Kenneth W. Irvin is a partner in the law firm of McDermott Will & Emery LLP and is based in the Firm's Washington, D.C. He heads the Firm's regulatory practice. Ken represents clients on federal and state commodity and energy (electricity, natural gas, oil, alternative energy and emissions) matters, including hedging and credit risks, contract structuring and disputes, arbitrations, bankruptcy or non-performing assets, and regulatory issues involving energy and commodities trading, market regulation and structured transactions. For 2010 and 2011, Ken is Co-Chairing the 3d Power & Alternative Energy Conference, sponsored by The Center for American and International Law.
During past year, Ken led teams representing Macquarie acquiring the wholesale natural gas trading portfolio of Constellation and the wholesale power trading portfolio of Integrys. He also represented clients in connection with structuring wholesale supply arrangements for retail energy service companies. As head of the group’s regulatory practice unit, Ken oversees the attorneys that ensure client compliance with FERC and CFTC requirements, and works closely with those handling compliance with FSA requirements.
Other recent engagements include leading the team that successfully resolved the claim of a significant secured creditor in the SemCrude bankruptcy proceedings. Ken's expertise includes prosecuting clients’ rights in judicial, bankruptcy and ADR proceedings under natural gas purchase agreements, wholesale power purchase agreements, asset purchase agreements, natural gas transportation agreements, credit facilities, covenants not to compete, partnership agreements, shareholders agreements, seller’s choice disputes and leases. He has assisted clients in the acquisition or sale of companies and assets in numerous bankruptcy auctions. He also works with clients on creditor’s rights issues, to restructure complex energy and natural gas agreements, and advises officers and directors on fiduciary responsibilities to creditors and shareholders during times of financial trouble.
Ken’s experience includes representing clients acquiring or releasing natural gas transportation and storage services; precedent agreements; structuring asset management agreements under FERC Order 712; securing FERC approval for corporate reorganizations or acquisitions under the Federal Power Act section 203; PUHCA; handling complaint proceedings under FPA 206; representing shipper in rate cases under the Natural Gas Act.
Ken’s clients include Barclays, BP, Citigroup, Constellation, El Paso, Gavilon, Macquarie, Merrill Lynch, Morgan Stanley, and Scotia.
Ken has authored and co-authored several articles on energy and bankruptcy including: “Mitigating Contract Risk Key in Hedging,” The American Oil & Gas Reporter, October 2009; “Identifying and Planning for New Forms,” Spark, August 2009; “Rules of the Road,” Oilweek, July-August 2009; “Reinterpreting Bankruptcy Code Section 553’s Mutuality Required,” Law360, January 2009; “Federal Natural Gas Regulation; 2008 in Review,” Law360, January 2009; “The Buck Stops Where? Lessons Learned About Gas Contract Force Majeure,” Institute for Energy Law of the Center for American and International Law’s 58th Annual Oil and Gas Law Conference, August 2007; “A Word to the Wise About Transparency,” Legal Times, June 2007; “Bankruptcy Code Confusion,” Energy Risk, October 2006; “A New Broad Brush,” Legal Times, August 2004; “The Tyranny of FERC,” Public Utilities Fortnightly, May 2004; and “Restructure or Bust? Why FERC Must Yield to Bankruptcy Law,” Public Utilities Fortnightly, October 2003. Ken was a speaker at the 2d Power & Alternative Energy Conference, Houston, TX, April 2009.
Ken is a member of the District of Columbia and New York bars, and is admitted to practice before the Supreme Court, the U.S. Courts of Appeals for the District of Columbia, the Third, Fourth, Fifth, Ninth, Eleventh and Federal Circuits, and the U.S. Court of Federal Claims. He also practices before the Federal Energy Regulatory Commission (FERC).
Education
- Syracuse University College of Law, J.D. (magna cum laude), 1992
- Clarkson University, B.S.E.E., 1987
