Energy, Regulation and Litigation


William S. Scherman Washington, D.C.
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Gibson, Dunn & Crutcher's Energy, Regulation and Litigation Practice Group has deep experience working both for and against the United States government on regulatory, enforcement and investigation matters, granting clients a unique insight into U.S. Federal Energy Regulatory Commission (FERC) and U.S. Commodity Futures Trading Commission (CFTC) policies and regulations. 

Our group provides a full range of services to clients in all energy industry segments – including complex litigation, government enforcement and investigation defense, mergers and acquisitions, energy infrastructure development and operation, and compliance with government rules and regulations. 

Led by William Scherman, former general counsel and chief of staff of FERC, Gibson Dunn's energy lawyers have diverse backgrounds, including in economics, science, technology, energy marketing and trading, energy policy legislation and reform.  We combine that practical and experiential knowledge and talent with that of other Gibson Dunn practitioners in a wide range of disciplines, including our world-class Litigation and Appellate practices and our best-in-class Energy and Infrastructure dealmakers to address the issues from all angles.  This holistic and multidisciplinary approach allows us to creatively and efficiently provide integrated solutions to the most complex energy-related issues, including: 

  • Defending corporate and individual clients in complex government investigations, audits and enforcement matters, including before FERC, the CFTC and in the federal courts  
  • Guiding clients through complex administrative litigation and rate proceedings before FERC, and in the federal courts
  • Challenging and defending agency orders and rulemakings in the federal courts of appeals
  • Conducting comprehensive internal investigations and audits to ensure compliance with rules and regulations of the FERC, CFTC, other federal and state agencies, public service commissions, and non-governmental organizations including the North American Electric Reliability Corporation (NERC)
  • Advising clients on participation in organized U.S. commodities markets and in navigating market rules for participating in the California ISO, PJM, MISO, ISO New England, NYISO, ERCOT, and Southwest Power Pool electricity markets
  • Helping clients conceptualize, develop and finance some of the largest renewable energy projects in the world
  • Working with clients on electric transmission development and operation, including both negotiated-rate and cost-based projects
  • Assisting clients throughout every stage of the development process and providing ongoing regulatory and compliance advice once these projects begin commercial operation
  • Drawing on our deep understanding of the regulatory approvals needed from federal and state agencies to effectuate energy transactions and complete mergers and acquisitions 

The Gibson Dunn Energy, Regulation and Litigation Group has successfully tried many high-profile matters, including market power and market manipulation enforcement cases, natural gas pipeline and electric utility rate cases, and affiliate transactions disputes.  We have represented clients in many of the largest, most complex mergers and acquisitions that have occurred in the energy industry in recent history.  And our team has broad capabilities working with the nuclear power industry and representing clients on nuclear power licensing applications and amendments before the Nuclear Regulatory Commission.  

With our team's breadth and experience, we develop innovative strategies to solve clients' problems quickly and efficiently while minimizing regulatory risk.  We rarely confront client issues that we have not dealt with before.