Energy & Utilities Law, Securities Law

Corruption in The Energy Sector: Criminal Fines, Civil Judgments, And Lost Arbitrations

by Gordon Kaiser | JAMS, The Resolution Experts on 5/24/2013

Synopsis - This article examines the anti-bribery legislation of three countries, the United States, Canada, and the United Kingdom. The legislation of the three countries is compared and virtually all the criminal...more

Conflict Minerals And Resource Extraction Challenges Proceed On Accelerated Basis

by Stephen M. Quinlivan | Leonard, Street and Deinard - Dodd-Frank and... on 5/21/2013

We previously noted that the challenge to the SEC’s conflict minerals rules was transferred from the Court of Appeals to the United States District Court for the District of Columbia....more

European Union Pending Legislation Requiring Additional Transparency from Extractive Industries

by Raymond Banoun | Cadwalader, Wickersham & Taft LLP on 5/20/2013

On April 9, 2013, the European Union agreed to a preliminary deal requiring oil, gas, mining and forestry companies to report in greater detail any payments at or above €100,000 (approximately $130,000) they make to foreign...more

CFTC (And FERC) Compliance Managers Take Note – CFTC Schedules Vote On Final Interpretation Of Disruptive Trading Practices

by Robert Fallon | Leonard, Street and Deinard - Dodd-Frank and... on 5/15/2013

At its open meeting on May 16, 2013, the Commodity Futures Trading Commission will vote on the final interpretative rule for disruptive trading practices under Section 747 of the Dodd-Frank Act. That order should be of...more

CFTC To Investigate EFS Trades In Energy And Metal Markets

by Elan Mendel | Shipkevich PLLC on 5/15/2013

The Commodity Futures Trading Commision (CFTC) is investigating a large number of trades in energy and metal markets to determine whether traders illegally used over-the-counter swaps markets to trade futures....more

New Bill Heightens Potential For More Investment Canada Reviews Of SOE Acquisitions

by Sandy Walker | Dentons on 5/13/2013

Last week the Canadian Government introduced amendments to the Investment Canada Act (ICA) to implement its revised policy towards state-owned enterprises (SOEs) which it announced in December last year....more

The making of Emissions Trading laws – understanding the EU legislative process

by Peter Zaman | Reed Smith on 5/9/2013

Introduction - Unlike most traded commodity markets, the market for trading carbon credits or emissions allowances in the EU is not one based on its utility, usage or consumption. A carbon credit is not used in...more

Delaware Court Dismisses Securities Fraud Action Against Power Plant Executives

by Michael S. Gordon, Dean Razavi | Katten Muchin Rosenman LLP on 5/8/2013

The US District Court for the District of Delaware dismissed a class action for securities fraud against former officers and directors of a geothermal energy company, in which the plaintiffs alleged that the defendants had...more

Senators to FERC, CFTC: Play Nicely on Energy Market Oversight

by Jack N. Semrani, Dena E. Wiggins | Ballard Spahr LLP on 5/8/2013

Three U.S. Senators are calling for the Commodity Futures Trading Commission (CFTC) and the Federal Energy Regulatory Commission (FERC) to work more cooperatively on ensuring comprehensive oversight of energy markets. The...more

Conflict Minerals Disclosure Compliance

by Ruben Chuquimia, Robert Wexler | Polsinelli on 5/3/2013

The SEC has adopted a rule requiring SEC reporting companies to provide disclosures about conflict minerals that are "necessary to the functionality or production of a product manufactured by the company." Conflict minerals...more

Conflict Minerals Challenge To Follow Resource Extraction Case To District Court

by Stephen M. Quinlivan | Leonard, Street and Deinard - Dodd-Frank and... on 5/2/2013

As previously noted, the Court of Appeals for the District of Columbia recently dismissed a challenge to the SEC’s resource extraction rules for lack of jurisdiction. The case was left to proceed pursuant to a previously...more

The PUHCA, Chenery & The Run For The Roses

by Keith Paul Bishop | Allen Matkins Leck Gamble Mallory & Natsis... on 5/2/2013

Earlier this week, I mentioned the former Public Utility Holding Company Act (aka PUHCA). Although it was repealed several years ago, the PUHCA remains important as the legal substrate upon which the famous, and still...more

From The Compact Model To The Luxury Model – Managing Your Third Party Risk

by Thomas Fox on 5/1/2013

I am currently attending the Hanson Wade Oil and Gas Supply Chain Compliance conference in Houston. The event is excellent and the presentations have been ‘spot on’ for the nuts and bolts of how to do compliance. As the...more

Appeals Court Dismisses Challenge To SEC Resource Extraction Rules

by Ethan Mark | Leonard, Street and Deinard - Dodd-Frank and... on 4/30/2013

In 2012 ,the SEC adopted final rules requiring public companies engaged in certain oil and gas activities to disclose payments made to domestic and foreign governments as required by the Dodd-Frank Act. The rules were...more

Legislative Update Report No. 2013-08 -- Apr 26, 2013

by Osler, Hoskin & Harcourt LLP on 4/26/2013

In This Issue: Federal Government; Alberta; British Columbia; Manitoba; New Brunswick; Newfoundland; Northwest Territories; Nova Scotia; Nunavut; Ontario; Prince Edward Island; Québec/Quebec; Saskatchewan; and Yukon....more

TSX-V Extends Relief Measures From Certain Pricing Requirements For Private Placements

by Ahmad Adam | Dentons on 4/24/2013

On April 12, 2013, the TSX Venture Exchange (“TSX-V”) extended to August 31, 2013, temporary relief from certain pricing requirements related to private placement financings that were originally granted on August 17, 2012,...more

Conflict Minerals: Supplier Communications

by Stephen M. Quinlivan | Leonard, Street and Deinard - Dodd-Frank and... on 4/23/2013

Industry is ramping up efforts to comply with the Dodd-Frank Act’s conflict minerals requirements and the SEC’s final rules on the topic. Examples of supplier communications are beginning to appear in the public domain...more

Anti-Corruption Law And The Oil And Gas Industry: Evolutions In Both Demand Vigilance

by William Liess, Omar McNeill, Gregory Paw | Pepper Hamilton LLP on 4/16/2013

Businesses in the oil and gas industry are cautioned to pay careful attention to evolutions in anti-corruption law in the jurisdictions where they operate. The U.S. government has successfully enforced the Foreign Corrupt...more

SEC Files Initial Brief in Conflict Minerals Rule Case

by Edward Sarnowski | Holland & Knight LLP on 4/16/2013

The SEC recently filed its initial brief in the case pending in the United States Court of Appeals for the D.C. Circuit in which the National Association of Manufacturers, United States Chamber of Commerce, and Business...more

REGULATORY: Natural Resources: European Commission Issues Consultation for Views on Potential EU Conflict Minerals Initiative;...

by King & Spalding on 4/15/2013

The European Commission (EC) Directorate-General for Trade has issued a consultation to solicit interested parties’ views on a potential EU initiative for responsible sourcing of minerals coming from conflict-affected and...more

REGULATORY: D.C. Regulatory: FERC Investigations in the Wake of D.C. Circuit’s Hunter Ruling

by King & Spalding on 4/15/2013

On March 15, the D.C. Circuit Court of Appeals dealt the Federal Energy Regulatory Commission (“FERC”) a major setback in its enforcement efforts by ruling that FERC had encroached on the exclusive jurisdiction of the...more

Financial Services Bulletin: Action At The CFTC, SEC, And Fed

by Perkins Coie on 4/12/2013

On Thursday, March 28, 2013, the Commodity Futures Trading Commission (the "CFTC") approved a final order that exempts certain non-financial energy derivative transactions between and amongst government-owned electric...more

CFTC’s Final Rule Exempting Certain RTO Transactions From CFTC Regulation Largely Affirms Earlier Order But Offers Helpful Changes...

by Robert Fallon | Leonard, Street and Deinard - Dodd-Frank and... on 4/8/2013

On March 28, 2013, the Commodity Futures Trading Commission issued a final rule that largely affirmed its earlier proposal to exempt certain FERC and Texas PUC regulated transactions from CFTC jurisdiction and provided...more

AMF Publishes Consultation Paper On Alternative Approach To Securities Regulators’ Intervention In Defensive Tactics

by Ahmad Adam | Dentons on 4/4/2013

Further to an earlier post, the Autorité des marchés financiers (“AMF”) has published a consultation paper (the “AMF Proposal”) inviting comments on an alternative approach to that contemplated by the Canadian Securities...more

Japan Launches LNG Futures Contract

by Elan Mendel | Shipkevich PLLC on 4/1/2013

Japan plans to launch the world’s first futures contract for liquefied natural gas, also known as LNG. This marks the country’s latest step toward creating a global market for fuel....more

Home

Legal News

Find a Lawyer

Browse Subjects

Subscribe

Pro Services

For Reporters

Energy & Utilities Law › Securities Law