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Oil & Gas Shareholders

Newburn Law

The Death of the Acreage Dedication?

Newburn Law on

Acreage dedications in midstream oil and gas contracts have been subject to considerable scrutiny and legal debate in recent years. This article provides an overview of the current state of acreage dedications, examining key...more

Cornerstone Research

Estimating Counterfactual Prices in Energy Markets

Cornerstone Research on

The use of factual/counterfactual comparisons—that is, estimating the difference between what actually happened and what would have happened absent an event—is a fundamental tool in the economists’ work box in the context of...more

White & Case LLP

The INDEX Act: A challenge to the voting influence of institutional investors that may yield unintended consequences

White & Case LLP on

The Act's supporters say it would shift voting power from large investment advisers to individual investors, but the reality could be far more complex - The INDEX Act arrives at a moment of increasing resistance to ESG...more

Bennett Jones LLP

Zombie Working Interest Partners: A Scary Trend In the Oil Patch

Bennett Jones LLP on

While the popularity of zombies in film and popular culture has grown exponentially in the last decade, participants in the Western Canadian oil patch have increasingly been dealing with a different kind of zombie—"zombie...more

Bennett Jones LLP

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

Bennett Jones LLP on

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

Pillsbury Winthrop Shaw Pittman LLP

Implementing China’s New Foreign Investment Law, Part One: Reporting Requirements

The first installment of a series of alerts focusing on practical issues relating to China’s new Foreign Investment Law. The law institutes new reporting requirements for foreign investors....more

Pillsbury Winthrop Shaw Pittman LLP

Bankruptcy Blockers in Governance Documents May Not Prevent Real Estate or Other Bankruptcies

In a recent Delaware ruling, Judge Mary F. Walrath declines to follow the Fifth Circuit and holds that “a minority shareholder has [no] more right to block a bankruptcy… than a creditor does.” Real estate and other lenders...more

King & Spalding

Litigation Risks For Energy Company Executives During Bankruptcy

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Spurred by the Russia-OPEC dispute and the worldwide lockdown to prevent the spread of COVID-19, the price of oil has fallen to historical lows. Many oil and gas companies face substantial doubt about their ability to...more

Skadden, Arps, Slate, Meagher & Flom LLP

A Look at 2019 Court Decisions That May Shape Restructuring Issues in the Year Ahead

A series of decisions over the past year — on issues such as make-whole premiums, intercreditor agreements, backstops for rights offerings and nonconsensual third-party releases — will likely have a significant impact in 2020...more

Blake, Cassels & Graydon LLP

Canadian Mergers and Acquisitions: FAQs and 2019 Trends

The Blakes Canadian Mergers and Acquisitions: FAQs and 2019 Trends answers frequently asked questions regarding the regulation of public M&A in Canada and provides an outlook for what 2019 may hold based on significant...more

Jones Day

Business Restructuring Review | September–October 2018

Jones Day on

In This Issue: Caveat Emptor—Anti-Assignment Clause Renders Transferred Claim Unenforceable - In In re Woodbridge Group of Companies, LLC, 2018 WL 3131127 (Bankr. D. Del. June 20, 2018), the bankruptcy court ruled...more

King & Spalding

Energy Newsletter - September 2018

King & Spalding on

A Texas Federal Judge Turns Up the Heat on Oil Companies Facing Climate Change-Related Securities Class Actions - On August 14, 2018, the United States District Court for the Northern District of Texas issued a...more

King & Spalding

A Texas Federal Judge Turns Up the Heat on Oil Companies Facing Climate Change-Related Securities Class Actions

King & Spalding on

On August 14, 2018, the United States District Court for the Northern District of Texas issued a surprisingly shareholder-friendly opinion denying a motion to dismiss filed by Exxon Mobil Corp. See Ramirez v. Exxon Mobil...more

Orrick, Herrington & Sutcliffe LLP

S.D.N.Y. Dismisses Chapter 15 Appeal By Purported Shareholder On Standing And Equitable Mootness Grounds

In an April 6, 2018 memorandum opinion and order, U.S. District Judge John G. Koeltl dismissed an appeal challenging the Chapter 15 recognition of a Cayman Islands restructuring of an offshore drilling contractor, holding...more

A&O Shearman

Indonesia tightens control over changes in shareholding and boards of oil and gas, power, geothermal and mining companies (updated...

A&O Shearman on

Less than three weeks after its issue, the Minister of Energy and Mineral Resources has revoked Regulation No. 42 of 2017 on Supervision of Business Activities in the Energy and Natural Resources Sector and replaced it with...more

A&O Shearman

Indonesia tightens control over changes in shareholding and boards of oil & gas, power, geothermal and mining companies

A&O Shearman on

Indonesia just issued a new regulation (Reg. 42/2017) that extends governmental control on private and foreign investment in the energy and mining sectors. Whilst similar forms of control already existed in the upstream...more

Mintz - Energy & Sustainability Viewpoints

Exxon Mobil Shareholders Push for Climate Policy Risk Disclosure

A new trend is emerging among the country’s most influential fossil fuel investors: a demand for climate change accountability and progress towards a low-carbon economy. On May 31, 2017, a vote among Exxon Mobil’s...more

Blake, Cassels & Graydon LLP

Mergers & Acquisitions: Trends to Watch in 2017

Canadian M&A activity rose once again in 2016, surpassing a record-breaking 2015 to become the most active year in Canadian deal-making history. In terms of deal value, 2016 will be second only to the peak of 2007....more

Proskauer - Corporate Defense and Disputes

Dutch Collective Actions vs. Collective Settlements

As U.S. law has become less willing to entertain certain types of lawsuits on behalf of worldwide classes of plaintiffs, litigants have looked for other forums that might allow the prosecution – or at least the resolution –...more

Katten Muchin Rosenman LLP

Corporate & Financial Weekly Digest - Volume X, Issue 27

In this issue: - Court of Appeals for Third Circuit Overturns District Court Ruling Regarding Exclusion of Shareholder Proposal From Proxy Statement - FINRA Updates Its Interpretation of the SEC's Financial...more

Thomas Fox - Compliance Evangelist

The Easter Rebellion and Petrobras’ $17 Billion Write Down

On this day, 99 years ago the Easter Rebellion began. If there is one event that is seared into history as a turning point for Irish independence from Britain, it was the Easter Rebellion. England had finally granted Home...more

Orrick, Herrington & Sutcliffe LLP

Delaware Supreme Court Holds That Revlon Does Not Require An Active Market Check, Reverses Lower Court Order Preliminarily...

On December 19, 2014, the Supreme Court of Delaware reversed the Delaware Court of Chancery's November decision to preliminarily enjoin for 30 days a vote by C&J Energy Services stockholders on a merger with Nabors Red Lion...more

Stinson - Corporate & Securities Law Blog

Proxy Access: Request to Reconsider Whole Foods; Another Seeks to Avoid NYC Proposal

James McRitchie was the shareholder proponent who submitted a proxy access proposal to Whole Foods. The SEC granted Whole Foods’ request to exclude the proposal. Mr. McRitchie has now requested an appeal to the full...more

Orrick, Herrington & Sutcliffe LLP

Minority Shareholders' Alleged Control of Management and Operations Does Not Establish Domination of the Board

Emphasizing the demanding pleading standards a shareholder must meet to show that a minority shareholder controls a board of directors, on November 25, Vice Chancellor Glasscock dismissed claims for breach of fiduciary duties...more

Orrick, Herrington & Sutcliffe LLP

Delaware Court Preliminarily Enjoins Merger Due to Flawed Sales Process

On November 24, 2014, the Delaware Court of Chancery preliminarily enjoined for thirty days a vote by C&J Energy Services stockholders on a merger with Nabors Red Lion Limited, to allow time for C&J's board of directors to...more

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