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Energy & Utilities Business Organization

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

Key Texas M&A Issues (Presentation)

by Jackson Walker on

Agenda - Letters of Intent - Best Efforts - Indemnification - Sandbagging - Non-Reliance - Fiduciary Duties - Letters of Intent: • Buyer may seek letter of intent that is generally not binding on either party...more

SFC Obtains Disqualification and Court Orders Against Hanergy’s Former Chairman and Current Directors

by Latham & Watkins LLP on

The Court of First Instance’s decision has important implications for directors of listed companies when failing to act in the best interests of the company. Background - On July 15, 2015, the Securities and Futures...more

International Trade Rules Can Help Unlock Business Opportunities for Cross-Border Electricity Project

by King & Spalding on

International trade rules can help solve problems in trading electricity across borders and unlock business opportunities in a cross-border electricity sector. Trade rules can dictate, for example, the highest tariff that a...more

IRS Provides Safe Harbor for Inadvertent Normalization Violations

On September 7, 2017, the IRS issued Revenue Procedure 2017-47, which provides a safe harbor for regulated public utilities for inadvertent or unintentional uses of a practice or procedure that is inconsistent with the...more

The Impact of Force Majeure on the Oil and Gas Supply Chain

by King & Spalding on

Supply chain interruption caused by Hurricane Harvey - Early indications are that shut down and curtailment of Gulf Coast oil and gas infrastructure caused by Hurricane Harvey, from Friday, August 25th (landfall) through...more

Financial assurance and mine rehabilitation reform in Queensland

by DLA Piper on

In May 2017, the Queensland Government released two discussion papers outlining proposed changes to Queensland's financial assurance and rehabilitation framework. The consultation period has now closed and the Queensland...more

Across the Board-Episode 6, will your assets be stranded?

by Thomas Fox on

In this episode, I visit with Rakhi Kumar, the Managing Director, Head of ESG Investing and Asset Stewardship for State Street Global Advisors (SSGA) on the firm’s recent white paper entitled, “SSGA’s Perspective On Effective...more

Hurricane Harvey – The Impact of Force Majeure on the Oil and Gas Supply Chain

by King & Spalding on

As shut down notices continue to roll in, it appears that the level of damage wrought by Hurricane Harvey to oil and gas infrastructure along the Gulf Coast may vary significantly by asset class in the final analysis....more

What is FPA Section 203(a)(1)(B)? American Transmission Company Reminded Us.

by Stoel Rives LLP on

The US Treasury will soon be $205,000 richer due to the payment of a civil penalty by American Transmission Company (ATC) related to violations of sections 203 and 205 of the Federal Power Act. ATC’s compliance failure stems...more

Renewable Energy Update - August 2017 #4

by Allen Matkins on

Renewable Energy Focus - California clean economy thriving, but emissions have spiked - Energy Manager Today - Aug 22 - The ninth annual California Green Innovation Index, released by the nonpartisan nonprofit...more

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

by Allen & Overy LLP on

Less than three weeks after its issue, the Minister of Energy and Mineral Resources has revoked Regulation No. 42 of 2017 on Supervision of Business Activities in the Energy and Natural Resources Sector and replaced it with...more

Corporate Sustainability Efforts on Upswing

by Sullivan & Worcester on

Despite the new administration’s efforts to rollback Obama Era environmental regulations, most businesses in the U.S. are maintaining their commitments to sustainability. According to Lucid’s 2017 Sustainability Outlook...more

Third Circuit Ruling Impacts Oil & Gas Industry

by McCarter & English, LLP on

The United States Circuit Court of Appeals for the Third Circuit issued a decision that significantly affects the rights of upstream producers. Applying Delaware law, the Third Circuit explained that the upstream producers...more

Across the Board-Episode 4, Why Wells Fargo Needs Compliance Expertise on its Board

by Thomas Fox on

In this episode, I explore why Wells Fargo needs a true compliance expert on its Board of Directors. The Wells Fargo Board needs someone with compliance expertise to oversee of the role of the Chief Compliance Officer (CCO)...more

Investment funds enter the North Sea oil and gas market

by DLA Piper on

As the oil and gas market is beginning to recover, new players for example from Asia, Russia or the Middle East, may enter the North Sea....more

Time Is Money: Historical Strip Prices and Valuation in Oil & Gas Bankruptcies

by WilmerHale on

Timing is key to valuation of all types and in all contexts. But in bankruptcy, valuation timing can take on heightened importance because a central element of bankruptcy involves distributing value as of a specific point in...more

Energy & Sustainability Connections Newsletter - July 2017

by Mintz Levin on

A Note from the Editors - Energy & Sustainability Connections brings the latest developments in energy investing, legal insights, company activity, and industry events straight to your inbox. This month’s Leader in the...more

Practical Issues Under Joint Operating Agreements Relating to Withdrawals, Transfers and Changes in Control

by King & Spalding on

The Joint Operating Agreement (“JOA”) is one of the most important documents to be considered in relation to a direct or indirect change in the ownership of interests in any oil and gas project, whether by way of (a) a...more

SC utilities to suspend nuclear construction

by PretiFlaherty on

Two South Carolina utilities have announced their decisions to cease work on two new nuclear units under construction at the V.C. Summer Nuclear Station in Jenkinsville, South Carolina. The project to develop Units 2 and 3...more

Issues for investors' considerations affecting solar and thermal power projects in Nigeria

by Dentons on

The Nigerian Electricity Supply Industry (NESI) is currently experiencing critical financial and operational hurdles which significantly affect ongoing and prospective renewable and non-renewable power projects. This paper...more

IRS Rules (Again) That Taxpayers Are Not Entitled to Claimed Refined Coal Credits

by McDermott Will & Emery on

In a highly-anticipated Technical Advice Memorandum (TAM) dated March 23, 2017 and released on July 21, 2017, the Internal Revenue Service (IRS) ruled that two taxpayers who had invested in a Limited Liability Company that...more

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

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

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

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

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