A member of Sutherland’s Energy and Environmental Practice Group, Jake Dweck has a diverse energy policy and legal practice spanning nearly 35 years in oil, natural gas and LNG, electric power, climate change, renewable resources, and energy futures and derivatives. In each area, Jake helps clients achieve solutions and strategies in all facets of energy-related transactions and commercial matters, regulatory and policy proceedings, and dispute resolution. Jake was recently recognized by Public Utilities Fortnightly for his work serving clients in the LNG industry by being named as a “Groundbreaking Lawyer” in their November 2009 issue.
Jake presently chairs Sutherland’s firm-wide Climate Change Practice, focusing on counseling clients regarding U.S. government funding for clean energy projects and technology, carbon markets and offset transactions, fuels regulation, emissions trading (cap-and-trade), the potential impact on industrials and the oil and gas sector, and similar areas affected by federal and state laws to reduce the emissions of greenhouse gases.
From 2000 through 2007, Jake chaired Sutherland’s Global LNG Group, representing clients in transactional, commercial and regulatory areas affecting LNG projects and facilities throughout the world. Representative projects include Shtokman, Snøhvit, Brass River, Lake Charles, Cove Point, Elba Island, Sabine Pass, Energia Costa Azul, the Gate Terminal and others, as well as proposed projects and issues involving facilities on the U.S. East, Gulf and West Coasts, Europe, the Bahamas, Mexico, and South Korea.
Jake previously launched and chaired Sutherland’s Energy Creditor’s Rights Team (1998–2004), which has represented a significant number of companies in bankruptcy and litigation proceedings, including as Special Energy Counsel in the PG&E Trading (renamed NEGT) bankruptcy proceeding, as well as individual creditors’ counsel in the bankruptcy proceedings involving Enron (some $1.5 billion in stakes), Power Company of America, Mirant and NRG, and, more recently, counsels creditor clients in the Lehman Brothers and SEM Crude bankruptcies.
Jake also led the Energy and Environmental Group’s Oil Spill and Emergency Response Team (1993–2003) and its Customs and Trade Team geared to energy companies (1993–2001).
Jake’s Litigation and Dispute Resolution practice includes representation of clients like Statoil, Shell Trading and a futures exchange in major commercial, regulatory and antitrust disputes. In 2009, for example, Sutherland successfully defended a major class action challenging on antitrust grounds a foreign government’s decision to cut oil production and a class action alleging fraudulent under-payments of oil and gas royalties.
Jake has represented major concerns in nearly every segment of the energy industry, including IOCs, NOCs, power generators, oil, gas and electricity traders, investment bankers, state and foreign governments, LNG concerns, utilities, pipeline companies, refiners, terminal operators, project developers, and other commercial stakeholders. His practice has involved significant matters before U.S. Congress and the courts, as well as the U.S. Department of Energy (DOE), Federal Energy Regulatory Commission (FERC), Environmental Protection Agency (EPA), Minerals Management Service (MMS), U.S. Coast Guard, U.S. Customs Service and other federal and state agencies.
In addition to private concerns, Jake has represented state, provincial and local governments in energy matters, including the State of Road Island and the Province of New Brunswick. Earlier in his career, he has represented U.S. farmers, acting through their regional farmer cooperatives, in a multibillion-dollar refund proceeding.
REPRESENTATIVE EXPERIENCE
Climate Change
- Assisting U.S.-based energy company in developing a comprehensive strategic plan for addressing climate change regulation scenarios
- Counsel in proposed transaction for timber concern to develop and sell U.S.-based forestry carbon offset credits to utility pursuant to CAR protocol (ongoing)
- Counsel in transaction advising whether injection technology qualifies for early reduction or offset credits under Western Climate Initiative (WCI) and proposed federal legislation
- Counsel to global oil company regarding the implications of California and other states’ Low Carbon Fuel Standard (LCFS)
- Presenter, industry conference sponsored by Ministère du Développement Économique, de l’lnnovation et de l’Exportation, Québec, Canada, regarding U.S. “Recovery” Funding and Tax Incentives for Clean Energy and Environmental Sectors: Opportunities for Québec Businesses (June 2009)
- Chair, Canadian American Business Council (CABC) 2009 Annual General Meeting and Energy & Climate Forum, 19 June 2009
- Advisor, NOC Board of Directors meeting (October 2008) and senior management meeting (February 2009) regarding U.S. energy and climate change policies
- Contributor, Offshore Energy Law Blog, (www.offshoreenergylawblog.com), a leading industry source focusing on issues at the intersection of offshore energy and federal policy, regulation, and politics (ongoing)
Energy Transactional and Regulatory Experience
- Sale of a major natural gas and electricity trading company to a West Coast utility.
- Representing members of the U.S. agricultural sector, through regional farmer cooperatives, in a multibillion-dollar DOE refund proceeding.
- Advising an international oil and gas company in oil spill and emergency preparedness.
- Representing a European national oil company in negotiations for entire expansion capacity at Cove Point regasification terminal.
- Advising on LNG matters for the Governor of Rhode Island.
- Assisting with the acquisition of capacity rights at a major U.S. East Coast facility, including contractual, commercial and regulatory due diligence.
- Representing the Province of New Brunswick in LNG and other energy matters, including in proceedings before FERC.
- Implementing and negotiating a complex inter-shipper agreement involving LNG vessel movements, inventory and hydrogen blending, send-out rules, coordination with facility owner, and all other operational matters.
Energy Litigation and Bankruptcy Experience
- Restructuring of a leading energy trading company, including a $1 billion trade “book” and power assets.
- Representing a futures exchange in a successful lawsuit to protect futures contract against a State refusal to adhere to federal fuel regulations.
- Representing Norwegian oil and gas companies in major international antitrust litigation, including a petition for certiorari to the U.S. Supreme Court.
- Representing many significant gas, power and financial counterparties involved in Enron, PCA, and other bankruptcies.
- Representing national oil company in putative class action alleging that production cuts by “home” country violated U.S. antitrust laws (no liability).
- Representing major oil and gas concern in putative class action alleging under payments of royalties (no liability).
PROFESSIONAL HONORS AND AWARDS
- Recipient, 2007 Burton Award for Legal Achievement for “Liquefied Natural Gas (LNG) Litigation After the Energy Policy Act of 2005,” Energy Law Journal (November 14, 2006)
PROFESSIONAL AND COMMUNITY INVOLVEMENT
- Director, Canadian American Business Council, 2007 to present
RECENT PUBLICATIONS
- Author, “European LNG Developers Face Complex Commercial Landscape,” Oil & Gas Journal (April 9, 2007)
- Author, “Achieving True Market Value,” Fundamentals of LNG (April 2007)
- Author, “Liquefied Natural Gas (LNG) Litigation After the Energy Policy Act of 2005: State Powers in LNG Terminal Siting,” Energy Law Journal (November 14, 2006)
- Author, “U.S. Gas Interchangeability Policy Ripples Through Global LNG Industry,” LNG Observer (October–December 2006)
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