Obtained dismissal of tort action seeking upwards of $20 million brought by pipeline contractor against midstream natural gas company on the grounds that that the contractor’s tort claims were within the scope of a mandatory forum selection clause that required actions filed under the contract between the parties to be brought in the midstream company’s home state.

In 2017, argued for and obtained dismissal of a shareholder derivative action in West Virginia Business Court that alleged mismanagement, self-dealing and breach of fiduciary duty by officer/director client.

Domestic Violence Survivors’ Support Group, Inc. v. West Virginia Department of Health and Human Resources, Office of Health Facility Licensure and Certification, 238 W.Va. 566, 797 S.E.2d. 543 (March 1, 2017). Secured decision from Supreme Court of Appeals of West Virginia reversing circuit court ruling upholding agency’s denial of a behavioral health center license to a non-profit domestic violence counseling center that was based upon the agency’s erroneous interpretation of its own licensure rules and related statutory provisions.

Federal Communications Commission

• Assisted numerous clients in FCC rulemaking proceedings, including the filing of comments in proceedings related to wireline competition, radio spectrum allocation, Part 15 device regulation, and public safety requirements.
• Negotiated and obtained FCC approval of purchase of spectrum frequencies for electric cooperative mission-critical SCADA system.
• Assisted clients with registration and transfer ownership of antennae structures.
• Authored note in Catholic University Columbus School of Law Commlaw Conspectus entitled, “Secondary Markets in Spectrum: Making Spectrum Policy as Flexible as the Markets it Must Foster.”

Federal Energy Regulatory Commission

• Authored comments on behalf of Office of the Governor of the State of West Virginia to FERC related to electric transmission line proceedings.
• Assisted client in FERC hydroelectric facility licensure proceedings.

West Virginia Public Service Commission

• Challenged authority of a municipal sewer company to increase its sewer rates under statutory scheme, including appeal to West Virginia Supreme Court of Appeals and subsequent administrative proceeding.
• Litigated PSC dispute between an apartment complex and public service district (PSD) related to overcharging for wastewater services, settling matter on favorable terms for client.
• Assisted multiple clients in various PSC rulemaking proceedings (e.g., submitted comments on behalf of municipal power system cooperative client in proceeding related to State’s renewable energy portfolio program).
• Worked on litigation filed on behalf of telecommunications carrier against the PSC related to the agency’s pole attachment rules.

West Virginia Department of Environmental Protection

• Assisted clients in various DEP rulemaking proceedings, including agency’s response to Clean Power Plan Act and promulgation of new fracking fluid disclosure program.

West Virginia Public Energy Authority

• Served as then-Governor Joe Manchin’s designee and counsel from 2005-2007.

West Virginia Department of Natural Resources

• Assisted clients in DNR rulemaking proceedings and enforcement actions.

• Served as then-West Virginia Governor Joe Manchin’s Deputy General Counsel and chief legal advisor on regulatory matters from 2005-2007.
• Drafted recently adopted legislation overhauling PSC’s regulation of solid waste haulers.
• Lobbied Legislature, state agencies and PSC on behalf of municipal power system for last 12 years, which included (with PSC support) of legislation overhauling municipal power system rate approval process.
• Lobbied Legislature, state agencies and PSC on behalf of association of rural water and sewer utilities.
• Successfully lobbied Legislature to approve DEP rules establishing favorable fracking fluid disclosure program.