Kenneth W. Irvin represents clients on federal and state commodity and energy, electricity, natural gas, oil, alternative energy and emissions matters. His counsel includes advising 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.
In recent years, Ken has led teams in 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. He also has prosecuted 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. He has assisted clients in the acquisition or sale of companies and assets in numerous bankruptcy auctions. He also works with clients on 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 extends to 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.
As the firm's lead energy regulation attorney, he ensures client compliance with FERC and CFTC requirements, and works closely with those handling compliance with FSA requirements.
A frequent author, Ken has been recognized by Chambers USA as one of the leading lawyers in his field. He was recently selected for inclusion in The Best Lawyers in America 2013 in the areas of Bankruptcy and Creditor-Debtor Rights, Insolvency and Reorganization, and Bankruptcy Litigation. Ken chaired the ERCOT Market Summit Conference in February 2014, chaired the Energy Bar Association's Finance & Transactions Committee for 2013-2014 and currently serves 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. He was a speaker at the 2nd Power & Alternative Energy Conference, Houston, TX, in April 2009.
Ken has authored and co-authored several articles on energy and bankruptcy including: "FERC's 2010 Enforcement Recap," Law360, December 2010; "Mitigating Contract Risk Key in Hedging," The American Oil & Gas Reporter, October 2009; "Identifying and Planning for New Forms," Spark, August 2009; "Rules of the Road," Oilweek, July-August 2009; "Reinterpreting Bankruptcy Code Section 553's Mutuality Required," Law360, January 2009; "Federal Natural Gas Regulation; 2008 in Review," Law360, January 2009; "The Buck Stops Where? Lessons Learned About Gas Contract Force Majeure," Institute for Energy Law of the Center for American and International Law's 58th Annual Oil and Gas Law Conference, August 2007; "A Word to the Wise About Transparency," Legal Times, June 2007; "Bankruptcy Code Confusion," Energy Risk, October 2006; "A New Broad Brush," Legal Times, August 2004; "The Tyranny of FERC," Public Utilities Fortnightly, May 2004; and "Restructure or Bust? Why FERC Must Yield to Bankruptcy Law," Public Utilities Fortnightly, October 2003.
Ken received his B.S.E.E. from Clarkson University, and his J.D., magna cum laude, from Syracuse University School of Law. He is a member of the District of Columbia and New York bars, and is admitted to practice before the U.S. Supreme Court, the U.S. Courts of Appeals for the District of Columbia, the Third, Fourth, Fifth, Ninth, Eleventh and Federal Circuits, and the U.S. Court of Federal Claims. He also practices before the Federal Energy Regulatory Commission (FERC).