Securities Law, Energy & Utilities Law, Civil Procedure

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

Conflict Minerals Challenge To Follow Resource Extraction Case To District Court

by Stephen M. Quinlivan | Leonard, Street and Deinard - Dodd-Frank and... on 5/2/2013

As previously noted, the Court of Appeals for the District of Columbia recently dismissed a challenge to the SEC’s resource extraction rules for lack of jurisdiction. The case was left to proceed pursuant to a previously...more

Appeals Court Dismisses Challenge To SEC Resource Extraction Rules

by Ethan Mark | Leonard, Street and Deinard - Dodd-Frank and... on 4/30/2013

In 2012 ,the SEC adopted final rules requiring public companies engaged in certain oil and gas activities to disclose payments made to domestic and foreign governments as required by the Dodd-Frank Act. The rules were...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

Court Rules FERC Does Not Have Authority to Fine Trader for Manipulation of Futures Contracts

by Kenneth M. Rosenzweig, Tanja Samardzija | Katten Muchin Rosenman LLP on 3/26/2013

Pursuant to the Energy Policy Act of 2005, the Federal Energy Regulatory Commission (FERC) fined a natural gas trader $30 million for manipulating the settlement price for natural gas futures contracts on the New York...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

Federal Court Concludes Much of SEC Claims Against Nicor Gas Executives Are Full of Gas

by Orrick - Securities Litigation and Regulatory... on 9/5/2012

A federal judge in Illinois hollowed out much of the SEC’s case against two former executives of Nicor Gas. SEC v. Fisher, et al., No. 07-4483 (N.D. Ill.) (Zagel, J.) (Order). Although the court allowed the SEC’s substantive...more

DISPUTE RESOLUTION: Securities Litigation: Securities Litigation and the Energy Sector by Paul R. Bessette, Michael J. Biles and...

by King & Spalding on 8/2/2012

Throughout the past ten years securities litigation has made front-page news in the energy sector. Federal securities class action filings against energy companies specifically have increased in the past three years. While...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

Sixth Circuit Holds that Electricity is a Commodity Under Robinson-Patman Act and Limits Applicability of the Filed Rate Doctrine

by King & Spalding on 6/27/2012

On June 4, 2012, in Williams v. Duke Energy International, Inc., No. 10- 3604, 2012 WL 1970096, the Sixth Circuit reversed the dismissal of Robinson-Patman Act claims against Duke Energy International, Inc. and Duke Energy...more

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Securities Law › Energy & Utilities Law › Civil Procedure