Kenneth W. Irvin

Partner
Washington,  DC  U.S.A.
Phone202 862 2315

Peer Rating
 5.0/5.0
AV® Preeminent

Client Rating

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Experience & Credentials Ratings & Reviews
 

Practice Areas

  • Distressed Energy
  • Energy & Commodities
  • Energy & Commodities Transactions
  • Energy & Commodities Investigations
  • Energy & Commodities Regulation & Compliance
 
Contact InfoTelephone: 202 862 2315
Fax: 202 862 2400
http://www.cadwalader.com/professionals/kenneth-irvin
 
University Clarkson University, B.S.E.E., 1987
 
Law SchoolSyracuse University College of Law, J.D., magna cum laude, 1992
 
Admitted1993, District of Columbia and New York; U.S. Court of Appeals, District of Columbia Circuit; U.S. Court of Federal Claims; U.S. Supreme Court; U.S. Court of Appeals, 3rd Circuit; U.S. Court of Appeals, 4th Circuit; U.S. Court of Appeals, 5th Circuit; U.S. Court of Appeals, 9th Circuit; U.S. Court of Appeals, 11th Circuit
 
Biography

Kenneth W. Irvin represents clients on federal and state commodity and energy, electricity, natural gas, oil, alternative energy and emissions matters. His counsel includes advising on hedging and credit risks, contract structures and disputes, arbitrations, bankruptcy, non-performing assets, and regulatory issues involving energy and commodities trading, market regulation and structured transactions.

In recent years, Ken has led teams in high-profile acquisitions of wholesale natural gas and wholesale power trading portfolios as well as in connection with structuring wholesale supply arrangements for retail energy service companies, establishing commodity inventory facilities for gas, crude and refined products, and acquiring a tolling agreement. He also has prosecuted 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, in cases of financial distress, advises officers and directors on fiduciary responsibilities to creditors and shareholders.

Ken's experience extends to 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; and representing shippers in rate cases under the Natural Gas Act.

As the firm's lead energy regulation attorney, he ensures client compliance with FERC and CFTC requirements, and works closely with those handling compliance with FSA requirements.

A frequent author on energy-related topics in leading publications, Ken has been recognized by Chambers USA as one of the leading lawyers in his field. He was recently selected for inclusion in The Best Lawyers in America 2013 in the areas of Bankruptcy and Creditor-Debtor Rights, Insolvency and Reorganization, and Bankruptcy Litigation. Ken chaired the ERCOT Market Summit Conference in February 2014, chaired the Energy Bar Association's Finance & Transactions Committee for 2013-2014 and currently serves as Director for the Foundation of the Energy Law Journal (2013-2016). In 2011, Ken was a co-chair of the 4th Power & Alternative Energy Conference, sponsored by The Center for American and International Law, a conference he also co-chaired in 2010. He was a speaker at the 2nd Power & Alternative Energy Conference, Houston, TX, in April 2009.

Ken received his B.S.E.E. from Clarkson University, and his J.D., magna cum laude, from Syracuse University School of Law. He is a member of the District of Columbia and New York bars, and is admitted to practice before the U.S. 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).

News & Resources

NEWS

News Releases

•Cadwalader Recognized Among Leading Firms in The Legal 500 US 2014
Jun 27, 2014

•Super Lawyers Recognizes Cadwalader's Washington, D.C. Attorneys
Apr 25, 2014

•Cadwalader Recognized for Excellence at 2013 Commodity Business Awards
Nov 21, 2013

•Cadwalader Recognized in 2013 Edition of The Legal 500 US
Oct 25, 2013

•2014 Edition of The Best Lawyers in America Recognizes 44 Cadwalader Attorneys Across a Range of Practices
Oct 22, 2013

•Washington, D.C., Super Lawyers Recognizes 15 Cadwalader Attorneys
May 01, 2013

•2013 Edition of The Best Lawyers In America Recognizes 45 Cadwalader Attorneys in Multiple Areas of Practice
Oct 06, 2012

•2012 Edition of The Best Lawyers In America Recognizes 45 Cadwalader Attorneys in 30 Areas of Practice
Sep 06, 2011

•Super Lawyers Taps Cadwalader DC Attorneys as Outstanding in Their Fields
May 20, 2011

•Cadwalader Expands D.C. Office With Launch of Energy and Commodities Advisory Practice
Jan 20, 2011

Recognition

•Cadwalader Recognized Among Leading Firms in The Legal 500 US 2014
Jun 27, 2014

•Chambers and Partners USA 2014
May 23, 2014

•Super Lawyers Recognizes Cadwalader's Washington, D.C. Attorneys
Apr 25, 2014

•Cadwalader Recognized for Excellence at 2013 Commodity Business Awards
Nov 21, 2013

•Cadwalader Recognized in 2013 Edition of The Legal 500 US
Oct 25, 2013

•2014 Edition of The Best Lawyers in America Recognizes 44 Cadwalader Attorneys Across a Range of Practices
Oct 22, 2013

•Chambers and Partners USA 2013
May 24, 2013

•Super Lawyers Recognizes 15 Cadwalader Attorneys in Washington, D.C.
May 01, 2013

•Super Lawyers 2012
Oct 15, 2012

•The Best Lawyers In America 2013
Oct 06, 2012

•Chambers and Partners USA 2012
Jun 07, 2012

RESOURCES

Clients Friends Memos

•More FERC Federalism: D.C. Circuit Affirms FERC's Jurisdiction Again - New England Power Generators Ass'n v. FERC
Jul 14, 2014

•FERC Versus State Authorities: Supreme Court Agrees to Review ONEOK v. Learjet
Jul 08, 2014

•Update Regarding D.C. Circuit's Demand Response Ruling
Jun 16, 2014

•EPA Proposes First Carbon Emissions Limits for Power Plants
Jun 04, 2014

•D.C. Circuit Vacates FERC's Wholesale Demand Response Compensation Rule Because It Goes Too Far
Jun 02, 2014

•FERC Orders Evidentiary Hearing for Alleged Market Manipulation by BP
May 19, 2014

•Significant Upwind Impact: The Supreme Court Upholds Cross-State Air Pollution Rule
May 09, 2014

•New Jersey Appeals Court Interprets Force Majeure Clause in NAESB
May 07, 2014

•FERC Enforcement Director Calls for Legislative Fix to Address Hunter Decision
Jan 24, 2014

•FERC and CFTC Reach Agreement on Information Sharing and Jurisdiction
Jan 07, 2014

•2013 FERC Report Confirms Increased Enforcement Activity
Dec 09, 2013

•FERC Grants CAISO Declaratory Order Request and Accepts Reliability Must-Run Agreement
Jan 10, 2013

•First Ever Admission of Violation in FERC Manipulation Action
Nov 20, 2012

•EPA Petitions DC Circuit for Rehearing of EME Homer City Generation, L.P. Decision
Oct 15, 2012

•Fifth Circuit Finds that an Electricity Requirements Contract Is a Forward Contract Exempt from Bankruptcy Code's Avoidance Powers
Oct 11, 2012

•The DC Circuit Court Vacates Cross-State Air Pollution Rule
Aug 21, 2012

•U.S. District Court Denies Dismissal of Constitutional Challenge to Maryland Public Service Commission Orders
Aug 09, 2012

•FERC Staff Seeks Comments on Its Proposal for a Process to Advise the EPA
Feb 03, 2012

•Montana Consumer Counsel v. Federal Energy Regulatory Commission
Oct 25, 2011

•American Electric Power Co. v. Connecticut: The Supreme Court Bars Tort Lawsuits Challenging Greenhouse Gas Emissions
Jul 14, 2011

•FERC Orders Trader to Pay $30 Million for Market Manipulation
Apr 22, 2011

Articles

•The Latest On Natural Gas Force Majeure Provisions
May 20, 2014

Events

•ERCOT Market Summit 2014
Feb 24, 2014

•2013 Energy & Commodities Conference
Oct 10, 2013

•Energy Markets: The Road Ahead for 2013
Feb 07, 2013

•Current Issues in Natural Gas Generation
Sep 27, 2012

•Implications of D.C. Circuit Court Decision
Sep 04, 2012

•Distressed Energy Investments
Jun 14, 2012

 
ISLN900718784
 

Documents by this lawyer on Martindale.com

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More FERC Federalism: D.C. Circuit Affirms FERC’s Jurisdiction Again - New England Power Generators Ass’n v. FERC
Kenneth W. Irvin,Gregory K. Lawrence,Natalie Mitchell,Katrina Olsen, July 22, 2014
On July 8, 2014, the United States Court of Appeals for the District of Columbia Circuit denied the petition for review filed by New England Power Generators Association, Inc. and other market participants’ over four Federal Energy Regulatory Commission orders related to the Independent...

FERC Versus State Authorities: Supreme Court Agrees to Review ONEOK v. Learjet
Terence T. Healey,Kenneth W. Irvin,Natalie Mitchell,Christopher J. Polito, July 15, 2014
On July 1, 2014, the U.S. Supreme Court granted a petition to hear an appeal by several companies contending that antitrust claims filed against them under state law over alleged manipulation of gas prices during the western energy crisis from 2000 to 2002 were precluded by the Natural Gas Act...

Update Regarding D.C. Circuit’s Demand Response Ruling
Sohair A. Aguirre,Kenneth W. Irvin,Gregory K. Lawrence,Natalie Mitchell, June 18, 2014
Since our last post regarding the D.C. Circuit’s demand response ruling, several notable developments have occurred in both the Electric Power Supply Ass’n v. FERC proceeding itself, and in other, related proceedings.



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Office Information

Kenneth W. Irvin

700 Sixth Street, N.W.
WashingtonDC 20001




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