The U.S. Court of Appeals for the Eleventh Circuit reversed a bankruptcy court’s decision which held that a “subsequent new value” defense to avoidable preference liability must be reduced by payments the creditor-defendant...more
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
On April 13, 2020, the United States District Court for the District of Maryland (the “Court”) sided with Bank of America (“BofA”) by denying a request for a temporary restraining order (“TRO”) and preliminary injunction...more
On December 20, 2019, the Bankruptcy Court for the Southern District of Texas in Alta Mesa Holdings, LP v. Kingfisher Midstream, LLC (In re Alta Mesa Resources, Inc.) held that dedications in gathering agreements create...more
1/9/2020
/ Appeals ,
Bankruptcy Code ,
Bankruptcy Court ,
Chapter 11 ,
Commercial Bankruptcy ,
Contract Terms ,
Covenants that Run With the Land ,
Debtors-in-Possession ,
Energy Sector ,
Executory Contracts ,
Gathering Agreements ,
Midstream Contracts ,
Mineral Exploration ,
Oil & Gas ,
Privity of Contract ,
Sabine Oil and Gas ,
Section 365
On December 20, 2019, the Bankruptcy Court for the Southern District of Texas in Alta Mesa Holdings, LP v. Kingfisher Midstream, LLC (In re Alta Mesa Resources, Inc.) held that dedications in gathering agreements create...more
This is the third alert in our series on the risks to corporations, including financial services firms, posed by “deepfakes”—a type of technology, powered by artificial intelligence and machine learning, that can be used to...more
12/16/2019
/ Artificial Intelligence ,
Audio Recording ,
China ,
Corporate Counsel ,
Criminal Conspiracy ,
Critical Infrastructure Sectors ,
Cyber Attacks ,
Deep Fake ,
Espionage ,
FBI ,
Financial Fraud ,
Foreign Governments ,
Industrial Espionage ,
Intellectual Property Protection ,
Malware ,
Popular ,
Ransomware ,
Risk Management ,
Video Recordings
Artificial intelligence (“AI”) has made astounding advancements in recent years. Driven by incredible computing power, AI has the potential to change nearly every industry. AI is touted as having the potential to reduce...more
10/17/2019
/ Artificial Intelligence ,
Audio Recording ,
Biometric Information ,
Corporate Counsel ,
Cyber Attacks ,
Cyber Crimes ,
Cybersecurity ,
Deep Fake ,
Email ,
Popular ,
Risk Management ,
Technology
Lessons for Sellers in Contracting with Emerging Market Buyers: The “Three R’s” to Structuring Payment Security Provisions -
The recent rebound in the international energy industry is being driven, at least in part, by a...more
6/18/2018
/ BSEE ,
Cloud Computing ,
Energy Policy ,
Energy Sector ,
Exports ,
FERC ,
Joint Comprehensive Plan of Action (JCPOA) ,
Migratory Bird Treaty Act (MBTA) ,
Natural Gas ,
Oil & Gas ,
Pipelines ,
Proposed Rules ,
Trump Administration ,
Well Drilling
On May 25, 2018, the United States Court of Appeals for the Second Circuit (the “Court”) affirmed a district court’s affirmance of a bankruptcy court’s decision in In re Sabine Oil & Gas Corp. that permitted a debtor to...more
On May 25, 2018, the United States Court of Appeals for the Second Circuit (the “Court”) affirmed a district court’s affirmance of a bankruptcy court’s decision in In re Sabine Oil & Gas Corp. that permitted a debtor to...more
On February 27, 2018, the Supreme Court issued a unanimous decision in Merit Management Group, LP v. FTI Consulting, Inc., holding that the “safe harbor” encompassed in Section 546(e) of the Bankruptcy Code does not protect...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
Navigating Private Equity Fund Limitations for Energy Infrastructure-Focused Investments -
Energy infrastructure funds have emerged as a class of funds that offer investors the potential for long-term stable returns, as...more
5/9/2017
/ Argentina ,
Bankruptcy Court ,
Energy Sector ,
Infrastructure ,
Keystone XL Pipeline ,
Liquid Natural Gas ,
Made in the USA ,
Oil & Gas ,
Presidential Permit ,
Private Equity Funds ,
Public Private Partnerships (P3s) ,
Renewable Energy ,
Russia ,
Saudi Arabia ,
TransCanada ,
Trump Administration ,
U.S. Commerce Department
On March 10, 2017, the United States District Court for the Southern District of New York (the“Court”) affirmed on appeal a bankruptcy court’s prior decision in In re Sabine Oil & Gas Corp. that permitted a debtor to reject a...more
On March 10, 2017, the United States District Court for the Southern District of New York (the “Court”) affirmed on appeal a bankruptcy court’s prior decision in In re Sabine Oil & Gas Corp. that permitted a debtor to reject...more
On December 29, 2016, the U.S. Court of Appeals for the Ninth Circuit (the “Court”) issued an opinion, holding that the statutory cap on a landlord’s damages claim in a bankruptcy case applies only to claims resulting...more