Job Description

Associate: Energy Regulatory - Americas

Firm Summary

White & Case is an elite global law firm serving leading companies, financial institutions, and governments worldwide. Our long history as an international firm means we are perfectly placed to help our clients resolve their most complex legal challenges wherever they may be.

With lawyers and staff operating from more than 47 locations, working in virtually every country of the world, we have invested heavily in building a high-quality full-service practice competing at the top of the market. We are distinguished by our on-the-ground presence in the world’s key financial markets and our strengths in handling complex cross-border work.

It’s not just about our global network of offices and shared services centers; it’s the global interconnectedness of the Firm that our people, and our clients, value most. We work well together across geographic and practice boundaries. It’s one of the reasons we attract and retain cross-border work.

Our lawyers are globally minded, enterprising, collaborative, and committed to excellence. Our people represent 90 nationalities and speak 80 languages.

Position Summary

We are currently looking for a senior Associate with experience:

• advising clients on compliance with federal energy regulations; representing them in administrative proceedings before agencies like the Federal Energy Regulatory Commission (FERC), the North American Electric Reliability Corporation (NERC) and the various regional transmission organizations (RTOs/ISOs); navigating issues related to power generation, transmission, and retail electricity markets; and drafting legal documents to ensure proper adherence to energy laws, often focusing on areas like renewable energy, natural gas, and electricity market design.
• Experience with drafting and negotiating commercial agreements like power purchase agreements (PPAs), interconnection agreements (IAs), transportation agreements is important, as is experience counseling clients before federal agencies, including FERC and NERC and various state agencies. The legal practice for this posting includes prosecuting administrative litigation and obtaining regulatory approvals, as well as defending audit and enforcement actions for natural gas and liquid pipeline clients, electric generators and transmission providers, and energy market participants before FERC and other federal agencies; negotiation of agreements for the use of oil and gas infrastructure, such as transportation, gathering, and processing agreements and related marketing agreements; negotiating agreements for the procurement and transportation of power and the interconnection of generating resources; and regulatory compliance counseling and regulatory support for project development, finance and mergers and acquisitions.
• The ideal candidate will also have experience with the complex regulatory landscape of nuclear power, including experience advising on nuclear regulatory and nuclear safety matters, including experience advising clients on compliance with Nuclear Regulatory Commission (NRC) regulations regarding the construction, operation, and decommissioning of nuclear facilities, including power plants, handling licensing applications, and representing clients in regulatory disputes with the NRC. A background in and a strong understanding of nuclear engineering and environmental law would be ideal.

Highly organized and deadline-focused, you should be adept at managing multiple work streams and delivering work within short timeframes.

Personable and cooperative, you should enjoy working as part of a team, and be adept at building strong professional relationships. Good communication skills will be a significant asset.

Working on major, high-profile transactions which can take months or years to close, you will need patience and focus. Excited by our practice, you should be keen to take on as much responsibility as possible and display the proactivity of thought and action to exceed the expectations of both colleagues and clients.

Our Practice Area

White & Case’s Energy, Infrastructure, Project and Asset Finance Group has a worldwide reputation for helping sponsors and developers to achieve their most complex and ambitious project goals. The preeminent global law firm in this field, we offer our clients an unrivaled depth and breadth of knowledge and experience, in jurisdictions across the globe and across all the major project development sectors. We have significant experience in the major sectors, including power generation and transmission (thermal power, nuclear energy and all forms of renewable energy); oil & gas (liquefied natural gas (LNG) and petrochemicals); infrastructure (roads, airports, bridges, railways, ports and social infrastructure); mining & metals; water and wastewater treatment; and telecommunications and digital infrastructure (towers, broadband, fiber-optics and satellites).

From the moment you join us, you will be working with leading practitioners within our Group, as well as with colleagues from the firm’s M&A, Capital Markets and Regulatory & Compliance practices, who contribute their sector-specific expertise to our multidisciplinary project teams.

As an associate, you will undertake a range of logistics and communication tasks geared towards driving the process forward and ensuring that all the parties involved are aware of—and happy with—the direction of travel. You will also handle analyzing and interpreting energy regulations, advising clients on compliance strategies, and identifying potential regulatory risks . The work can be demanding but is always rewarding—both in terms of the constant opportunities for learning and professional development, and the satisfaction of contributing to high-profile projects, which have a lasting impact on people’s lives.

Duties and Accountabilities1

• Drafting of PPAs, VPPAs, LNG SPAs, JOAs, LLCAs, JVAs, terminalling agreement, time charters, asset management agreements (among others)
• Assist with resolving (or avoiding) commercial disputes and administration of ongoing projects
• Conducting research and drafting of memoranda, including impacts of local, Federal, and international laws
• Analysis and understanding of energy regulatory and operational practices, including familiarity with various industry forms and practices (e.g., AIEN, BIMCO, ISDA, NAESB)
• Drafting, negotiating and enforcing parent guarantees, letters of credit, and other forms of performance security
• Involvement in due diligence – prepare legal opinions
• Liaising with local counsel in relevant jurisdictions
• Coordination with internal subject matter experts
• Communication with clients (via telephone, teleconference, E-mail)
• Providing direct assistance to senior lawyers on matters arising in the course of day-to-day provision of legal services to leading international and domestic corporate clients
• Managing, and training junior associates
• Perform research and prepare pitch materials for business development initiatives
• Joining educational seminars and practice groups

Qualifications

• A Juris Doctor (JD) degree (LLM or foreign equivalent) from an accredited law school
• Admitted to the Washington, D.C. or Texas bar (or the ability to become admitted) and in good standing
• 5+ years of relevant law firm or in-house experience; transactional experience required
• Strong academic record and intellectual curiosity, creative thinker
• Commercial and business awareness
• Ability to see the big picture
• Outstanding communication and negotiation skills
• Strong time management skills, ability to stay calm under pressure when juggling multiple projects
• Excellent drafting skills
• Driven by professional growth
• Strong professional presence
• Client service focus
• Team player
• Strong judgment
• Proactive, resourceful, takes initiative
• Long-term interest in business law
• Fluency in English
• International experience a plus

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