A member of Sutherland's Energy and Environmental Practice Group, Jake Dweck has a diverse energy policy and legal practice spanning nearly 35 years in oil, natural gas and LNG, electric power, climate change, renewable resources, and energy futures and derivatives. In each area, Jake helps clients achieve solutions and strategies in all facets of energy-related transactions and commercial matters, regulatory and policy proceedings, and dispute resolution. Jake was recently recognized by Public Utilities Fortnightly for his work serving clients in the LNG industry by being named as a "Groundbreaking Lawyer" in their November 2009 issue. Jake presently chairs Sutherland's firm-wide Climate Change Practice, focusing on counseling clients regarding U.S. government funding for clean energy projects and technology, carbon markets and offset transactions, fuels regulation, emissions trading (cap-and-trade), the potential impact on industrials and the oil and gas sector, and similar areas affected by federal and state laws to reduce the emissions of greenhouse gases. From 2000 through 2007, Jake chaired Sutherland's Global LNG Group, representing clients in transactional, commercial and regulatory areas affecting LNG projects and facilities throughout the world. Representative projects include Shtokman, Snøhvit, Brass River, Lake Charles, Cove Point, Elba Island, Sabine Pass, Energia Costa Azul, the Gate Terminal and others, as well as proposed projects and issues involving facilities on the U.S. East, Gulf and West Coasts, Europe, the Bahamas, Mexico, and South Korea. Jake previously launched and chaired Sutherland's Energy Creditor's Rights Team (1998-2004), which has represented a significant number of companies in bankruptcy and litigation proceedings, including as Special Energy Counsel in the PG&E Trading (renamed NEGT) bankruptcy proceeding, as well as individual creditors' counsel in the bankruptcy proceedings involving Enron (some $1.5 billion in stakes), Power Company of America, Mirant and NRG, and, more recently, counsels creditor clients in the Lehman Brothers and SEM Crude bankruptcies. Jake also led the Energy and Environmental Group's Oil Spill and Emergency Response Team (1993-2003) and its Customs and Trade Team geared to energy companies (1993-2001). Jake's Litigation and Dispute Resolution practice includes representation of clients like Statoil, Shell Trading and a futures exchange in major commercial, regulatory and antitrust disputes. In 2009, for example, Sutherland successfully defended a major class action challenging on antitrust grounds a foreign government's decision to cut oil production and a class action alleging fraudulent under-payments of oil and gas royalties. Jake has represented major concerns in nearly every segment of the energy industry, including IOCs, NOCs, power generators, oil, gas and electricity traders, investment bankers, state and foreign governments, LNG concerns, utilities, pipeline companies, refiners, terminal operators, project developers, and other commercial stakeholders. His practice has involved significant matters before U.S. Congress and the courts, as well as the U.S. Department of Energy (DOE), Federal Energy Regulatory Commission (FERC), Environmental Protection Agency (EPA), Minerals Management Service (MMS), U.S. Coast Guard, U.S. Customs Service and other federal and state agencies. In addition to private concerns, Jake has represented state, provincial and local governments in energy matters, including the State of Road Island and the Province of New Brunswick. Earlier in his career, he has represented U.S. farmers, acting through their regional farmer cooperatives, in a multibillion-dollar refund proceeding. Representative Experience Climate Change · Assisting U.S.-based energy company in developing a comprehensive strategic plan for addressing climate change regulation scenarios · Counsel in proposed transaction for timber concern to develop and sell U.S.-based forestry carbon offset credits to utility pursuant to CAR protocol (ongoing) · Counsel in transaction advising whether injection technology qualifies for early reduction or offset credits under Western Climate Initiative (WCI) and proposed federal legislation · Counsel to global oil company regarding the implications of California and other states' Low Carbon Fuel Standard (LCFS) · Presenter, industry conference sponsored by Ministére du Développement Économique, de l'lnnovation et de l'Exportation, Québec, Canada, regarding U.S. "Recovery" Funding and Tax Incentives for Clean Energy and Environmental Sectors: Opportunities for Québec Businesses (June 2009) · Chair, Canadian American Business Council (CABC) 2009 Annual General Meeting and Energy & Climate Forum, 19 June 2009 · Advisor, NOC Board of Directors meeting (October 2008) and senior management meeting (February 2009) regarding U.S. energy and climate change policies Energy Transactional and Regulatory Experience · Sale of a major natural gas and electricity trading company to a West Coast utility. · Representing members of the U.S. agricultural sector, through regional farmer cooperatives, in a multibillion-dollar DOE refund proceeding. · Advising an international oil and gas company in oil spill and emergency preparedness. · Representing a European national oil company in negotiations for entire expansion capacity at Cove Point regasification terminal. · Advising on LNG matters for the Governor of Rhode Island. · Assisting with the acquisition of capacity rights at a major U.S. East Coast facility, including contractual, commercial and regulatory due diligence. · Representing the Province of New Brunswick in LNG and other energy matters, including in proceedings before FERC. · Implementing and negotiating a complex inter-shipper agreement involving LNG vessel movements, inventory and hydrogen blending, send-out rules, coordination with facility owner, and all other operational matters. Energy Litigation and Bankruptcy Experience · Restructuring of a leading energy trading company, including a $1 billion trade "book" and power assets. · Representing a futures exchange in a successful lawsuit to protect futures contract against a State refusal to adhere to federal fuel regulations. · Representing Norwegian oil and gas companies in major international antitrust litigation, including a petition for certiorari to the U.S. Supreme Court. · Representing many significant gas, power and financial counterparties involved in Enron, PCA, and other bankruptcies. · Representing national oil company in putative class action alleging that production cuts by "home" country violated U.S. antitrust laws (no liability). · Representing major oil and gas concern in putative class action alleging under payments of royalties (no liability). Professional Honors And Awards · Recipient, 2007 Burton Award for Legal Achievement for "Liquefied Natural Gas (LNG) Litigation After the Energy Policy Act of 2005," Energy Law Journal (November 14, 2006) Professional And Community Involvement · Director, Canadian American Business Council, 2007 to present Recent Publications · Co-author, "'Dodd-Frank' is next storm to weather for energy companies," Houston Business Journal (October 4-8, 2010) · Co-author, "Reviewing LNG Regulations," Pipeline and Gas Technology (November 2007) · Author, "European LNG Developers Face Complex Commercial Landscape," Oil & Gas Journal (April 9, 2007) · Author, "Achieving True Market Value," Fundamentals of LNG (April 2007) · Author, "Liquefied Natural Gas (LNG) Litigation After the Energy Policy Act of 2005: State Powers in LNG Terminal Siting," Energy Law Journal (November 14, 2006) · Author, "U.S. Gas Interchangeability Policy Ripples Through Global LNG Industry," LNG Observer (October-December 2006) · Co-author, "Criteria Regs Reduce NIMBY Safety Fears," Oil & Gas Journal (September 11, 2006) · Co-author, "Formal Agreements Needed for Best Use of Mult-Shipper Terminal," LNG Observer (July 2006) · Co-author, "LNG's Final Hurdle," Public Utilities Fortnightly (March 2006) · Co-author, "LNG: Getting to the Finish Line," Valve Manufacturers Association (Winter 2006) · Co-author, "Sandia LNG Study Changes Landscape for Terminal Siting," LNG Observer (April - June 2005) · Co-author, "Security Lessons From Narragansett," Hazardous Cargo Bulletin (March 2005) · Co-author, "FERC Works Toward LNG Safety for US Ports," LNG Observer (September 20, 2004) · Co-author, "Needed: More Natural Gas," Legal Times (August 16, 2004) · Co-author, "Deadly LNG Incident Holds Key Lessons for Developers, Regulators," Pipeline & Gas Journal (May 2004) · Co-author, "Risk Analysis," Gas Shipping & Storage, Steering Discussion, Hazardous Cargo Bulletin (March 2004) · Master of Ceremonies, 2009 Energy and Climate Change Forum (June 19, 2009) · Chair, Platts 2nd Annual Gas Interchangeability and Quality Forum (November 13-14, 2006) · Speaker, 30th Annual Conference of New England Governors and Eastern Canadian Premiers (May 11-13, 2006) · Panelist, "Impacting Price: Storage, LNG, Henry Hub," Re-Shaping the Gas Storage Market for LNG (February 27, 2006) · Speaker, "Impact on New Regas Infrastructures in US Market: Siting, Permitting and Access," SMI 8th Annual Conference (February 15, 2006) · Speaker, "Access to Regas Facilities in the Atlantic Basin: Regulation, Competition and Commercial Realities," 6th Annual LNG: Economics & Telecommunications (January 30, 2006) Industries Crude Oil and Refined Products Electric Power Liquefied Natural Gas (LNG) Natural Gas News Sutherland Participates in ACC's 2010 Annual Meeting: Four Attorneys Will Present and Firm Will Co-Host Cocktail Reception with ACC's Energy Committee
October 18, 2010 Legal Alerts Legal Alert: Dodd-Frank Act Creates Significant Changes in Bankruptcy Law Affecting Derivatives and Other Trading Counterparties
September 22, 2010 Legal Alert: SEC Warms to Climate Change
March 16, 2010 Legal Alert: EPA Publishes Tailoring Rule Requirements for Greenhouse Gases from Stationary Sources
October 29, 2009 Legal Alert: DOE Creates Financial Institution Partnership Program in Connection with Solicitation for Renewable Energy Loan Guarantee Applications
October 12, 2009 Legal Alert: Treasury Issues Guidance for Renewable Energy Grant Program
July 13, 2009 Legal Alert: House Passes Sweeping Climate Change Legislation - American Clean Energy and Security Act, 219-212
June 26, 2009 Legal Alert: Court Reverses Prior Ruling That Commodity Supply Contract Is Not Swap Agreement Under Bankruptcy Code
February 13, 2009 Legal Alert: BLM Issues Final Rule for Oil Shale Leasing Program
November 20, 2008 Legal Alert: MMS Initiates Leasing Process for Offshore Virginia Sale
November 14, 2008 Legal Alert: Congress Allows Moratorium on Offshore Drilling to Expire
October 1, 2008 Legal Alert: BLM Releases Proposed Rule for Oil Shale Leasing Program
July 28, 2008 Legal Alert: Senator Bingaman Says Section 526 Not Intended to Apply to Oil Sands-Derived Fuels at Sutherland-Sponsored Canadian-American Business Council Event
June 13, 2008 Legal Alert: Court Determines Commodity Supply Contract Is Not Swap Agreement Under Bankruptcy Code
August 14, 2007 Legal Alert: District Court Without Jurisdiction Over Calpine Efforts to Reject Power Contracts
March 23, 2006 Legal Alert: FERC Adopts Enforcement Policy Statement and Proposes Anti-Manipulation Rules and Audit Protections
October 25, 2005 Legal Perspective: Enron Bankruptcy Court Rejects Safe Harbor Defense
September 14, 2005 Legal Alert: Energy Policy Act of 2005: Title III as it relates to LNG
August 18, 2005 Legal Perspective: New Law Affects Energy Trading Contracts' Treatment in Bankruptcy
June 16, 2005 Legal Perspective: Prospects Good for Bankruptcy Reform Bill that Expands Safe Harbor Protections for Forward Contracts, Swap Agreements and Master Netting Agreements
March 23, 2005 Legal Perspective: Senate Passes Bill Allowing Trading Counterparties to Terminate Contracts if a Municipality Files for Bankruptcy
March 14, 2005 Legal Perspective: Bankruptcy Courts Suggest Timing Matters in Terminating Safe Harbor Contracts
March 3, 2005 Legal Perspective: Bankruptcy Court Further Limits Protections to Energy Traders
February 25, 2005 Publications Publications 'Dodd-Frank' is next storm to weather for energy companies
October 4-8, 2010 Reprinted with permission Houston Business Journal European LNG Developers Face Complex Commercial Landscape
April 9, 2007 Reprinted with permission, Oil & Gas Journal Achieving True Market Value
April, 2007 Reprinted with permission, Fundamentals of LNG Liquefied Natural Gas (LNG) Litigation After the Energy Policy Act of 2005
November 14, 2006 Reprinted with permission, Energy Law Journal US Gas Interchangeability Policy Ripples Through Global LNG Industry
October/December 2006 Reprinted with permission LNG Observer Criteria Regs Reduce NIMBY Safety Fears
September 11, 2006 Reprinted with permission, Oil & Gas Journal Formal Agreements Needed for Best Use of Multi-Shipper Terminal
July 2006 Reprinted with permission, LNG Observer Florida's gas composition decision offers preliminary guidelines for US LNG imports
May 2006 Reprinted with permission, LNG Journal LNG's Final Hurdle
March 2006 Reprinted with permission, Public Utilities Fortnightly LNG: Getting to the Finish Line
Winter 2006 Reprinted with permission, Valve Manufacturers Association Sandia LNG Study Changes Landscape for Terminal Siting
April - June 2005 Posted with permission from LNG Observer Security Lessons From Narragansett
March 2005 Posted with permission from Hazardous Cargo Bulletin FERC Works Toward LNG Safety for US Ports
September 20, 2004 Posted with permission from the LNG Observer Needed: More Natural Gas
August 16, 2004 Posted with permission from Legal Times Deadly LNG Incident Holds Key Lessons For Developers, Regulators
May 2004 Posted with permission from Pipeline & Gas Journal Risk Analysis
March 2004 Posted with permission from Gas Shipping & Storage, Steering Discussion, Hazardous Cargo Bulletin
Co-author, "Reviewing LNG Regulations," Pipeline and Gas Technology (November 2007)
Co-author, "Formal Agreements for Best Use of Multi-Shipper Terminals," LNG Observer (July 2006) Events The 2011 Offshore Asia Conference
March 29-31, 2011 ACC's 2010 Annual Meeting: "Be The Solution"
October 24-27, 2010 "Margin of Safety?" The Implications of the Dodd-Frank Credit Requirements for Derivatives on Energy Businesses and Trading
August 18, 2010 2009 Energy and Climate Change Forum
June 19, 2009 Platts 2nd Annual Gas Interchangeability and Quality Forum
November 13-14, 2006 30th Annual Conference of New England Governors and Eastern Canadian Premiers
May 11-13, 2006 Re-Shaping the Gas Storage Market for LNG
February 27, 2006 SMi 8th Annual Conference
February 15, 2006 6th Annual LNG: Economics & Telecommunications
January 30, 2006 Client Groups Electric Power Producers End Users and End User Groups Energy Trading, Marketing & Financial Companies (Also at London, England Office) |