Max Minzner is a partner in the firm’s Energy Practice. Prior to joining the firm in 2017, he was General Counsel at the Federal Energy Regulatory Commission. He previously helped lead the enforcement arm of the Commission as Special Counsel. He is also a former federal prosecutor with deep experience in complex criminal and enforcement matters.
Mr. Minzner provides clients with extensive knowledge of the regulation of the wholesale energy markets. He combines his regulatory background with deep experience in administrative enforcement, compliance, and defense. He is also an accomplished litigator in both trial and appellate courts.
As General Counsel at FERC, Mr. Minzner oversaw the legal aspects of all of the agency’s work, including matters involving electricity, natural gas and oil. He supervised the appellate defense of the agency orders in the United States Courts of Appeals. During his time as General Counsel, he was responsible for the agency’s role in litigating and implementing the United States Supreme Court decisions in FERC v. EPSA, 136 S. Ct. 760 (2016) and Hughes v. Talen Energy Marketing, 136 S. Ct. 1288 (2016). While Special Counsel to the Director to the Office of Enforcement, he helped develop many of the core policies shaping the enforcement program at FERC including the agency’s approach to calculating civil penalties.
Mr. Minzner also served as an Assistant United States Attorney in Criminal Division in the Eastern District of New York, handling complex matters involving public corruption, international narcotics, and violent crime at all stages, from investigation and indictment through appeal. He was previously a member of the faculty at both the Benjamin N. Cardozo School of Law in New York and the University of New Mexico School of Law, where he helped guide the law school in two different Associate Dean roles. He has taught a range of courses including civil and criminal procedure and was awarded the UNM Presidential Teaching Fellowship, a lifetime achievement award given annually to a single professor University-wide to recognize excellence in teaching.
Mr. Minzner is one of the country’s leading scholars on administrative enforcement. His academic works on the subject include "Should Agencies Enforce?" 99 Minn. L. Rev. 2113 (2015); "A Sentencing Commission for the Administrative State?"104 Geo. L. Rev Online 87 (2015); "For-Profit Public Enforcement," 127 Harv. L. Rev. 857 (2014); and "Why Agencies Punish," 53 Wm. & Mary L. Rev. 853 (2012).