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In energy-related litigation, Dickstein Shapiro’s experience is unmatched. The Federal Energy Regulatory Commission (FERC) and state commissions increasingly rely on administrative litigation and evidentiary hearings to resolve a broad spectrum of energy industry issues ranging from traditional rate cases to proposed market design changes to allegations of non-compliance with market rules. The firm has represented and currently represents parties to every kind of energy-related litigation, including related settlement negotiations; at FERC, including hearings over rates for reliability must-run (RMR) units in New England and PJM; hearings on proposals for new capacity market designs in New England and PJM; hearings arising out of the 2000-2001 California energy crisis; and a hearing on the implementation of allocation of facility costs for new generator connections in New York. The firm also has represented clients in energy-related litigation before numerous state agencies, including matters in Arizona, Arkansas, Connecticut, Louisiana, Oklahoma, and Rhode Island. In addition to complex regulatory litigation before agencies and in trial and appellate courts, the firm represents clients in antitrust actions, bankruptcy proceedings, class action suits, construction litigation and arbitration, contract disputes, environmental matters, insurance coverage, securities claims, stockholder litigation, and takings claims.

A number of attorneys in the Energy Practice devote an extensive amount of time to energy-related litigation. In addition, Dickstein Shapiro brings to bear the general and specific experience of attorneys in the Antitrust & Financial Services, Complex Dispute Resolution, and State Attorneys General Practices. For example, the firm represents clients in connection with investigations by federal and state prosecutors, the Commodity Futures Trading Commission (CFTC), FERC, the U.S. Securities and Exchange Commission (SEC), and state regulatory bodies. Dickstein Shapiro has several former Assistant U.S. Attorneys, SEC enforcement attorneys, and military JAGs working on energy litigation matters, and is able to combine in-depth knowledge of the energy business with years of experience in representing clients in government investigations, grand jury investigations, and congressional inquiries, as well as in judicial and administrative litigation. The firm also brings years of experience to the representation of clients in private securities and other lawsuits that have resulted from government investigations. In addition, Dickstein Shapiro combines the experience of its Insurance Coverage and Government Contracts Practices with its Energy Practice to assist clients with claims for coverage in environmental and other liabilities and takings claims against government entities.