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HTMLFirst Criminal Prosecution for Spoofing: High Frequency Trading Firm Owner Indicted in Northern District of Illinois
Jodi L. Avergun, Isabelle S. Corbett, Jonathan H. Flynn, Anthony M. Mansfield, Gregory George Mocek; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
October 22, 2014, previously published on October 7, 2014
On October 2, 2014, the U.S. Attorney for the Northern District of Illinois announced the indictment of Michael Coscia, the owner of Panther Energy Trading (“Panther”), for six counts of commodities fraud and six counts of spoofing. This indictment represents the first ever criminal...

 

HTMLAbove Ground Storage Tank Act
Roger G. Hanshaw; Bowles Rice LLP;
Legal Alert/Article
October 22, 2014, previously published on April 25, 2014
On April 1, 2014, Governor Earl Ray Tomblin signed into law Senate Bill 373, the "Above Ground Storage Tank Act" adopted by the West Virginia Legislature in the 2014 regular session. The Above Ground Storage Tank Act (the "Act") contains provisions that will impact business in...

 

HTMLOhio Decision Marks Victory for Oil and Gas Producers
Robert L. Bays, J. Breckenridge Martin, J. Breton McNab; Bowles Rice LLP;
Legal Alert/Article
October 22, 2014, previously published on April 22, 2014
In an action seeking declaratory judgment as to the leasehold rights for those formations below the Germantown Sand Formation (the "deep rights"), an Ohio court ruled that there was no breach of the implied covenant to reasonably develop or abandonment of the "deep rights" when...

 

HTMLNew MiFID I Consultation Paper Creates Further Challenges for Commodity Market Participants
Assia Damianova, Doron F. Ezickson, Jonathan H. Flynn, Antoinette Maginness, Nick Shiren; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
October 22, 2014, previously published on October 14, 2014
On 29 September 2014, ESMA published a consultation paper (the Consultation Paper) seeking industry feedback for guidelines relating to certain commodity derivatives, namely those falling under C6 and C7 of Annex I of the Markets in Financial Instruments Directive (MiFID). One of the reasons for...

 

HTMLPennsylvania Superior Court Applies Doctrine of Estoppel by Deed in Oil and Gas Context
James H. McCune; Bowles Rice LLP;
Legal Alert/Article
October 22, 2014, previously published on May 9, 2014
The Pennsylvania Superior Court has applied the doctrine of "estoppel by deed" in a case involving the ownership and leasing of oil and gas.

 

HTMLClear Rift Highlighted by Commissioners’ Lack of Action on New England’s Most Recent Forward Capacity Auction Results
Terence T. Healey, Kenneth W. Irvin, Gregory K. Lawrence, Thomas Reid Millar; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
October 22, 2014, previously published on September 24, 2014
On September 16, 2014, the Federal Energy Regulatory Commission’s four Commissioners issued statements explaining a 2-2 deadlock between Chairman LaFleur and Commissioner Moeller on the one hand and Commissioner Clark and new Commissioner Bay on the other, over whether to accept rates...

 

HTMLTwo Studies Suggest Fracking Is Safe
John B. King; Breazeale, Sachse & Wilson, L.L.P.;
Legal Alert/Article
October 18, 2014, previously published on October 15, 2014
Hydraulic fracturing, or fracking, is loudly and frequently blamed for contaminating water supplies. However, a new study by the DOE casts doubt on these assertions while another study highlights the need for increased quality control in well casing and sealing.

 

HTMLSouth Dakota Coops Bury Transmission for Reliability
Sutherland Asbill Brennan LLP;
Legal Alert/Article
October 16, 2014, previously published on October 7, 2014
Five South Dakota coops are using federal and state disaster funds to bury hundreds of miles of transmission lines. The coops are focusing on reliability after a blizzard caused outages for thousands of customers in early October of last year.

 

HTMLNorth Dakota Coop Vies for Territory
Sutherland Asbill Brennan LLP;
Legal Alert/Article
October 16, 2014, previously published on October 7, 2014
The North Dakota Public Service Commission has ruled in favor of Montana-Dakota Utilities (MDU) in a territorial dispute with Capital Electric Cooperative (CEC) over which company should provide service to an industrial customer building a plant in McKenzie, North Dakota. MDU and CEC divide...

 

HTMLB.C.’s LNG Industry a Chance, Not a Windfall
Sutherland Asbill Brennan LLP;
Legal Alert/Article
October 16, 2014, previously published on October 7, 2014
The Vancouver Sun reports that in a speech read this week by Lieutenant Governor Judy Guichon before the British Columbia (B.C.) legislature’s special session, B.C.’s nascent LNG industry was characterized as “a chance — not a windfall,” and no mention was made of...

 


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