Joseph Malkin

Senior Counsel

San Francisco

Joe Malkin has 40 years' experience in energy regulation and high-stakes litigation.  Over that time, he has helped our clients manage the regulatory and legal issues of major construction projects, such as the Trans Alaska Pipeline and nuclear power plants, as well as navigate the changing landscape of the energy business in the U.S.

He has tried or settled major cases in state and federal courts in California, Alaska, Hawaii and Oregon as well as before arbitrators, the Federal Energy Regulatory Commission (FERC) and state utility commissions.  Joe has successfully petitioned the U.S. Supreme Court for certiorari, argued before the Ninth Circuit U.S. Court of Appeals en banc, and in other federal circuit Courts of Appeals as well as the California Courts of Appeal.

Joe's clients have included AES Corporation, Alyeska Pipeline Service Company, Chevron Corporation, Occidental Petroleum Company, Pacific Gas and Electric Company, PG&E Corporation, Proctor & Gamble, San Diego Gas & Electric Company, Sempra Energy, Southern California Edison Company, and Southern California Gas Company.

Joe has spoken at dozens of conferences and seminars on subjects such as litigating regulatory proceedings, buying and selling generation assets, the future of nuclear power, key issues facing FERC and the current state of the power industry.  Joe transitioned from partner to Senior Counsel to spend more time on family, travel and photography while continuing to provide strategic advice and counsel to our clients.

  • Joe's experience includes the following:

    • Providing regulatory advice to senior management and directors
    • Designing and documenting the transactions and operating agreements to disaggregate a vertically-integrated gas and electric utility into four separate companies: a state-regulated gas and electric distribution company; a FERC-regulated gas pipeline company; a FERC-regulated generating company; and a FERC-regulated electric transmission company.
    • Selling and buying electric generating assets.
    • Negotiating power purchase agreements.
    • Representing a utility in enforcement proceedings arising out of a fatal gas pipeline accident
    • Successfully defending a seven-year long unfair competition lawsuit by the California Attorney General.
    • Successfully settling the largest utility Chapter 11 case in history.
    • Successfully settling a lawsuit by a pipeline owner against the supplier of a defective corrosion protection coating.
    • Investigation of energy trading operations, including price reporting and potential wash sales.
    • Numerous public utility commission proceedings, including two multi-billion dollar nuclear power plant prudence reviews, merger cases, investigations of holding company activities and enforcement proceedings.