Mr. Cousineau is an accomplished litigator with first-chair trial experience. Mr. Cousineau focuses on complex litigations at the trial and appellate levels and at the Federal Energy Regulatory Commission (“FERC”). Although experienced in all aspects of litigation, he has developed a niche working with expert witnesses to develop facts, themes and theories that will resonate with judges, juries and other decision-makers. Mr. Cousineau has taken a number of cases from the initial stages of claims assessment through trial and appeal, either as part of a small team, or while managing large discovery and trial teams across multiple offices.
MEHRMr. Cousineau also counsels corporate clients investing in FERC-regulated entities and participating in FERC-regulated markets.
Representative Matters
- First-chaired two-week trial at FERC, on behalf of state regulatory agency, alleging market manipulation by suppliers in New England’s electric capacity and energy markets.
- Second-chaired trial at FERC, on behalf of state regulatory agency, regarding allocation of $831 million in costs for decommissioning a nuclear power plant, resulting in significantly lower charges to New England electricity customers.
- Second-chaired examination of witnesses during injunction hearing in patent case involving two leading multinational pharmaceutical companies; represented client in antitrust aspects of case, asserting monopolization claims, challenging bundled discounts, fraudulent assertion of patents, and other conduct.
- Secured favorable settlement for a manufacturer of Internet routers in Eastern District of Texas patent infringement lawsuit in which another defendant received a $28.1 million adverse jury verdict.
- Developed statistical analyses leading to $80 million and substantial injunctive relief in settlement of nationwide Title VII class action against Fortune 500 company. McReynolds v. Sodexho Marriott Services, Inc., 349 F. Supp. 2d 1 (D.C. 2004); McReynolds v. Sodexho Marriott Services, Inc., 349 F. Supp. 2d 30 (D.C. 2004).
- Represented state agencies in numerous matters assessing and correcting root causes of problems experienced as a result of deregulating energy markets. Work on these matters includes petitioning federal appellate courts to review FERC orders, petitioning FERC to deny unsupported cost increases requested by Regional Transmission Organizations, and petitioning FERC to alter rules that do not result in just and reasonable rates.
- Persuaded DC Circuit to alter stance on availability of habeas corpus relief.
- Represented municipality against federal preemption and dormant commerce clause claims.
- Managed international team of five experts in assessing the cause of power degradation on in-orbit satellites in fraud case against three contractors.
- Counseled clients on procedures for interconnecting to FERC-regulated transmission grids, and in particular on complying with Large Generator Interconnection Procedures (“LGIPs”) and in negotiating Large Generation Interconnection Agreements (“LGIAs”).
- Counseled clients investing in jurisdictional entities subject to FERC oversight and reporting requirements.
- Successfully represented pro bono client seeking withholding of removal after being tortured in Indonesia for his political beliefs.