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On July 9, 2014, the Federal Energy Regulatory Commission (FERC) issued a Staff Notice of Alleged Violations (Preliminary Notice) stating that FERC’s Office of Enforcement has preliminarily determined, in a non-public...more
ACER calls for substantial funding increase to enable more aggressive monitoring and enforcement efforts in coordination with national regulators.
On Tuesday 10 June 2014, the Agency for the Cooperation of Energy...more
MDU Barnett Ltd. P’ship v. Chesapeake Exploration Ltd. P’ship is at least three things:
- The culmination of an unhappy relationship between an operator and non-operators.
- What happens when joint owners’ interests...more
On June 12, 2014, the Federal Energy Regulatory Commission (FERC) issued a Staff Notice of Alleged Violations (Preliminary Notice) stating that FERC’s Office of Enforcement has preliminarily determined, in a formal, nonpublic...more
On May 12, the Securities and Exchange Commission brought a lawsuit in the US District Court for the Northern District of Texas, alleging that between September 2010 and January 2012, Charles Couch, directly and through his...more
The SEC recently settled an enforcement action against an individual alleged to have sold millions of dollars in securities on behalf of oil and gas companies without being associated with a registered broker dealer, as...more
A Dallas jury recently reminded us why Mr. Volk lamented letters of intent. Enterprise Products Partners, L.P. is currently appealing that jury’s finding of $319MM in actual damages and $914MM for improper benefits due to...more
On March 4, 2014, a Dallas jury awarded Energy Transfer Partners, L.P. (“ETP”) $319 million in damages after finding that Enterprise Products Partners, L.P. (“Enterprise”) had formed a binding partnership with ETP to build a...more
On February 28, 2014, Powhatan Energy Fund (“Powhatan”) launched a public website disclosing that for more than three years, the Federal Energy Regulatory Commission (“FERC”) Office of Enforcement (“OE”) has been...more
Two intriguing factors are present in the Texas Supreme Court’s decision to review Hooks v. Samson Lone Star, LP. It is out of the ordinary for this court to consider a court of appeals reversal of a large jury verdict. ...more
A Texas Court of Appeals upheld a jury's determination that a seismic map of an underground natural gas field retained its trade secret status, despite the fact that the owner gave the map to the alleged misappropriator and...more
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
I've resolved this year to blog about every numbered decision of the Business Court, as opposed to past years, where my lack of enthusiasm about the more boring decisions has left me writing about less than 100% of the...more
On January 15, 2014, Norman C. Bay, Director of the Office of Enforcement (OE) of the Federal Energy Regulatory Commission (FERC), testified before the U.S. Senate Banking, Housing, and Urban Affairs Subcommittee on Financial...more
After an investigation of actions in the western electricity markets by Barclays Bank PLC (“Barclays”), Daniel Brin, Scott Connelly, Karen Levine, and Ryan Smith (collectively, the “Traders” and together with Barclays,...more
On November 12, 2013, inTrillium Power Wind Corporation v. Ontario (Natural Resources), 2013 ONCA 683, the Ontario Court of Appeal allowed a $2-billion action by Trillium Power Wind Corporation (Trillium) to proceed against...more
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
Scoundrels often get away with their crimes by scamming lots of victims for small amounts, so that no one investor can afford to prosecute his claim. Big Rock Investors Association v. Big Rock Petroleum, Inc. was an...more
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
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
A three-judge panel of the US Court of Appeals for the Second Circuit recently upheld the dismissal of a multidistrict class action against Canadian mining company Agnico-Eagle Mines Limited (Agnico) and its executives, who...more
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
The selective and early disclosure of material non-public information resulted in a Securities and Exchange Commission cease and desist order and civil penalties against the former head of investor relations at First Solar,...more
This past Monday, September 9, the Federal Energy Regulatory Commission (FERC) posted a letter from its chairman, Jon Wellinghopf, to Senators Elizabeth Warren and Edward Markey responding to their inquiries on the...more
There is more to learn from Southwestern Energy Production Co. v. Berry-Helfand and Muncey, discussed in a recent post.
Damages – With Room to Run, the Expert Scores.
Courts are entitled to be “flexible and...more
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