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Energy Sector Alert Series: Risks and Opportunities in Distressed Oil and Gas

In this eight-week alert series, we are providing a broad look at current and emerging issues facing the energy sector. Attorneys from across the firm will discuss issues ranging from environmental disclosures and risk...more

Evaluating the Health of Loan and Bond Markets for 2016

Corporate borrowers and issuers typically access the credit markets only for need or opportunity, so may not actively monitor loan market conditions. As a leading firm with a nationally ranked practice representing borrowers...more

What Does COP-21 Mean for Business?

6 Answers From Around the Globe - The historic COP-21 Paris Agreement on climate change is the first major development in the climate area at the international level since adoption of the Kyoto Protocol in...more

Property Tax on Italian Photovoltaic Plants to Decrease Sharply

There is good news for owners of photovoltaic (PV) plants in Italy. In circular no. 2/E, released on 1 February 2016 (the circular), the Italian Revenue Agency has provided official guidance on new rules enacted by on 28...more

Arbitrage and Investment Opportunities with Respect to Midstream Oil and Gas Assets

In the current price environment, highly leveraged exploration and production (E&P) companies facing liquidity-induced stress find themselves facing a dilemma. As borrowing-base cuts loom, capital markets remain tight and...more

Mining in Africa – getting in sync with the cycle

With one third of the world’s mineral reserves and two thirds of the world’s diamond production, Africa should have basked in the era of roaring commodity prices and booming optimism. Over the last decade, Africa’s average...more

Bridging the Bid-Ask Spread in the Oil Patch

Hope on the sell side and price volatility led to a wide bid-ask spread in 2015 and resulted in fewer financial sponsor-backed mergers and acquisitions transactions in the oil patch. Of late, prices have further plunged,...more

US and EU Iran Sanctions Relief: What Non-US Persons Need to Know

Even in light of EU and US relaxation of sanctions against Iran after Implementation Day, non-US Persons should evaluate any proposed dealings with Iran to make sure such activities do not violate any new or continuing...more

Iran Sanctions Lifted? Implementation Day Creates Compliance Minefield

U.S.-Iranian relations took a major step forward on January 16, 2016, with the arrival of “Implementation Day” under the Joint Comprehensive Plan of Action (JCPOA). Although this may present new business opportunities in...more

Real Estate Investment Trust as a Vehicle for Utility Funding

A recent Wall Street Journal article (January 15) highlights the use of a real estate investment trust (REIT) for financing the acquisition of Oncor Electric Delivery Company (Oncor) upon its exit from bankruptcy. In a...more

U.S. Government Licenses Certain Iran-Related Transactions Conducted by Foreign Subsidiaries of U.S. Companies

On January 16, 2016, the International Atomic Energy Agency verified that Iran had carried out its nuclear commitments under the Joint Comprehensive Plan of Action (“JCPOA”), triggering reciprocal obligations by the United...more

A legal overview of M&A and financing transactions in Nigeria's oil and gas sector

1 Overview of M&A transactions - 1.1 Emergence of local champions - 2015 was a relatively robust year for M&A transactions in Nigeria's oil and gas industry. The majority of the transactions involved divestments...more

"Oil and Gas Companies Utilize Restructuring Strategies to Navigate Industry in Flux"

Precipitous commodity price declines that began in mid-2014 continued to disrupt the oil and gas industry in 2015, outlasting the expectations of many analysts. By the end of 2015, prices for both Brent and WTI crude were...more

Legal Trends: Mergers & Acquisitions

The value of Canadian deals announced to date in 2015 (all figures as of December 1, 2015) totalled approximately C$374.1-billion (US$293.5-billion), reflecting a 51 per cent increase over 2014 on an annualized basis. Deal...more

FERC Proposes Rule Clarifying Requirements for Market-Based Rate Sellers to Identify Owners and Affiliates

The Federal Energy Regulatory Commission (FERC) proposed on December 17, 2015, to amend its regulations to clarify the obligations of certain companies that sell electric energy to identify their owners and affiliates. This...more

PATH Act Extends Key Tax Provisions for Businesses and Individuals; Many Extenders Made Permanent

On December 18, 2015, the President signed into law the Protecting Americans from Tax Hikes Act of 2015, HR 2029, PL 114-113 (the “PATH Act”), which extends or makes permanent over fifty (50) expiring tax provisions relating...more

SEC Re-Proposes Rules for Resource Extraction Issuers Under Dodd-Frank Act

On December 11, 2015, the Securities and Exchange Commission (the “SEC”) proposed rules required under Section 1504 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Act”). Section 1504 of the Act added...more

New Tax Incentives for Early Stage Investment

On 7 December 2015, the Federal Government released an Innovation Statement which included important tax concessions aimed at making early stage investment more attractive. The concessions are expected to commence from 1 July...more

Rating Agency Developments

On December 2, Fitch updated its criteria for rating prepaid energy transactions. On December 1, Fitch released updated criteria for grant anticipation revenue vehicles (GARVEE) bonds....more

2015 Agency Enforcement Reports Reveal Record CFTC Fines, FERC “Steady as She Goes”

The Commodity Futures Trading Commission (CFTC) and the Federal Energy Regulatory Commission’s (FERC) 2015 enforcement reports reveal one agency – the CFTC – imposing record fines, with the other – FERC – continuing its...more

FERC Schedules Technical Conference on Proposed Rule for Collection of “Connected Entity” Data from Participants in Organized...

The Federal Energy Regulatory Commission (FERC) issued an order on November 10, 2015, establishing a technical conference to discuss a proposed rule to require Regional Transmission Organizations (RTOs) and Independent System...more

Fibra E Trusts | Energy and Infrastructure Investment Vehicle

On 29 September 2015, the Fourth Set of Amendments to the Annual Tax Regulations for the 2015 fiscal year (“Tax Regulations”), which create and regulate a new investment vehicle called an energy and infrastructure investment...more

Fitch Ratings Updates Criteria for Water and Sewer Bonds

On September 3, 2015, Fitch Ratings updated its sector-specific rating criteria for water and sewer bonds. The new report replaces Fitch’s existing rating criteria published July 31, 2013, but Fitch does not anticipate...more

"Oil and Gas Companies Brace for Fall Redeterminations"

For most of 2015, industry observers have predicted that depressed commodity prices will result in a surge in M&A activity among domestic exploration and production (E&P) companies, as well as a large number of bankruptcy...more

The Cost of Water is Rising – Financing Tools and Strategies to Help Communities Pay

Across America, the cost of water is rising. Getting clean drinking water is not as easy as turning on the faucet. Not only is access to safe water a growing issue across America — it is an expensive one too. Local elected...more

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