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Civil Remedies General Business Energy & Utilities

Read Civil Remedies updates, alerts, news, and legal analysis from leading lawyers and law firms:

Hydraulic Fracture Related Damage Claim: Federal Court Addresses Application of Consent and Release Agreement

A United States District Court (Western District Oklahoma) addressed in an October 10th Order issues associated with a producing vertical well’s claim for damages related to another company’s subsequent installation of a...more

Exclusive remedy clauses: A cautionary tale

by DLA Piper on

Oil and gas suppliers, faced with difficult market conditions, will look to take full advantage of the contractual machinery at their disposal to limit their liability to contractual counterparties. A prime example of that is...more

Transaction Structuring Matters: North Carolina Rejects Third-Party Rooftop Solar Power Purchase Agreements

by Stoel Rives LLP on

A North Carolina appeals court has reminded energy developers in the state of the importance of structuring a transaction so as not to trigger the state’s utility franchise laws. For one unfortunate developer, that reminder...more

FRANCHISEE 101: Squeezed at the Pump

by Lewitt Hackman on

Most dealership and franchise agreements require the franchisor's prior written consent to the transfer of a business from one franchisee to another. The new franchisee is often required to sign the franchisor's then-current...more

A New Day for Louisiana Oil and Gas Lenders?

by Gray Reed & McGraw on

Lenders to Louisiana operators are likely to be reconsidering their business practices in light of Gloria’s Ranch v. Tauren et al. A rather ordinary lease termination suit resulted in the lender Wells Fargo being...more

Federal Court Finds A Continuing Duty Under Louisiana Law To Prevent The Erosion of Pipeline Canals

by Liskow & Lewis on

A recent decision from the Eastern District of Louisiana provides a mixed bag for pipeline companies or others whose operations involve canals. Significantly, the decision from Judge Milazzo holds that during the existence...more

Court of Appeal Upholds Limit On "Pay First, Dispute Later" Principle

by Bennett Jones LLP on

In a recent decision in Talisman Energy Inc v Questerre Energy Corporation, 2017 ABCA 218 [Talisman], the Alberta Court of Appeal upheld the decision of the Court of Queen's Bench, to place limits on the "pay now, dispute...more

Boletín Mensual de Comercio Internacional: Abril - Información con énfasis en la Regulación Comercial y de Arbitraje Internacional

by Holland & Knight LLP on

Durante el mes de abril destacan los siguientes temas: Comercio, Acceso, Propiedad Intelectual, Competencia Económica, Arbitraje...more

The Supreme Court May Review Whether Regulatory Enforcement Actions Seeking Disgorgement are Subject to a Five-Year Statute of...

Federal regulatory agencies, such as the Securities and Exchange Commission (“SEC”), the Commodity Futures Trading Commission (“CFTC”), and the Federal Energy Regulatory Commission (“FERC”), have the authority to impose...more

Delaware Law Updates – The Court of Chancery Determines $2 Billion Dispute Is One for an Independent Auditor to Decide

by McCarter & English, LLP on

In Chicago Bridge & Iron Company N.V. v. Westinghouse Electric Company LLC, C.A. No. 12585-VCL (Del. Ch. Dec. 5, 2016), the Court of Chancery granted a buyer’s motion for judgment on the pleadings, holding that the plain...more

Act Now To Preserve Your Section 1603 Grant

by McDermott Will & Emery on

In Depth - We recently reported that on October 31, 2016, the US Court of Federal Claims issued its opinion in Alta Wind I Owner v. United States, in which the court determined that the value of the property eligible for...more

Court Awards $206 Million to Alta Wind Projects in Section 1603 Grant Litigation; Smaller Award to Biomass Facility

by McDermott Will & Emery on

The US Court of Federal Claims awarded damages of more than $206 million to Plaintiffs/applicants in a case with respect to the cash grant under Section 1603 of the American Recovery and Reinvestment Act of 2009 (Public Law...more

Ohio Supreme Court Rules in Landowner Royalty Case

by Roetzel & Andress on

In a closely watched and long-awaited case with potentially sweeping industry-wide consequences, the Supreme Court of Ohio refused to adopt a default rule regarding deduction of postproduction costs from landowner royalties...more

Court Awards $206 Million to Alta Wind Projects in Section 1603 Grant Litigation

by McDermott Will & Emery on

The US Court of Federal Claims awarded damages of more than $206 million to the Plaintiffs in a case with respect to the cash grant program under Section 1603 of the American Recovery and Reinvestment Act of 2009 (the Section...more

Declinations and Profits Disgorgement – It Was There All Along

by Thomas Fox on

Last week there were two declinations issued by Department of Justice (DOJ) for Foreign Corrupt Practices Act (FCPA) matters. The matters involved two Texas based, privately held companies. The first was HMT LLC (HMT) which...more

Back to the Bulgarian Bad Guy, So Say the Justices

by Gray Reed & McGraw on

My blogging sensei Cordell Parvin says the title should always inform the reader of the content. Mea culpa on this one; I couldn’t resist the alliterations. Some time back I reported on Carlton Energy Group et al v....more

Alberta Judge Upholds No-Fault Provisions of CAODC Master Daywork Contract

by Bennett Jones LLP on

The Alberta Court of Queen’s Bench recently upheld the no-fault provisions of the standard form, Canadian Association of Drilling Contractors (CAODC) Master Daywork Contract (MDC) in Precision Drilling Canada Limited...more

Tokyo Dispute Resolution & Crisis Management Newsletter – August 2016

by King & Spalding on

The Rise of LNG Disputes - Global Trends Emerging From the Recent Cases - Introduction - Although some in the liquefied natural gas industry are generally aware of price review disputes (mostly in Europe) that...more

Albany County Supreme Court Vacates New York PSC Reset Order Related to Retail Electric Supply Companies

by Reed Smith on

A New York Supreme Court recently vacated the New York Public Service Commission’s order that would have significantly altered the structure of the New York retail electric market. Although vacated, the matter has been...more

Quantum Quarterly - Issue VIII – 1st Quarter 2016

by King & Spalding on

We are pleased to present the latest edition of Quantum Quarterly, a publication of King & Spalding’s International Arbitration Group. This edition features an interview with Suzana M. Blades and Alberto F. Ravell, Managing...more

Amending FIDIC Provisions on Delay Liquidated Damages: a Case Note on J Murphy & Sons Ltd v Beckton Energy Ltd [2016] EWHC 607...

by King & Spalding on

The perfect construction project is completed on time, on budget, and in accordance with the Employer’s specification and/or performance requirements. In reality, delays frequently occur and with such delay the potential for...more

Grant of Summary Judgment to Gas Facility Operator Based On “Pay First, Dispute Later” Clause Upheld

by Bennett Jones LLP on

There was no error in granting partial summary judgment on more than $5 million dollars in gas facility invoices, the Alberta Court of Appeal held in SemCAMS ULC v Blaze Energy Ltd, 2016 ABCA 113, despite the gas producer’s...more

Pennsylvania Supreme Court holds estoppel by deed applies to oil and gas leases

by Reed Smith on

In the Court’s first decision on oil and gas issues since three new justices were elected, the Pennsylvania Supreme Court recently held that the doctrine of estoppel by deed applies to oil and gas leases. In Shedden v....more

Production in Paying Quantities: Second Circuit Holds Lower Courts Must Consider All Relevant Factors, Not Just Profit

by Liskow & Lewis on

Since this blog’s post on production in paying quantities on January 26, 2016, the Louisiana Second Circuit Court of Appeal rendered its latest decision on the subject in Middleton v. EP Energy E&P Co., L.P., 50,300-CA (La....more

Rectification in a Tax Context: The Intention Standard Prevails

A drafting mistake in an agreement can result in significant and unintended tax consequences. In the recent case of Baytex Energy Ltd. v. Canada (Attorney General) (Baytex), the Court of Queen’s Bench of Alberta (Court)...more

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