News & Analysis as of

Federal Energy Regulatory Commission Price Manipulation

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

Morgan Lewis

CFTC Proposes to Allow Private Lawsuits for Transactions in RTOs and ISOs

Morgan Lewis on

The proposal could create uncertainty for market participants and raise jurisdictional questions about which regulator should police power markets....more

McDermott Will & Emery

CFTC Proposes Reversing Course, Granting Private Right of Action in Energy Market Manipulation

McDermott Will & Emery on

Last week the Commodity Futures Trading Commission (CFTC) issued a notice of proposed order and request for comment proposing to allow a private right of action to enforce violations of the anti-manipulation, anti-fraud or...more

Patterson Belknap Webb & Tyler LLP

New York District Court Allows Monopolization Claims Alleging Manipulation of Electricity Prices to Proceed Against Barclays

Last week, Judge Victor Marrero of the U.S. District Court for the Southern District of New York partially granted Barclays PLC’s motion to dismiss antitrust and unfair enrichment claims brought against it by Merced...more

Katten Muchin Rosenman LLP

Bridging the Week - March 2016

California Federal Court Refuses to Stop FERC Lawsuit to Uphold the Validity of US $453 Million Penalty for Manipulating Electricity Prices: A federal court in California refused to stop a lawsuit by the Federal Energy...more

Akin Gump Strauss Hauer & Feld LLP

FERC Proposes $2.4 Million Civil Penalty for CAISO Power Trading Activities

On December 16, 2015, the Federal Energy Regulatory Commission (FERC or the Commission) issued an Order to Show Cause and Notice of Proposed Penalty (OSC) directing ETRACOM LLC and its principal member and trader, Michael...more

Cadwalader, Wickersham & Taft LLP

Such a fact pattern does not a $5 million penalty make

Or so says one dissenting FERC Commissioner in the recent Maxim Power enforcement proceeding. On May 1, 2015, FERC issued an order assessing civil penalties (the “Order”) of $5 million against Maxim Power Corporation and its...more

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