Monthly Archives: October 2012

ESMA’s Final Report on Draft Technical Standards under EMIR: Non-Financial Counterparties and Risk Mitigation for Non-Cleared OTC Derivative Contracts

Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC Derivatives, Central Counterparties and Trade Repositories (“EMIR”) was introduced to provide a framework to improve the functioning of the OTC derivatives markets … Continue reading

Posted in Commodity Trading, EMIR, Regulation

CFTC Commissioner Jill Sommers Addresses Cadwalader Energy & Commodities Conference

Cadwalader was pleased to welcome CFTC Commissioner Jill Sommers as the keynote speaker of its 2012 Energy & Commodities Conference on October 11-12, 2012.  Click here to view the full speech on the CFTC’s website. Good afternoon. It is such … Continue reading

Posted in CFTC, Dodd-Frank, Events, Oil & Gas, Power, Regulation

EPA Petitions DC Circuit for Rehearing of EME Homer City Generation, L.P. Decision

By Ken Irvin, David Williams, and Anna Biegelsen On Friday, October 5, 2012, the United States Environmental Protection Agency petitioned the full U.S. Court of Appeals for the D.C. Circuit for rehearing en banc of the decision in August 2012 … Continue reading

Posted in CSAPR, EPA, Power, Regulation

Fifth Circuit Finds that an Electricity Requirements Contract Is a “Forward Contract” Exempt from Bankruptcy Code’s Avoidance Powers

By Ken Irvin, Peter Friedman, Sarah Tucker, Audrey Aden Doline, and Matthew J. Oliver. 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 … Continue reading

Posted in Distressed Energy, Power