News & Analysis as of

Market Manipulation Federal Energy Regulatory Commission Commodities Futures Trading Commission

Morgan Lewis - Power & Pipes

FERC to Investigate Natural Gas and Electricity Markets in Wake of Texas Storm

The Federal Energy Regulatory Commission (FERC) announced on February 22 that its Office of Enforcement would examine wholesale natural gas and electricity market activity during last week’s extreme cold weather ...more

Dorsey & Whitney LLP

The DOJ, SEC, CFTC, FERC and Uneconomic Market Trading

Dorsey & Whitney LLP on

Uneconomic trading in regulated markets is a key focus of market regulators such as the DOJ, SEC, CFTC and FERC. Traders at times, for example, take different positions in select markets which can result in losses in one...more

WilmerHale

Energy Market Manipulation Remains a Hot Issue at FERC

WilmerHale on

This is the eighth issue of WilmerHale’s 10-in-10 Hot Topics in Energy Series. Over the course of 10 weeks, our attorneys will share insights on current and emerging issues affecting the US energy sector. ...more

Akin Gump Strauss Hauer & Feld LLP

CFTC Brings Energy Market Insider Trading Case, Announces Insider Trading Task Force

• The CFTC has filed a new “insider trading” enforcement action involving the energy markets—the agency’s third energy market insider trading case since 2015. • The CFTC also created an Insider Trading and Information...more

WilmerHale

8-in-8 Recent Trends in European Law and Policy Alert Series Update on Energy Market Manipulation in the EU

WilmerHale on

This is the third issue of WilmerHale’s 8-in-8 Recent Trends in European Law and Policy Alert Series. In this series, our attorneys share insights on current and emerging issues affecting companies doing business in Europe...more

Akin Gump Strauss Hauer & Feld LLP

FERC Enforcement Releases 2017 Annual Report

• On November 16, 2017, the Federal Energy Regulatory Commission released its 11th annual Report on Enforcement, detailing the agency’s Enforcement activities in 2017. • Key highlights are that Enforcement priorities were...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Southern District Decision Highlights Challenges for Private Litigants Pursuing Manipulation Claims Under the CEA"

The U.S. District Court in the Southern District of New York recently dismissed a class action lawsuit alleging that Total, S.A., Total Gas & Power North America, Inc., and Total Gas & Power Limited (collectively, “Total”)...more

Akin Gump Strauss Hauer & Feld LLP

Acting (and Potentially Permanent) CFTC Chairman Warns of “Aggressive and Assertive Enforcement Action by the CFTC Under the Trump...

In remarks before the International Futures Industry Conference, Acting Chairman J. Christopher Giancarlo—who was just nominated by President Trump to be permanent Chairman—talked about the future of the Commodity Futures...more

Moore & Van Allen PLLC

As Agency Enforcement Efforts Mount, CFTC Prohibits Private Lawsuits Against RTOs/ISOs for Market Manipulation

Moore & Van Allen PLLC on

Incidents of alleged fraud and market manipulation in the energy markets increasingly have received the attention of federal agency enforcement efforts, including the Federal Energy Regulatory Commission (FERC) and the...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Skadden Energy Law Handbook: Fourth Edition (November 2016)"

Skadden’s Energy Regulation and Litigation Group is pleased to provide the fourth edition of the Skadden Energy Law Handbook, which includes a summary of recent developments. The handbook contains 16 chapters covering a broad...more

Stinson - Corporate & Securities Law Blog

CFTC Extends Exemptions of RTO Energy Products to Bar Private Rights of Action

The CFTC quelled a controversy that had emerged regarding its proposed exemption of certain specified energy products transacted in Regional Transmission Organizations (RTO) by doing a “180” on its proposals that otherwise...more

Akin Gump Strauss Hauer & Feld LLP

CFTC Likely Will Not Move Forward on Controversial Proposal to Allow Private Claims for Fraud and Market Manipulation in...

In May 2016, the Commodity Futures Trading Commission (CFTC) proposed an amendment to a 2013 order concerning regional transmission organization (RTO) and independent system operator (ISO) organized electric markets that...more

Akin Gump Strauss Hauer & Feld LLP

BP Case Reflects FERC’s Broad View of its Jurisdiction

On July 11, 2016, the Federal Energy Regulatory Commission (FERC or “Commission”) issued an order affirming an Administrative Law Judge’s (ALJ) Initial Decision finding that BP America (“BP”) and certain affiliated entities...more

Stinson LLP

CFTC Proposal Invites Private Litigation of RTO Market Manipulation Theories

Stinson LLP on

With its proposed order issued earlier this week, the Commodity Futures Trading Commission (CFTC) may be making an already complicated landscape governing energy market manipulation even more so. The proposed order (CFTC...more

Cadwalader, Wickersham & Taft LLP

CFTC Proposes Amendment to RTO-ISO Order

On May 10, 2016, the Commodity Futures Trading Commission (“CFTC”) proposed an amendment (“Proposed Amendment”) to an order it issued on March 28, 2013 (“RTO-ISO Order”), exempting certain electric energy transactions from a...more

Stinson LLP

FERC Proposes to Pierce the Corporate Veil and Impose $216 Million in Fines in Alleged Natural Gas Market Manipulation Scheme

Stinson LLP on

On April 28, 2016, FERC issued an order directing Total Gas & Power North America, Inc. (Total Gas), two of its traders, its ultimate corporate parent, Total S.A. (Total) and an affiliate Total Gas & Power, LTD (TGPL) to show...more

Skadden, Arps, Slate, Meagher & Flom LLP

Skadden Energy Law Handbook - Third Edition (Dec. 2015)

Skadden’s Energy Regulatory and Litigation Group is pleased to provide the third edition of the Skadden Energy Law Handbook. This edition includes updates on recent developments, as well as a summary of those developments....more

Cozen O'Connor

2015 Agency Enforcement Reports Reveal Record CFTC Fines, FERC “Steady as She Goes”

Cozen O'Connor on

The Commodity Futures Trading Commission (CFTC) and the Federal Energy Regulatory Commission’s (FERC) 2015 enforcement reports reveal one agency – the CFTC – imposing record fines, with the other – FERC – continuing its...more

Eversheds Sutherland (US) LLP

FERC Proposes Expansive “Connected Entity” Reporting Requirement

The Federal Energy Regulatory Commission (FERC) has proposed requiring the operators of centralized wholesale power markets to collect and provide to FERC a broad range of market participant data, including (i) each market...more

Akin Gump Strauss Hauer & Feld LLP

BP Case May Again Test Limits of FERC’s “In Connection With” Enforcement Jurisdiction

A Federal Energy Regulatory Commission (FERC) Administrative Law Judge last week issued an Initial Decision finding that BP America (BP) and certain related BP entities violated FERC’s Anti-Manipulation Rule. Following a...more

Katten Muchin Rosenman LLP

CFTC Proposes to Exempt Certain Southwest Power Pool Transactions

On May 18, the Commodity Futures Trading Commission issued a proposed order in response to an application submitted by Southwest Power Pool, Inc. (SPP) to exempt certain contracts, agreements and transactions for the purchase...more

Cadwalader, Wickersham & Taft LLP

FERC Enforcement Director Calls For Legislative Fix To Address Hunter Decision

On January 15, 2014, Mr. Norman Bay, Director of the Office of Enforcement at the Federal Energy Regulatory Commission (FERC), testified at a Senate Banking Subcommittee on Financial Institutions and Consumer Protection...more

Moore & Van Allen PLLC

Barriers to Cooperation between the CFTC and FERC Hinder Investigations into Energy Market Manipulation – A Legislative Fix May be...

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The Federal Energy Regulatory Commission (“FERC”) has initiated investigations into energy market manipulation in the last two years that have resulted in nearly $1 billion in penalties and profit disgorgements from companies...more

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