David A. Applebaum counsels energy and other industry clients, representing them in energy regulatory enforcement matters before the Federal Energy Regulatory Commission (FERC) and other agencies and in complex civil litigation, government enforcement and internal investigations. David’s clients benefit from his six-year service at FERC, and he brings valuable background and experience to energy companies subject to Commodity Futures Trading Commission (CFTC) market manipulation investigations and enforcement actions.
David served as director of the Division of Investigations in the Office of Enforcement at FERC, and, during his time at the agency, he held every type of attorney position in the Division, from line attorney to director. As director and deputy director of the Division, he was involved in every major legal, policy, investigation, settlement and litigation matter occurring at FERC related to enforcement from 2012 until he joined Akin Gump in mid-2016. He also served on the team led by FERC’s Office of General Counsel preparing FERC’s comment letters on CFTC-related Dodd-Frank rulemakings and was the FERC Division of Investigations liaison with the CFTC Division of Enforcement.
Before joining FERC, David was in private practice and focused on complex civil litigation, including antitrust, class action, and financial services cases; arbitrations; government enforcement actions; and internal investigations.
David served as editor-in-chief of the Vanderbilt Journal of Transnational Law. He clerked for Judge Thomas A. Wiseman, Jr., on the U.S. District Court for the Middle District of Tennessee and Justice Frank F. Drowota III on the Tennessee Supreme Court.
- High-level government experience at FERC.
- Representing clients in FERC enforcement investigations into market manipulation and other potential violations.
- Advising clients on a wide range of FERC compliance issues.
- Co-head of Akin Gump’s energy regulation, markets, and enforcement practice.
- Represented energy-sector clients in antitrust and energy-related litigation.
- Trained natural gas and power traders, generators and natural gas pipeline operators on anti-market manipulation and FERC compliance.
- Guided market participants in connection with FERC self-reports.
- Conducted due diligence and provided compliance guidance in connection with client investments in energy firms.
- Counseled a market participant in a FERC audit.
- Represented natural gas traders, power traders, utilities, and other market participants in FERC market manipulation investigations.
- Represented market participants in inquiries led by FERC Enforcement’s Division of Analytics and Surveillance.
- Provided FERC, RTO/ISO, CFTC and antitrust compliance advice to utilities, generators and trading firms.
- Editorial Board (Articles Editor) of the Energy Bar Association’s Energy Law Journal.
- Past Vice-Chair of the ABA Antitrust Section’s Civil Practice & Procedure Committee.
- J.D., Vanderbilt University School of Law, 1999
- B.A., University of Pennsylvania, magna cum laude, 1996
- U.S.D.C., Middle District of Tennessee
- Tennessee Supreme Court
- District of Columbia
- New York
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