Eversheds Sutherland (US) LLP

  • Established in 1924
  • Firm Size 501
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Attorney Awards
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Electric and Gas Utilities

Eversheds Sutherland represents a broad range of electric and gas utilities, including investor-owned utilities, transmission-only companies, electric cooperatives, public power agencies and private equity controlled entities. Our attorneys understand the utility business and the environments in which they operate.

Our practice is national in scope and we represent utilities and transmission developers before the Federal Energy Regulatory Commission (FERC), the North American Electric Reliability Corporation (NERC), the US Commodity Futures Trading Commission (CFTC), the Environmental Protection Agency, the Department of Justice (DOJ), the Department of Energy (DOE), the Internal Revenue Service (IRS), the Treasury Department, the US Securities and Exchange Commission (SEC), various state public utility commissions, tax agencies, and federal and state administrative, trial and appellate courts. We regularly advise our electric and gas utility clients on strategic level transactions, debt and equity offerings, complex tax planning, project development, power supply arrangements, and regulatory and enforcement matters. We are recognized as thought leaders in the industry by legal ranking publications:

  • “Go-to attorneys on regulatory, litigation and transactional matters in the electric energy space.” – Chambers USA 2017
  • “Extensive reputation for its experience across all aspects of the electricity market.” – Chambers USA 2017
  • “Dedicated to advising electric power companies, financial institutions and energy commodity trading companies on regulatory aspects of financial trading and M&A transactions” as well as “rate restructuring, FERC approvals, enforcement, compliance and contentious matters.” – Legal 500 United States 2017
  • “Regularly acts for a broad range of clients, advising on areas such as internal compliance policies, certification and enforcement proceedings, rate restructurings and complaint proceedings.” – Chambers USA 2017
  • “Adeptly represents well-known clients in areas such as gas and power trading and project development.” – Chambers USA 2017
  • Why Eversheds Sutherland
  • Federal and State Regulatory Experience: Our attorneys regularly represent clients in a full range of federal and state regulatory matters and in appellate reviews of agency actions. Our ability to represent electric utilities in related FERC and state proceedings provides an efficient, seamless representation.
  • FERC and DOE
  • State Regulatory: Our attorneys have represented clients before numerous state regulatory commissions including Alaska, Arizona, Colorado, Florida, Iowa, Minnesota, Missouri, Nevada, New Mexico, Texas and Wisconsin.
  • Mergers and Acquisitions: We have extensive experience advising electric and gas utility clients in the acquisition and disposition of assets. Our experience includes advising on asset purchase and sale agreements, complex co-ownership arrangements, asset management agreements and other structuring arrangements. Highlights of our experience include representing: an energy holding company in its acquisition of a natural gas distribution company; a public utility in the sale of its regulated electric utility operations and simultaneous split-off of the company's unregulated operations; and a public utility holding company in its sale to one of the nation’s largest investor-owned energy companies.
  • Federal and State Investigations, Enforcement and Compliance: Eversheds Sutherland represents clients in responding to and defending matters before FERC, NERC, CFTC, DOJ, EPA and different state agencies with jurisdiction over electric utility operations.
  • Federal and State Tax Experience: We regularly represent utilities, developers and other investors on the implications or treatment of tax in rate cases. We also advise on IRS and state controversy matters involving utility-specific and other issues at exam, appeals and litigation phases; obtaining informal and formal guidance from the IRS and state tax agencies; and in acquisitions, mergers, dispositions and other transactions, including renewable energy tax equity transactions.
  • Other areas of experience relevant to electric utilities
  • EPA Experience: Environmental Matters – Our attorneys advise on federal and state environmental requirements for utility infrastructure development, including the National Environmental Policy Act (NEPA), Clean Water Act, National Historic Preservation Act, Endangered Species Act and state analogs.
  • CFTC Experience: Commodities Regulatory Matters – Our attorneys advise electric utilities and their affiliates on federal commodities regulation with respect to regulatory policy, compliance and enforcement matters involving the financial trading of energy and energy related commodities. Our attorneys are nationally recognized as leading the representation of the energy sector before the CFTC with respect to the implementation of the derivatives reform provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act, and new regulatory agenda items focused on the restructuring and regulation of financial, energy commodity markets as electronic, automated trading becomes the dominant method of transacting business. Our attorneys routinely represent clients in matters involving regulatory, market surveillance and enforcement staff at all US regulated futures exchanges and swap execution facilities. They also advise participants in the electric industry and advise on a variety of derivative transactional matters, as well as on regulatory issues involving the provision of commodity trading advice, and the establishment of managed funds, commodity pools and other structured trading opportunities utilized by members of the electric sector.
  • FCC Experience: Our attorneys advise on pole attachment and license transfer requirements.

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Peer Reviews

4.9/5.0 (113 reviews)
  • Legal Knowledge

    4.9/5.0
  • Analytical Capability

    4.9/5.0
  • Judgment

    4.9/5.0
  • Communication

    4.9/5.0
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    4.9/5.0
  • 5.0/5.0 Review for Ruth Schoenmeyer by a Staff Lawyer on 05/02/16 in Real Estate

    Ruth is one of the most gifted and intelligent lawyers with whom I have ever worked. She analyzes problems and issues from a variety of angles, and seems to truly enjoy attacking issues on behalf of her clients using the best possible strategy deriv... Read more

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  • 5.0/5.0 Review for Timothy McCaffrey by a Member on 03/23/14 in Litigation

    Tim is an exceptional attorney. In all the work I have done with him, he has impressed me with his quick and thorough understanding of the issues, his impressive analysis, and his business judgment.

Peer reviews submitted prior to 2008 are not displayed.

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Diversity

§  “Diversity at Sutherland Asbill & Brennan LLP” to “Diversity at Eversheds Sutherland (US) LLP”

§  “Diversity” section:

o   The firm’s emphasis on diversity is reflected in numerous ways throughout the firm, such as the manner in which we recruit lawyers and other employees, our work-life policies and our professional service efforts. We have been recognized for our achievements in diversity.  More importantly, we understand the significant role a diverse community plays in the firm's growth and development.

§  “Our Awards and Recognitions” section:

o   Eversheds Sutherland (US) LLP continues to be recognized for its efforts to promote diversity in the workplace and in the legal profession. In 2016 we were named a “Best Place to Work for LGBT Equality,” having earned a perfect 100 score on the Human Rights Campaign’s Corporate Equality Index, and we also were ranked a Top 100 Firm for Minority Attorneys by Law360. In addition, the firm was awarded the Gold Standard Certification for the fifth consecutive year by the Women in Law Empowerment Forum.

§  “Our Commitment” section:

o   Eversheds Sutherland (US) LLP is committed to promoting diversity within the firm and in the legal profession.  We believe that diverse skills, knowledge and viewpoints make us a stronger, more productive law firm.  We hire and promote qualified lawyers and other professionals regardless of race, color, national origin, religion, disability, gender, gender identity or sexual orientation.  We understand that diversity enhances our value to clients by allowing us to staff our client teams with professionals who possess broad experiences and a spectrum of perspectives.

o   Eversheds Sutherland (US) LLP has a cross-office Diversity Committee with responsibility for supporting and enhancing our firm culture.  Our committee has helped coordinate and lead a number of efforts to advance diversity within our firm and the community. Affinity groups at the firm serve as support networks for attorneys of color; women lawyers; and gay, lesbian, bisexual and transgender attorneys.

o   We are committed to working with our clients as they pursue the common goal of a professional workplace where opportunity is available to all.

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