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Energy & Utilities General Business

Read need-to-know updates, commentary, and analysis on Energy & Utilities issues written by leading professionals.

Indonesia tightens control over changes in shareholding and boards of oil & gas, power, geothermal and mining companies

by Allen & Overy LLP on

Indonesia just issued a new regulation (Reg. 42/2017) that extends governmental control on private and foreign investment in the energy and mining sectors. Whilst similar forms of control already existed in the upstream...more

Saskatchewan Court of Appeal Clarifies Priority Rules for Builders' Liens Arising in Connection with the Recovery of Minerals

by Bennett Jones LLP on

The Saskatchewan Court of Appeal recently released a landmark decision National Bank of Canada v KNC Holdings Ltd, 2017 SKCA 57 (National Bank) which will significantly affect the priority ranking of certain Saskatchewan...more

U.S. Penalizes Exxon for Violating U.S. Sanctions on Russia, May Have Complicated How U.S. Companies Do Business in Russia

by Bass, Berry & Sims PLC on

On July 20, 2017, the U.S. Treasury Department Office of Foreign Assets Control (OFAC) announced that ExxonMobil (Exxon) must pay a $2 million penalty for violating U.S. sanctions on Russia.  On the same day, Exxon responded...more

Dallas Court of Appeals Reverses Partnership Verdict: Preliminary Agreements Precluded Partnership

by Bracewell LLP on

On Tuesday, July 18, 2017, the Dallas Court of Appeals reversed a $535 million judgment against Enterprise Products Partners, L.P. (Enterprise), finding that unfulfilled conditions precedent in Enterprise’s written agreements...more

Pipeline Partnership Verdict Reversed

by Gray Reed & McGraw on

Enterprise Products Partners, L.P. et al v. Energy Transfer Partners, L.P. et al reversed one of the largest jury verdicts in Texas history. You will like this decision if... ...more

Antitrust Alert: Federal Court Rejects Failing Firm Defense in Merger Case

by Jones Day on

A new decision from a federal court in Delaware reinforces the high burden that parties face in insulating an otherwise anticompetitive merger based on the so-called "failing firm" defense. The Justice Department ("DOJ")...more

The BKPM Is Licensing Authority In Oil And Gas Matters

by Morgan Lewis on

The Indonesian Minister of Energy and Mineral Resources (MoEMR) has delegated additional authorities to the Indonesian Investment Coordinating Board (Badan Koordinasi Penanaman Modal - BKPM) in issuing certain licenses for...more

Dallas Court Reverses Enterprise v. ETP Verdict, Reaffirming Efficacy of Conditions Precedent

by King & Spalding on

On July 18, 2017, the Dallas Court of Appeals (the “Court”) reversed the more than $535 million jury verdict against Enterprise Products Partners L.P. (“Enterprise”), leaving Energy Transfer Partners, L.P. (“ETP”)...more

“No Shop” Clause Radioactive for Merger’s “Failing Firm” Defense

by Mintz Levin on

Last week a Delaware federal district court unsealed its earlier opinion blocking the merger of two radioactive waste disposal companies. The court rejected the parties’ failing firm defense, citing the merger agreement’s “no...more

Dallas Court of Appeals Reverses Landmark Judgment on Common Law Partnership and Joint Venture Claims

by Jackson Walker on

On July 18, 2017, the Dallas Court of Appeals issued its long-awaited decision in Enterprise Products Partners, L.P. v. Energy Transfer Partners, L.P., reversing the Dallas County District Court’s judgment that awarded ETP...more

Business Litigation Alert - "Enterprise Products v. ETP: No Legal Obligation really means No Legal Obligation"

by Porter Hedges LLP on

A Texas Court of Appeals ruled this week that when companies agree in writing that they have no legal obligations to proceed with a project, they mean it. That may appear to be a simple concept but a jury came to a different...more

The Japan Fair Trade Commission Has Said No to LNG Resale Restrictions—What Does This Mean for Japanese and Non-Japanese LNG...

In June 2017, the Japan Fair Trade Commission (JFTC) issued its conclusion on an earlier market study on liquefied natural gas (LNG) resale restrictions and cautioned that (i) destination clauses, (ii) diversion clauses,...more

An Oil Patch Morality Play – Part 1

by Gray Reed & McGraw on

You are selling properties. The buyer thinks you own the deep rights but you know your long-time partner owns them. You attend the closing. You don’t tell the buyer that he’s got the ownership wrong. You are protected by a...more

Oil Regulation 2017 - United States

Describe, in general terms, the key commercial aspects of the oil sector in your country. The US oil industry is divided into three sectors: upstream (exploration and production), midstream (processing, storage and...more

2nd Circuit Weighs in on Certifying Classes Involving Foreign Securities

by Burr & Forman on

In In re Petrobras Securities Litigation, the Second Circuit Court of Appeals recently issued an opinion regarding the standards for certifying a class involving foreign securities. Petrobras is a multinational Brazilian gas...more

United States Fifth Circuit Confirms Remedies Available to Subrogated Insurer

by Liskow & Lewis on

On July 7, 2017, the United States Fifth Circuit Court of Appeal, in Associated International Insurance Company v. Scottsdale Insurance Company, held that, under Texas law, the subrogation clause of an insurance agreement...more

LNG for Japanese Buyers: End of the Road for Destination Clauses?

by Latham & Watkins LLP on

A recent announcement by the Japanese antitrust regulator could spell the end of destination clauses in certain Asian LNG SPAs. Key Points: ..Asian LNG buyers are seeking to form a buyers’ club to negotiate better and...more

Second Circuit Rejects First Circuit’s “Extreme Departure” Test for Assessing Materiality of an Alleged Omission of Interim...

In Stadnick v. Vivint Solar, Inc., 2017 WL 2661597 (2d Cir. June 21, 2017), the United States Court of Appeals for the Second Circuit affirmed the dismissal of claims for violations of Section 11 of the Securities Act of...more

Supply Chain Disruption and Litigation Trends in North Africa's Oil and Gas Industry

by Hogan Lovells on

In this hoganlovells.com interview, Hogan Lovells partner Laurent Gouiffès discusses oil and gas supply chain disruption and litigation trends in North Africa, including Algeria, Libya, Tunisia, Morocco, and Egypt....more

DMR approves sale of IFMSA's Lesedi Mine to Samancor

by Hogan Lovells on

International Ferro Metals (SA) Pty Ltd (IFMSA) went into business rescue on 26 August 2015. Its ferrochrome smelter and dedicated Lesedi Mine fell victim to a combination of economic, regulatory and socio-political factors...more

Energy Independence in the Age of Renewables

by Foley & Lardner LLP on

Facing the traditional energy sector’s uncertain future and the decreased cost of producing renewable energy, many companies have taken to generating their own power. Manufacturers may be in an ideal position to do the same...more

Energy Newsletter - June 2017

by King & Spalding on

Mineral and Royalty Interest MLPs: An Alternative Exit For PE-Backed Mineral and Royalty Interest Cos. - Oil and gas exploration companies no longer have to go door-to-door, or ranch-to-ranch, to negotiate oil and gas...more

Blame Game Fails Louisiana Casing Vendor

by Gray Reed & McGraw on

There’s no better place in the oil patch to play the blame game than 10,000 feet of leaky wellbore. What went wrong? In Justiss v. Oil Country Tubular Corporation, Justiss, a drilling contractor, entered into an IADC...more

ESOS – Lessons Learned and Looking to the Future

by Hogan Lovells on

Large businesses will remember the challenges of trying to comply with Phase I of the Energy Savings Opportunity Scheme (ESOS) in the run up to Christmas 2015. “Trying” was the operative word because “lead assessors” (who are...more

Oil & Gas Rights and CMBS Servicing—Transfer Considerations

Question: The borrower pledged oil and gas rights related to the collateral property to the lender. The borrower has notified the servicer that it would like to sell these oil and gas rights. Can the lender approve the lease...more

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