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Avoiding multimillion-dollar liability for de facto partnership breach under Texas law: one useful tip

After a lengthy trial, a Dallas jury has found that a de facto partnership existed between Energy Transfers Partners, L.P. (ETP) and Enterprise Products Partners, L.P. “to market and pursue a pipeline project to transport...more

The Investigative and Enforcement Priorities of the FERC Office of Enforcement

The past year has been marked by several record-breaking penalties imposed on companies and individuals by the Federal Energy Regulatory Commission (“FERC”) for alleged misconduct in the energy markets. On November 21, 2013,...more

FERC Requests that U.S. District Court Affirm Penalties for Market Manipulation

On October 1, 2013, we reported here that the Federal Energy Regulatory Commission (FERC) issued orders on August 29, 2013, assessing civil penalties against, and requiring disgorgement of profits by, Lincoln Paper and...more

Haynesville Shale Fraud Judgment Reversed

Vestiges of the early Haynesville Shale land rush remain. Imagine: The lease is about to expire. Lessee (Mecom) offers lessor (Henderson) $90 per acre for an extension, telling him, “I could extend for two more years...more

Barriers to Cooperation between the CFTC and FERC Hinder Investigations into Energy Market Manipulation – A Legislative Fix May be...

The Federal Energy Regulatory Commission (“FERC”) has initiated investigations into energy market manipulation in the last two years that have resulted in nearly $1 billion in penalties and profit disgorgements from companies...more

Prospect Generator Is Vindicated

The prospect generator’s worst nightmare is presented in Southwestern Energy Production Co. v. Berry-Helfand and Muncey. I will over-simplify the facts: Hefland and Muncey toil for years generating James Lime prospects in a...more

Fiduciary Duties In Oil Patch Deals

I. GENERAL. A. Introduction. In selecting a form of business entity for an oil patch deal in Texas the organizer or initial owners can consider the following five business entity forms: • Corporation •...more

Court Rules FERC Does Not Have Authority to Fine Trader for Manipulation of Futures Contracts

Pursuant to the Energy Policy Act of 2005, the Federal Energy Regulatory Commission (FERC) fined a natural gas trader $30 million for manipulating the settlement price for natural gas futures contracts on the New York...more

Weekly Brief: 78% of Law Schools Ignore ABA Rule [Video]

March 7 (Bloomberg Law) -- Bloomberg Law's Lee Pacchia runs through the legal news for the week. New testimony at the BP oil spill trial in New Orleans focuses on a key safety test taken shortly before the accident. Also,...more

Insuring Your Business -- December 2012

In This Issue: Insurance Coverage Related to Oil and Natural Gas Fracking; Finding Coverage For Fiduciary Liability Claims; and What’s the Difference Between an Insurance Certificate and an Additional...more

San Francisco Residents May Soon Purchase Renewable Electricity

With a veto-proof majority, the San Francisco Board of Supervisors has approved the CleanPowerSF initiative that automatically enrolls Pacific Gas & Electric customers within the City in a “a program offering them 100 percent...more

The Next Big Step For Renewables: Energy Storage

The promise of renewable energy has been partly realized as renewables, including wind and solar, have attracted significant investment over the years and now generate output that comprises a useful contribution to our...more

TRANSACTIONAL: Corporate/London: Looking Around the Corporate Veil by Hywel Jones

International energy agreements frequently incorporate UK law in choice-of-law clauses. Legal principles developed by British courts thus have the potential to affect wide-ranging operations of energy-related companies,...more

Global Warming Solutions Act Starts To Heat Things Up In California

California enacted the Global Warming Solutions Act (AB 32) in 2006. The wide-reaching environmental law is aimed at reducing greenhouse gas emissions by implementing a market based cap-and-trade program tied to an...more

U.S. Government Intervenes In Action Alleging Evasion Of Import Duties by Rebecca Woodings

The U.S. Department of Justice intervened in a lawsuit alleging falsification of country-of-origin documents to U.S. Customs and Border Protection. At issue is whether a Japanese company, Toyo Ink International Corp., two...more

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