Kenneth W. Irvin
KEN IRVIN, a co-leader of Sidley’s global Energy practice, has a wide-ranging energy and commodities practice, representing clients on federal and state commodity and energy, electricity, natural gas, oil, alternative energy and emissions matters. He provides counsel and advice 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. Ken helps to ensure client compliance with Federal Energy Regulatory Commission (FERC) and Commodity Futures Trading Commission (CFTC) requirements, and works closely with those handling compliance with the Financial Conduct Authority (UK) requirements.
Ken’s recent experience includes:
- Represent energy and commodities trading firms on structured transaction and hedges.
- Representing clients before FERC and other agencies on enforcement and investigatory matters.
- Representing the Mexican Federal Electricity Commission (CFE) in connection with seeking the development of new natural gas pipelines from Texas to the border, and in connection with acquiring natural gas and transportation services to serve CFE’s needs.
- Representing a wholesale supplier in structuring exclusive commodity supply contracts for retail energy providers.
- Handling 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.
- 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.
- Representing clients before FERC on regulatory matters and rulemakings.
- Helping clients with 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 also extends to handling enforcement cases and anti-manipulation issues under FERC regulation, and 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.
Frequently recognized as one of the leading lawyers in his field, Ken has been included since 2012 in Chambers USA, recognized by The Legal 500 US for his Energy Regulatory practice (2010–2016), and commended by Best Lawyers in the areas of Bankruptcy and Creditor-Debtor Rights, Insolvency and Reorganization and Bankruptcy Litigation (2013–2017). Ken was recently selected by The National Law Journal for inclusion in the annual list of Energy & Environmental Trailblazers. The recognition honors individuals who have “moved the needle” and made an impact at the “crucial intersection of energy production and the environment.”
Ken recently spoke at the Platts 9th Annual Nodal Trader Conference (New York, NY, October 27-28, 2016) and the Platts 20th Annual Mexican Energy Conference (Mexico City, Mexico, November 14-15, 2016). He presented on “Blurring the line between FERC and States: Trio of Supreme Court Cases Could Electrify US Energy Markets,” at the WSPP Spring Conference (Alberta, Canada, March 4, 2016). He also spoke at Buying and Selling Electricity in the West in January 2016, and at the Platts Nodal Trader conference in October 2015. Ken chaired the ERCOT Market Summit Conference in February 2014, chaired the Energy Bar Association’s Finance & Transactions Committee for 2013–2014 and served 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.
Follow Ken on Twitter at https://twitter.com/irvin_ken.
- Co-author, “States Fighting Feds In Turf War Over Energy Regulation,” Forbes (May 10, 2016)
- Co-author, “What's Next After the Aspire Commodities Ruling?” The National Law Journal (May 2, 2016)
- Moderator, “Enforcement in the Energy Industry,” 2017 WSPP Joint Executive and Operating Committee Meeting (Cedar Creek, Texas, April 19, 2017)
- Speaker, “Jurisdiction: New Electric Markets and the State/Federal Divide,” Buying & Selling Electric Power in the West (Seattle, Washington, January 23, 2017)
- Speaker, Platts 20th Annual Mexican Energy Conference (Mexico City, Mexico, November 14-15, 2016)
- Speaker, Platts 9th Annual Nodal Trader Conference (New York, NY, October 2016)
- Moderator, “Capacity Market Performance in the Northeast,” Platts 11th Annual Northeast Power and Gas Markets Conference (New York, NY, May 24, 2016)
- Speaker, “Blurring the line between FERC and States: Trio of Supreme Court Cases Could Electrify US Energy Markets,” WSPP Conference (Alberta, Canada, March 4, 2016)
- Speaker, Buying and Selling Electric Power Conference (Seattle, Washington, January 25–26, 2016)
- Keynote Speaker, “Weighing in on the Manipulation Debate,” 8th Annual Nodal Trader (New York, October 22–23, 2015)
- Panelist, “Gaming Energy Markets,” EBA 2nd Annual Canadian Forum (Calgary, Canada October 9, 2015)
- Facilitator, “FERC's and the CFTC's Fraud-Based Anti-Manipulation Authority,” Sidley Austin LLP Discussion (July 15, 2015)
- Facilitator, “FERC's and the CFTC's Fraud-Based Anti-Manipulation Authority,” Sidley Austin LLP Discussion (Houston, Texas, June 25, 2015)