On Monday, August 16th, the Delaware Federal District Court dismissed the lawsuit brought by Plains All American Pipeline, LLC (“Plains”) against certain Delaware Department of Finance employees (in their official capacities) and Delaware’s contracted auditor, Kelmar Associates (“Kelmar”) in regards to an unclaimed property audit. Mr. Burk is on the board of directors of EV Management, LLC, the ultimate general partner of EV Energy Partners, L.P., a publicly traded limited partnership engaged in the acquisition, development and production of oil and natural gas. Plains is a Delaware limited partnership formed in 1998 and headquartered in Houston, Texas. To this point, the court noted, “Plaintiffs claims, aside from equal protection, are directed to conduct which the Delaware Defendants may or may not undertake, which may or may not result in harms to Plaintiff at some later point in time. Between October 2014 and January 2015, twelve more states joined the audit. Mr. McCarthy serves as a director of Altus Midstream Company and Whiting Petroleum Corporation, and previously served as a director of Range Resources Corporation, ONEOK, Inc., Emerge Energy Services LP and K-Sea Transportation Partners L.P. Mr. McCarthy earned a BA in economics and geology from Amherst College and an MBA in Finance from the Wharton School at the University of Pennsylvania. Mr. Burk has served as a director of PAA GP Holdings LLC since January 2014. Previously, Ms. Pruner served as Partner and Chief Financial Officer for Perella Weinberg Partners. Have Keanotes®, our extensive compliance journal, emailed to you. Plains All American Pipeline, L.P. is currently seeking a Staff Auditor to join our growing Internal Audit team. Mr. Temple holds a BBA, magna cum laude, from the University of Texas and an MBA from Harvard. He served as a director of PAA’s general partner from December 2010 until November 2016. Plains is a Delaware limited partnership formed in 1998 and headquartered in Houston, Texas. Plains has subsequently brought its action for declaratory judgment and injunctive relief in the United States District Court of Delaware. In its complaint, Plains indicated that “The requests reveal that Kelmar’s objective in the Audit is to first determine which of Plains’ subsidiaries and affiliates will be the most lucrative audit targets.” [2]. Corporate Office: 1.866.421.6800 Corporate Office: 1.866.421.6800 Mr. Pefanis joined Plains Resources (which formerly owned 100% of PAA's GP interest) in 1983. Mr. Burk served as a director and as chairman of the audit committee of PNGS GP LLC, the general partner of PAA Natural Gas Storage, L.P., from April 2010 through December 2013. Prior to joining Plains Resources in 1983, Mr. Pefanis was an auditor for the national accounting firm of Price Waterhouse & Co. Plains was notified by Delaware on October 22, 2014 that Delaware’s third party audit agent, Kelmar, would be conducting an audit of Plains (and all “subsidiaries and related entities”). Some of the acts (and omissions) of Delaware and Kelmar that were alleged to substantiate these claims included: The court based its dismissal of the case against Kelmar on its conclusion that Plains did not have standing to sue Kelmar. Amongst other facts, the acts (and omissions) of Delaware and Kelmar that are alleged to substantiate these claims include: Keane will continue to monitor the NFI and Plains cases, as judicial guidance or interpretation on the implicated federal preemption, B2B exemption, and Constitutional issues could have sweeping impacts on holders in ongoing exams as well as future administration and enforcement measures. Plains sent Kelmar an email requesting that it be permitted to evaluate Kelmar’s data security procedures and controls. In addition, Mr. Chiang has been Chief Executive Officer since October 2018 and previously served as Executive Vice President and Chief Operating Officer of Plains All American GP LLC, the general partner of Plains All American Pipeline, L.P. Mr. Chiang joined PAA in 2015 from Occidental Petroleum Corporation where he served as Executive Vice President, Operations since 2012. He is a director of the American Petroleum Institute (API), and the Association of Oil Pipelines, and is currently serving as Chair of the Association of Oil Pipelines. Plains sent Kelmar an email requesting that they be permitted to evaluate Kelmar’s data security procedures and controls. This estimate is based upon 1 Plains All American Pipeline Audit Staff salary report(s) provided by employees or estimated based upon statistical methods. The unclaimed property consultants from Keane’s National Consulting & Advisory Services Team are seasoned financial professionals from a wide variety of industries and backgrounds. Audit Staff salaries at Plains All American Pipeline can range from $63,427-$68,588. Mr. Ziemba served as Executive Vice President, Refining, and a member of the Executive Committee, of Phillips 66 from May 2012 until his retirement in December 2017. See all Audit Staff salaries to … Far from a “real and immediate” threat, Plaintiff’s claimed harms are tenuous an uncertain.”[4] Ultimately, the court indicated that the majority of Plains’ claims were not “ripe” with regard to the Delaware defendants. Operations Center: 1.800.848.8896, Plains All American Pipeline, L.P. v Cook, Civ. Our webinar transcript outlines the intricacies of the oil & gas industry! Plains then sued Delaware and Kelmar in federal court seeking a declaratory judgment and injunctive relief. Our Leadership team is the driving force behind Keane’s growth, innovation, and dedication to helping companies manage their unclaimed property compliance obligations. Keep up-to-date with our real-time alerts on any major legislation changes in unclaimed property compliance. If you missed our previous entry on National Freight, Inc. v. Sidamon-Eristoff you can read it here. Mr. Pefanis serves as a director of the Memorial Hermann Foundation; and serves on the Advisory Board of the Price College of Business at the University of Oklahoma. From 1996 until 2012, he served in various positions at ConocoPhillips, including most recently as Senior Vice President - Refining, Marketing, Transportation, and Commercial. $0/yr. With regard to the dismissal of the case against the Delaware state officials, the court focused on the fact that all of Plains’ claims except the Fourth Amendment equal protection claim, are directed at speculation that certain Delaware actions may occur (i.e., unreasonable estimation techniques will be applied). Mr. Petersen is a Managing Partner of EnCap Investments L.P., an investment management firm, which he co-founded in 1988. Ms. Pruner is also the President of The Houston Symphony Endowment, chair of the Audit Committee and member of the Executive Committee of the United Way of Greater Houston, and serves on the Houston advisory board of The Nature Conservancy, among other volunteer efforts. Operations Center: 1.800.848.8896, National Consulting & Advisory Services Team, Unclaimed Property Reporting & Escheatment, Unclaimed Property Legislation & Compliance Updates, How to Successfully Report in Spring 2020 – Client Webinar, Delaware VDAs: Get a Clean Slate With The State.
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