Next Generation Partners

Firms To Watch: Energy litigation: electric power

Faegre Drinker Biddle & Reath LLP operates a full-service energy litigation department, representing both plaintiffs and defendants in high-stakes civil and commercial matters. The team has a growing bench of experts led by Lawrence DeMuth, Peter Magnuson, Clay Pierce and Colin Harris across Minneapolis, Boulder and New York.  
O'Melveny has a strong bench of trial lawyers to represent energy clients in both administrative litigation and commercial disputes. The Austin-based group is led by Katie Coleman, Phillip Oldham, and Benjamin Hallmark, and receives strong support from John Anaipakos  ,who boasts in-depth knowledge of the electricity market.

Energy litigation: electric power in United States

Baker Botts L.L.P.

Baker Botts L.L.P. is notable firm for tackling highly contentious litigation and arbitration cases for top multinational companies in the electric power industry. The firm also has a strong bench of attorneys specialising in disputes related to innovative projects at the intersection of the technology and energy industries. William Kroger leads the group alongside Louie Layrisson in the firm's Houston headquarters. Kroger has vast experience representing clients in state and federal courts across the country as well as appearing before several energy regulatory agencies. Layrisson has a broad trial practice involving commercial disputes for major electrical power industry players and advising on risk mitigation for energy transition projects. Tina Nguyen is also a skilled litigator in high-stakes commercial matters, particularly for renewable energy clients.

Responsables de la pratique:

William Kroger; Louis Layrisson


Autres avocats clés:

Megan Berge; George Fibbe; Kevin Jacobs; Tina Nguyen; Michael Yuffee


Principaux dossiers


Steptoe LLP

Steptoe LLP is a go-to firm for handling complex litigation for both traditional energy and energy transition, with a robust client base that includes numerous electric utility systems. The firm is also sought after for its expertise in antitrust issues in the space. Daniel Mullen and Richard Roberts co-lead the Washington-based group. Mullen focuses his practice on defending clients in FERC and CFTC investigations and assisting them in developing robust energy regulatory compliance programs. Roberts is also active on contentious matters, handling private litigation for clients alongside trying cases before the FERC and appeals courts. He also excels at counselling energy clients on market manipulation and antitrust matters. William Keyser is also a key partner handling regulatory litigation and transactions for a host of clients including electric utilities, transmission providers and energy storage developers. Karen Bruni is a particularly active associate, aiding in cases related to enforcement and antitrust issues.

Responsables de la pratique:

Daniel Mullen; Richard Roberts


Autres avocats clés:

William Keyser; Shaun Boedicker; Chris Zentz; Karen Bruni


Principaux clients

Duke Energy


Southern California Edison (SCE)


Eversource


PacifiCorp


Berkshire Hathaway Energy


NorthWestern Energy


Evergy


American Electric Power (AEP)


Hashwatt, Inc.


Rhode Island Energy (RIE)


Tipmont Rural Electric Membership Cooperative


Exelon


Edison Electric Institute (EEI)


Principaux dossiers


  • Represented Duke Energy Corp., and won a summary judgment in federal district court in Charlotte, dismissing antitrust and unfair competition counterclaims brought against Duke by NTE Carolina II LLC and alleging approximately $1bn in damages.
  • Represented HashWatt in Pennsylvania state court in a contractual dispute with its energy supplier, who is seeking to terminate the power supply contract early without having to pay significant damages for doing so.
  • Negotiated a settlement on behalf of PacifiCorp, the subject of a longstanding investigation by FERC’s Office of Enforcement for alleged violations of certain mandatory NERC Reliability Standards.

Bracewell LLP

Bracewell LLP represents large energy companies as both plaintiffs and defendants in high-profile and complex litigation. The firm is adept at handling disputes ranging from contracts and pricing through to infrastructure developments, as well as work in front of state and federal regulatory bodies. Stephen Crain leads the team from Houston, as an experienced litigator, representing developers, producers and suppliers in the electric power industry in cases ranging from personal injury to property loss. Washington-based Michael Brooks focuses on commodities and derivatives within the electricity market. Houston’s Bradley Benoit is experienced in representing both sides in commercial disputes, whilst Deanna King inAustin concentrates on advising domestic and foreign clients on regulatory compliance and any associated litigation.

Responsables de la pratique:

Stephen Crain


Autres avocats clés:

Catherine McCarthy; Deanna King; Michael Brooks; Bradley Benoit; Rachel Goldman; Tyler Johnson


Les références

‘Bracewell has a strong energy regulatory group, especially electric power. They have a deep understanding of the business and the regulatory structure. They also frequently appear before the relevant regulatory agencies and understand well the priorities of those regulators.’

‘Michael Brooks is excellent. He has great experience with the agencies and effectively advocates for his clients.’

Principaux clients

Alliance of Cooperative Energy Services Power Marketing LLC


Apache Corporation


Arroyo Investors


Avangrid, Inc.


Central Maine Power Company


Chevron USA, Inc.


Columbia Gas Transmission, LLC


Equinor Wind Services LLC


New York State Electric & Gas Corporation and Rochester Gas and Electric Corporation


Powerex Corp.


Rockland Capital


Shell Energy North America (US), L.P.


Tenaska, Inc.


Salka, LLC


Principaux dossiers


  • Secured a win on behalf of numerous defendants and in In re Winter Storm Litigation, in which hundreds of cases were consolidated and more than 4 million plaintiffs sought damages arising from Winter Storm Uri.
  • Conducted a confidential internal investigation into allegations of an international conspiracy to commit accounting fraud and bribery in connection with a costly infrastructure project that impacted ratepayers, on behalf of a multinational power company.
  • Acted as Powerex’s US legal advisor in negotiations and proceedings related to wholesale electricity market activity, including the establishment of legal and regulatory frameworks for cross-border participation in newly organized wholesale electricity markets in the western United States.

McGuireWoods LLP

McGuireWoods LLP is a major player in the energy enforcement space, representing a host of electric utility clients in FERC cases in federal courts. Todd Mullins and Noel Symons are joint leaders of the department, operating from Washington DC. Mullins has long-standing experience representing clients in energy traders of the FERC and offers additional advisory guidance to electric clients on compliance programs and audit preparation. Symons is heavily active in the electric power space with traditional utility clients and operators of nontraditional transmission. Julia English also leads matters involving the development and operation of electric generation and transmission projects. Katlyn Davis Farrell and David Martin Connelly are also active individuals to note.

Responsables de la pratique:

Todd Mullins; Noel Symons


Autres avocats clés:

Julia English; Katlyn Davis Farrell; David Martin Connelly


Principaux clients

Constellation Energy


Edison Electric Institute (EEI)


NRG Energy Inc.


Alabama Power Company


Georgia Power Company and Mississippi Power Company, (collectively known as Southern Companies)


Associated Electric Cooperative, Inc.


Dalton Utilities


Dominion Energy South Carolina, Inc.


Duke Energy Carolinas, LLC


Duke Energy Progress, LLC


Louisville Gas and Electric Company and Kentucky Utilities Company


Georgia System Operations Corporation


Georgia Transmission Corporation


Municipal Electric Authority of Georgia (referred to as MEAG Power)


North Carolina Electric Membership Corporation


North Carolina Municipal Power Agency Number 1


Oglethorpe Power Corporation (An Electric Membership Corporation)


PowerSouth Energy Cooperative


South Carolina Public Service Authority (referred to as Santee Cooper)


Tennessee Valley Authority


PSE&G


Dominion Energy, Inc


Dominion Energy Virginia


Black Hills Corporation


Principaux dossiers


  • Represented Constellation (f/k/a Exelon) in its novel reliability-must-run (RMR) case to keep Exelon’s Mystic Generating Plant (Mystic), a uniquely situated facility adjacent to an affiliate-owned liquefied natural gas (LNG) import terminal, operational to provide fuel security in ISO-New England.
  • Represented Members of the Southeast Energy Exchange Market in litigation before FERC and on appeal regarding FERC’s approval of the SEEM.
  • Represented Black Hills Corporation’s electric operating subsidiaries on a number of cost-based, market-based rate and rate schedule matters.

Dentons

Dentons caters to a host of clients in the electric power industry, handling major civil disputes and administrative litigation in front of regulatory boards. Clinton Vince leads the Washington DC-based group with an enviable litigation record, arguing before trial and state appellate courts, US district court and in some instances the Supreme Court. Emma Hand also has extensive experience litigating for top energy companies and advising them on efficiency and regulatory compliance. Justin Mirabal negotiates settlement deals between regulated entities and his clients following successful litigation proceedings. Andrew Mina excels in representing electrical utilities and renewable energy developers before the FERC.

Responsables de la pratique:

Clinton Vince


Autres avocats clés:

Emma Hand; Justin Mirabel; Andrew Mina


Les références

‘The team that supports us is highly skilled and provides prompt, detailed responses. They always try to understand our needs.’

‘They are kind and competent. They provide a critical perspective when asked how to proceed.’

‘The Dentons trademark team is knowledgeable, professional, and responsive. They provide excellent service at the highest level; they also have the advantage of being part of a huge global concern and are thus able to provide services in different jurisdictions where the matter warrants that.’

Principaux dossiers


  • Handled multiple lawsuits at the Federal Energy Regulatory Commission on behalf of the Council and New Orleans ratepayers, resulting in repayments to start innovative local energy efficiency initiatives.
  • Competed for and was selected to represent IHI, one of the largest Japanese conglomerates, in connection with IHI’s engineering procurement and construction litigation dispute against Kinder Morgan over the construction of a US $1+ billion LNG export liquefaction facility project in the US.
  • Produced a comprehensive victory for Tri-State Generation and Transmission Association in a years-long, fully litigated proceeding against Basin Electric Power Cooperative, the largest generation and transmission cooperative in the country, at the Federal Energy Regulatory Commission.

Haynes and Boone, L.L.P.

Haynes and Boone, L.L.P.  has a strong team of power litigators with experience in guiding clients across the electric power sector through regulatory and litigation proceedings. Leslie Thorne leads the team, splitting her time between New York and Austin and litigating bet-the-company cases for clients in the conventional and renewable energy spaces. Ben Mesches also heads the group from Dallas, as a sought-after appellate practitioner in the electric power sector.

Responsables de la pratique:

Leslie Thorne; Ben Mesches


Autres avocats clés:

Jason Jordan; Andrew Guthrie; Ryan Pitts


Les références

‘Real bench strength at all levels from junior associates up to senior partners.’

‘A true knowledge of the industry that allows them to make informed decisions to help businesses legally and commercially.’

Principaux clients

Emissions Reduction Corp. (ERC)


Panda Power Funds


XTO Energy


Cobalt International Energy, Inc.


Papalote Creek II, LLC


Southwest Power Pool, Inc.


South Texas Electric Cooperative, Inc. (STEC)


EDP Renewables North America, LLC


NextEra Energy


Tokai Carbon


Ormat Technologies


El Algodon Alto, LLC


RWE Renewables Americas, LLC


Principaux dossiers


  • Advised Emissions Reduction Corp. (ERC) on instant action arising from a $15 million promissory note and fraudulent overrepresentation of business to recover lost profits and damages and hold accountable the entities and individuals involved in the attempted exploitation.
  • Defended multiple power-related companies, including South Texas Electric Cooperative, EDP Renewables, Contour Global, Tokai Carbon, Ormat and Swoose, in relation to mass tort litigation involving hundreds of individual plaintiffs suing for losses and damages from Winter Storm Uri.
  • Served as coverage counsel for XTO Energy in a multi-million-dollar lawsuit stemming from a catastrophic explosion resulting in the death and disfigurement of multiple people, securing tens of millions of dollars in favorable settlements.

K&L Gates

K&L Gates is well-versed in handling administrative litigation before the FERC and other regulatory bodies in the electric energy field. The group is led by Washington DC's Kimberly Frank, who has vast experience in administrative and appellate litigation, and Brogan Sullivan from Kansas City. Donald Kaplan focuses his practice on litigation, handling energy matters before the Court of Appeals. Nathan Howe has extensive knowledge of regulatory processes and the evolving energy landscape.

Responsables de la pratique:

Kimberly Frank; Brogan Sullivan


Autres avocats clés:

Donald Kaplan; Nathan Howe


Principaux clients

PPL Electric Utilities Corporation


Kansas Electric Power Cooperative, Inc.


American Council on Renewable Energy


CTC Global


Principaux dossiers


Morgan, Lewis & Bockius LLP

Morgan, Lewis & Bockius LLP has a strong bench of experts with a deep understanding of the electric energy industry to provide sound guidance through challenging litigation, including the FERC proceedings or internal disputes. Elizabeth Hanigan  leads the group in Chicago whilst Stephen Spina spearheads from Washington DC, where the majority of the team's attorneys operate. Spina is well-versed in representing electric utilities and other industry participants in litigation proceedings before the FERC and providing additional advice on market prices, transmission and compliance issues. Daniel Skees is an active partner in the electric power market, handling administrative litigation and transaction matters. Brad Fagg is a key individual to note as well as Michelle Pector in Houston.

Responsables de la pratique:

Elizabeth Hanigan; Stephen Spina


Autres avocats clés:

Daniel Skees; Brad Fagg; Michelle Pector; Arjun Ramadevanahalli


Principaux clients

Energy Harbor Corporation


AES Corp


Xcel Energy / Northern States Power Company


CMD Carson, LLC


Public Service Company of Colorado


Tampa Electric


AB CarVal


Evergy


WestConnect Public Utilities


Principaux dossiers


Troutman Pepper Locke LLP

Troutman Pepper Locke LLP has experience handling high-stakes litigation cases across all regional markets, particularly for clients navigating transactional work within electric power. Atlanta’s Brandon Marzo leads the team alongside Christopher Jones from Washington. Jones regularly represents players in the electricity market in matters relating to federal regulation and competition issues. Washington DC’s Charles Sensiba is a recognised authority in hydropower, taking the lead on administrative and appellate litigation.

Responsables de la pratique:

Brandon Marzo; Christopher Jones


Autres avocats clés:

Charles Sensiba; Donna Byrne


Principaux clients

Berkshire Hathaway Energy


Duke Energy


Dominion Energy


American Electric Power


Southern Company


PacifiCorp


NV Energy


Hull Street Energy, LLC


NiSource, Inc.


WEC Energy Group


Ameren Corporation


Public Service Company of New Mexico


NorthWestern Energy


Earthrise Energy, PBC


Tri-State Generation and Transmission Association, Inc.


Principaux dossiers