News & Analysis as of

Tolling Agreement

Eighth Circuit Vacates Disgorgement Order As Time-Barred Under Kokesh But Leaves Injunction Undisturbed

by Shearman & Sterling LLP on

On June 29, 2017, the United States Court of Appeals for the Eighth Circuit vacated a disgorgement order against Crawford Capital Corporation, a venture capital firm, and its owner, Paul D. Crawford, citing the U.S. Supreme...more

Kokesh v. SEC: Supreme Court Reins in SEC’s Powerful Disgorgement Remedy

This week, the Supreme Court in Kokesh v. SEC unanimously held that the Securities and Exchange Commission’s (SEC) equitable disgorgement remedy is subject to a five-year statute of limitations because it is a “penalty”...more

The U.S. Supreme Court Puts S.E.C. Disgorgement Actions on the Clock

by Miller Canfield on

The U.S. Supreme Court continues to limit the timeframe in which the U.S. Securities and Exchange Commission (“S.E.C.”) can seek to levy monetary penalties in enforcement actions it brings against violators of the federal...more

Arbitration Options Put Global Insurers In The Driver Seat

by Robins Kaplan LLP on

Globalization of the insurance market has seen an increase in the use and enforcement of international arbitration agreements in insurance policies. When tragedy strikes or loss occurs, insurers have a variety of options to...more

PTAB Holds that Parties Cannot Contractually Alter Legal Effect of District Court Dismissal

by Knobbe Martens on

In Superior Communications, Inc. v. Voltstar Technologies, Inc., IPR2017-00067, Paper 14 (P.T.A.B. Apr. 25, 2017), the Patent Trial and Appeal Board instituted inter partes review of U.S. Patent No. 7,910,833, despite...more

DOJ Challenges Illegal Antitrust “Gun Jumping” In Energy Transaction

by King & Spalding on

The Department of Justice Antitrust Division recently brought a civil antitrust lawsuit against Duke Energy Corporation, alleging that the electric power generator engaged in illegal “gun jumping” by obtaining beneficial...more

Expanding HSR Gunjumping Enforcement: Swan Song, or Harbinger of What's to Come?

by Proskauer Rose LLP on

In a move that may not have stood up under the new administration, the U.S. Department of Justice Antitrust Division settled a matter during the last days of the Obama Administration which involved allegations of...more

Beware the Tolling Agreement, It May Toll for Thee: New Gun-Jumping Action Targets Certain Tolling Agreements

by WilmerHale on

Late last week, with only hours left for the Obama Administration, the Antitrust Division of the Department of Justice (DOJ) released one of the most remarkable gun-jumping enforcement actions in the more than 40-year history...more

Maryland Federal Court Approves Residential Sales Contract Provision Creating a One-Year Period of Limitations

by Baker Donelson on

In Daniels v. NVR, Inc., t/a Ryan Homes, the United States District Court for the District of Maryland upheld the validity of a contractual provision in a residential home purchase agreement that reduced the normal period of...more

DOJ dismisses last of the drug trafficking charges against FedEx: two key takeaways

by DLA Piper on

Recently, four days into what had been scheduled to be a seven-week trial, the US Department of Justice voluntarily dismissed the last of the criminal charges it had brought in its money laundering and drug trafficking...more

Court Slams DOJ By Dismissing The Majority Of Indictment Against Fedex – Rules The Defense Does Not Have A Duty To Correct DOJ’s...

by Butler Snow LLP on

In the ambitious and novel federal criminal prosecution of FedEx for alleged drug distribution conspiracy, Judge Charles R. Breyer recently ruled that defense counsel has no duty to correct government’s mistakes when...more

Rauner Administration Declares Impasse, Seeks Ruling from the Illinois Labor Relations Board

by Franczek Radelet P.C. on

Last week, Governor Bruce Rauner broke off contract negotiations with AFSCME Council 31, the union that represents nearly 40,000 state workers, and will seek a declaration from the Illinois Labor Relations Board (“the Board”)...more

Wright Medical 2015 Wrap Up

At this time, pending in the federal court MDL proceedings in Georgia and 700 cases pending in the California state court consolidated proceedings. There are also more than 800 individual cases pending on a tolling agreement...more

Too Little, Too Late: Eleventh Circuit Rejects Multiple Bites At The Apple For Class Claims

by Seyfarth Shaw LLP on

Defendants can add a new decision to their arsenal for defending against multiple proposed class actions on the same claims. The Eleventh Circuit recently issued a decision in Ewing Industries Corporation v. Bob Wines...more

Perhaps EPA’s NSR Enforcement Initiative Is Now Dead? EPA Loses Another

Last year, after a string of defeats for EPA in its NSR enforcement initiative, I suggested that the initiative was in trouble, but that EPA was probably not yet ready to concede defeat. After the latest blow, earlier this...more

How Latin American LNG Markets and U.S. Exports are Reshaping the LNG Market

by King & Spalding on

Traditionally, long-term take-or-pay "ToP" LNG sale and purchase agreements ("LNG SPAs") provide the foundation for the development of an LNG export project. These are contracts with terms of 20 years or longer. A buyer under...more

Third Party Tolling Agreements

by King & Spalding on

With North America being the region of current focus as a result of the many LNG export projects that have access to North America grid gas, third party LNG tolling is front and center. The relationship between the owner of...more

Energy Newsletter - March 2014

by King & Spalding on

In This Issue: - REGULATORY: Oil & Gas Regulatory, Government Relations: Congress Probes Crude Rail Safety Developments; Voluntary Industry-Regulator Agreement Addresses Safety Concerns - Environmental: A "Diesel...more

Tolling Agreement Held as Trigger Under Claims Made Policy - Plain Policy Language Provides Safe Harbor for Insurer

by Baker Donelson on

For insurers concerned about the effect of tolling agreements between an insured and a third party, the United States District Court for the Eastern District of Louisiana recently confirmed that the proper policy language...more

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

by King & Spalding on

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

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