REPRESENTATIVE EXPERIENCE
Michael’s recent representative experience includes:
- Representing energy companies before the CFTC and the Department of the Treasury in rulemaking proceedings promulgated by Title VII of Dodd-Frank.
- Representing a large agriculture trade association before the CFTC on various matters pertaining to the implementation of Title VII of Dodd-Frank.
- Advising energy and multi-commodity clients on implementation and compliance matters relating to Title VII of Dodd-Frank.
- Advising clients on CFTC regulation of energy commodities and derivatives in physical, futures and swap markets.
- Advising clients on CFTC regulation of intermediaries, including futures commission merchants, introducing brokers and commodity trading advisors.
- Representing clients in various special call inquiries and enforcement actions brought by the CFTC.
- Representing clients in exchange-based inquiries and enforcement actions brought directly by designated contract markets (futures) and exempt commercial markets (swaps) relating to wash trading allegations, position limits violations and disruptive trading practices.
- Advising clients on swap documentation issues, including ISDA Dodd-Frank protocols and IECA counterparts, cleared swap agreements and execution agreements.
- Advising clients on all aspects of FERC regulation under the Federal Power Act, the Natural Gas Act and the Energy Policy Act of 2005.
- Representing clients in operational compliance audits and investigations brought by FERC’s Office of Enforcement.
- Structuring energy trading operations and developing a comprehensive risk management oversight and FERC/CFTC compliance program for a multinational power developer
- Advising clients on FERC regulatory issues relating to mergers, acquisitions and corporate reorganizations, including the creation and divestiture of independent transmission companies, sales of nuclear generating facilities and energy marketers, and creation of generation-only subsidiaries.
- Advising an affiliated power developer on FERC and CFTC regulatory matters in the formation of an energy marketing joint venture with an oil and gas producer.
- Advising on FERC and CFTC regulatory matters in the negotiation of a multiyear OTC swap agreement for the shipment, delivery, re-gasification and sale of liquefied natural gas.
- Advising clients on compliance with FERC’s Market Manipulation Rules, Standards of Conduct for Transmission Providers, Affiliate Restriction Regulations, Market Behavior Rules, Price Reporting Policy Statement, Open Access Transmission and OASIS requirements, and NERC Electric Reliability Standards.
- Representing a public utility holding company in the formation and divestiture of the first fully independent transmission company.
PROFESSIONAL AND COMMUNITY INVOLVEMENT
- Member, Energy Bar Association
- Member, American Bar Association
SPEAKING ENGAGEMENTS
- Panelist, “The Reform of Position Limits: Adapting to Increased Scrutiny and Assessing What the Future Holds,” ACI National Forum on Energy Trading: Compliance and Regulatory Enforcement (forthcoming June 7, 2013)
- Panelist, “How to Develop and Implement a ‘CFTC’ Compliance Program,” Energy Bar Association, 2013 Annual Meeting and Conference (forthcoming May 1, 2013)
- Panelist, “Navigating Uncharted Water: Anticipating the Cold Winds of Dodd-Frank Enforcement,” ACC Houston Best Practices Luncheon (January 31, 2013)
- Panelist, “Hot Topics in Energy Litigation and Regulatory Enforcement,” ACC Houston Energy Practice Group Luncheon (November 8, 2012)
- Speaker, Marcus Evans 2nd Annual Energy Trading Compliance Conference (June 19, 2012)