On April 1, 2022, the U.S. District Court for the District of Maryland granted in part and denied in part motions for summary judgment brought by lenders on claims against them for alleged participation in fraud by a borrower...more
Economic ripples of Russia’s invasion of Ukraine will permeate the financial, energy, retail, and agricultural sectors, among others. (A link to a related King & Spalding webinar is located here.) While the full effects of...more
6/28/2022
/ Bilateral Investment Treaties ,
China ,
Economic Sanctions ,
Foreign Assets ,
Imports ,
India ,
Interest Rates ,
Oil & Gas ,
Price Inflation ,
Russia ,
Sovereign Debt ,
Ukraine
On February 23, 2022, the Washington Court of Appeals applied the doctrine of “account stated” to shield a lender from liability. South Sound RV Park obtained financing from Niwara to purchase a recreational vehicle park....more
8 Key Business Takeaways From Russia’s War -
Economic ripples of Russia’s invasion of Ukraine will permeate the financial, energy, retail, and agricultural sectors, among others. (A link to a related King & Spalding...more
3/24/2022
/ Arbitration Awards ,
China ,
Copyright Infringement ,
Economic Sanctions ,
Force Majeure Clause ,
Foreign Assets ,
Foreign Debt ,
India ,
Interest Rates ,
Oil & Gas ,
Price Inflation ,
Russia ,
Trademark Infringement ,
Ukraine
Fifth Circuit Concludes That Forced Change of Control Was Not The Product of Duress -
The U.S. Court of Appeals for the Fifth Circuit affirmed a lower court’s rejection of a guarantor’s duress defense in the face of a $58...more
In a much-anticipated decision issued on October 26, the Bankruptcy Court for the Southern District of Texas awarded make-whole premiums and post-petition interest (i.e., interest accruing after the bankruptcy filing) to...more
The Impact of COVID-19 on Nuclear Electricity Sales Contracts in France -
The electricity sector, like numerous others in France, has been heavily affected by the economic shutdown due to the COVID-19 pandemic.
The...more
6/25/2020
/ Administrative Hearings ,
Amended Rules ,
CARB ,
Climate Change ,
Commercial Bankruptcy ,
Construction Project ,
Coronavirus/COVID-19 ,
Delays ,
Electricity ,
Energy Sector ,
FERC ,
Force Majeure Clause ,
France ,
Low Carbon Fuel Standard ,
Mexico ,
Natural Gas ,
Nuclear Power ,
OSHA ,
Petition For Rehearing ,
Pipelines ,
Power Companies ,
Power Grid ,
Public Nuisance ,
Removal ,
Renewable Energy ,
Sales Contracts ,
Solar Energy ,
State Law Tort Claims ,
Wind Power ,
Workplace Injury
Energy Explosion: 10 Trends to Watch in Energy Restructuring -
On April 20, 2020, U.S. benchmark crude traded negative for the first time. This drastic drop in price was caused by the perfect storm of the Saudi...more
5/20/2020
/ Carbon Off-Set Credits ,
Coronavirus/COVID-19 ,
Energy Sector ,
Foreign Investment ,
Mexico ,
Natural Gas ,
Oil & Gas ,
Power Infrastructure ,
Renewable Energy ,
Russia ,
Saudi Arabia ,
Sustainability ,
Testimony
On April 20, 2020, U.S. benchmark crude traded negative for the first time. This drastic drop in price was caused by the perfect storm of the Saudi Arabia-Russia price war and the novel Coronavirus...more
On February 25, 2020, the United States Supreme Court issued a unanimous opinion vacating a decision by the U.S. Court of Appeals for the Tenth Circuit applying federal common law to determine the allocation of a corporate...more
2/28/2020
/ Affiliated-Business Arrangements ,
Appeals ,
Bob Richards Rule ,
Commercial Bankruptcy ,
Consolidated Tax Returns ,
Federal Common Law ,
Federal v State Law Application ,
IRS ,
Jurisdiction ,
Lack of Authority ,
Parent Corporation ,
Remand ,
Rodriguez v Federal Deposit Insurance Corp. ,
SCOTUS ,
State Law Claims ,
Tax Allocation Agreements ,
Tax Refunds ,
Vacated
Significant Changes to FERC’s Rules for Market-Based Rate Sellers -
On July 18, 2019, the Federal Energy Regulatory Commission (“FERC”) issued two orders modifying its rules for sellers to obtain or retain authorization...more
Choose Your Own Adventure: Farmouts of International Oil & Gas Interests and the AIPN 2019 Model Form -
When I teach about the Association of International Petroleum Negotiator’s (AIPN) Model International Farmout...more
7/17/2019
/ Assignments ,
Chapter 11 ,
Clean Energy ,
Commercial Bankruptcy ,
Default ,
Energy Sector ,
Liquid Natural Gas ,
Mexico ,
Natural Gas ,
Oil & Gas ,
Opportunity Zones ,
Post-Petition Interest ,
Renewable Energy ,
Secured Debt
On June 14, 2019, the U.S. Court of Appeals for the Fifth Circuit issued an opinion affirming bankruptcy and district court decisions finding that, under the terms of the confirmed Chapter 11 bankruptcy plan, the debtor’s...more
On June 19, 2019, the U.S. Court of Appeals for the Third Circuit (the “Court”) issued a decision concerning the distribution of collateral under an intercreditor agreement—finding that adequate protection payments and plan...more
On May 22, 2018, the U.S. Court of Appeals for the Fifth Circuit (the “Court”) upheld a bankruptcy court’s ruling that a shareholder could exercise the right granted to it in the debtor’s organizational documents to block a...more
Practical Issues Under Joint Operating Agreements Relating to Withdrawals, Transfers and Changes in Control -
In light of their long term objectives and potential future transactions, parties should consider the...more
8/5/2017
/ Africa ,
Appeals ,
Canada ,
Commercial Bankruptcy ,
Condition Precedent ,
Downstream Agreements ,
Energy Sector ,
Joint Operating Agreement ,
Jury Verdicts ,
Liens ,
Liquid Natural Gas ,
Oil & Gas ,
Reversal ,
Sale of Assets ,
Uniform Commercial Code (UCC)
On July 19, 2017, the U.S. Court of Appeals for the Third Circuit (the “Court”) issued an opinion, upholding a district court’s ruling that downstream purchasers took oil purchased from a bankrupt intermediary, SemGroup L.P....more