Category Archives: Oil & Gas

Not Your Grandmother’s Form 40

By Athena Eastwood, Anthony Mansfield, Paul Pantano, Neal Kumar and Natalie Mitchell A common tool that the Commodity Futures Trading Commission (“CFTC” or the “Commission”) relies upon to conduct market surveillance, including monitoring compliance with position limits, will soon enter the digital age – the … Continue reading

Posted in CFTC, Commodity Trading, Enforcement and Investigations, Mining/Metals, Oil & Gas, Regulation

FERC Issues ANOPR on Revisions to Oil Pipeline Indexing Policies and Reporting Requirements

By Mark Haskell, Brett Snyder and Lamiya Rahman On October 20, 2016, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued an advanced notice of proposed rulemaking (“ANOPR”) seeking comments on potential revisions to (1) the Commission’s policies for evaluating oil pipeline indexed … Continue reading

Posted in FERC, Oil & Gas, Regulation

Supreme Court Justices Appear Hesitant to Narrow the Scope of Insider Trading Liability

Since the Second Circuit Court of Appeals’ December 2014 decision in United States v. Newman, the government’s ability to aggressively pursue insider trading cases involving tipping has been in doubt.  But, on October 5, the Supreme Court heard oral arguments in Salman … Continue reading

Posted in Cases, Commodity Trading, LNG, Mining/Metals, Oil & Gas, Power

CFTC Staff Issues Final Swap Dealer De Minimis Exception Report

By Athena Eastwood, Anthony Mansfield, Paul Pantano and Neal Kumar On August 15, 2016, Staff of the U.S. Commodity Futures Trading Commission (“CFTC”) published a final report regarding the de minimis exception from swap dealer registration (“Staff De Minimis Report”).  The Staff De Minimis … Continue reading

Posted in Commodity Trading, Mining/Metals, Oil & Gas, Power, Regulation

FERC Issues Order Assessing Civil Penalties Against ETRACOM

On Friday, June 17, 2016, the Federal Energy Regulatory Commission (the “Commission”) issued an Order Assessing Civil Penalties against ETRACOM LLC (“ETRACOM”) and ETRACOM’s founding member and majority owner, Michael Rosenberg (together, “Respondents”). The Commission held that the Respondents violated … Continue reading

Posted in Enforcement and Investigations, FERC, Oil & Gas, Power, Regulation

D.C. Circuit Upholds FERC’s NEPA Analysis in Sabine Pass and Freeport LNG Projects

On June 28, 2016, the U.S. Court of Appeals for the District of Columbia Circuit rejected two related challenges to the Federal Energy Regulatory Commission’s environmental review of the Sabine Pass LNG and Freeport LNG applications to site, construct, and … Continue reading

Posted in Cases, Enforcement and Investigations, LNG, Oil & Gas, Power, Regulation

CFTC Holds Roundtable to Consider Proposed Regulation AT

By Gregory Mocek, Paul Pantano, Neal Kumar, Michael Selig, and Mary Treanor On June 10, 2016, Staff for the Commodity Futures Trading Commission (“CFTC”) held a public roundtable to discuss its proposed Regulation Automated Trading (“Regulation AT”).  The CFTC proposed Regulation AT in an attempt … Continue reading

Posted in CFTC, Commodity Trading, Enforcement and Investigations, Mining/Metals, Oil & Gas, Power, Regulation

CFTC Unanimously Approves Supplemental Proposal on Position Limits

By Anthony Mansfield, Paul Pantano, Jonathan Flynn, Neal Kumar and Michael Selig On May 26, 2016, the Commodity Futures Trading Commission (“CFTC”) unanimously approved a proposed supplement (“Supplemental Proposal”) to its December 2013 proposal to establish position limits on futures and economically equivalent swaps.  The … Continue reading

Posted in CFTC, Commodity Trading, Enforcement and Investigations, Oil & Gas, Power, Regulation

CFTC Proposes Amendment to RTO-ISO Order

By Athena Eastwood, Mark Haskell, Anthony Mansfield, Gregory Mocek, Paul Pantano, Brett Snyder, Jonathan Flynn, Christopher Hood, Neal Kumar, Thomas Millar, and Michael Selig On May 10, 2016, the Commodity Futures Trading Commission (“CFTC”) proposed an amendment (“Proposed Amendment”) to an order it issued on March 28, 2013 (“RTO-ISO Order”), exempting … Continue reading

Posted in CFTC, Commodity Trading, Enforcement and Investigations, FERC, Mining/Metals, Oil & Gas, Power, Regulation

Long-Awaited Decision is a Mixed Result for Litigants Battling FERC Enforcement Actions in Federal Court

By Paul Pantano, Thomas Millar and Mary Treanor Individuals and organizations litigating the imposition of civil penalties by the Federal Energy Regulatory Commission (“FERC” or “Commission”) under its anti-manipulation authority in federal court received another opinion last week, this time from the Federal District Court for … Continue reading

Posted in Cases, Commodity Trading, FERC, Oil & Gas, Power, Regulation