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Results: 1-10 of 43

CFTC issues final exemption order for RTOISO transactions

  • Cadwalader Wickersham & Taft LLP
  • -
  • USA
  • -
  • April 3 2013

The Commodity Futures Trading Commission (“CFTC” or “Commission”) on March 28, 2013, issued its final order exempting certain regional transmission

FERC grants CAISO declaratory order request and accepts reliability must-run agreement

  • Cadwalader Wickersham & Taft LLP
  • -
  • USA
  • -
  • January 10 2013

On January 4, 2013, FERC granted a petition for declaratory order filed by the California Independent System Operator Corporation ("CAISO") in late

First ever admission of violation in FERC manipulation action

  • Cadwalader Wickersham & Taft LLP
  • -
  • USA
  • -
  • November 20 2012

On November 19, 2012, FERC approved a settlement agreement between its Office of Enforcement and Gila River Power LLC (“Gila River”) addressing market manipulation claims related to activity in California

Norex decision, long in federal court, now dismissed by state court using borrowing statute to shorten applicable limitations period

  • Cadwalader Wickersham & Taft LLP
  • -
  • USA
  • -
  • October 24 2012

We have posted on the meanderings of the Norex case in federal court (e.g., here

Fifth Circuit finds that an electricity requirements contract is a “forward contract” exempt from Bankruptcy Code’s avoidance powers

  • Cadwalader Wickersham & Taft LLP
  • -
  • USA
  • -
  • October 11 2012

On August 2, 2012, the United States Court of Appeals for the Fifth Circuit held that a requirements contract for electricity is a forward contract for purposes of section 546(e) of the Bankruptcy Code and, therefore, settlement payments made under the contract are exempt from avoidance as preferences

Fifth Circuit holds that fixed quantities are not required to satisfy the “forward contracts” safe harbor defense

  • Cadwalader Wickersham & Taft LLP
  • -
  • USA
  • -
  • September 25 2012

On August 2, 2012, the United States Court of Appeals for the Fifth Circuit held that a requirements contract for the supply of electricity constituted a “forward contract” under the Bankruptcy Code and, therefore, was exempt from preference avoidance actions

Business Fraud Advisor

  • Cadwalader Wickersham & Taft LLP
  • -
  • USA
  • -
  • September 22 2012

On August 22, 2012, the Securities and Exchange Commission ("SEC") issued its final rule regarding disclosure of payments made to governments for the commercial development of oil, natural gas, or minerals

SEC issues resource extraction rule

  • Cadwalader Wickersham & Taft LLP
  • -
  • USA
  • -
  • September 21 2012

On August 22, 2012, the Securities and Exchange Commission (“SEC”) issued its final rule regarding disclosure of payments made to governments for the commercial development of oil, natural gas, or minerals

SEC issues conflict minerals rule

  • Cadwalader Wickersham & Taft LLP
  • -
  • USA
  • -
  • August 29 2012

On August 22, 2012, nearly 20 months after issuing proposed regulations, the Securities and Exchange Commission (SEC) issued its final rule on disclosure regarding the use of conflict minerals required by Section 1502 of the Dodd-Frank Wall Street Reform and Consumer Protection Act

Ninth Circuit reverses FSIA exception; no commercial activity in the U.S. in Iraq’s Oil For Food Program

  • Cadwalader Wickersham & Taft LLP
  • -
  • USA
  • -
  • August 21 2012

Terenkian v. Republic of Iraq, No. 10-56708 (9th Cir. 2012), addresses the important international practice question of whether activity by a non-U.S. sovereign satisfies the “commericial activity” exclusion to the application of the Foreign Sovereign Immunicties Act, thus permiting the federal courts to excercise subject matter jurisdiction over a matter