News & Analysis as of

Oil & Gas Fraud

Gray Reed

A Breach of Fiduciary Duty in the Oil Patch

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Antero Resources Corp. v. C & R Downhole Drilling, Inc. et al, proves again the extreme risk when one bites the hand that feeds him (shoutout to Greek poet Sappho, 600 BCE). Antero sued former employee Kawsak and his...more

Bracewell LLP

Expert Determination in the Energy Sector – When Will the Courts Intervene?

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It is not uncommon for parties to agree that certain disputes should be referred to an expert for determination. However, when those disputes arise, the parties may disagree about the scope of the exercise to be carried out...more

Bracewell LLP

Rethinking Safeguards in Arbitration?

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In The Federal Republic of Nigeria v Process & Industrial Developments Limited [2023] EWHC 2638 (Comm) the Commercial Court determined that arbitration awards against Nigeria had been obtained by fraud and were contrary to...more

Eversheds Sutherland (US) LLP

Practical steps to mitigate RIN market fraud risk in light of EPA's Inspector General RFS audit report

On September 19, 2023, the US Environmental Protection Agency (EPA) Office of Inspector General (OIG) issued its conclusions after conducting an audit of EPA’s Renewable Fuel Standard (RFS) Moderated Transaction System (EMTS)...more

Cadwalader, Wickersham & Taft LLP

Oregon County Sues Fossil Fuel Companies and Consulting Firm For Damages Related to 2021 ‘Heat Dome’

In a civil suit filed in Oregon state court in June 2023, an Oregon county is suing more than a dozen large oil, gas and coal companies, seeking more than $50 million in damages, in connection with a 2021 “heat dome” and...more

Gray Reed

Appeals Court Revives Lessor’s Fraud Claims

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Tips on litigation avoidance: Not making promises you don’t intend to keep is easy enough. Stating a fact or making a promise and things change, you could be a fraudster if you don’t come clean before closing....more

Gray Reed

Bad Guys in Energy 2022

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With it being Lent and all, we ask, are this year’s Ferrymen of the River Styx using these 40 days to turn from wickedness and find their way to repentence? Who knows, but we do know that as alternative energy rises, so do...more

Paul Hastings LLP

FERC’s Proposed Expansion of Duty of Candor Could Increase Compliance Risk

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Can a seemingly innocuous requirement to tell the truth create unintended consequences? The Federal Energy Regulatory Commission (“FERC” or “Commission”) raised this question when it issued its July 28, 2022 Notice of...more

Goodwin

Central District of California Authorizes Service of John Doe Summons on Cryptocurrency Dealer

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​​​​​​​On August 15, 2022, the United States District Court for the Central District of California authorized the IRS to serve a “John Doe” summons on Ox Labs Inc., a cryptocurrency prime dealer doing business as SFOX. ...more

ArentFox Schiff

CFTC’s Historic Enforcement Action Impacting the Oil Industry & Related Derivatives

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The Commodity Futures Trading Commission, under a reconstituted Commission, is signaling a new era of aggressive enforcement of the Commodity Exchange Act. Significant Violations and Penalties - United States- On...more

The Volkov Law Group

Glencore’s Commodity Trading Fraud Scheme (Part IV of V)

The Volkov Law Group on

Glencore’s settlement with DOJ and the CFTC revealed a plethora of manipulative, deceptive and corrupt conduct, which spanned from at least 2007 to 2018 and occurred in the United States and global oil markets, including...more

Robins Kaplan LLP

Financial Daily Dose 9.01.2021 | Top Story: Jury Selection Begins in Long-Awaited Elizabeth Holmes Fraud Trial

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Dispatch #1 from the Elizabeth Holmes Theranos criminal fraud trial, which opened yesterday with jury selection and saw the excusing of 9 of the initial batch of about 50 potential jurors for lack of vaccination...more

American Conference Institute (ACI)

[Virtual Conference] Navigating Russia Sanctions Complexities - September 27th, 10:00 am - 5:00 pm EDT

Unravel the multiple layers of primary and secondary Russia Sanctions and strengthen your analytical decision-making process. The Russia sanctions landscape continues to evolve in many significant ways. ACI’s 4th...more

Porter Hedges LLP

New Action By The CFTC Means Higher Stakes For Commodity Market Participants

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The Commodity Futures Trading Commission (“CFTC”) recently announced the settlement of its first enforcement action involving foreign corruption. In December 2020, the CFTC issued a Consent Order, finding that Houston-based...more

Morgan Lewis - Power & Pipes

Another Guilty Plea in Insider Trading Case Under CFTC’s Anti-Manipulation Rule

A natural gas trader pleaded guilty in federal district court last week to conspiring to commit commodities fraud and wire fraud in an insider trading scheme over natural gas futures. His co-conspirator had pleaded guilty...more

Orrick, Herrington & Sutcliffe LLP

CFTC Charges an Energy Company and its Employee with Foreign Corruption

In a coordinated enforcement action with the DOJ, the CFTC filed and simultaneously settled charges against Vitol Inc., the U.S. affiliate of one of the world’s largest energy trading firms. ...more

Gray Reed

Discovery Rule Can’t Save a Louisiana Succession’s Untimely Claim

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In May et al v. Succession of Mayo Romero et al a Louisiana court of appeal denied the plaintiff’s efforts to suspend the running of liberative prescription in the face of peremptory exceptions. The discovery rule is one...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights: Issue 36, September 2020

Corona-Induced CO2 Emission Reductions are Not Yet Detectable in the Atmosphere - "Based on current data measured in the energy, industry, and mobility sectors, restrictions of social life during the corona pandemic can be...more

Robins Kaplan LLP

Financial Daily Dose 8.11.2020 | Top Story: McDonalds Sues Former CEO Over Series of Workplace Affairs

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Eight months after firing its CEO, Steve Easterbrook, for “sexting with a subordinate,” McDonald’s has sued Easterbrook for allegedly “lying, concealing evidence and fraud” in what appears to be a series of other workplace...more

Robins Kaplan LLP

Financial Daily Dose 6.25.2020 | Top Story: Bayer Inks $10 Billion+ Deal to Settle Roundup Cancer Claims

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Bayer, the German parent company of Monsanto, will pay more than $10 billion to resolve “tens of thousands of claims in the United States that its popular weedkiller Roundup causes cancer.” The settlement covers an estimated...more

K&L Gates LLP

Court of Chancery Hesitates to Dismiss Lawsuit, Stays Litigation Pending Texas Lawsuit

K&L Gates LLP on

In EnVen Energy Corporation v. David M. Dunwoody, Jr., et al. (C.A. No. 2019-0579-KSJM), the Delaware Court of Chancery (the “Court”) stayed litigation pending the outcome of a separate lawsuit filed in Texas to give...more

Dechert LLP

Asset Management Litigation/Enforcement Flash Report

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Especially in today’s economic and work environment, we find it helpful – and we therefore thought our clients would also find it helpful – to keep track of the important litigation and regulatory enforcement developments...more

Morgan Lewis - Power & Pipes

CFTC Review of WTI Futures Contract Prices Captures Attention of Industry Market Participants

The Commodity Futures Trading Commission (CFTC) indicated on April 24 that it is conducting a review of the $40-per-barrel plunge in the WTI crude price that occurred on April 20. The CFTC stated that it is conducting the...more

Gray Reed

2019 Bad Guys in Energy

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To our bad guys, 2019 was a year flush with hope and opportunity; it ended with recidivism, more misery from Venezuela, a charlatan, an Okie who pulled a multi-million dollar fast-one on Chesapeake and, as in years past, a...more

Bennett Jones LLP

ExxonMobil Wins Climate Change Securities Battle Against New York but the War Continues

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More than four years of contentious litigation concluded this month when the Supreme Court of the State of New York released its judgment in the People of the State of New York v Exxon Mobil Corporation. The Court found...more

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