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Practice Industry: Energy & Natural Resources, Environmental, Insurance

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COVID-19 or Oil Price Crash? Competing Causes for Termination for Force Majeure
Haynes and Boone, LLP, April 2020

On 8 March 2020, Saudi Arabia initiated a price war with Russia which has caused a major fall in the price of oil. This is disastrous for an industry that had only just recently recovered from the 2014 crash and companies are now looking at how to best get through another difficult downturn...

Force Majeure Issues Impacting the Power Sector
Haynes and Boone, LLP, April 2020

The power sector has responded rapidly to the Coronavirus pandemic by following Emergency Operations Plans, some of which specifically include responses to epidemics. The reliability of the grids across the United States have been maintained and power providers are necessary to the continued functioning of the country...

Latest Guidance on Quarantine and Self-isolation Procedures for the UK Oil and Gas Industry
Haynes and Boone, LLP, April 2020

Companies operating in the oil & gas industry in the UK can find the most up-to-date information and guidance relating to the on-going COVID-19 pandemic on the websites of Oil & Gas UK (“OGUK”), Step Change in Safety and the Health and Safety Executive (“HSE”), amongst others. OGUK & Step Change in Safety OGUK is continuing to publish the latest information and guidelines relating to COVID-19 on its website...

Energy Regulatory Commission Extension of the Suspension for Terms and Proceedings
Basham, Ringe y Correa, S.C., April 2020

  On April 07, 2020 the Energy Regulatory Commission (“CRE”) published in the Federal Official Gazette an administrative resolution declaring the extension of the suspension of all terms and proceedings before such authority until April 30, 2020...

Keep Calm and Notary On: How to Meet Your Notary Needs in Texas While Social Distancing
Haynes and Boone, LLP, April 2020

With most of the country working from home, many are wondering how to get their documents notarized. Thankfully, several states, including Texas, have authorized online notarization ceremonies. Under the new telecommunications statutes, individuals can have documents notarized from a healthy distance. Historically, Texas required both in-person notarization and the filing of the original notarized document, which precluded any possibility of a telecommuting notary...

CMS Waivers and Flexibilities
Spilman Thomas & Battle, PLLC, April 2020

In times of emergency, the Secretary of Health and Human Services (the "Secretary") has authority to issue temporary waivers or modifications of certain Medicare, Medicaid, CHIP, and HIPAA requirements. The Centers for Medicare and Medicaid Services ("CMS") has released a substantial number of waivers in response to the coronavirus national emergency...

Medicare Coverage for Virtual Healthcare Services
Spilman Thomas & Battle, PLLC, April 2020

On March 17, 2020, the Trump administration announced an expansion of Medicare coverage for virtual health services. The Medicare expansion is intended to make medical offices more available to people who need to be seen in-person and to mitigate the spread of the novel Coronavirus. Medicare can now pay for office, hospital, and other visits furnished via virtual services across the country, including a patient’s place of residence, starting March 6, 2020...

Telehealth and HIPAA Compliance During the COVID-19 Pandemic
Spilman Thomas & Battle, PLLC, April 2020

Telehealth is not a new concept, but it has been accelerated to the forefront recently by government mandated social distancing. While all of the "stay-at-home" orders issued across the country to date have included exceptions that permit individuals to leave their homes to seek medical treatment, providers may feel an obligation to offer telehealth services to protect not only their patients, but also the provider's staff, and to support the national effort to "flatten the curve...

Insurance Recovery & The Corona Effect: Responding To Coverage Defenses For Business Interruption Claims
Haynes and Boone, LLP, April 2020

While the financial impact of quarantines and shelter-in-place orders will inevitably reach into every industry and every corner of the economy, companies in the hotel, restaurant, travel, retail and manufacturing sectors have already sustained significant business interruption losses. Much of the commentary from insurers and even some government agencies has been presumptively negative about the prospects for coverage...

Offshore Contractor’s Guide through the English Law Issues Arising from the Latest Oil Price Collapse and COVID-19
Haynes and Boone, LLP, April 2020

Introduction: The new reality As a result of the sudden and dramatic fall in the oil price that had occurred between June 2014, when oil had been trading at prices of around US$115 per barrel of Brent crude, to January 2015 by which time it had fallen to around US$35 per barrel, I was prompted to prepare a “Guide for Contractors”. Parties in the offshore oil and gas sector, and in particular contractors in the industry, were facing turbulent and unpredictable times...

Superintendence of Environment and the Environmental Assessment Service Extend Term Suspension Measures in the Context of COVID-19
Carey, April 2020

I. Superintendence of Environment orders the extension of the terms suspension in sanctioning proceedings and other actions. On March 30, 2020 the Superintendence of Environment (“SMA”) issued Exempt Resolution No. 548 (“Res. 548”), which extended the term suspension measures ordered by means of Exempt Resolution No...

Let’s Talk About Insurance: Are we Covered in COVID-19 Situation?
Nestor Nestor Diculescu Kingston Petersen, April 2020

COVID-19 brought a tremendous disruption of normal daily life/business affecting personal life and businesses alike. People and companies/ institutions alike are in continuous assessment of solutions and compromises to mitigate the impact of the COVID – 19 pandemic. In the context of a continuously evolving environment, we all need to adapt and try to keep control on negative impact...

Environmental Compliance in the Coronavirus Era
Haynes and Boone, LLP, April 2020

Many regulated entities are struggling to comply with certain environmental reporting, monitoring and settlement agreement requirements because of the impact of shelter in place orders, supply chain disruptions, and social distancing requirements relating to the COVID-19 pandemic response...

Texas PUC Issues Three Orders in Response to COVID-19 to Assist Residential Ratepayers
Haynes and Boone, LLP, March 2020

The Public Utility Commission of Texas (PUCT or Commission) issued three orders on March 26, 2020, establishing a new COVID-19 Electricity Relief Program for residential customers and modifying certain regulatory requirements applicable to retail electric providers (REPs) and electric utilities, including transmission and distribution utilities (TDUs)...

Current Scope of COVID-19 in the Insurance Market
Carey, March 2020

I. Coverage From a commercial perspective, the main challenge for insurance companies and insureds has been to determine whether events such as pandemics, epidemics, economic losses due to quarantines, etc. in connection with Covid-19 are covered or not by their insurance policies...

Measures Regarding Basic Services in the Face of COVID-19
Carey, March 2020

On 27 March 2020, the Chilean Government announced that the Ministry of Energy reached an agreement with power distributors to roll out a contingency plan that helps Chilean households pay the electricity bills during the State of Catastrophe...

How Insurance Companies Failure to Exclude Business Interruption Losses Caused by COVID-19 Impacts your Coverage
Waller, March 2020

Commentators and lawyers continue to make blanket statements regarding lack of business interruption coverage for losses caused by the novel coronavirus (COVID-19). They contend that coronavirus-related losses cannot satisfy the “direct physical loss of or damage to [covered] property” language contained in many policies to trigger coverage in the first place...

U.S. EPA’s Temporary Enforcement Policy Provides Needed Guidance During the COVID-19 Pandemic
Hanson Bridgett LLP, March 2020

On March 26, 2020, the U.S. Environmental Protection Agency (EPA) announced a temporary policy on its enforcement of environmental obligations during the COVID-19 pandemic. Many facilities are experiencing unexpected constraints arising from the pandemic, including limited availability of key staff, contractors, and laboratories...

Group Health Plan and Cafeteria Plan Issues Related to COVID-19
Hanson Bridgett LLP, March 2020

As a growing number of the workforce is being affected by the COVID-19 pandemic, employers are raising several benefit related questions, particularly with respect to group health plans. The Employee Benefits Group at Hanson Bridgett will be providing updated information on possible issues arising in the benefits area through Benefits Alerts and postings on Hanson Bridgett's Online COVID-19 Resource Center...

Coronavirus: Impact on Insurance
PLMJ, March 2020

The Coronavirus, COVID-19 has raised numerous important legal issues. However, one issue has assumed an even higher profile with the recent classification of the virus as a pandemic. This is the question of what claims can be made under the different insurance products on the market to cope with the losses, whether direct or indirect, that Portuguese businesses have been facing...

Coronavirus: Impacts on Energy Licensing and the Energy Market
PLMJ, March 2020

A global public health emergency was declared by the World Health Organization on 30 January 2020 as a result of the spread of the new virus COVID-19. The virus was later classified as a pandemic on 11 March 2020. As a result, it is important guard against any negative impact of the events relating to COVID-19 on ongoing energy licensing processes and on the energy market as a whole, particularly in the light of Decree-Law 172/2006 of23 August (“DL 172/2006”)...

Oil & Gas Workers Given “Key Worker” Status by the British Government
Haynes and Boone, LLP, March 2020

The British government has adopted stringent measures to reduce the spread of the novel coronavirus effective from 23 March 2020[1], including a nationwide lockdown, closure of non-essential shops and public venues and mandatory social distancing. The general rule is that people should stay at home, but workers can travel to and from work if they cannot perform their work from home[2]...

Please Mr. Postman: Energy Trading Contract Notice Issues in the Time of COVID-19
Haynes and Boone, LLP, March 2020

COVID-19 and the sweeping government actions to curtail the effects of the virus have disrupted business activities across the globe, requiring businesses to carefully examine their existing contracts and in certain cases deliver important notices thereunder, such as notices of force majeure...

COVID-19 Impact on Renewable Energy Asset Development
Haynes and Boone, LLP, March 2020

The COVID-19 pandemic and the sweeping government action to curtail its effects across the globe has disrupted global supply chains and may continue to do so for quite some time. These constraints will strain project development timelines across the renewable energy industry...

Clearing Through the Smoke: Understanding the Short- and Long-Term Impact of COVID-19 on R&W Insurance
Haynes and Boone, LLP, March 2020

The impact of the novel coronavirus (COVID-19) across the globe remains a significant concern in every aspect of business – and the representation and warranty (R&W) insurance market is no different. The following Frequently Asked Questions are designed to address some of the more common questions that have arisen since the outbreak of the pandemic.As always, advice in this area is fact-sensitive...

 

 

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