Bracewell & Giuliani has posted a white paper taking a look at the Federal Energy Regulatory Commission’s (FERC’s) Office of Enforcement and what market participants should expect in 2015.

The current pending cases and these developments shed more light on what to expect in 2015 than the statistics FERC released concerning 2014, the authors say.

“In 2014, market participants, for the first time, showed a willingness to challenge Enforcement actions instead of settling. Five companies have refused to pay assessed civil penalties and settle thereby causing Enforcement to go to Federal court or to an administrative law judge to enforce the penalty and manipulation claims,” according to the report. “We should expect more challenges in 2015 because another company has publicly vowed to challenge FERC should FERC proceed with a charge of manipulation. However, unless and until the courts narrow Enforcement’s reach, we should expect that Enforcement will continue to be aggressive in its prosecutions.”

Read the white paper.

Law professors from across the country  – from Georgetown to the University of California  – say they have “serious reservations” about the new chemical reform bill introduced by Sens. Tom Udall (D-N.M.) and David Vitter (R-La.) , reports The Hill.

Days before the Senate Environment and Public Works Committee is expected to discuss the legislation, a group of 25 professors and public interest lawyers sent a letter to committee Chair Jim Inhofe (R-Okla.) and ranking member Sen. Barbara Boxer (D-Calif.)

The Hill reports that co-signers include Thomas Cluderay, general counsel for the Environmental Working Group (EWG), which has been one of the most vocal outliers of the Udall-Vitter bill.

Read the story.

Reuters is reporting that Northwestern Mutual Life Insurance Co. has agreed to pay $84 million to settle a lawsuit claiming that it illegally reduced potential payouts on annuities it sold at least 30 years ago, cheating investors who used them as retirement investments.

The settlement , announced in a Milwaukee federal court, covers about 4,000 current and 29,000 former owners of the annuities pursuing a class action.

“They claimed Northwestern Mutual breached its contractual obligations when in 1985 it quietly changed how it calculated dividends on deferred, fixed annuities it had sold, costing them millions of dollars annually,” the report says.

As investment firms including UBS, Royal Bank of Scotland Group Plc and Deutsche Bank AG have curtailed or shuttered lines of business, particularly in debt trading, the contractions have prompted former bankers to quit finance and put their experience to use in the new field of financial technology, or fintech, reports BloombergBusiness.

“Capitalizing on the changing regulatory environment, such companies offer risk management, data analytics, trading platforms and other services often previously performed by humans,” the story says

Bloomberg points out that North America had 212,100 fewer bond brokering jobs and other roles defined by the U.S. Bureau of Labor Statistics as credit intermediation in January, versus the start of 2008, according to the latest data available.

Read the story.

Selectica presents a free on-demand webinar on the management of Contract Lifecycle Management (CLM) systems.

Too many departments operate in silos with separateCLM systems, Selectica says on its website. Contracts and the valuable data they contain are often locked away in formats that are difficult to integrate into sell-side or buy-side transaction systems, which require retrieval of critical information.

An Enterprise CLM (ECLM) approach gives you greater access, visibility and control to achieve cost savings, workflow efficiencies, increased compliance, reduced risk and more.

Watch the on-demand webinar.

Icertis Inc. has posted a complimentary on-demand webinar discussing the value of gauging the effectiveness of a company’s existing contract management system.

On its website, Icertis says this webcast discusses how businesses in today’s time demand enhanced visibility into contracts to identify and prioritize risks and gain assurance over contract compliances.

The webinar also highlights the best practices and tools to help organizations strengthen their existing contract management framework.

Watch the on-demand webinar.

Courtesy of BP Public Affairs Staff, via BOEM.gov

Oil & Gas IQ has posted a white paper on how enterprise asset management software can play a role in software project ROI for drilling contractors as well as specific, discrete steps to take during implementation.

The offshore industry is struggling right now to deal with growth and an increased focus on asset integrity management (AIM) and risk management, the white paper says. That is why more rig owners and operators are reassessing their investments in enterprise asset management (EAM) software to ensure they have applications in place that are properly implemented and functional, help them ensure compliance with regulations and adopt AIM best practices.

Download the white paper.

The National Conference of State Legislatures has posted a free on-demand webinar about new challenges introduced as commercial, industrial and residential consumers are investing in technologies to increase energy efficiency and generate their own energy.

While these efforts can be beneficial for utilities and their customers, the rapid growth of these technologies introduces new challenges by increasing variability in the system and creating two-way energy flows.

On its website, NCSL says that transactive energy systems rely on a market-based approach to address these challenges, promoting grid reliability while reflecting the evolving role of customers as both generators and consumers. This webinar explores transactive energy systems and what they mean for customers, utilities and state policymakers.

Watch the on-demand webinar.

Egress Software Technologies has produced an infographic showing how human errors are the main cause of data breaches.

Infographic based on ICO FOI request data by Egress Software Technologies, providers of email security as well as large file transfer and encryption software.

Bridgeway Software offers for download a free e-book titled “8 Roadblocks to New ELM Implementation.”

This e-book discusses the obstacles that can hinder your department’s ability to successfully integrate new enterprise legal management software, Bridgeway says.

It covers common roadblocks, such as letting go-live dates drive your project, expecting perfection right off the bat, and not understanding what reporting you really need.

Download the free e-book.

Elizabeth Pannill Fletcher

Successful litigator Elizabeth “Lizzie” Pannill Fletcher has been promoted to partner at Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing P.C., or AZA.

A fourth-generation Texas trial lawyer and native Houstonian, Ms. Fletcher has a lengthy track record of courtroom wins, including the July 2014 dismissal of a multimillion-dollar breach of contract and fraud lawsuit against a Houston investment banker, the firm said in an announcement.

She also earned a take-nothing verdict in 2014 for a Houston businesswoman who was sued over proceeds from allegedly fraudulent commercial property sales. Ms. Fletcher’s opening statement in that case was so masterful that the presiding judge, Harris County Civil District Judge Randy Wilson, offered his praise in a column he wrote for the Litigation Section of the State Bar of Texas.

“The jury was enraptured by the story,” Judge Wilson wrote in the “From My Side of the Bench” column. “At one point, my court reporter remarked that she was about to cry during the opening. Think about it – in a case involving an alleged constructive trust, the court reporter is on the verge of tears.”

Read the announcement.

Sirius Solutions presents a free white paper exploring several key issues commonly faced in the valuation and financial reporting of oil and gas property acquisitions.

The paper is written by Sirius Solutions’ John Lehman, Financial Advisory Services Director.

“The complexity of oil and gas property acquisitions has increased due to constantly changing positions on appropriate valuation techniques, methodologies and regulatory requirements,” the company says on its website. “Sirius Solutions knows financial executives like yourself in the oil and gas industry are under pressure to complete the preliminary financial reporting of property acquisitions as quickly and efficiently as possible.”

Download the white paper.

Chesapeake Utilities Corp. has announced today that James Moriarty has joined the company as Vice President, General Counsel and Corporate Secretary.

In his new role, Moriarty will oversee the company’s legal affairs by managing the company’s internal legal function, and managing outside counsel, Chesapeaker Utilities said in a news release.

“He will provide counsel on legal matters to senior management and the business units to ensure compliance with applicable laws and regulations, and advise senior management and the board on corporate governance matters,” the release continues. “In addition, he will provide legal advice on all major business transactions and assist management on governmental relations, including lobbying and other legislative activities. Mr. Moriarty will oversee the preparation, review and negotiation of contracts and other legal documents and provide legal and contractual support for project development and transactions.”

Read the announcement.

America’s largest electric company announced that it is settling a lawsuit that claimed shareholders lost millions of dollars when Duke Energy fired its CEO hours after a long-anticipated buyout of its smaller neighbor, reports the Greensboro News & Record.

“Charlotte-based Duke Energy said its insurers and shareholders would pay $146 million to end the lawsuit filed after the company completed its July 2012 buyout of Raleigh-based Progress Energy Inc. The company set aside $26 million for the amount not covered by insurance and said consumers would not pay the cost,” the report says.

The litigation claimed shareholders suffered when Duke Energy directors suddenly fired new chief executive Bill Johnson, who was supposed to head the combined company after holding the same post at Progress Energy.

Read the story.

Insurance certificates are a critical part contract management. To improve risk management, contracts often require a party to carry certain insurance policies. The risk management benefits of these provisions are lost unless you track the insurance certificates in addition to the contract.

A new article and video from Berkman Solutions outline steps for managing insurance certificates required in a contract.

“You have carefully allocated risk in contract drafting,: the article says. “It is clear that the other party is responsible for their conduct and any damages your organization suffers. You go the extra step to require that the other party carry relevant liability insurance. In some cases, they must also name you as an additional insured party on their policy.

“The contract is executed. Now what? You add the contract and its expiration date in the contract management spreadsheet. You even collect the insurance certificate at signing.

“What is the problem? The problem is that the insurance certificate expires before the expiration of the contract. It is quite rare that the insurance certificate and the contract share the same time line.”

Read the article and watch the video.

Platts and Bentek Energy have posted a free on-demand webinar that takes a look at the outlook for natural gas supply, concluding that this could be the summer of oversupply.

Presenters discuss such issues as: where natural gas storage will be this spring and summer, how regional gas prices will respond to the insurgent Northeast natural gas, how the summer price strip is responding to market conditions, what the expectations are for coal-to-gas switching, what key prices and fundamentals should be watched as the summer approaches, and more.

Leading the discussion are Patrick Badgley, Associate Editor of Platts, and Anne Swedberg, Manager of Quantitative Analysis at Bentek Energy.

Watch the on-demand webinar.

A white paper posted by Jones Day partner Tara Kowalski on the firm’s Insurance Policy Advocate site says a recent string of cases addressing suit limitation provisions serves as a reminder of the numerous traps that surround such provisions and how insurer conduct can be misleading in those situations.

The article points out that suit limitation provisions are the contractual equivalent of statutes of limitations.

“They require policyholders to file coverage lawsuits within a specified period of time or risk forfeiting coverage for the claim at issue. The most common time period is one or two years – which is often shorter than the otherwise applicable statute of limitations,” Kowalski writes. “Despite the potential for Draconian results, suit limitation provisions are generally enforceable, subject to certain limitations. And, some jurisdictions don’t require a showing of prejudice from the insurer. Suit limitation provisions are often found in first-party policies and only rarely in liability policies.”She offers a summary of some recent cases addressing suit limitation provisions, as well as some practice pointers based on the rulings in those cases.

Read the white paper.

Sherrie L. Farrell of Dykema

Dykema, a leading national law firm, has announced that a member of the firm, Sherrie Farrell has been named to Savoy Magazine’s 2015 Most Influential Black Lawyers list. The list is comprised of the “best of the best” of African American partners in leading national law firms as well as corporate counsel from Fortune 1000 corporations.

In the spring issue of Savoy, the magazine will showcase Farrell among other visionaries, leaders, and advocates within the legal profession who are widely recognized for their professionalism, commitment to excellence and community service.

“Savoy is proud to be at the vanguard of recognizing excellence and success within private industry and corporate professionals,” said L.P. Green, II, publisher of Savoy Magazine. “Recognizing the Most Influential Black Lawyers is a natural extension of our ongoing coverage of influencers and achievers that began in with the creation of the Most Influential Black Executives and Most Influential Black Women listings. We remain committed to recognizing and exposing the world to the full spectrum of excellence within the African American community.”

Farrell is the Office Managing Member of the firm’s Detroit office, Leader of the firm’s Cybersecurity practice, and Chair of the firm’s Diversity and Inclusion Committee. A member of the firm’s Litigation Department, she advises clients on all aspects of business disputes, including a broad range of complex litigation matters. She has represented manufacturers, closely-held corporations, auto suppliers and construction companies in both litigated and non-litigated matters. Her practice also includes the defense of consumer financial services matters and she has served as the national discovery counsel for a Fortune 25 corporation.

She is also a very active member in her community. Farrell is a board member for the Legal Aid and Defender Association, Inc., Black Family Development, Inc., Gift of Life-Michigan, and the Detroit Metropolitan Bar Association. She is also the past president of the Wolverine Bar Association, and is involved with the Citizen’s Research Council, as well as several other organizations.

Farrell also has several other professional accolades, including recognition from Michigan Super Lawyers and The Best Lawyers in America, as well as being named a Top Lawyer by DBusiness Magazine. A national publication, Law 360, recently recognized Farrell as one of its Minority Powerbrokers in the legal profession. She also earned the Wolverine Bar Association President’s Award for promotion of diversity in the legal profession, and was recently named a Michigan Chronicle 2015 Women of Excellence Honoree.

Farrell earned a J.D., cum laude, from the Detroit College of Law and a B.A. from Wayne State University.

About Savoy

Savoy Magazine is a national publication covering the power, substance and style of African American lifestyle. From entertainment to sports, business to politics, design to style, Savoy is a cultural catalyst for the African American community that showcases and drives positive dialogue on and about Black culture. Savoy is published quarterly and distributed via subscriptions and newsstands worldwide.

About Dykema

Dykema serves business entities worldwide on a wide range of complex legal issues. Dykema lawyers and other professionals in 12 U.S. offices work in close partnership with clients – from start-ups to Fortune 100 companies – to deliver outstanding results, unparalleled service and exceptional value in every engagement. To learn more, visit www.dykema.com and follow Dykema on Twitter at http://twitter.com/Dykema.

BloombergBusiness has published four charts that show the labor market is about as tight as it can be right now, and “the end of slack is near.”

According to one analysts’s research, wage growth is about to accelerate and a Fed rate hike is all but inevitable this summer.

On chart shows how employer costs for employee compensation per hour worked is spiking. And anotherhows that employers are finding it harder and harder to find skilled labor.

Read the story.

Should executives include an arbitration clause in their employment contracts? A paper by Zuckerman Spaeder partner John J. Connolly says there’s no uniform answer.

Connolly writes that arbitration proponents cite its speed, cost, privacy, informality, minimal discovery, and limited appellate rights. But opponents of arbitration list the same points as negatives. Volumes have been written about whether arbitration is a better form of dispute resolution than litigation, and we can’t resolve that question here.

The data do seem to suggest that arbitration is not as bad a forum for executives as it is for lower salaried employees, Connolly writes, but more research is needed.

Read the paper.