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

News Releases

Cadwalader Attorneys, Practices Recognized in 2015 Edition of The Best Lawyers in America

Aug 18, 2014

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 Attorneys, Practices Recognized in 2015 Edition of The Best Lawyers in America

Aug 18, 2014

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

On to the Supreme Court? The D.C. Circuit Denies FERC's Request for Rehearing En Banc of its Decision to Vacate FERC's Demand Response Rule

Sep 29, 2014

Clear Rift Highlighted by Commissioners' Lack of Action on New England's Most Recent Forward Capacity Auction Results

Sep 24, 2014

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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Clear Rift Highlighted by Commissioners’ Lack of Action on New England’s Most Recent Forward Capacity Auction Results
Terence T. Healey,Kenneth W. Irvin,Gregory K. Lawrence,Thomas Reid Millar, October 22, 2014
On September 16, 2014, the Federal Energy Regulatory Commission’s four Commissioners issued statements explaining a 2-2 deadlock between Chairman LaFleur and Commissioner Moeller on the one hand and Commissioner Clark and new Commissioner Bay on the other, over whether to accept rates...

On to the Supreme Court? The D.C. Circuit Denies FERC’s Request for Rehearing En Banc of its Decision to Vacate FERC’s Demand Response Rule
Terence T. Healey,Kenneth W. Irvin,Gregory K. Lawrence,Thomas Millar, October 6, 2014
On September 17, 2014, the United States Court of Appeals for the District of Columbia Circuit denied the Federal Energy Regulatory Commission’s request for rehearing en banc of the D.C. Circuit’s decision to vacate FERC’s wholesale demand response compensation rule. The D.C....

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...



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Office Information

Kenneth W. Irvin

700 Sixth Street, N.W.
WashingtonDC 20001




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