Finance & Banking, Energy & Utilities Law, Civil Procedure

Dispute Over Duke’s 2012 Proposed Rate Increase Continues

by Mary Kathryn (Katie) King | Spilman Thomas & Battle, PLLC on 5/23/2013

On April 12, 2013, the N.C. Supreme Court stepped into the ongoing dispute regarding the 7.2 percent rate increase sought by Duke Energy and approved by the North Carolina Utilities Commission (NCUC) in January 2012. Duke...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

Court Rejects "Core Operations" Theory of Scienter in Battery Manufacturer Fraud Case

by Dean Razavi, Emily Stern | Katten Muchin Rosenman LLP on 3/27/2013

The District Court of Massachusetts dismissed Section 10(b)(5) claims against executives of a battery systems company, holding that plaintiffs could not rely on the theory that knowledge of the falsity of the statements at...more

D.C. Circuit Rules That CFTC – Not FERC – Has Authority To Regulate Futures Trades

by Pamela Anderson, Glenn Benson, Nidhi Thakar | Perkins Coie on 3/20/2013

On March 15, 2013, the U.S. Court of Appeals for the District of Columbia Circuit held that the Commodity Futures Trading Commission (CFTC) has exclusive jurisdiction over natural gas futures contracts and that the Federal...more

FERC Lacks Authority Over Commodity Futures Contracts

by George Billinson, Mark Haskell, Brett Snyder, Pamela C. Tsang | Morgan Lewis on 3/20/2013

The D.C. Circuit clarifies that FERC may prohibit manipulative trading only in markets outside of the CFTC's exclusive jurisdiction over commodity futures contracts. On March 15, the U.S. Court of Appeals for the...more

DC Circuit Tells FERC That CFTC Has Exclusive Jurisdiction Over Manipulation In Futures Markets Even If It Impacts FERC Markets

by Robert Fallon | Leonard, Street and Deinard - Dodd-Frank and... on 3/20/2013

On Friday, the United States Court of Appeals for the District of Columbia Circuit told the Federal Energy Regulatory Commission (FERC) that the Commodity Futures Trading Commission (CFTC) has exclusive jurisdiction over...more

FERC Lacks Authority To Regulate Natural Gas Futures Contracts, D.C. Circuit Rules

by Jack N. Semrani, Dena E. Wiggins | Ballard Spahr LLP on 3/18/2013

The U.S. Court of Appeals for the D.C. Circuit decided today that the Commodity Futures Trading Commission (CFTC) has exclusive jurisdiction over all transactions involving commodity futures contracts and that the Federal...more

District Court Rejects SEC Argument that General Partnership Interests in Joint Ventures Are Securities

by Katten Muchin Rosenman LLP on 9/19/2012

The Securities and Exchange Commission brought an enforcement action against defendant Geodymanics, Inc. and others alleging fraud in connection with four oil and gas exploration and drilling ventures, each of which was...more

Power Struggle? The CFTC/FERC Jurisdictional Split under Dodd-Frank

by K&L Gates LLP on 8/1/2012

In early July, the Commodity Futures Trading Commission (“CFTC”) and the Securities and Exchange Commission (“SEC”) jointly adopted final regulations (“Products Definition”) that further define the terms “swap” and...more

Internal Bilateral Transactions: Regulatory Risk & Confusion Reign

by Bracewell & Giuliani LLP on 6/8/2012

Internal Bilateral Transactions (IBTs) are bilateral transactions occurring between market participants within a Regional Transmission Organization (RTO) market. While these transactions have differing names in various RTOs...more

New York Tax Insights -- Volume 3, Issue 4, April 2012

by Morrison & Foerster LLP on 4/4/2012

In This Issue: Appellate Division Denies Deduction for Interest Income Received from Lower Tier Subsidiaries; Tribunal Upholds Denial of Investment Tax Credit Claimed by Utility; Tribunal Holds That Executive Officer Is...more

Goldman Sachs' Conflicts at Center of Kinder-El Paso Deal [Video]

by Bloomberg Law on 3/30/2012

March 28 (Bloomberg Law) -- John Reed, partner in the corporate and litigations groups at DLA Piper, talks with Bloomberg Law's Lee Pacchia about a recent decision in Delaware Chancery Court that investment banking firm...more

“These are the Glengarry leads. And to you, they’re gold.”

by Allen Matkins Leck Gamble Mallory & Natsis... on 9/2/2011

A Friday Miscellany “How did you even find out about me?” This article by Ronald Campbell in yesterday’s The Orange County Register: “Irvine music festival raises money boiler-room style,” tells an interesting story...more

New Patronage Capital Case Hits North Carolina Coop

by Sutherland Asbill & Brennan LLP on 3/9/2011

The number of patronage capital cases continues to rise. From 2009 to 2011, at least 10 cases have been filed against electric cooperatives over patronage capital (or capital credits). In fact—just this past February—another...more

Plaintiffs Re-File Patronage Capital Lawsuit in Missouri and Add Generation Cooperative as a Defendant

by Sutherland Asbill & Brennan LLP on 8/19/2010

Burks v. White River Valley Electric Cooperative (Missouri) (1031-CV10307) After voluntarily dismissing their case this past spring, two former members of the White River Valley Electric Cooperative recently re-filed...more

Patronage Capital Lawsuits Against Electric Cooperatives on the Rise

by Sutherland Asbill & Brennan LLP on 8/19/2010

In 2009-2010, at least six class action lawsuits have been filed against electric cooperatives over patronage capital (or capital credits). Most are in active litigation. Depending upon the lawsuit, the plaintiffs allege...more

Commodities Exchange Act Claim Dismissed for Failing to Plead Scienter

by Katten Muchin Rosenman LLP on 7/6/2010

The U.S. Court of Appeals for the Fifth Circuit affirmed a district court’s dismissal of a putative class action brought by a group of natural gas futures and options contract traders under the Commodities Exchange Act...more

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Finance & Banking › Energy & Utilities Law › Civil Procedure

Dispute Over Duke’s 2012 Proposed Rate Increase Continues

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

Court Rejects "Core Operations" Theory of Scienter in Battery Manufacturer Fraud Case

D.C. Circuit Rules That CFTC – Not FERC – Has Authority To Regulate Futures Trades

FERC Lacks Authority Over Commodity Futures Contracts

DC Circuit Tells FERC That CFTC Has Exclusive Jurisdiction Over Manipulation In Futures Markets Even If It Impacts FERC Markets

FERC Lacks Authority To Regulate Natural Gas Futures Contracts, D.C. Circuit Rules

District Court Rejects SEC Argument that General Partnership Interests in Joint Ventures Are Securities

Power Struggle? The CFTC/FERC Jurisdictional Split under Dodd-Frank

Internal Bilateral Transactions: Regulatory Risk & Confusion Reign

New York Tax Insights -- Volume 3, Issue 4, April 2012

Goldman Sachs' Conflicts at Center of Kinder-El Paso Deal [Video]

“These are the Glengarry leads. And to you, they’re gold.”

New Patronage Capital Case Hits North Carolina Coop

Plaintiffs Re-File Patronage Capital Lawsuit in Missouri and Add Generation Cooperative as a Defendant

Patronage Capital Lawsuits Against Electric Cooperatives on the Rise

Commodities Exchange Act Claim Dismissed for Failing to Plead Scienter

Goldman Sachs' Conflicts at Center of Kinder-El Paso Deal [Video]

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