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Energy & Utilities Mergers & Acquisitions Civil Procedure

Read need-to-know updates, commentary, and analysis on Energy & Utilities issues written by leading professionals.

Antitrust Alert: Federal Court Rejects Failing Firm Defense in Merger Case

by Jones Day on

A new decision from a federal court in Delaware reinforces the high burden that parties face in insulating an otherwise anticompetitive merger based on the so-called "failing firm" defense. The Justice Department ("DOJ")...more

Debt Dialogue: April 2017 - The ‘Commercially Reasonable Efforts’ Standard as Defined by the Delaware Supreme Court

In its recent decision in The Williams Cos., Inc. v. Energy Transfer Equity, L.P., et al., the Delaware Supreme Court offered guidance on the interpretation of the “commercially reasonable efforts” standard in a merger...more

Global Private Equity Newsletter - Spring 2017 Edition: Purchase Price Adjustment Disputes: Drafters Beware

by Dechert LLP on

It is common practice for purchase agreements in private company M&A transactions to contain one set of rules to determine and resolve disputes regarding a post-closing purchase price adjustment and a separate, often vastly...more

InterOil and heightened judicial scrutiny of plans of arrangement

by Dentons on

A recent decision of the Yukon Court of Appeal (comprised of justices of the British Columbia Court of Appeal) has confirmed the importance for boards of directors to ensure not only that a proposed plan of arrangement is...more

Tentative Decision Favors Private Utility Company in Takeover Bid

by Nossaman LLP on

One of the hot issues in eminent domain these days involves the government’s efforts to take over privately-run utility companies. The argument typically is that the government — which has no profit-making motive — can run...more

Your daily dose of financial news - The Brief – 9.14.16

by Robins Kaplan LLP on

Following news of Starboard Value’s plan to shake things up at Perrigo, we have this take from Breakingviews, which suggests that fending off a hostile takeover (as Perrigo did from Mylan) tends to “make fertile turf for an...more

Second Circuit Issues Amended Order Affirming Dismissal in Transocean

by Burr & Forman on

On April 29, the United States Court of Appeals entered an amended order (previously decided on March 17, 2016) that affirmed the decision of the United States District Court for the Southern District of New York in DeKalb...more

Antitrust Lessons from Oil Giants’ Proposed Merger

In perhaps an unsurprising move, last week the U.S. Department of Justice filed a civil antitrust lawsuit challenging the merger of Halliburton and Baker Hughes, the first and third largest oilfield services companies in the...more

Ofgem’s certification review of the Blue Transmission Companies

by White & Case LLP on

On 4 February 2016 Ofgem published a decision reviewing the certification status of the Blue Transmission Companies (“BTCs”). The review follows two other previous Ofgem decisions. The reasoning of Ofgem and the EU Commission...more

Oil Supplier Appeals Conoco’s Right To Buy Stake In Refinery Unit

by Carlton Fields on

In a long-standing dispute between Venezuelan state-owned Oil Company Petroleos de Venezuela SA (“Petroleos”) and ConocoPhillips, a New York district court judge upheld ConocoPhillips’ acquisition of a 50% stake in a Texas...more

Mello-Roos Act Can Lawfully Finance Eminent Domain Actions

by Best Best & Krieger LLP on

California Appellate Court Affirms Public Water District's Action to Buy Private Water Company - The Mello-Roos Act can be used to finance acquisitions by eminent domain, the Second District Court of Appeal affirmed in a...more

"Opening shot" in negotiations: when does "without prejudice" protection apply?

by Allen & Overy LLP on

In Rochester Resources Ltd & ors v Leonid Lebedev & anr [2014] EWHC 2185 (Comm), 2 July 2014, the High Court found that a draft set of Particulars (a Complaint), produced in advance of U.S. Litigation and sent to the other...more

Energy Newsletter - November 2013

by King & Spalding on

In This Issue: - Investments in LNG Project Companies - Key Issues relating to Shareholding Acquisitions - Risk Service Structure Becomes a Little Less Risky for Russian Offshore Operations - UK's Labour...more

Paris Energy Series No. 8: Beware of the Boilerplate – The Risks of Standard-form Clauses in Common and Civil Law Jurisdictions

by White & Case LLP on

1. Introduction - When commercial agreements are negotiated, certain key terms are generally the subject of intense discussion. Once these terms have been agreed, there is a risk the ‘boilerplate’ provisions1 at the...more

Energy Newletter - March 2012

by King & Spalding on

In This Issue: TRANSACTIONAL Transactions The Top 10 Issues Facing the LNG Industry in 2012 Philip Weems, Matt Salo With numerous technological, commercial, and geopolitical factors...more

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