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ISS Adopts Updates To Canadian Corporate Governance Policy For 2014

Institutional Shareholder Services (“ISS”) has adopted updates to its Canadian Corporate Governance Policy (“CCGP”), which will take effect for shareholder meetings held on or after February 1, 2014. ISS is a leading and...more

Asia: Corporate Newsletter - July 2013

Effect of regulatory non-compliance on suitability of listing - Under the Listing Rules, a listing applicant must be considered by the Hong Kong Stock Exchange (SEHK) as suitable for listing before it can be listed....more

Administrative Law Judge Recommends 4.7 Percent Increase for Xcel Energy's Minnesota Customers

On July 8, 2013, Xcel Energy Inc., submitted a filing with the SEC detailing an Administrative Law Judge’s decision in a pending electric rate case in Minnesota and calculating the decision’s impact on one of its...more

Corporate Communicator - Summer 2013

In this issue of the Corporate Communicator, we are providing a short update concerning two recent reporting and governance matters affecting public companies. The first item is developments relating to a proposal by the...more

Guidance for Compliance with SEC Minerals Rules

The Securities and Exchange Commission recently adopted final rules requiring disclosure of the use of “conflict minerals” by public companies, pursuant to a provision of the Dodd-Frank Wall Street Reform and Consumer...more

TRANSACTIONAL: Corporate/London: Shareholders' Agreements for LNG Midstream Projects

In contrast to joint venture issues relating to upstream oil and gas development, the topic of shareholders' agreements for Liquefied Natural Gas (LNG) liquefaction projects has not been covered to a similar extent in...more

SEC Issues FAQs On Disclosure Of Payments By Resource Extraction Issuers

The SEC has issued nine frequently asked questions, or FAQs, on the disclosure of payments by resource extraction issuers....more

Delaware Court Dismisses Securities Fraud Action Against Power Plant Executives

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

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 Although it was repealed several years ago, the PUHCA remains important as the legal substrate upon which the famous, and still...more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

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

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

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

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

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

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

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

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!

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

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

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

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...

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

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

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

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

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

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