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Morrison & Foerster Expands Energy Enforcement and Litigation Practice with Addition of Robert Fleishman

07/02/2013
Press Release

WASHINGTON, D.C. (July 2, 2013) – Morrison & Foerster today announced that Robert Fleishman, a highly regarded energy regulatory lawyer, has joined the firm's Washington, D.C. office as a senior of counsel. He has a leading practice defending clients in connection with Federal Energy Regulatory Commission (FERC) investigations and enforcement actions.

Mr. Fleishman has more than 30 years of experience representing and counseling clients in regulatory, enforcement, compliance, commercial, legislative and public policy matters for high-profile oil and gas, electricity and financial clients. He spent 17 years with Constellation Energy Group (formerly Baltimore Gas & Electric Company), where he served as general counsel and vice president of corporate affairs, and he is a trained arbitrator and mediator with CPR Institute's Energy, Oil and Gas Panel of Distinguished Neutrals. Recently, Mr. Fleishman has concentrated his practice on, and developed a leading reputation in, defending energy companies, financial industry participants and traders in energy markets against charges of market manipulation, an increasingly important area of regulatory enforcement activity.

Some of Mr. Fleishman's noteworthy matters include representing:

  • one of the largest U.S. portfolio managers of energy assets in investigations by FERC and the U.S. Commodity Futures Trading Commission regarding market manipulation;
  • a large financial firm in a non-public investigation by FERC regarding market manipulation;
  • seven major energy trade associations in preparing a white paper on FERC enforcement matters, paving the way for significant reforms to FERC's enforcement and compliance programs;
  • numerous individual traders in confidential investigations of alleged power market manipulation;
  • one of the largest Asian investment management companies in successfully obtaining FERC and state approvals for  a $1.6 billion investment in a U.S.-based worldwide developer of power projects;
  • two leading global investment firms in successfully obtaining FERC and Nuclear Regulatory Commission approvals in a $45 billion transaction;
  • a coalition of major electricity market participants on legislative, regulatory and policy matters; and
  • one of the largest U.S. natural gas and electric utility companies and the city of San Francisco in high-stakes mediations.

"We are delighted to welcome Bob to the firm," said Bradley Lui, managing partner of the Washington, D.C. office and also a highly regarded FERC advocate. "Bob is well known to us as a highly skilled energy regulatory lawyer who brings experience with a wide array of transactions, disputes, investigations and enforcement actions. Having served as the general counsel of a major energy company, Bob is well positioned to assist energy clients with their legislative, regulatory, litigation and compliance matters."

"With expanded jurisdiction and penalty powers, FERC is investigating participants in energy markets such as financial institutions that were previously unaccustomed to its review," added Bob Loeffler, senior energy regulatory lawyer in the firm's Washington, D.C. office. "Bob is a leading authority in the new world of energy investigations and enforcement actions with up-to-the-minute involvement in major investigations. His deep knowledge of the electric and gas regulatory and enforcement landscape will be invaluable to MoFo's growing energy practice as the industry becomes more embroiled in high-stakes investigations and litigation."

"I am excited to join Morrison & Foerster, which has an exceptional reputation in many energy sectors," said Mr. Fleishman. "My experience is a great fit here, and I look forward to helping the firm build a premier energy enforcement and compliance practice and contributing to the firm's continued success."

Morrison & Foerster's Litigation Department is ranked among the leading departments in the industry for its Energy Regulation and Litigation work in Chambers Global, Chambers USA and Chambers Asia-Pacific, as well as in Legal 500 US and Legal 500 Asia-Pacific. The firm ranked in Tier 1 in Energy Law nationally in the U.S. NewsBest Lawyers annual Best Law Firms report, with the Washington, D.C. office ranking prominently in Energy, Natural Resources and Oil & Gas Law. The Recorder also named Morrison & Foerster's Environment & Energy Group to its list of Leading Northern California Environmental Law Practice Groups.

Mr. Fleishman joins Morrison & Foerster from Covington & Burling LLP. Prior to Covington, he worked in the Enforcement Division at FERC, before serving at Constellation Energy Group where he led the company's efforts to develop and coordinate legislative and regulatory policy at the federal, state and local levels. Mr. Fleishman earned his J.D. from Boston University School of Law.

Mr. Fleishman currently serves as editor in chief of the Energy Law Journal, the preeminent journal in the field of energy law, with approximately 3,000 subscribers in the United States and 15 foreign countries, and served as chairman of the Energy Bar Association's Compliance & Enforcement Committee.