Michael Gergen is a vastly accomplished energy regulatory litigator capable of assisting clients in complex administrative and civil litigation proceedings. Clients praise him as “very capable” and “very creative,” and say “he knows everything, he works hard and he understands the policy and regulation.”Chambers USA 2015-2016, 2018

Michael J. Gergen

Washington, D.C.
  • 555 Eleventh Street, NW
  • Suite 1000
  • Washington, D.C. 20004-1304
  • USA

Michael Gergen, a partner in Latham & Watkins’ Washington, D.C. office, is a member of the Energy Regulatory & Markets Practice as well as the Project Finance Practice.

Mr. Gergen has extensive experience developing practical applications of economics, finance, and regulatory law to assist clients involved in the electric, natural gas, and other network industries in the United States and internationally. Mr. Gergen represents entities involved in electric generation, transmission and distribution, natural gas transportation, storage and distribution, electric and natural gas marketing and trading, and finance, as well as international governments and financial institutions. Mr. Gergen also assists clients regarding federal and state financing support and incentive programs for clean energy technologies, products, and services.

Mr. Gergen has assisted clients on a wide range of transactional, controversy, policy, and legislative matters and has represented clients both in commercial negotiations and before various federal and state regulatory agencies, including the Federal Energy Regulatory Commission and various state public utility commissions, and numerous federal and state courts and arbitral bodies. Mr. Gergen also has served as an economist for an investor-owned public utility, as well as an economic consultant for a state energy commission.

Mr. Gergen is listed as a leading energy attorney in The Legal 500 US and Chambers USA, which describes him as having “developed a positive reputation in the industry as ‘a quick, clever and creative lawyer.’” He has given a variety of speeches on energy regulatory and policy matters. He is a member of the Federal Energy Bar Association and the American Bar Association. Mr. Gergen was previously selected for inclusion in Who's Who Legal and The Best Lawyers in America as a recommended attorney in Energy Law. Mr. Gergen is an Adjunct Professor of Law and is a member of the Board of Advisors for the Institute for Policy Integrity at the New York University School of Law.

Mr. Gergen's publications have included:

  • Author, “DOE as a Catalyst for Innovative and Transformative Economic Regulation of the Bulk Power System?” Stanford Woods Institute for the Environment (September 2016)
  • Co-author, “The Energy and Markets Review — USA,” Law Business Research Ltd. (June 2012 and 2013)
  • Co-author, “Walking the Line Between the Clean Air Act and the Federal Power Act: Balancing Emission Reductions and Bulk Power Reliability,” The Electricity Journal, Vol. 25, No. 1 (January/February 2012) 
  • Co-author, “Investing in a Clean Energy Future,” PFI Yearbook 2010 
  • Co-author, “A Modest Proposal: A Market-Based Approach to Generation Interconnection Process Reform,” The Electricity Journal, Vol. 21, No. 9 (2008)
  • Co-author, “A Deal Is Still a Deal: Morgan Stanley Capital Group v. Public Utility District No. 1,” 2007-2008 Cato Supreme Court Review (2008)
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