Order”) implementing certain provisions of the Iran Threat Reduction and Syria Human Rights Act of 2012 (now referred to as the TRA). The TRA expanded...more

REGULATORY: FERC: FERC Issues Show Cause Order Against J.P. Morgan Ventures Energy Corporation

by King & Spalding on 10/10/2012

The Federal Energy Regulatory Commission (“FERC”) recently issued an order directing J.P. Morgan Ventures Energy Corporation (“JP Morgan”) to show cause why it should not be found to have violated FERC’s Market Behavior...more

TSXV Provides Guidance on Procedures Relating to Stock Symbol Reservations

by Dentons on 10/8/2012

On October 1, 2012, the TSX Venture Exchange (the “TSXV”) published a Notice to Issuers providing guidance in respect of procedures relating to stock symbol reservations. Effective October 1, 2012 (the “Effective Date”),...more

EU Parliamentary Committee backs tough disclosure rules for extractive companies

by K&L Gates LLP on 9/28/2012

Introduction - On 18 September, 2012, the European Parliament's Committee on Legal Affairs (the "Committee") voted in favour of proposed EU legislation to impose disclosure obligations aimed at deterring corruption by...more

Greater Scrutiny of Corporate Lobbying and Political Activity Underway

by King & Spalding on 9/21/2012

On September 13, 2012, the Center for Responsive Politics (CRP), a nonpartisan, nonprofit research group that tracks and analyzes the effect of money in U.S. politics, unveiled a new feature on its website that provides...more

City of Los Angeles Waste Hauling Takes Big Step to Exclusive Franchise System

by Peter Bauman - Senior Associate at Tharpe &... on 9/20/2012

The City of Los Angeles took another step towards granting exclusive franchises for commercial trash hauling within the City, franchises that would also cover large apartment complexes. Under a plan approved by two City...more

SEC Adopts Payment Disclosure Rules for Resource Extraction Issuers

by Morgan Lewis on 9/20/2012

Most public issuers engaged in the commercial development of oil, natural gas, or minerals must disclose certain payments made to U.S. federal and foreign governments and should implement systems to track these payments....more

District Court Rejects SEC Argument that General Partnership Interests in Joint Ventures Are Securities

by Katten Muchin Rosenman LLP on 9/19/2012

The Securities and Exchange Commission brought an enforcement action against defendant Geodymanics, Inc. and others alleging fraud in connection with four oil and gas exploration and drilling ventures, each of which was...more

No-Action Relief Excludes Tax Blocker Entity from Definition of Investment Company

by Morrison & Foerster LLP on 9/13/2012

On August 30, 2012, the SEC’s Division of Investment Management said that it would not recommend enforcement action if an oil and natural gas company implementing an alternative capital structure did not register as an...more

OSC Requests Comments On Proposed Amendments To Rule 13-502 (OSC Fee Structure)

by Dentons on 8/27/2012

On August 23, 2012, the Ontario Securities Commission (“OSC”) released a request for comments on proposed amendments to Rule 13-502 and Companion Policy 13-502CP, which deals with the OSC’s fees model. The proposed amendments...more

CSA Releases Notice Regarding Use And Disclosure Of Preliminary Economic Assessments

by Dentons on 8/27/2012

On August 16, 2012, the Canadian Securities Administrators (“CSA”) published CSA Staff Notice 43-307 Mining Technical Reports – Preliminary Economic Assessments (the “Notice”). The Notice highlights a number of issues...more

Energy Alert: CFTC Starts Dodd-Frank Compliance Countdown for Energy Companies

by Leonard, Street and Deinard on 8/14/2012

With the publication today of a final rule defining the term "swap" under the Dodd-Frank Act, the Commodity Futures Trading Commission (CFTC) started the countdown to numerous compliance obligations that will affect energy...more

DISPUTE RESOLUTION: International Arbitration: Threats to Investment Protection in the EU Energy Sector by John Gaffney

by King & Spalding on 8/2/2012

This article examines threats to the investment protections afforded by bilateral investment treaties (“BITs”) between EU Member States (“intra-EU BITs”) in the energy sector and suggests ways in which these threats may be...more

Dodd-Frank Living Wills: What You Need to Know Now

by Sarah Brown on 8/1/2012

Financial institutions should undertake Dodd-Frank living will preparation with care....more

Congress Proposes Expanding Master Limited Partnerships to Renewable Energy & Biofuel Projects

by Mintz Levin - Energy & Clean Technology on 6/19/2012

On Friday, June 15, Senator Chris Coons (D-DE) introduced S.3275, the bipartisan “MLP Parity Act,” a bipartisan bill that would amend Section 7704 of the tax code by enabling Master Limited Partnerships (MLPs) to own and...more

FCPA Allegations Involving Customs Clearance in Kazakhstan

by Cadwalader, Wickersham & Taft LLP on 6/14/2012

On June 6, 2012, the Wall Street Journal ("WSJ") reported allegations that Kazakhstan's Karachaganak Petroleum Operating BV ("KPO") and a logistics arm of an international freight provider had authorized improper cash...more

TRANSACTIONAL: Corporate/London: U.K. Commercial contracts - withholding your consent by Hywel Jones

by King & Spalding on 5/17/2012

Suppose you are negotiating an energy production joint venture or other joint agreement (governed by English law). You want to veto certain actions of your counterparty and so propose that these actions cannot be taken...more

CSA Provides Guidance on Disclosure Requirements related to Prospectus Exemptions

by Dentons on 5/9/2012

On April 26, 2012, the Canadian Securities Administrators (“CSA”) published two staff notices addressing disclosure requirements related to the prospectus exemptions found under National Instrument 45-106 – Prospectus and...more

Chicago Adopts Innovative Infrastructure Trust

by Ballard Spahr LLP on 5/1/2012

Chicago jumped to the forefront of infrastructure financing last week when its City Council voted overwhelmingly to approve the establishment of the Chicago Infrastructure Trust (CIT), a quasi-governmental entity designed to...more

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Business Organization › Finance & Banking › Energy & Utilities Law

Innovations and Opportunities in Energy Efficiency Finance

Tax-Efficient Capital Vehicles for Unregulated Utilities: REITs, MLPs and Up-Cs Considered

HB 85 – Act Relating to Public-Private Partnerships

Energy Alert: Deadline Approaches For Energy Company Swap Reporting

Congress Approves The American Taxpayer Relief Act Of 2012, Preventing "Fiscal Cliff"

Deryck Palmer on What’s Next for the Energy Sector [Video]

New Executive Order Expands Iran Sanctions to Cover Foreign Subsidiaries of U.S. Companies

REGULATORY: FERC: FERC Issues Show Cause Order Against J.P. Morgan Ventures Energy Corporation

TSXV Provides Guidance on Procedures Relating to Stock Symbol Reservations

EU Parliamentary Committee backs tough disclosure rules for extractive companies

Greater Scrutiny of Corporate Lobbying and Political Activity Underway

City of Los Angeles Waste Hauling Takes Big Step to Exclusive Franchise System

SEC Adopts Payment Disclosure Rules for Resource Extraction Issuers

District Court Rejects SEC Argument that General Partnership Interests in Joint Ventures Are Securities

No-Action Relief Excludes Tax Blocker Entity from Definition of Investment Company

OSC Requests Comments On Proposed Amendments To Rule 13-502 (OSC Fee Structure)

CSA Releases Notice Regarding Use And Disclosure Of Preliminary Economic Assessments

Energy Alert: CFTC Starts Dodd-Frank Compliance Countdown for Energy Companies

DISPUTE RESOLUTION: International Arbitration: Threats to Investment Protection in the EU Energy Sector by John Gaffney

Dodd-Frank Living Wills: What You Need to Know Now

Congress Proposes Expanding Master Limited Partnerships to Renewable Energy & Biofuel Projects

FCPA Allegations Involving Customs Clearance in Kazakhstan

TRANSACTIONAL: Corporate/London: U.K. Commercial contracts - withholding your consent by Hywel Jones

CSA Provides Guidance on Disclosure Requirements related to Prospectus Exemptions

Chicago Adopts Innovative Infrastructure Trust

Deryck Palmer on What’s Next for the Energy Sector [Video]

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