Subject to Inquiry

Subject to Inquiry

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Government Investigations and White Collar Litigation Group

Category Archives: Energy Enforcement

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Anti-Bribery and Corruption, Compliance, Energy Enforcement

A Compliance Plan for the Extractive Industries Payment Disclosure Rule

In the prior post we described the SEC’s new Rule 13q-1 that took effect on Monday (September 26). In this post, we discuss steps covered companies should take to comply with the rule. To review: Rule 13q-1 requires issuers involved in the commercial development of oil, natural gas and minerals to disclose payments they, their… Continue Reading
Energy Enforcement, Enforcement and Prosecution Policy and Trends, Fraud, Deception and False Claims

Court Holds FERC De Novo Review to Proceed as “Ordinary Civil Action”

Last week, a federal district judge ruled for the first time that the “review de novo” promised by section 31(d) of the Federal Power Act (“FPA”), 16 U.S.C. § 823b(d), will be “treated as an ordinary civil action requiring a trial de novo.”  FERC v. Maxim Power Corp., Civ. No. 3:15-30113-MGM, at 2 (D. Mass.… Continue Reading
Energy Enforcement

FERC Market Manipulation Case Still Alive After Ruling in Silkman and Lincoln Paper Case

For the past several years, FERC has been investigating several energy industry participants under several theories of market manipulation, discussed previously here.  Gradually, these cases have moved from administrative proceedings to U.S. district courts, which have resulted in a small handful of written opinions, none of which have fully settled the substantive questions of what… Continue Reading
Anti-Bribery and Corruption, Compliance, Election and Political Law, Energy Enforcement, Securities and Commodities, Uncategorized

Avoiding Waiver When Disclosing Facts to the Government

All but a handful of courts find that companies disclosing privileged communications or protected work product to the government waive both of those protections. Courts properly analyzing waiver rules also recognize that disclosing historical facts does not cause a waiver – because historical facts are not privileged. In two related cases, Judge Francis of the… Continue Reading