The energy sector is arguably the most important sector of our economy and the most critical of our infrastructures. Implicating security, safety, and environmental concerns, as well as “pocketbook” issues, it garners regular and robust government scrutiny.
There are multiple “cops on the beat’: FERC, CFTC, DOJ, trading platform disciplinary programs and state regulators. The stakes are high with million dollar per day, per violation penalties on the line as well as trading bans and possibly criminal charges. The inquiries and investigations move quickly. Subjects don’t have time for their lawyers to “get up to speed” on the very specialized trading activities and regulator approaches. They need lawyers who do this work every day. That is McGuireWoods’ energy enforcement practice. We understand the industry, the trading, the products, and the platforms. We know how to look at complex data sets that tell the real story of our client’s conduct. Many law firms will tell you they can do energy enforcement, but we are one of a hand full of firms that do it every day.
The Energy Enforcement team at McGuireWoods is rooted in an elite Government Investigations and White Collar Litigation Department that was recognized as a Law360 Practice Group of the Year. We also leverage the capabilities of our broader firm-wide Energy team, including more than 100 interdisciplinary lawyers, who have been serving a broad spectrum of energy clients for nearly 50 years. We also represent about 30% of the nation’s utilities. We represent many of the top commodity trading houses and financial institutions. The firm has earned nationwide ranking for its energy regulatory and litigation work in Chambers USA’s guide.
The team includes a former top enforcement official at FERC who led some of the most high profile cases that agency brought in recent years as well as multiple partners and associates with direct experience in energy enforcement at the agencies and in the courts. The team is also diverse – including several women and lawyers of color who are actually experienced in energy enforcement. The expertise of our team was recognized when we were recently called upon by the Edison Electric Institute to completely redesign its on-line member training on Anti-Market Manipulation Rules. We literally “wrote the book” in the form of our unique, FERC Enforcement Reporter.
Our attorneys are experienced in assisting numerous clients with investigation responses, as well as less formal audits and inquiries plus everyday internal compliance. McGuireWoods is well-positioned to assist clients with the following:
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Some of the public matters we have handled include: