News & Analysis as of

Buyers Oil & Gas

Bracewell LLP

Buyers and Sellers Should Plan for Close Scrutiny of North Sea Oil and Gas Deals

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Over recent years, there has been an increase in M&A activity in the UK’s upstream oil and gas sector. The UK’s offshore industry has attracted this investment for reasons including the recent oil price recovery, a relatively...more

Bennett Jones LLP

Ten Takeaways for Private M&A Sellers and Buyers in Canada from Recent Court Decision

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A private M&A purchase agreement customarily includes extensive representations and warranties and indemnification provisions. Post-closing, if the buyer alleges a breach of those provisions claiming significant damages, and...more

Steptoe & Johnson PLLC

PA Supreme Court Halts AG Lawsuit Against Oil and Gas Lessees Under UTPCPL

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On March 24, 2021, in a 6-1 decision, the Pennsylvania Supreme Court halted a lawsuit against oil and gas lessees by the Pennsylvania Office of the Attorney General (OAG) under Pennsylvania’s Unfair Trade Practices and...more

Bracewell LLP

M&A - Emerging from Crisis

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The first half of 2020 has presented governments, business and individuals with an unprecedented set of circumstances to grapple with. As thoughts start to turn towards emerging from the crisis, people around the world have...more

White & Case LLP

LNG in transition: Navigating an evolving market - Are the changes reshaping the market structural or short-term?

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Significant energy market developments are raising questions for LNG sector players in Japan and worldwide. Following massive growth in the number of LNG production and export facilities, end-users and shipping capacity, the...more

A&O Shearman

Private Equity Oil & Gas Transactions: Insights for Buyers and Sellers

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Private equity funds have supplied much of the capital injected into the oil and gas exploration and production sector over the last decade. These investors will typically seek to identify, acquire, operate, enhance, and...more

Opportune LLP

Contingent Consideration: Valuing & Reporting These Two-Way Hedges for Oil & Gas Acquisitions

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Bid-ask spreads have recently been a sticking point in oil and gas deals. Sellers may feel optimistic on commodity prices or future asset performance, but buyers may be cautious, or even pessimistic, on these points. One...more

Akin Gump Strauss Hauer & Feld LLP

Revisiting LNG Resale Restrictions – Implications of Recent EU Decisions

In our July 2017 update in AG Speaking Energy, we highlighted that the Japan Fair Trade Commission (JFTC) concluded in its market study that destination clauses, diversion clauses, profit-sharing clauses and take-or-pay...more

Akin Gump Strauss Hauer & Feld LLP

European Commission Takes Aim at Qatar’s LNG Contracts

• JFTC‘s recent market study on clauses in LNG SPAs indicate that agreements may run afoul of Japanese antimonopoly laws. • EU cases may provide guidance on application of competition law to destination clauses, diversion...more

Jackson Walker

‘A Primer on Marketing Hydrocarbons’ Presentation

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Jackson Walker partner Michael P. Pearson delivered a presentation entitled “A Primer on Marketing Hydrocarbons” at the Fundamentals of Oil, Gas and Mineral Law Course associated with the 44th Annual Ernest E. Smith Oil, Gas...more

Locke Lord LLP

Did You Know You’re an Escrow Agent?

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Many purchase/sale transactions require payments into escrow. Sometimes counsel for one of the parties acts as escrow agent to keep the fees down. Providing such a service has its risks. In Alexander O&G, LLC v. Nomad...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Identifying and Addressing Environmental Issues in Petroleum Marketing Agreements (“Presentation”)

The Arkansas Oil Marketers Association Environmental Workshop was held on August 30th in Little Rock. I undertook a presentation titled: Identifying and Addressing Environmental Issues in Petroleum Marketing...more

Jones Day

Japanese Report: LNG Sale and Purchase Agreement Destination Restrictions Likely Anticompetitive

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On June 28, 2017, the Japan Fair Trade Commission ("JFTC") published a report based on a survey conducted from July 2016 to May 2017 ("Report"), concluding that destination restrictions provided in liquefied natural gas...more

Akin Gump Strauss Hauer & Feld LLP

The Japan Fair Trade Commission Has Said No to LNG Resale Restrictions—What Does This Mean for Japanese and Non-Japanese LNG...

In June 2017, the Japan Fair Trade Commission (JFTC) issued its conclusion on an earlier market study on liquefied natural gas (LNG) resale restrictions and cautioned that (i) destination clauses, (ii) diversion clauses,...more

King & Spalding

Top Five Issues for the LNG Industry in 2017

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As low oil prices dragged on for another year, LNG sellers and developers continued to face hurdles in 2016. Unfortunately but not surprisingly, we witnessed more projects cancelled or put on hold, including LNG Canada and...more

King & Spalding

LNG Disputes on the Rise

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Although some in the LNG industry are generally aware of price review disputes (mostly in Europe) that occurred during the last decade, the growing overall trend globally in LNG disputes (especially via international...more

Spilman Thomas & Battle, PLLC

The Shale Bankruptcy Boom Moves Midstream

The shale boom has given rise to another, less welcome boom: the bankruptcy boom. Thirty-five exploration and production (“E&P”) companies sought bankruptcy protection between July 1, 2014, and December 31, 2015, and this...more

WilmerHale

Energy Sector Alert Series: Five Essentials for Managing Deal Risk

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In this eight-week alert series, we are providing a broad look at current and emerging issues facing the energy sector. Attorneys from across the firm will discuss issues ranging from environmental disclosures and risk...more

King & Spalding

The Top 10 Questions Facing the LNG Industry in 2016

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Although continuing low oil prices affect the LNG industry in expected ways (e.g., delays and cancellations in the development of LNG export projects) and unexpected ways (e.g., take-overs between major players in an already...more

McNees Wallace & Nurick LLC

Smart Selling And Buying: 5 Main M&A Pitfalls to Avoid

Marcellus Shale drilling was taking off, and the owner of an oil and gas service company fielded a buyout offer from a Wall Street private equity firm. Golden opportunity, right?...more

King & Spalding

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

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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

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