Todd Mullins

Partner

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Practices
Industries
Education
  • The George Washington University, JD, magna cum laude, Member, George Washington Law Review, 1989
  • West Virginia University, BS, Finance, 1986
Admissions
  • District of Columbia
  • Maryland
  • U.S. District Court for the District of Columbia
  • U.S. District Court for the District of Maryland
Affiliations

Board Member, The George Washington University Energy Law Advisory Board (ELAB)

Member, Antitrust, Public Utilities and Litigation Sections, American Bar Association

Member, District of Columbia Bar Association

Member, Maryland Bar Association

Member, Compliance & Enforcement Committee, Energy Bar Association

Capital Campaign Committee; Past Chairman, Congregational Council; Past Chairman, Board of Trustees; Past Chairman, Church Council, Foundry United Methodist Church

Past Cubmaster; Past Committee Member, Cub Scout Pack 641, Boy Scouts of America

Todd is managing partner of the Washington office and serves as chair of the Energy Enforcement practice group. He represents energy clients with enforcement and compliance matters involving the Federal Energy Regulatory Commission (FERC), the Commodity Futures Trading Commission (CFTC), the North American Electric Reliability Corporation (NERC) and other regulators, as well as related government and private litigation. He co-led the development of McGuireWoods’ FERC Enforcement Reporter, an innovative, web-based legal research tool that organizes information about FERC enforcement cases and policy statements topically.

Prior to joining McGuireWoods, Todd was a branch chief at the Federal Energy Regulatory Commission’s Division of Investigations, Office of Enforcement in Washington, D.C., from 2006 to 2010. There, he led cases and policy development for FERC under the Energy Policy Act of 2005, including market manipulation cases (e.g., Amaranth/Hunter, the first FERC market manipulation case), electric reliability matters (e.g., Florida Blackout, the first FERC electric reliability case, Office of Enforcement lead on Order No. 693 that approved the Reliability Standards), general enforcement program matters (policy statement development, development of practices, prosecutorial discretion standards), and developing FERC's "Penalty Guidelines" that will have a significant impact on compliance programs and enforcement matters. These all have significance under the "$1 million per violation, per day" civil penalty authority implemented under EPAct 2005.

In private practice and in government, Todd has been involved in various forms of litigation and enforcement involving energy matters for more than 20 years.

In the News

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Todd Mullins
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T: +1 202 857 1752F: +1 202 828 33202001 K Street N.W.
Suite 400
Washington, DC 20006-1040
McGuireWoods

Representation of multiple energy traders in several FERC investigations.

Representation of client in FERC/NERC "Southwest Outages" Inquiry.

Representation of energy firms in CFTC and FERC trading investigations.

Representation of client in FERC/NERC "September 8 Event" Inquiry.

Assist electric clients with reliability compliance and audit preparation.

Counseling of multiple clients on FERC and NERC settlement and investigation matters.

Assist energy clients with compliance program design and employee training.

FERC

Amaranth/Hunter - FERC's first exercise of its anti-manipulation authority and the largest civil penalty case in its history. Litigated the case in the courts, and after settlement with all respondents except the lead trader Brian Hunter, at hearing at the Commission. This three-week, 13-witness, Commission ALJ hearing in August 2009 was the first trial of an enforcement matter under EPAct 2005, and resulted in a finding of manipulation and then record $30 million civil penalty.

Florida Blackout - FERC's first investigation under the new Electric Reliability Standards; coordinated with NERC investigation. Resulted in then record $25 million settlement and substantial compliance requirements.

Prior Private Practice

Litigation in energy sector including actual trial experience – jury trial, bench trial, arbitration, and appeal. Included prosecution of numerous claims in some of the largest complex multiparty cases in the history of the nuclear power industry against a major vendor for defective equipment (e.g., Carolina Power & Light Corp. v. Westinghouse Electric Corp., 1990 R.I.C.O. Business Disputes Guide (CCH) 7494 (W.D. Pa. 1990).

Selected for inclusion as a "Leading Lawyer," Energy Litigation: Conventional Power; Energy Regulatory: Conventional Power, Washington, D.C., Legal 500 US, 2017

Selected for inclusion as a "Leading Lawyer," Energy Litigation: Regulatory, Washington, D.C., Legal 500 US, 2016

Selected for inclusion as a "Leading Lawyer," Corporate Investigations And White-Collar Criminal Defense, Washington, D.C., Legal 500 US, 2016-2017

Selected for inclusion in America’s Leading Lawyers for Business, Energy & Natural Resources, USA, Chambers Global, 2015-2017

Selected for inclusion in America’s Leading Lawyers for Business, Energy: Electricity (Regulatory & Litigation), Nationwide, Chambers USA, 2012-2016

Co-author, "Adjudication of FERC Enforcement Cases: "See You in Court?"," Energy Law Journal, Volume 36:2 (2015)
Author, "0, 1, 2 or 3?: What is YOUR Compliance Score with the Federal Energy Regulatory Commission?," Corporate Compliance Insights, January 20, 2012
Co-contributor, "Report of the Compliance & Enforcement Committee," Energy Law Journal (EBA), Reliability Section, Spring 2011
Speaker, "Enforcement Thread," New Risk in Energy III: Defining and Managing Energy Trading Risk and Policy, March 2016
Speaker, "e-Discovery Skills Panel," Energy Bar Association’s Enforcers and Defenders Forum, March 2016
Speaker, "Primer on FERC Market Manipulation Rules," AGA Regulatory Conference, Albuquerque, NM, October 8, 2015
Speaker, FERC Enforcement Reporter: An Innovative Legal Research Tool, McGuireWoods LLP Complimentary Webinar, May 21, 2015
Speaker, "FERC Enforcement Practices," EEI Fall Legal Conference, October 31, 2014
Panelist, "Industry Response to Regulatory Investigations and Enforcement Actions and How to Shape Your Energy Trading Compliance Program as a Result (While Balancing the Cost)," 7th National Forum on Energy Trading Compliance and Regulatory Enforcement, American Conference Institute, June 6-7, 2013
Speaker, "Evaluating Your Compliance Program Under FERC's Penalty Guidelines," EthicsPoint Webinar, March 8, 2012
Panelist, "Enforcement Update," Tri-Annual, National Energy Compliance Forum, Last in January 2012
Speaker, "FERC's Penalty Guidelines," National Energy Compliance Forum, October 2010
Panelist, "Enforcement Developments," ACI Conference on Energy Trading Compliance, September 2010
Speaker, "FERC's New Penalty Guidelines," Energy Bar Association, July 2010
Speaker, "Recent FERC Enforcement Actions and Developments," EEI Auditors Conference, June 2010
Panelist, "CFTC and FERC Manipulation and Enforcement Practices," Energy Bar Association, Northeast Chapter, Conference on Commodity Futures Trading Commission, February 2010
Speaker, "Compliance Program Principles, Elements, Strengths, and Weaknesses," ACI Conference on Energy Trading Compliance, September 2009
Speaker, "FERC's Enforcement Program; Recent Developments and A Perspective For Practitioners," EBA Conference, October 2008
Speaker, "FERC's New Enforcement Program," Energy Compliance Network Conference, May 2007
Speaker, "FERC's New Enforcement Authority and Anti-Manipulation Rule," Global Energy Management Institute Conference on Speculation in Energy Trading Markets, January 2007