David A.Applebaum

Partner

(T) 1.202.879.3690

David Applebaum's practice focuses on energy-related enforcement, compliance, internal investigations, litigation, and regulatory matters. He regularly advises on proposed energy market transactions to avoid or mitigate enforcement risk from FERC, the CFTC, state PUCs, antitrust enforcers, and RTO market monitors.

David is the former head of the Federal Energy Regulatory Commission's Division of Investigations, where he managed all aspects of the Division, including high-level decisions on opening, conducting, and resolving investigations, settlements, enforcement actions, trials, and electric reliability inquiries. He also led the Division in coordination efforts with the U.S. Commodity Futures Trading Commission on market manipulation investigations. During his government service David was a member of the Office of Enforcement senior management team and was a key advisor to multiple Enforcement directors and senior Commission staff on Enforcement-related legal and policy matters affecting FERC.

Earlier in his career David was in private practice and worked on a wide range of complex litigation, antitrust, class action, and financial services cases for large corporate clients.

David is a member of the Energy Law Journal's editorial board and former vice chair of the ABA Antitrust Section's Civil Practice & Procedure Committee. He is a regular speaker and panelist at major industry events sponsored by the Energy Bar Association, SIFMA (Securities Industry and Financial Markets Association), Energy Risk, S&P Global Platts, Edison Electric Institute, other major industry trade associations, ACER (European Agency for the Cooperation of Energy Regulators), and the ABA.

Experience

The following represents experience acquired prior to joining Jones Day.

Represented natural gas traders, power traders, and other market participants in FERC market manipulation investigations.

Represented market participants in inquiries led by FERC Enforcement's Division of Analytics and Surveillance.

Represented energy sector clients in antitrust and energy-related litigation.

Provided anti-market manipulation and FERC compliance training to natural gas and power traders, generators, and natural gas pipelines.

Represented natural gas and power market participants in connection with FERC self-reports.

Conducted due diligence in connection with client investments in energy firms.

Additional Publications

Publications Prior to Jones Day

October 3, 2018

FERC Market Manipulation Win Leaves Questions Unresolved, Law360

April 6, 2018

Another Court Upholds FERC Theory Of Market Gaming, Law360

March 13, 2018

FERC Practice and Procedure, Global Competition Review

June 16, 2017

FERC At 40: How It Became An Enforcement, Law360

May 2017

FERC Should Rescind Its Notice of Alleged Violations, George Washington Journal Energy & Environmental Law

February 22, 2017

Big Settlement Shows FERC's Pursuit Of Market Gaming, Law360

October 6, 2016

Maxim Settlement Reflects Expansive View Of FERC Rule, Law360

September 8, 2016

FERC's Continued Pursuit Of Individual Trader Liability, Law360

2009

Contributor, ABA Section of Antitrust Law, State Antitrust Practice and Statutes (4th ed.)

June 2008

Contributor, Joint Comments of the ABA on the Commission of the European Communities' White Paper on Damages Actions for Breach of the EC Antitrust Rules

2007

Contributor, Annual Review of Antitrust Law Developments (update)

Spring 2004

Coauthor, "Safer than a Known Way? A Critique of the FTC's Report on Competition and Patent Law and Policy,18 Antitrust 39

2004

Contributor, ABA Section of Antitrust Law, Mergers & Acquisitions: Understanding the Antitrust Issues

Speaking Engagements

  • July 2019
    Speaker, American Gas Association Legal Forum, FERC Investigations & Enforcement Post Energy Policy Act of 2005.
  • June 2019
    Panelist, FIA Commodities Symposium, Best Practices for CFTC and FERC Compliance Programs.
  • April 2019
    Edison Electric Institute (EEI) Webinar: What You Need to Know about the FERC Enforcement Process, Speaker

Speaking Engagements Prior to Jones Day

January 2019

Panelist, FERC, CFTC and Private Compliance, Surveillance Enforcement Update, EUCI Financial Transmission, Congestion and Auction Revenue Rights Conference

Baltimore, Maryland

October 2018

Moderator, S&P Global Platts Nodal Trader Conference, Market Manipulation: A New Era in FERC Enforcement? Lessons Learned from Recent Cases

New York, New York

May 2018

Panelist, Energy Bar Association, Annual Meeting, FERC Enforcement 2018 and Beyond: Update, Analysis and Perspectives

Washington, D.C.

January 2018

Panelist, ACI's 14 National Forum on Energy Trading Compliance and Regulatory Enforcement, A Guide to Relevant Agencies, Key Regulations, and Compliance Fundamentals

Houston, Texas

October 2017

Energy Bar Association CLE Program, FERC Enforcement: Effectively Defending Investigations, Recent Developments, and Key Issues Facing the New Commission

Houston, Texas

April 2017

Panelist, 30th Annual WSPP Joint Executive and Operating Committee Meeting, Enforcement in the Energy Industry

Austin, Texas

January 2017

EUCI Conference, Financial Transmission Rights, The Future of FERC Enforcement and Its Implications on Broader FTR/CRR Portfolio & Transaction Management

Washington, D.C.

November 2016

Guest Speaker, Deloitte Risk Council Meeting, FERC Enforcement: Updates and Trends

Chicago, Illinois

January 2016

Panelist, ABA, Derivatives and Futures Law Committee Winter Meeting, Trends in Enforcement and Related Litigation

Naples, Florida

January 2016

Speaker, Law Seminars International, Buying and Selling Electric Power in the West, FERC Anti-Market Manipulation Enforcement Trends

Seattle, Washington

July 2015

Panelist, EUCI Conference, Financial Transmission Rights, What Trading Organizations Can Do to Proactively Manage Swaps Manipulation Risks

Washington, D.C.

May 2015

Panelist, Energy Bar Association, 2015 Annual Meeting, Market Manipulation — Strategies and Trends in CFTC and FERC Enforcement

Washington, D.C.

March 2015

Panelist, SIFMA Compliance and Legal Society Annual Seminar, Commodities, Futures and Energy Issues

Phoenix, Arizona

January 2015

INGAA Compliance Forum, FERC Enforcement Developments

Washington, D.C.

June 2014

Speaker, European Union's Agency for the Cooperation of Energy Regulators (ACER) Annual Conference, FERC Enforcement

Ljubljana, Slovenia

March 2014

Panelist, SIFMA Compliance and Legal Society Annual Seminar, Commodities, Futures and Energy Issues

Orlando, Florida

October 2013

Panelist, Edison Electric Institute's Dodd-Frank Compliance Forum, CFTC and FERC Compliance Issues

Washington, D.C.

May 2013

Keynote Speaker, Energy Risk USA Conference, FERC Enforcement, Market Manipulation, Compliance, and Recent Developments

Houston, Texas

October 2012

Speaker, Platts Nodal Trader Conference, FERC Enforcement Developments

New York, New York

May 2011

Panelist, Edison Electric Institute's Dodd-Frank Compliance Forum, CFTC and FERC Compliance Issues

Washington, D.C.

April 2010

Session chair and moderator for ABA Antitrust Section Spring Meeting panel, Changing Class Certification Standards

Washington, D.C.

November 2009

Moderator, ABA Antitrust Section, Civil Practice and Procedure Committee's Brown Bag Program on E-Discovery

Minneapolis, Minnesota

2008 and 2009

CLE presenter and contributor for class action segment of Minnesota Business Torts Deskbook

Minneapolis, Minnesota

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