Energy Newsletter - August 2011


In This Issue



- The EU's Third Energy Package: Reforms Kick-In but Member State Implementation Lags Behind

A revised regulatory framework for promoting integration of, and increased competition in, EU natural gas and electricity markets awaits national legislation by each of the 27 EU Member States required for the Third Energy Package totake full effect....


- Best Practices: Avoiding Unenforceable Liquidated Damage Provisions

Tips on how to negotiate and draft an enforceable liquidated damage provision inconstruction contracts...


- Representations and Warranties in Energy Transactions

Energy M&A transactions present opportunities for buyers and sellers tonegotiate Representations and Warranties clauses that are targeted to the type of asset being acquired....


Government Advocacy & Public Policy

- With Partisan Gridlock in Washington, Chances for Energy Legislation AreLimited But May Include Electric Vehicle Development

Electric vehicle development seems poised to be one of the few areas where the Obama Administration and congressional majority and minority could findcommon ground....

Mining & Natural Resources

- Extractive Industries, International Transparency, and Royalty Management Efforts

International efforts to alter royalty regimes in developing and resource-rich nations combined with corporate social responsibility (CSR) efforts can pay dividends in investment sustainability....


International Arbitration

- Challenging a Host State's Tax Measures Through International Arbitration

If a host State alters a settled tax regime in a way that negatively impacts economics of an energy project, a bilateral investment treaty could offer an affected investor certain protections...

Tort Litigation

- Keystone XL: Collateral Damage from the Silvertip Spill

In July, ExxonMobil's Silvertip pipeline ruptured along the Yellowstone River in Montana, releasing an estimated 1,000 barrels of crude oil. The event occurred as the U.S. State Department decides whether to authorize an Alberta to Gulf oil pipeline and presents additional challenges for Keystone XL's proponents...

Please see full newsletter below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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