New International AIPN Oil and Gas Farm-Out Agreement

In June 2019, the oil and gas industry body, the Association of International Petroleum Negotiators (AIPN), published a revised version of its model form international farm-out agreement. The publication of this new model form agreement is a reflection of the increased sophistication, and continuing evolution, of the farm-out market. Like the predecessor 2004 model form, the new 2019 version of the agreement deals with the transfer of a portion (but not all) of the ownership (known as a “participating interest”) in an upstream oil and gas asset from one party to another. The updated version...

Battery Storage –Powering Future LNG Projects (including FLNG)

It is undeniable that a low carbon transition is taking place. One of the leading forces of this transition is battery storage. Battery storage technology that was, only a couple of years ago, immature and expensive is now beginning to show significant cost competitiveness, particularly over the last year. The most common choice of battery storage technology to date has been lithium-ion. Latest research undertaken by Bloomberg NEF showed that the benchmark levelised cost of electricity (LCOE) for lithium-ion batteries has fallen 35% since the first half of 2018. With technology improving and...
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DOJ Criminal Division Publishes Corporate Compliance Program Guidance Document

In case you missed it, on April 30, 2019, the Department of Justice (DOJ) Criminal Division released a guidance document titled Evaluation of Corporate Compliance Programs (Guide). This release serves as an update to a prior version released in 2017 by the Fraud Section of the Criminal Division. As such, the revised version seeks to harmonize the Department’s guidance on these issues and provide context on how they are analyzed. Regarding the release of the Guide, Assistant Attorney General Brian A. Benczkowski stated, “Today’s guidance document is part of our broader efforts in training,...

CFTC Division of Enforcement Releases First Public Enforcement Manual

On May 8, 2019, the Commodity Futures Trading Commission's (CFTC) Division of Enforcement (DOE) published its first public Enforcement Manual (Manual). The CFTC's DOE is responsible for investigating and prosecuting alleged violations of the Commodity Exchange Act (CEA) and Commission regulations. The Manual is intended as a general reference for DOE staff in carrying out these duties and to provide transparency and insight to the public on how the DOE conducts enforcement actions. In announcing its publication Enforcement Director James McDonald stated that the Manual, "is part of a broader...
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FERC, Dominion Settlement Highlights Three Rules of Thumb: Stakeholder Disputes Highlight Compliance Risks; Change is a Compliance Moment; and Never Pursue Make-Whole Payments

On Friday May 3, 2019, the Federal Energy Regulatory Commission (FERC) approved a settlement between FERC’s Office of Enforcement and Virginia Electric Power Company (Dominion) to resolve allegations of market manipulation related to Dominion’s receipt of lost opportunity cost (LOC) credits in the PJM Interconnection, L.L.C. (PJM) market from April 2010 to March 2011. Pursuant to the settlement, Dominion agreed to pay a civil penalty of $7 million, disgorgement of $7 million, and to be subject to ongoing compliance monitoring. This settlement highlights three FERC compliance themes: (1)...

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