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Kenneth W. Irvin is a partner in the law firm of McDermott Will & Emery LLP based in the Washington, D.C. office. He is a member of the Firm's Energy and Derivatives Markets and Bankruptcy Practice Groups. Mr. Irvin counsels clients on federal and state energy and natural gas regulatory issues, bankruptcy, finance, and litigation issues involving energy and commodities trading, wholesale and retail energy market regulation, and structured transactions.
Ken has successfully led teams prosecuting clients' rights in administrative, bankruptcy and judicial proceedings under natural gas purchase agreements, wholesale power purchase agreement, asset purchase agreements, natural gas transportation and capacity release agreements, credit facilities, covenants not to compete, partnership agreements, shareholders agreements and leases. He has also assisted clients in the acquisition or disposition of companies or assets through bankruptcy or strategic restructuring, restructuring complex energy and natural gas agreement, and advises officers and directors on fiduciary responsibilities to creditors and shareholders during times of financial trouble.
He has led teams representing creditors or purchasers in numerous bankruptcies, including Androscoggin, Apex Global Information Services, Calpine, National Energy Group, Pocket Communications, TSR Wireless, USGen New England, and Winstar Communications. Representative clients include Morgan Stanley, El Paso, Lehman Bros., BP, Merrill Lynch, Citigroup, and Constellation.
Ken has authored and co-authored several articles on energy and bankruptcy including: "A Word to the Wise About Transparency," Legal Times, June 11, 2007; "Bankruptcy Code Confusion," Energy Risk, October 2006; "A New Broad Brush," Legal Times, August 16, 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 is a member of the District of Columbia and New York bars, and is admitted to practice before the 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 and various state public utility commissions.
Education:
Syracuse University College of Law, J.D. (magna cum laude), 1992
Clarkson University, B.S.E.E., 1987 |
