The heightened disclosure and certification standards of the Sarbanes-Oxley Act, the significant financial penalties authorized by the Energy Policy Act of 2005 and implemented through FERC’s Penalty Guidelines, and increased regulatory enforcement all underscore the need for thoughtful and comprehensive regulatory compliance policies. Many of our energy clients have trusted us to provide assistance and counsel to ensure that their policies and practices comply with their legal obligations. Winston & Strawn’s litigation attorneys have worked closely with our FERC attorneys to counsel and assist clients with investigations of wash-trading, false price reporting to industry trade publications, alleged misuse of network transmission service, and alleged violations of reliability standards.
We have successfully defended clients in these types of investigations in cases before FERC, NERC, the SEC and the CFTC. Our familiarity with the industry and the regulatory process has allowed us to conduct thorough investigations, to provide detailed reports to directors and senior management, to satisfy auditors and to allay the concerns of regulators. When necessary, our energy clients have turned to our premier litigation practice, which has defended them against these types of allegations.