“He sees the solution as opposed to fighting on everything; he’s easy to deal with while still advocating for his client.” 
“He is very capable and very creative.” 
“He knows everything, he works hard and he understands the policy and regulation.” 

Chambers USA 2015-2020

Michael J. Gergen

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

Michael Gergen, a partner in the Washington, D.C. office, has extensive experience developing practical applications of economic theory, corporate finance, and regulatory law to assist clients in the energy industry and other network industries to compete successfully in an environment of market-based, open-access competition.

Mr. Gergen’s representative clients include entities involved in:

  • Electric generation and transmission
  • Electric and gas marketing and trading
  • Investment and commercial banking

Additionally, Mr. Gergen represents foreign governments and financial institutions. He assists clients in the development and use of federal and state financing support and incentive programs focused on clean energy technologies, products, and services.

Mr. Gergen is an adjunct professor of law and a member of the Board of Advisors for the Institute for Policy Integrity at the New York University School of Law.

Mr. Gergen has assisted clients in a wide range of matters, including:

  • The formation and continuing development of wholesale electric power markets and regional transmission entities in the US
  • Federal and state regulatory policy issues regarding renewable energy, energy storage, Smart Grid, and energy efficiency technologies
  • Energy asset acquisitions and divestitures
  • Energy offtake contracts
  • Transmission and interconnection contracts
  • Contract disputes litigation
  • Drafting federal, state, and foreign energy legislation

Mr. Gergen assists clients with matters concerning ratemaking, trade regulation, antitrust, market regulation and compliance, and general regulatory and commercial matters before the following entities:

  • Federal Energy Regulatory Commission (FERC)
  • US Department of Energy (DOE)
  • US Department of Justice
  • Federal Trade Commission
  • Securities and Exchange Commission
  • Commodity Futures Trading Commission
  • Surface Transportation Board
  • International Chamber of Commerce
  • Various state regulatory commissions, and numerous federal and state courts

Mr. Gergen has also served as an economist for an investor-owned public utility in New England, as well as an economic consultant for a state energy commission in the west. He is a member of the Energy Bar Association and the American Bar Association.

Thought Leadership
  • Co-author, “The Energy Regulation and Markets Review – USA,” Law Business Research Ltd. (Annual Publication 2012-2019)
  • Co-Author, “FERC Issues Order to Mitigate the Impact of State Preferences on the PJM Capacity Market,” Latham & Watkins publication (July 2018)
  • Co-Author, “FERC Narrowly Approves ISO-NE Proposal Regarding State-Sponsored Generation Resources,” Latham & Watkins publication (March 2018)
  • Co-Author, “New York Releases Offshore Wind Master Plan,” Latham & Watkins publication (March 2018)
  • Co-Author, “FERC Approves Landmark Rule on Electric Storage Resources,” Latham & Watkins publication (March 2018)
  • Co-Author, “California Adopts Rules for Evaluating Multiple-Use Energy Storage Resources,” Latham & Watkins publication (January 2018)
  • Co-Author, “Wholesale Capacity Market in New England Aims to Better Accommodate State-Sponsored Generation Resources,” Latham & Watkins publication (January 2018)
  • Co-Author, “New York Public Service Commission Adopts Compensation Values for Distributed Energy Resources in Reforming the Energy Vision Proceeding,” Latham & Watkins publication (October 2017)
  • Co-author, “New York Is Transitioning Away from Net Energy Metering for Distributed Resources,” Latham & Watkins publication (May 2017)
  • Co-author, “FERC Faces Unprecedented Lack of Quorum After Commissioner’s Departure,” Latham & Watkins publication (February 2017)
  • Co-author, “What FERC Can – And Cannot – Do Without A Quorum,” Law360 (February 2017)
  • “DOE as a Catalyst for Innovative and Transformative Economic Regulation of the Bulk Power System?,” Climate Change Implementation Project Conference Series, Stanford Woods Institute for the Environment, et al. (September 2016)
  • Co-author, “CPUC’s NEM 2.0 Decision: A Win for Distributed Solar?,” Latham & Watkins publication (March 2016)
  • Co-author, “The Energy and Markets Review – USA,” Law Business Research Ltd. (Annual Publication 2012-2016)
  • Co-author, “EPA Finalizes Historic Greenhouse Gas Emission Reduction Program,” Latham & Watkins publication (August 2015)
  • Co-author, “FERC Issues Order Accepting PJM Capacity Performance Proposal,” Latham & Watkins publication (June 2015)
  • Co-author, “EPA Proposes Unprecedented Greenhouse Gas Emission Reduction Program,” Latham & Watkins publication (June 2014)
  • Co-author, “Federal Appeals Court Decision Could Create Risk for Demand Response Suppliers in Wholesale Markets,” Latham & Watkins publication (June 2014)
  • Co-author, “A New CAISO Stakeholder Process To Address Reliability,” Law360 (February 2014)
 
 
 
Notice: We appreciate your interest in Latham & Watkins. If your inquiry relates to a legal matter and you are not already a current client of the firm, please do not transmit any confidential information to us. Before taking on a representation, we must determine whether we are in a position to assist you and agree on the terms and conditions of engagement with you. Until we have completed such steps, we will not be deemed to have a lawyer-client relationship with you, and will have no duty to keep confidential the information we receive from you. Thank you for your understanding.