Heightened Scrutiny of Director Positions by FERC and DOJ

U.S. Energy, Infrastructure, and Resources Alert

By: Ruta K. SkucasKimberly B. FrankDrew MannJennifer L. MersingChimera N. Thompson

The Federal Energy Regulatory Commission and the Department of Justice recently issued orders and statements demonstrating concerns related to director positions and potentially interlocking directorates. These actions together signal greater attention paid to the identities and affiliations of directors serving on corporate boards. Going forward, companies should carefully review the composition of their (and their upstream owners’) board of directors to confirm they are in compliance with FERC and DOJ regulatory requirements.

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