A Clash of Two Congressionally Constructed Titans: FERC v. Bankruptcy Court Jurisdiction

Legal Area:        Bankruptcy Oil Mineral Gas Energy Business Litigation Trial Appellate
Session END DATE:        12/31/2024
Total CLE Hours:        1.00
Ethics Hrs Included:        0.00
Registration Fee:        $20.00
Information:        ONLY $10

** Available on-demand any time of day and in time increments convenient to you through Session End Date above **

The jurisdictional question of whether FERC-regulated power and natural gas contracts can be “rejected” in bankruptcy cases like other contracts - or require separate FERC approval, as the agency claims — has been litigated for years, with the most recent major decision issued by the 5th Circuit (in re Ultra Petroleum, 28 F.4th 629 (5th Cir. 2022)). This CLE program will provide insight and analysis into this issue and other pertinent key decisions, as well as to provide a summary of the current state of the law and potential areas of uncertainty in future litigation. This CLE course features streaming video and downloadable audio presentations from a seminar by the Houston Bar Association (HBA) on February 24, 2023. Subjects include:

  • FERC Jurisdiction: General Principles

  • Bankruptcy Jurisdiction: General Principles

  • Clash of Jurisdiction: Rejection of FERC-Regulated Contracts

  • Review of Pertinent Legal Cases

  • Key Takeways and Potential Areas of Future Litigation

  • Speakers:

    David A. Applebaum, Jones Day.  More information may be found on his firm's website.

    Gary L. Kaplan, Jones Day.  More information may be found on his firm's website.


    This course is approved for CLE credit by the STATE BAR OF TEXAS (MCLE Provider #8238).  Please check with your State Bar regarding specific accreditation requirements.

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