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	<title>
	Comments on: Powhatan&#8217;s zingers in FERC case	</title>
	<atom:link href="https://www.overlawyered.com/2015/02/powhatans-zingers-ferc-case/feed/" rel="self" type="application/rss+xml" />
	<link>https://www.overlawyered.com/2015/02/powhatans-zingers-ferc-case/</link>
	<description>Chronicling the high cost of our legal system</description>
	<lastBuildDate>Sun, 22 Feb 2015 12:24:17 +0000</lastBuildDate>
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	<item>
		<title>
		By: bob		</title>
		<link>https://www.overlawyered.com/2015/02/powhatans-zingers-ferc-case/comment-page-1/#comment-319958</link>

		<dc:creator><![CDATA[bob]]></dc:creator>
		<pubDate>Sun, 22 Feb 2015 12:24:17 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=51693#comment-319958</guid>

					<description><![CDATA[I&#039;ve certainly written snarky briefs and letters to regulators, but this one goes a bit beyond snark and it has to be purposeful.  The firm that authored the brief is well respected in DC circles and I doubt they would have written this brief with this over-the-top sarcasm contrary to their client&#039;s direction.  The brief is funny, full of common sense argument, but I think it loses some effectiveness by use of words like &quot;lame.&quot;]]></description>
			<content:encoded><![CDATA[<p>I&#8217;ve certainly written snarky briefs and letters to regulators, but this one goes a bit beyond snark and it has to be purposeful.  The firm that authored the brief is well respected in DC circles and I doubt they would have written this brief with this over-the-top sarcasm contrary to their client&#8217;s direction.  The brief is funny, full of common sense argument, but I think it loses some effectiveness by use of words like &#8220;lame.&#8221;</p>
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		<title>
		By: Kevin gates		</title>
		<link>https://www.overlawyered.com/2015/02/powhatans-zingers-ferc-case/comment-page-1/#comment-319922</link>

		<dc:creator><![CDATA[Kevin gates]]></dc:creator>
		<pubDate>Fri, 20 Feb 2015 23:26:45 +0000</pubDate>
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					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2015/02/powhatans-zingers-ferc-case/comment-page-1/#comment-319919&quot;&gt;Allan&lt;/a&gt;.

Allan:  We&#039;re just trying to defend ourselves.  That&#039;s it.  Kevin]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2015/02/powhatans-zingers-ferc-case/comment-page-1/#comment-319919">Allan</a>.</p>
<p>Allan:  We&#8217;re just trying to defend ourselves.  That&#8217;s it.  Kevin</p>
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		<title>
		By: Victor		</title>
		<link>https://www.overlawyered.com/2015/02/powhatans-zingers-ferc-case/comment-page-1/#comment-319920</link>

		<dc:creator><![CDATA[Victor]]></dc:creator>
		<pubDate>Fri, 20 Feb 2015 22:14:47 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=51693#comment-319920</guid>

					<description><![CDATA[I&#039;ve been following this one! Facing a shakedown from a regulator with whom they didn&#039;t need to maintain a good relationship, these guys made the decision to fight, and they&#039;re doing it in the court of public opinion. 

They&#039;ve released their correspondence and legal filings on &lt;a href=&quot;http://ferclitigation.com&quot;/ rel=&quot;nofollow&quot;&gt;their website&lt;/a&gt;, they&#039;ve made &lt;a href=&quot;https://www.youtube.com/watch?v=OxbGRdIFLms&quot; rel=&quot;nofollow&quot;&gt;a slick video&lt;/a&gt; with some very credentialed experts saying they did no wrong, they actively &lt;a href=&quot;http://twitter.com/powhatanfundllc&quot; rel=&quot;nofollow&quot;&gt;Tweet&lt;/a&gt;.  I&#039;d expect no less than blunt legal filings from these guys.

Google &lt;a href=&quot;https://www.google.com/search?q=powhatan+ferc&quot; rel=&quot;nofollow&quot;&gt;&quot;Powhatan FERC&quot;&lt;/a&gt; to see how effective they have been at generating press and awareness. They&#039;ve reached the &lt;a href=&quot;http://www.wsj.com/articles/SB10001424052702304178104579533693554509288&quot; rel=&quot;nofollow&quot;&gt;Wall Street Journal&lt;/a&gt; and &lt;a href=&quot;&quot; rel=&quot;nofollow&quot;&gt;Forbes&lt;/a&gt;. Their names have been spoken by Senators. 

The tone of the letter might not be your particular style, but a lot of people might not have otherwise read it. It&#039;s hard to argue with the success they&#039;ve had at raising awareness with tactics like this. They&#039;ve brought a lot of light to what is usually a hustle in a darkened backroom.]]></description>
			<content:encoded><![CDATA[<p>I&#8217;ve been following this one! Facing a shakedown from a regulator with whom they didn&#8217;t need to maintain a good relationship, these guys made the decision to fight, and they&#8217;re doing it in the court of public opinion. </p>
<p>They&#8217;ve released their correspondence and legal filings on <a href="http://ferclitigation.com/" rel="nofollow">their website</a>, they&#8217;ve made <a href="https://www.youtube.com/watch?v=OxbGRdIFLms" rel="nofollow">a slick video</a> with some very credentialed experts saying they did no wrong, they actively <a href="http://twitter.com/powhatanfundllc" rel="nofollow">Tweet</a>.  I&#8217;d expect no less than blunt legal filings from these guys.</p>
<p>Google <a href="https://www.google.com/search?q=powhatan+ferc" rel="nofollow">&#8220;Powhatan FERC&#8221;</a> to see how effective they have been at generating press and awareness. They&#8217;ve reached the <a href="http://www.wsj.com/articles/SB10001424052702304178104579533693554509288" rel="nofollow">Wall Street Journal</a> and <a href="" rel="nofollow">Forbes</a>. Their names have been spoken by Senators. </p>
<p>The tone of the letter might not be your particular style, but a lot of people might not have otherwise read it. It&#8217;s hard to argue with the success they&#8217;ve had at raising awareness with tactics like this. They&#8217;ve brought a lot of light to what is usually a hustle in a darkened backroom.</p>
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		<title>
		By: Allan		</title>
		<link>https://www.overlawyered.com/2015/02/powhatans-zingers-ferc-case/comment-page-1/#comment-319919</link>

		<dc:creator><![CDATA[Allan]]></dc:creator>
		<pubDate>Fri, 20 Feb 2015 22:10:13 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=51693#comment-319919</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2015/02/powhatans-zingers-ferc-case/comment-page-1/#comment-319917&quot;&gt;Kevin Gates&lt;/a&gt;.

{/snark on}

Little boy in a coversation with a big bully

LB:  Why did you hit me in the mouth?  You can&#039;t do that.

BB:  Because I wanted to.  Here is another.

LB:  You broke my nose

BB: So?

LB:  I really don&#039;t think you should hit me for no reason.   I will go to the pollice if you hit me again.  You really are a pathetic imbecile and your mother should have aborted you. 

BB:  Really?  I think I will shoot you in the kneecap now.

Do you think the little boy with the broken head feels any better now that the bully is in jail for assault?  I mean, really, he could have gotten away with a bloody lip and a broken nose, with the same result.  Instead, he got himself a broken kneecap.  He was arrogant.  I don&#039;t sympathize with the bully or excuse what he did.  But, should the boy have expected further injury, knowing he was antagonizing a person he knew was violent?

{/snark off} 

This litigation must cost money, time, and effort.  I just don&#039;t see how antagonizing the FERC staff does anyone any good.

On the other hand, you and your brother are really, really wealthy.  And your trading techniques seemed to be very clever.  Perhaps there is something to learn here.  Obviously, I am too obtuse to understand the strategic thinking you are employing.  Any help?]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2015/02/powhatans-zingers-ferc-case/comment-page-1/#comment-319917">Kevin Gates</a>.</p>
<p>{/snark on}</p>
<p>Little boy in a coversation with a big bully</p>
<p>LB:  Why did you hit me in the mouth?  You can&#8217;t do that.</p>
<p>BB:  Because I wanted to.  Here is another.</p>
<p>LB:  You broke my nose</p>
<p>BB: So?</p>
<p>LB:  I really don&#8217;t think you should hit me for no reason.   I will go to the pollice if you hit me again.  You really are a pathetic imbecile and your mother should have aborted you. </p>
<p>BB:  Really?  I think I will shoot you in the kneecap now.</p>
<p>Do you think the little boy with the broken head feels any better now that the bully is in jail for assault?  I mean, really, he could have gotten away with a bloody lip and a broken nose, with the same result.  Instead, he got himself a broken kneecap.  He was arrogant.  I don&#8217;t sympathize with the bully or excuse what he did.  But, should the boy have expected further injury, knowing he was antagonizing a person he knew was violent?</p>
<p>{/snark off} </p>
<p>This litigation must cost money, time, and effort.  I just don&#8217;t see how antagonizing the FERC staff does anyone any good.</p>
<p>On the other hand, you and your brother are really, really wealthy.  And your trading techniques seemed to be very clever.  Perhaps there is something to learn here.  Obviously, I am too obtuse to understand the strategic thinking you are employing.  Any help?</p>
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		<title>
		By: Kevin Gates		</title>
		<link>https://www.overlawyered.com/2015/02/powhatans-zingers-ferc-case/comment-page-1/#comment-319917</link>

		<dc:creator><![CDATA[Kevin Gates]]></dc:creator>
		<pubDate>Fri, 20 Feb 2015 20:49:49 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=51693#comment-319917</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2015/02/powhatans-zingers-ferc-case/comment-page-1/#comment-319915&quot;&gt;Allan&lt;/a&gt;.

Thanks for sharing your interesting thoughts, Allan.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2015/02/powhatans-zingers-ferc-case/comment-page-1/#comment-319915">Allan</a>.</p>
<p>Thanks for sharing your interesting thoughts, Allan.</p>
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		<title>
		By: Allan		</title>
		<link>https://www.overlawyered.com/2015/02/powhatans-zingers-ferc-case/comment-page-1/#comment-319915</link>

		<dc:creator><![CDATA[Allan]]></dc:creator>
		<pubDate>Fri, 20 Feb 2015 20:30:07 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=51693#comment-319915</guid>

					<description><![CDATA[Mr. Gates,

You actually paid good money for this?  Boy, I want you as a client.

I don&#039;t have any opinion on whether FERC is right or not.  I just don&#039;t think that this is an effective litigation tactic if you want to avoid going to court.  If you wanted to win at FERC, this was not the way do do it.  If you want to go to court, why waste the money?

All I can figure is that you want revenge (IMHO, this brief does not do it).  Or you wanted to be funny.

Best regards.]]></description>
			<content:encoded><![CDATA[<p>Mr. Gates,</p>
<p>You actually paid good money for this?  Boy, I want you as a client.</p>
<p>I don&#8217;t have any opinion on whether FERC is right or not.  I just don&#8217;t think that this is an effective litigation tactic if you want to avoid going to court.  If you wanted to win at FERC, this was not the way do do it.  If you want to go to court, why waste the money?</p>
<p>All I can figure is that you want revenge (IMHO, this brief does not do it).  Or you wanted to be funny.</p>
<p>Best regards.</p>
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		<title>
		By: DEM		</title>
		<link>https://www.overlawyered.com/2015/02/powhatans-zingers-ferc-case/comment-page-1/#comment-319914</link>

		<dc:creator><![CDATA[DEM]]></dc:creator>
		<pubDate>Fri, 20 Feb 2015 20:10:51 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=51693#comment-319914</guid>

					<description><![CDATA[I think the brief is inflammatory (probably justifiably) but very persuasive on the key substantive points.  It certainly draws attention.  The upside of that approach is that&#039;s actually interesting to read.  It&#039;s very difficult to write a brief the reader won&#039;t want to put down, but Drinker managed to do it in this case.]]></description>
			<content:encoded><![CDATA[<p>I think the brief is inflammatory (probably justifiably) but very persuasive on the key substantive points.  It certainly draws attention.  The upside of that approach is that&#8217;s actually interesting to read.  It&#8217;s very difficult to write a brief the reader won&#8217;t want to put down, but Drinker managed to do it in this case.</p>
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		<title>
		By: Allan		</title>
		<link>https://www.overlawyered.com/2015/02/powhatans-zingers-ferc-case/comment-page-1/#comment-319913</link>

		<dc:creator><![CDATA[Allan]]></dc:creator>
		<pubDate>Fri, 20 Feb 2015 19:53:21 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=51693#comment-319913</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2015/02/powhatans-zingers-ferc-case/comment-page-1/#comment-319907&quot;&gt;Jen G.&lt;/a&gt;.

Jen,

You may be correct.  But that brief must have taken hours to write.  The only thing it could possibly do is get publicity for their clients.  And, presumably, their clients are paying for it.  I hope it is worth the client&#039;s money.  

FWIW, I don&#039;t know who is right or wrong on the issue.  All I have read is this filing, which does not even explain what the client is accused of doing (or at least does not explain well).]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2015/02/powhatans-zingers-ferc-case/comment-page-1/#comment-319907">Jen G.</a>.</p>
<p>Jen,</p>
<p>You may be correct.  But that brief must have taken hours to write.  The only thing it could possibly do is get publicity for their clients.  And, presumably, their clients are paying for it.  I hope it is worth the client&#8217;s money.  </p>
<p>FWIW, I don&#8217;t know who is right or wrong on the issue.  All I have read is this filing, which does not even explain what the client is accused of doing (or at least does not explain well).</p>
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		<title>
		By: Kevin Gates		</title>
		<link>https://www.overlawyered.com/2015/02/powhatans-zingers-ferc-case/comment-page-1/#comment-319912</link>

		<dc:creator><![CDATA[Kevin Gates]]></dc:creator>
		<pubDate>Fri, 20 Feb 2015 19:06:25 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=51693#comment-319912</guid>

					<description><![CDATA[If you&#039;re interested in learning more about FERC&#039;s investigation of Powhatan, please visit www.ferclitigation.com. There&#039;s an overview video on the homepage that&#039;s particularly insightful.  Lots of other stuff too.  Enjoy! 

Kevin Gates
VP of Managing Member
Powhatan Energy Fund LLC]]></description>
			<content:encoded><![CDATA[<p>If you&#8217;re interested in learning more about FERC&#8217;s investigation of Powhatan, please visit <a href="http://www.ferclitigation.com/" rel="nofollow ugc">http://www.ferclitigation.com/</a>. There&#8217;s an overview video on the homepage that&#8217;s particularly insightful.  Lots of other stuff too.  Enjoy! </p>
<p>Kevin Gates<br />
VP of Managing Member<br />
Powhatan Energy Fund LLC</p>
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		<title>
		By: Victor		</title>
		<link>https://www.overlawyered.com/2015/02/powhatans-zingers-ferc-case/comment-page-1/#comment-319908</link>

		<dc:creator><![CDATA[Victor]]></dc:creator>
		<pubDate>Fri, 20 Feb 2015 17:31:34 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=51693#comment-319908</guid>

					<description><![CDATA[Maybe this is what you need to do to wake up a sleepy regulator.]]></description>
			<content:encoded><![CDATA[<p>Maybe this is what you need to do to wake up a sleepy regulator.</p>
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