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Morgan, Lewis & Bockius LLP

Brad Fagg

Tel:
Work 202 739 5191
Email:
Morgan, Lewis & Bockius LLP

Work Department

Litigation

Position

Brad Fagg is a partner in Morgan Lewis's Litigation Practice. Mr. Fagg represents sophisticated commercial clients in a wide variety of high-stakes contractual and regulatory disputes, federal procurement matters, government and internal investigations, and pre-dispute counseling matters. Mr. Fagg is a co-leader of the firm's Energy Litigation Practice and a co-leader of the firm's Government Contracting Practice. Since joining the firm in 1995, Mr. Fagg has handled scores of major matters for utilities and other energy companies, and has served as lead counsel for such companies in dozens of trials and appellate proceedings. Mr. Fagg is lead counsel for a majority of the nuclear utilities in the country in connection with claims against the government for breach of the federal government's obligation to accept and dispose of spent nuclear fuel‚ÄĒfor such clients he has secured multiple hundred-plus million dollar settlements and trial verdicts, successfully defended such awards upon appeal, and led Morgan Lewis teams that have won the industry an aggregate of well over $1 billion in judgments and settlements. In claims against the government, Mr. Fagg maximizes recovery through a deep knowledge of opposing counsel and presiding judges, and efficient deployment of pretrial resources. For more information, view Mr. Fagg's biography at www.morganlewis.com/bios/bfagg.

Career

Prior to joining Morgan Lewis, Mr. Fagg was a trial attorney in the Civil Division of the U.S. Department of Justice, where he handled civil fraud cases, procurement disputes, takings claims, and employment appeals. His trial work included construction and other commercial government contract disputes, multimillion dollar government contract claims, and civil fraud investigations. At the appellate level, Mr. Fagg briefed and argued a number of matters before the U.S. Court of Appeals for the Federal Circuit and other courts of appeal.

Member

President, Court of Federal Claims Bar Association (2008) Member, Court of Federal Claims Advisory Council Member, Federal Circuit Bar Association Member, District of Columbia Bar Association

Education

Columbia University Law School, 1988, J.D.; Wake Forest University, 1985, B.A.


United States: Industry focus

Energy litigation: conventional power

Within: Energy litigation: conventional power

Defending Southern California Gas Company in multiple lawsuits arising from the high-profile Aliso Canyon storage leak has formed a large portion of Morgan, Lewis & Bockius LLP's recent work. Notably, Los Angeles-based Jim Dragna and others succeeded in reaching a $8.5m settlement for the client with California’s South Coast Air Quality Management District. Elsewhere, a group led by DC-based Brad Fagg successfully represented Duke Energy in a class action in which the plaintiffs sought class certification for over a million customers, injunctive relief and the disgorgement of rates collected under Florida’s Nuclear Cost Recovery System. Besides these highlights, the team handles commercial litigation and breach-of-contract cases for conventional energy clients. Michelle Pector (Houston), John Gisleson (Pittsburgh) and Ezra Church (Philadelphia) are also recommended. The group was fortified by numerous promotions and new additions to the litigation practice in 2018.

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Energy litigation: oil and gas

Within: Energy litigation: oil and gas

International arbitration, construction-related litigation, regulatory litigation and enforcement proceedings are some key areas of activity for Morgan, Lewis & Bockius LLP's energy litigation practice. Recent highlights include a team led by Jim Dragna (Los Angeles) and Bryan Killian  (DC) acting for Anadarko Petroleum in six climate change lawsuits brought by municipalities and cities in California; the cases are currently on appeal at the Ninth Circuit. Elsewhere, Pittsburgh-based John Gisleson and others are representing Noble Energy in a statewide class action arising from the allegation that the client underpaid natural gas royalties to certain royalty owners, who are claiming millions of dollars in damages. Brad Fagg (DC), Michelle Pector (Houston) and Winstol Carter (Houston) are some key contacts. A number of internal promotions and additions have reinforced the team; of particular note is the arrival of Kenneth Polite in the Philadelphia office, who was former vice president and chief compliance officer at Entergy.

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Energy regulation: conventional power

Within: Energy regulation: conventional power

The 'extremely competent and client-friendly' practitioners at Morgan, Lewis & Bockius LLP are able to assist clients operating in all arenas of the conventional energy space. The firm's energy regulatory department is led  out of DC by Kathryn Sutton and Steve Spina; Sutton's expertise lies in nuclear power while Spina focuses on working with electric utilities. John Matthews and others are assisting Exelon Nuclear with the regulatory aspects of decommissioning Oyster Creek Generating Station, the oldest operating nuclear power plant in the country. Also of note, a group led by Brad Fagg and Paul Bessette successfully acted for Duke Energy in a breach of contract action against  the Department of Energy (DOE) pertaining to spent nuclear fuel damages; the client won $68.5m. Elsewhere, the team works on FERC investigations and provides regulatory assistance on transactions. Jane Accomando is the name to note for NRC enforcement; of counsel Joseph Lowell is also recommended. Accomando was made partner in October 2018. Grant Eskelsen is a 'top-notch associate'.

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