Balch & Bingham has brought on energy lawyer Todd Kimbrough from Holland & Knight to lead its expansion into Austin.
The Birmingham-based law firm is among a handful of national firms – Kirkland & Ellis, Gunderson Dettmer and O’Melveny – to expand into the state capital this year. Balch broke into Texas in January 2020 by launching a Houston office that now has seven attorneys.
Kimbrough advises energy clients on electricity and natural gas regulations and economic issues associated with energy infrastructure and market design. He said his familiarity with the Balch team and the ability to offer his clients “one of the largest utilities practices of any law firm in the country” were key reasons in deciding to make the move.
The opportunity to build out Balch’s Texas presence was also enticing.
“Texas growth is the focus. Especially in energy, there is a clear connection between Austin and Houston,” he said. “Houston is a global hub for energy, but Austin’s legislative and regulatory activities as well as its increasing role in renewables make a very close relationship between Houston and Austin lawyers vitally important.”
Over his career, Kimbrough has been involved in the approval and development of more than $25 billion in electricity infrastructure improvements. He has also served a brief stint as general counsel and interim CEO of Lubbock Power & Light, the third-largest municipal utility in Texas, and a couple of years as a senior attorney of regulatory affairs for NextEra Energy.
The experience at LP&L taught him the critical importance of the role of outside counsel as a strategist.
“This is especially true when the client relationship is deep enough and long enough to have a good understanding of client’s broad goals,” he said. “Simply answering a legal question in a silo offers limited value and many lawyers can do that.”
The repercussions of Winter Storm Uri are front and center for Kimbrough and his clients – and will be for awhile.
“The storm has spurred significant litigation, changes in law, changes in regulation, the bankruptcy of a major electric cooperative and existential questions related to the competitive electricity market in Texas itself,” he said.
Kimbrough pointed out that the electricity industry is also contending with significant challenges and opportunities related to technological changes in storage, renewables and on-site generation.