Securities Law, Business Organization, Energy & Utilities Law

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

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 Although it was repealed several years ago, the PUHCA remains important as the legal substrate upon which the famous, and still...more

Energy Alert: Deadline Approaches For Energy Company Swap Reporting

by Nate Endrud | Leonard, Street and Deinard on 3/19/2013

The CFTC's Dodd-Frank swap reporting and recordkeeping requirements become mandatory on April 10, 2013, for all persons and companies engaging in swaps. These requirements include the agency's swap data reporting and...more

The Transparency Agenda: Section 1504 and Beyond

by Amy Lehr | Foley Hoag LLP - Corporate Social... on 2/12/2013

A number of significant briefs were filed recently with the U.S. Court of Appeals for the D.C. Circuit in support of Section 1504 of the Dodd-Frank Act, which requires oil, gas, and mining issuers to report on their payments...more

2012 Mining Report British Columbia Securities Commission

by Brian Abraham | Dentons on 2/1/2013

On January 24, 2013, the BC Securities Commission issued a report (the “2012 Mining Report”) with respect to disclosure and interpretive issues under National Instrument 43 101, which is referenced as “the Mining Rule” in the...more

BCSC Releases 2012 Mining Report

by Ahmad Adam | Dentons on 1/29/2013

On January 24, 2013, the British Columbia Securities Commission (“BCSC”) released its 2012 Mining Report (the “Report”). The Report is the first of its kind for the BCSC and serves to strengthen the BCSC’s efforts to be...more

A Creative Approach to Resisting Shareholder Proposals Pays Dividends

by Kenneth A. Manning, John G. Schmidt Jr. | Phillips Lytle LLP on 12/24/2012

Phillips Lytle LLP’s securities practice recently brought its litigation experience to bear on behalf of a client – National Fuel Gas Company (“National Fuel”) – faced with a shareholder proposal, which the proponent sought...more

New Rules for Foreign Investment by State-Owned Enterprises - Do They Strike the Right Balance?

by Peter Franklyn, Peter Glossop, Michelle Lally, Christopher Murray, Shuli Rodal, Frank Turner | Osler, Hoskin & Harcourt LLP on 12/10/2012

On December 7, 2012 the federal government announced its approval of both Malaysian-controlled PETRONAS’ proposed $6 billion acquisition of Progress Energy Resources Corp. (“Progress”) and China National Offshore Oil...more

EU Considers Extending Disclosure Obligations for Government Payments

by Andrea L. Hamilton, David J. Levine, Obiamaka P. Madubuko, Sabine Naugès, Raymond Paretzky | McDermott Will & Emery on 11/26/2012

On 18 September 2012, the European Parliament approved a package of proposals that impose on loggers of primary forests, and large companies that extract oil, gas and minerals, a new obligation to provide full details on...more

Proposed Amendments to the TSX Company Manual – Majority Voting

by Dentons on 11/6/2012

Introduction - Pursuant to recent amendments to the TSX Company Manual (the “Manual”), which will become effective on December 31, 2012, issuers listed on the Toronto Stock Exchange (the “TSX”) will be required to disclose...more

Preparing for Compliance with the SEC’s Conflict Minerals Rule: Challenges Ahead!

by Foley Hoag LLP on 10/19/2012

In This Presentation: Overview and Introductions; Overview of the Conflict Minerals Rule; Overview of the Rule: Conflict Minerals; Overview of the Rule: Key Steps; Overview of the Rule: Reporting Requirements; Overview...more

TSX Requests Comments on Majority Voting Policy – Proposed Amendments to Part IV of the Company Manual

by Dentons on 10/18/2012

On October 4, 2012, the Toronto Stock Exchange (“TSX”) released a request for comments on proposed amendments to Part IV of the TSX Company Manual (the “Proposed Amendments”). ...more

REGULATORY: FERC: FERC Issues Show Cause Order Against J.P. Morgan Ventures Energy Corporation

by King & Spalding on 10/10/2012

The Federal Energy Regulatory Commission (“FERC”) recently issued an order directing J.P. Morgan Ventures Energy Corporation (“JP Morgan”) to show cause why it should not be found to have violated FERC’s Market Behavior...more

TSXV Provides Guidance on Procedures Relating to Stock Symbol Reservations

by Dentons on 10/8/2012

On October 1, 2012, the TSX Venture Exchange (the “TSXV”) published a Notice to Issuers providing guidance in respect of procedures relating to stock symbol reservations. Effective October 1, 2012 (the “Effective Date”),...more

Stumbling Block or Stepping Stone? Companies Face the Choice: Trip Over the SEC’s New Reporting Requirements or Use them to Launch...

by Sheppard Mullin Richter & Hampton LLP on 9/28/2012

On August 22, 2012, the Securities and Exchange Commission (SEC) adopted final rules requiring oil, natural gas, and mining companies to report to the SEC certain payments to foreign governments. The new rules are aimed at...more

SEC Issues Resource Extraction Rule

by Cadwalader, Wickersham & Taft LLP on 9/26/2012

On August 22, 2012, the Securities and Exchange Commission ("SEC") issued its final rule regarding disclosure of payments made to governments for the commercial development of oil, natural gas, or minerals. The rule...more

Preliminary 2013 Proxy Season Checklist

by Leonard, Street and Deinard - Dodd-Frank and... on 9/24/2012

At this time, there are relatively few new items that need to be considered for the upcoming proxy and 10-K season. Perhaps the biggest change is smaller reporting companies will have to hold say-on-pay and frequency of...more

Preliminary 2013 Proxy Season Checklist

by Leonard, Street and Deinard - Dodd-Frank and... on 9/24/2012

At this time, there are relatively few new items that need to be considered for the upcoming proxy and 10-K season. Perhaps the biggest change is smaller reporting companies will have to hold say-on-pay and frequency of...more

Sec Adopts Conflict Minerals and Resource Extraction Payments Rules

by White & Case LLP on 9/21/2012

On August 22, 2012, the US Securities and Exchange Commission (“SEC”) adopted final rules requiring all issuers that file reports with the SEC to disclose supply chain and sourcing information on several minerals and metals,...more

SEC Adopts Payment Disclosure Rules for Resource Extraction Issuers

by Morgan Lewis on 9/20/2012

Most public issuers engaged in the commercial development of oil, natural gas, or minerals must disclose certain payments made to U.S. federal and foreign governments and should implement systems to track these payments....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

Mining E-Review: September 2012 - British Columbia Securities Commission Issues Cease Trade Order Following Review of Barkerville...

by Osler, Hoskin & Harcourt LLP on 9/14/2012

In an environment of increasing scrutiny of technical disclosure by securities regulators, the British Columbia Securities Commission (BCSC) recently issued a full cease trade order in respect of the securities of Barkerville...more

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Securities Law › Business Organization › Energy & Utilities Law

Delaware Court Dismisses Securities Fraud Action Against Power Plant Executives

The PUHCA, Chenery & The Run For The Roses

Energy Alert: Deadline Approaches For Energy Company Swap Reporting

The Transparency Agenda: Section 1504 and Beyond

2012 Mining Report British Columbia Securities Commission

BCSC Releases 2012 Mining Report

A Creative Approach to Resisting Shareholder Proposals Pays Dividends

New Rules for Foreign Investment by State-Owned Enterprises - Do They Strike the Right Balance?

EU Considers Extending Disclosure Obligations for Government Payments

Proposed Amendments to the TSX Company Manual – Majority Voting

Preparing for Compliance with the SEC’s Conflict Minerals Rule: Challenges Ahead!

TSX Requests Comments on Majority Voting Policy – Proposed Amendments to Part IV of the Company Manual

REGULATORY: FERC: FERC Issues Show Cause Order Against J.P. Morgan Ventures Energy Corporation

TSXV Provides Guidance on Procedures Relating to Stock Symbol Reservations

Stumbling Block or Stepping Stone? Companies Face the Choice: Trip Over the SEC’s New Reporting Requirements or Use them to Launch...

SEC Issues Resource Extraction Rule

Preliminary 2013 Proxy Season Checklist

Preliminary 2013 Proxy Season Checklist

Sec Adopts Conflict Minerals and Resource Extraction Payments Rules

SEC Adopts Payment Disclosure Rules for Resource Extraction Issuers

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

Mining E-Review: September 2012 - British Columbia Securities Commission Issues Cease Trade Order Following Review of Barkerville...

No-Action Relief Excludes Tax Blocker Entity from Definition of Investment Company

SEC Adopts Resource Extraction Disclosure Rules

New Disclosure Requirements for Resource Extraction Issuers

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