Todd L. Brecher focuses on energy litigation, regulatory and enforcement matters before federal and state agencies and courts. Mr. Brecher represents clients in a broad range of matters principally relating to the electricity and natural gas markets, including matters before the Federal Energy Regulatory Commission (FERC), the Commodity Futures Trading Commission (CFTC), state commissions, and federal and state courts. Mr. Brecher has extensive experience counseling clients on regulatory aspects of energy projects and transactions, resolving enforcement and investigation matters, and representing clients in energy disputes before agencies and courts. Mr. Brecher also conducts internal investigations and compliance reviews for energy sector clients.
Prior to joining Akin Gump Strauss Hauer & Feld LLP, Mr. Brecher served for more than four years in FERC’s Office of Enforcement, where he was substantially involved in some of FERC’s most significant enforcement matters. Mr. Brecher’s enforcement experience at FERC included both electricity and natural gas-related matters, and involved alleged violations of FERC’s market manipulation regulations, jurisdictional tariffs, and other FERC rules and regulations. In addition to leading investigations and administrative proceedings at FERC, Mr. Brecher also represented FERC in litigation before federal courts, including the first and largest energy market manipulation case filed in federal district court. Mr. Brecher’s work at FERC frequently involved collaboration and coordination with the CFTC’s Division of Enforcement.
In addition to his enforcement-related work, while at FERC, Mr. Brecher provided counsel on a variety of complex, market-related matters, including matters relating to market design and the trading and marketing of energy and capacity products in organized electricity markets. Mr. Brecher also served as a staff liaison to an independent system operator’s market monitoring division regarding market-related matters. Additionally, while at FERC, Mr. Brecher advised on matters involving the North American Electric Reliability Corporation’s (NERC) physical and cybersecurity reliability standards and the FERC/NERC enforcement regime.
Mr. Brecher frequently writes and speaks on energy regulatory and enforcement issues. He is a contributing author to Global Competition Review’s The Guide to Energy Market Manipulation (March 2018).Mr. Brecher began his legal career in the Washington, D.C., office of a large international law firm, where he represented clients in complex litigation and government enforcement matters.
- J.D., Vanderbilt University School of Law, 2008
- B.S., Syracuse University, 2005
- District of Columbia
- New York
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