A member of Sutherland’s Energy and Environmental Practice Group, Jake Dweck has diverse experience in energy policy and a legal practice spanning 37 years, including matters involving oil, natural gas and LNG, electric power, climate change, renewable resources, and energy futures and derivatives. In each area, Jake has helped major clients achieve solutions and strategies in all facets of energy-related transactions and commercial matters, regulatory and policy proceedings, and dispute resolution.
Jake presently chairs Sutherland’s Energy Investigations and Enforcement Team, which has extensive experience in conducting internal investigations for boards, audit committees and management, and in representing clients in connection with government investigations and enforcement matters, including proceedings before FERC, CFTC, FTC, EPA, U.S. Customs and Border Protection, and other federal and state agencies.
Jake recently has devoted substantial efforts to assisting energy companies in their implementation to the Dodd-Frank requirements, including customizing trading compliance programs, manuals and other compliance activities. A member of the firm’s Energy Derivatives Group, Jake currently is leading teams in compliance engagements by some of the largest energy companies, including integrated concerns, producers, midstream businesses and others.
From 2000-2007, Jake led Sutherland’s Global LNG Group, which represents clients in transactional, commercial and regulatory areas affecting LNG projects and facilities throughout the world. Representative projects include Shtokman, Snøhvit, Lake Charles, Cove Point, Elba Island, Sabine Pass, Energia Costa Azul, 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 leads the firm’s Energy Customs and Trade Practice, counseling energy companies on import and export issues. Jake’s experience encompasses U.S. export controls on U.S. oil products, trade sanctions and OFAC, anti-boycott regulations, anti-bribery laws (FCPA), and other laws and regulations affecting international transactions.
Jake also maintains an active energy projects and transactions practice, focusing on the intersection of business and government regulation. For example, he recently led a team representing a non-U.S. client in a major transaction subject to CFIUS approval.
Jake chaired the firm’s Climate Change Practice, which focused 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), and other areas affected by federal and state laws to reduce the emissions of greenhouse gases.
Jake previously launched and chaired Sutherland’s Energy Creditors’ Rights Team (1998-2004), which has represented a significant number of companies in bankruptcy and litigation proceedings. These matters included serving as Special Energy Counsel in the PG&E Trading (NEGT) bankruptcy proceeding; serving as individual creditors’ counsel in the bankruptcy proceedings involving Enron (some $1.5 billion in stakes); Power Company of America, Mirant and NRG. More recently, the practice has counseled clients in the Lehman Brothers and SEM Crude bankruptcies.
Jake also formed and led the firm’s Oil Spill and Emergency Response Team (1993-2003), and he remains very active in this area.
Jake’s Litigation and Dispute Resolution practice has included representation of clients like Statoil, Shell Trading and NYMEX in major commercial, regulatory and antitrust disputes.
REPRESENTATIVE EXPERIENCE
Dodd-Frank Compliance (all current)
- Dodd-Frank compliance program for major oil company.
- Compliance programs, including manuals and training, for large midstream company.
- Implementation of Dodd-Frank requirements for large energy company based abroad.
Energy Compliance, Enforcement and Investigations (all recent)
- CFTC investigation into trading practices in the futures market at settlement.
- CFTC investigation into the market impact of algorithmic trading practices.
- CME investigation and enforcement proceeding involving automated trading practices.
- Internal investigation on behalf of the board of directors into certain trading activities of a public company.
- Planned CFIUS process for major energy transaction.
- Investigation by U.S. Customs and Border Protection into imports of natural gas into the U.S. from Canada.
- Export controls and authorizations applicable to crude oil movements to Canada.
- Compliance with country-of-origin rules in export of U.S. cargo to a South American destination.
Energy Transactions
- Refining joint venture between NOC and a U.S.-based refiner, including CFIUS.
- Bid by an international energy company for U.S. refineries.
- Sale of a major natural gas and electricity trading company to a West Coast utility.
- Structuring a project for the sale of fuels to the U.S. Government to ensure compliance with the rules of the Small Business Administration.
- 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 the 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 Customs and Trade Experience (all recent)
- Investigation by U.S. Customs and Border Protection into imports of natural gas into the U.S. from Canada.
- Export controls and authorizations applicable to crude oil movements to Canada.
- Compliance with country-of-origin rules in export of U.S. cargo to a South American destination.
- Guidance regarding certificate of origin issues for crude oil, natural gas, and refined products.
- Jones Act waiver proceedings for movement of gas line.
- Jones Act advice regarding movements of crude oil from Gulf to West coasts.
Energy Litigation and Bankruptcy Experience
- Restructuring the sale 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 a 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 a national oil company in putative class action alleging that production cuts by the “home” country violated U.S. antitrust laws.
- Representing a major oil and gas concern in a putative class action alleging underpayments of royalties.
Environmental and Climate Change
- Representing a foreign producer of renewable fuel in an EPA permit proceeding.
- Representing NOC, a major oil importer to North America, for more than two decades on all aspects of emergency response and spill liabilities.
- Advising energy trading companies regarding the market impact of emissions regulations, litigation and legislation.
- Assisting a U.S.-based energy company in developing a comprehensive strategic plan for addressing climate change regulation scenarios.
- Serving as counsel in a proposed transaction for a timber concern to develop and sell U.S.-based forestry carbon offset credits to a utility pursuant to CAR protocol.
- Serving as counsel in a transaction advising on whether injection technology qualifies for early reduction or offset credits under the Western Climate Initiative (WCI) and proposed federal legislation.
- Serving as counsel to a global oil company regarding the implications of California and other states’ Low Carbon Fuel Standard (LCFS).
- Serving as an Adviser for the NOC Board of Directors meeting (October 2008) and senior management meeting (February 2009) regarding U.S. energy and climate change policies.
PROFESSIONAL POSITIONS AND HONORS
- Director, Canadian American Business Council (2007-present)
PUBLICATIONS
- Co-author, “‘Dodd-Frank’ is next storm to weather for energy companies,” Houston Business Journal (October 4-8, 2010)
- Co-author, “Reviewing LNG Regulations,” Pipeline and Gas Technology (November 2007)
- 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)
- Co-author, “Criteria Regs Reduce NIMBY Safety Fears,” Oil & Gas Journal (September 11, 2006)
- Co-author, “Formal Agreements Needed for Best Use of Multi-Shipper Terminal,” LNG Observer (July 2006)
- Co-author, “Florida’s gas composition decision offers preliminary guidelines for US LNG imports,” LNG Journal (May 2006)
SPEAKING ENGAGEMENTS
- Speaker, “U.S. Crude Oil Export Controls Law, Policy and the Prospects for Change,” Sutherland “Hot Topics” Breakfast Discussion (April 30, 2013)
- Speaker, “U.S. Controls on the Export of Crude Oil and the Prospects for Greater Flexibility,” Argus Americas Crude Summit (January 23-25, 2013)
- Master of Ceremonies, 2009 Energy and Climate Change Forum (June 19, 2009)
- 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 (June 19, 2009)
- Chair, Platts 2nd Annual Gas Interchangeability and Quality Forum (November 13-14, 2006)
- Speaker, 30th Annual Conference of New England Governors and Eastern Canadian Premiers (May 11-13, 2006)
- Panelist, “Impacting Price: Storage, LNG, Henry Hub,” Re-Shaping the Gas Storage Market for LNG (February 27, 2006)
- Speaker, “Impact on New Regas Infrastructures in US Market: Siting, Permitting and Access,” SMI 8th Annual Conference (February 15, 2006)
- Speaker, “Access to Regas Facilities in the Atlantic Basin: Regulation, Competition and Commercial Realities,” 6th Annual LNG: Economics & Telecommunications (January 30, 2006)
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