David L. Schwartz

  • Partner
  • Edavid.schwartz@lw.com
  • 555 Eleventh Street, NW
  • Suite 1000
  • Washington, D.C. 20004-1304
  • USA
  • T +1.202.637.2125
  •  
 

Profile

David Schwartz is a partner in the Finance Department of Latham & Watkins' Washington, D.C. office. He serves as Global Chair of the Energy Regulatory & Markets Practice, is a member of the Project Finance Practice, and former Co-Chair of the firm’s Global Power Industry Group. He has extensive experience representing entities involved in electric generation, transmission and distribution, electric and gas marketing and trading, and gas transportation and distribution.

Mr. Schwartz has been active in the formation of the developing electricity markets in the United States; led transactional and regulatory teams in mergers and acquisitions and divestitures of energy companies and assets; litigated contract, rate, and transmission access disputes; and drafted federal and state energy legislation. He also has extensive experience in negotiating power purchase and sale agreements, electric transmission agreements, natural gas transportation agreements, energy management agreements, and electric and gas interconnection agreements.

Mr. Schwartz regularly advises clients on energy matters before the Federal Energy Regulatory Commission (FERC), various state public utility commissions, the US Department of Justice (DOJ), the Federal Trade Commission (FTC), the Securities and Exchange Commission (SEC), the Commodity Futures Trading Commission (CFTC), and the Department of Energy (DOE). 

Mr. Schwartz is consistently recognized as a top energy attorney in Corporate Counsel Magazine, Best Lawyers in America, Who's Who Legal: Energy, Chambers USA, Chambers Global, and The Legal 500 US. The Legal 500 US recently selected him as a Leading Lawyer for energy transactional work, and recommended him for his energy regulatory and renewable energy work. In 2021, he was named a M&A Client Service All-Star by BTI Consulting Group based on a survey of US corporate counsel and executives.

Mr. Schwartz is a member of the American Bar Association and has held leadership positions in the Energy Bar Association.

Recent publications of Mr. Schwartz include:

  • Co-author, “What FERC Can – And Cannot – Do Without A Quorum,” Law360 (February 2017)
  • Editor and Author of Preface, “The Energy and Markets Review,” Law Business Research Ltd. (Annual Publication 2012 2016)
  • Co-author, “The Energy and Markets Review – USA,” Law Business Research Ltd. (Annual Publication 2012 2016)

  • Co-author, "Independent Transmission in the United States," Project Finance International (March 2003)

  • Co-author, “Real Promise or False Hope: DOE’s Title XVII Loan Guarantee,” The Electricity Journal (May 2009)

Experience

Mr. Schwartz’s significant recent matters, include:

  • Representing utilities and other energy companies before FERC, DOE, and state regulatory commissions in New York, Maine, Connecticut, Massachusetts, California, New Hampshire, and Virginia on rate, market, merger, affiliate, and enforcement matters
  • Assisting generator clients with respect to the creation of electricity markets, and the development of market rules in New England (ISO-NE), New York (NYISO), the Mid-Atlantic (PJM), California (CAISO), the Mid-West (MISO), the Southwest (SWPP), and Texas (ERCOT)
  • Representing renewable developers in NY, New England, Mid-Atlantic, Mid-West, Southwest, and California on matters before FERC, state regulators, and regional electricity markets
  • Leading regulatory counsel for administrative agents in acquisitions of 4000 MW of generation from TECO Panda (Union Power/El Dorado and Gila River), and 3,700 MW from subsidiaries of National Energy and Gas Transmission (Harquahala, Millennium, Covert, and Athens)
  • Restructuring the power sale, transmission, and interconnection contracts for independent power producers, including Cogentrix Richmond, Cogentrix Rocky Mount, Sithe/Independence Power Partners, Doswell Power, and Commonwealth Atlantic
  • Representing generator and power marketing entities in various investigations relating to the electric power industry brought by FERC, SEC, CFTC, the Attorney General of Connecticut, the California State Senate, the ISO-New England, and the Texas Public Utilities Commission
  • Representing power and gas purchasers and sellers of electricity and gas products, using standard electric (EEI, WSPP, and ISDA Power Annex forms), gas (NAESB, GISB, and ISDA Gas Annex forms), and financial swap (ISDA forms) master form implementation agreements
  • Drafting and negotiating energy and asset management agreements for energy/asset managers and generator owners, including LS Power, Mach Gen, Entegra, and Sithe Energies
  • Regularly obtains Federal Energy Regulatory Commission approvals and makes periodic compliance filings under Sections 203, 204, and 205 of the Federal Power Act

Thought Leadership

  • FERC Issues Order to Mitigate the Impact of State Preferences on the PJM Capacity Market -  July 06, 2018
  • FERC Faces Unprecedented Lack of Quorum After Commissioner’s Departure -  February 03, 2017
  • FERC Issues Order Accepting PJM Capacity Performance Proposal -  June 17, 2015
  • Federal Appeals Court Decision Could Create Risk for Demand Response Suppliers in Wholesale Markets -  June 02, 2014
  • FERC Decision Sheds Light On The Importance Of Mitigation -  April 10, 2013
  • FERC Sheds Light on the Meaning of Control and the Importance of Mitigation -  March 26, 2013
  • The Energy Regulation and Markets Review - France -  June 30, 2012
  • The Energy Regulation and Markets Review - Italy -  June 30, 2012
  • The Energy Regulation and Markets Review - Spain  -  June 30, 2012
  • The Energy Regulation and Markets Review - United States -  June 30, 2012
  • Real Promise or False Hope: DOE’s Title XVII Loan Guarantee -  May 31, 2009
  • Department of Energy Title XVII Loan Guarantee Program: Key Considerations -  March 24, 2009
  • Financial Crisis Impacts on FERC Approval Requirements For Upstream Transfers of Energy Assets -  February 26, 2009

Band 1 – Energy: Electricity (Regulatory & Litigation)
Chambers USA 2020-2021

"A leader in the field and a top-line lawyer”
“Extremely knowledgeable, experienced, and has very strong intuition"
Chambers USA 2021

“Clients appreciate his natural leadership and ability to highlight particular concerns in a constructive way.”
Chambers USA 2017

“He is a creative and effective lawyer of outstanding quality who has a strong technical understanding of the law and the power market.”
“He is thoughtful, hard-working and has a solution-oriented approach to matters.”
Chambers USA 2016

 
Bar Qualification
  • District of Columbia
Education
  • JD, American University, Washington College of Law, 1989
  • AB, Bowdoin College, 1986
Industries
  • Energy & Infrastructure
  • Technology
Practices
  • Project Development & Finance
  • Mergers & Acquisitions
  • Energy Regulatory & Markets
  • Derivatives