RESUME
MERCIA ELAYNE ARNOLD (She/her/hers)
**********@*******.*** 202-***-**** 571-***-****
Attorney (Energy, Telecom, Privacy, Government),
Economist & Regional Economic Policy Expert
Active Member of DC (#464200) & Maryland Bar
• Attorney Advisor
• Administrative Law & Economics Professional
Regional Economic, Energy, Transportation, Finance
& Information Infrastructure Policy Expert
• Adjunct Professor of Economics & Ethics
Advisor to over 15 AmLaw100 Defense Firms during Litigation and Investigations in over 30 engagements including Mergers & Acquisitions, Spinoffs, Bankruptcies, Internal Investigations, Federal Agency Investigations (Department of Justice and Federal Trade Commission and other Agencies) and Qui Tam proceedings in more than 15 Industries. Training in Ethics, E-Discovery Relativity, Kroll, Ringtail E-Discovery Firm: Date, Project Name, (AmLaw100 Law Firm) Matter/Task Description (Remote)(Other)
FTI (DC): Jan. 2023 – Mar. 2023 Project CO Arbitration Gibson Dunn Defense Investigation Priv. Remote (Training and Certifications in Harassment, Ethics and Confidentiality)
FTI (DC): Jan. 2023 Project Asia FTI International Liquidation Investigation. Remote.
FTI (DC): Dec. 2021 – Jan. 2023 Project Scale Robinson Coie(RC) Bankruptcy 524(g) QC Team Remote.
Transperfect (NY): Dec. 2020 -May 2021 King Spalding (KS) Dynacq Hospital Investigation Remote.
Transperfect (NY): Aug. 2020: Covid-19 related litigation Paul Weiss
(PW) Comtech v. Gilat Remote
KLDiscovery (Tysons): May 2019 - Feb. 2020: GPL Pipeline FTC 4(c ) 4(d) Lockelord, Nexstar [Telecom DOJ Settlement Kirkland & Ellis],
• Juris Doctor,
Georgetown
University Law
Center,
Washington, DC
1997
LOC/SLOC UCC Art. 5
• Real Estate Sales,
Temple
University,
Philadelphia, PA
1987
• Master of Arts,
Economics
Washington
University,
St. Louis, MO 1986
Urban League Debate
• Summer Graduate
School Orientation
Institute,
Carnegie-Mellon
University,
Pittsburgh, PA
1984
SBIR Research Fellow
• Bachelor of Arts,
Economics
Harvard
University,
Cambridge, MA
1984
Senior Thesis: Boston’s
Temporary Help Industry &
Industrial Labor Costs
EDUCATION
E-DISCOVERY COUNSEL EXPERIENCE 2005-2006 & 2010-2023 PAGE 2 OF 11
Mercia Elayne Arnold (She/her/hers) **********@*******.*** Administrative Law & Policy Professional 202-***-**** Attorney (Energy, Privacy, Telecommunications Government) Economist & Regional Economic Policy Expert 571-***-**** MassDOT [Lit. Prep. Greenberg Traurig], Hospitals.PRIV & QC
• Robert Half Legal: Aug-Nov 2018: Deposition Prep-Internal AkinGump (AG) PRIV
• Special Counsel: April/May/July/August 2017 FCA DOJ Williams & Connolly, (W&C)
• Special Counsel: Mar. 2017 Lisa HSR DOJ Linklaters (L)
• Compliance: Aug. 2016 - Feb. 2017 FDA Pharmaceutical Brilliant Finnegan(F)
• Compliance: July-Aug. 2016 Ark Internal Accounting Investigation, Defense.
• Special Counsel: June-July/Dec. 2016 Litigation.
• Inspired Discovery: Granite/Amethyst May 2016-June 2016 Confidential HSR 4(c ) review. Wilmer Hale (WH)
• Beacon Hill: Nutcracker Feb. 2016 - Apr. 2016 (Cranes & Services). Skadden (S)
• Epiq: Neutral II Nov. 2015 – Feb. 2016 (Oil Services)(WH)
• Compliance: Crane Jul.-Nov. 2015 (Autoparts Civil) Jones Day (JD)
• Compliance: Kona Jul. 2015 (Health Care HSR4(c),(d),(e) FTC) (JD)
• Epiq: Neutral Mar. – Jul. 2015 (Oil & Gas Exploration and Production Services, HSR 2 nd
R,
DOJ) (WH)
• Compliance: Star Jun. 2014 – Feb. 2015 (Telecommunications HSR 2 nd
R, DOJ, FCC, FTC)
Arnold & Porter (AP), Crowell & Moring (CM), Sidley & Austin (SA)
• Kelly Legal Services: Feb. – Mar. 2014 (FHFA Mortgage Backed Securities Litigation) (NA)
• Compliance: Rome Jan. – Feb. 2014 (Military Transportation Litigation) Blank Rome (BR)
• Epiq: Feb. 2014 (Rings HSR 2
nd
R)(WH)
• Epiq: *** Dec. 2013 (Telco HSR 4(c), (d),(e), DOJ)(WH)
• Epiq: Dec. 2013 (Pharmaceutical, Internal Document Review) New York Office
• Epiq: Tetris II, Aug.-Nov. 2013 (Airlines, HSR 2 nd
R, Priv. Team & Litigation DOT)
Cadwalader (CWT)
• Compliance: Aug. 2013 (Mobile Telco. HSR 2
nd
R & FCC)
• Epiq: Tetris, Mar.- May 2013 (Airlines HSR 4(c ), (d), (e) & 2 nd
R Priv. Review DOJ &
DOT)(CWT)
• Hudson: GA100, Feb. 2013 (Health Insurance Industry, HSR 2 nd
R)
PAGE 3 OF 11
Mercia Elayne Arnold (She/her/hers) **********@*******.*** Administrative Law & Policy Professional 202-***-**** Attorney (Energy, Privacy, Telecommunications Government) Economist & Regional Economic Policy Expert 571-***-****
• Compliance: RFC, Feb. 2013 (Internal accounting risk management; Banking)
• Compliance: Pelican II, Jan.-Feb. 2013 (Priv. Log; Energy Services)Vinson & Elkins (VE)
• LPI: Jan. 2013 (Federal Trade Commission; Investigation of nutritional provider)
• Tower Legal Services: Basil, Dec. 2012 (International Futures price fixing investigation) Cleary Gotlleib (CG)
• Compliance: Pelican, November 2012 (HSR 2
nd
R & Priv. Log; Energy Services)(VE)
• Tower Legal Services: Capri, Aug. – Oct. 2012 (FC; Insurance)(NA)
• Compliance: Arcturus, May 2012 (EEOC, Investigation)
• AdamsGrayson/Legal Source: Vlingo, Mar. 2012 ( IVR, HSR 2 nd
R)Wilson Sonsini (WS)
• Tower Legal Services: Maximum, Apr. – Dec. 2011 (intermittent) (Mobile HSR 2 nd
RFCC
DOJ) (NA)
• Tower Legal Services: Auto, Summer 2011 (Internet, HSR 2 nd
R DOJ) (WS)
• Tower Legal Services: Awesome, Aug. 2011 (Educational SAAS HSR 2 nd
R& Priv. Log
DOJ)(WS)
• AdamsGrayson/Legal Source: Apr. 2011 (Computer HSR 2 nd
R DOJ)(WS)
• AdamsGrayson/Legal Source: Apr. 2011 (Software, HSR 2 nd
R DOJ)(WS)
• Excelerated Discovery: Mar. 2011 (FDA; Patent, Pharmaceutical )
• Excelerated Discovery: *** Richmond, VA, Oct.-Nov. 2010 (Patent, Pharmaceutical )
• >>, *** Medical Fraud, Cardiac, Jan. – Feb. 2006 (Medical Fraud, Pharmaceutical)
• *** Merger Nov. – Dec. 2005, Howrey & Simon (HS)
• Kelly Legal Services: Oct. – Nov. 2005 (HSR; Cellular).Hogan & Hartson (HL) Advisor to non-profits and community groups on the exercise of procedural and substantive rights in matters determined by Administrative tribunals at the Federal and State level including Administrative Agencies in Education, Communication, Energy, Real Estate, Housing, and Transportation. Submitted comments in proceedings before the: Federal Communication Commission (ARIN BGP/RPKI),
PRO BONO & VOLUNTEER CONSULNG EXPERIENCE 2010 - PRESENT PAGE 4 OF 11
Mercia Elayne Arnold (She/her/hers) **********@*******.*** Administrative Law & Policy Professional 202-***-**** Attorney (Energy, Privacy, Telecommunications Government) Economist & Regional Economic Policy Expert 571-***-**** Department of Education (Relief From Inequitable Student Debt Burden) Presentations in Voluntary Standards Making Body Working Groups:
“ISO ISO? In Search Of An ISO Standard For Protecting Privacy and Trust When Using Required Government Data” at the Object Management Group
(OMG) Statistics Sub-working Group of the Government Domain Task Force
“Artificial Intelligence & Machine Learning Economic Theory” at OMG Statistics Sub-working Group of the Government Domain Task Force o Testimony before the District of Columbia City Council (Transportation)
• Participate in efforts to identify and develop consensus around standards for evolving federal data resources into monetizeable data resources without compromising privacy as collaborator in the Object Management Group Federal Staff Working Group. Collaborate to address the Federal Data Transparency Act implementation and develop requests for information on appropriate automated disclosure of government (federal) data.
• Advisor to BRCFintech collaborative efforts.
• Advisor & collaborative business development with blockchain and Web 3.0 entrepreneurs.
• Advisor to Enterprise Knowledge Graph Foundation working groups.
• Advisor to The Obsidian Group, Incorporated.
• Vestry St. Mary’s Foggy Bottom.
• Delegate to the Episcopal Diocese of Washington (EDOW) Convention
• Member, EDOW Strategic Responsible Investing Working Group
• Expand knowledge and credentials in network architecture, information security, governance, risk management and compliance through online portals, applications, certification programs & webinars.
• American Registry for Internet Numbering Virtual Fellow for ARIN 48. Monitor development of the ARIN number resource policy manual (NPRM) and advocate for ipv4 legacy allocation holder interests. Volunteer to select ARIN Virtual and in-person fellowship candidates. Attend virtual ARIN Meetings ARIN 48,49, 50.
• Follow network security providers, Cybersecurity Maturity Model Certifications and Small Business opportunities in the shift from on-premises to cloud-native ecosystems.
• Attend Small Business Administration webinars and training to understand opportunities and challenges for entrepreneurs dependent on internet channels for business success. PAGE 5 OF 11
Mercia Elayne Arnold (She/her/hers) **********@*******.*** Administrative Law & Policy Professional 202-***-**** Attorney (Energy, Privacy, Telecommunications Government) Economist & Regional Economic Policy Expert 571-***-****
• Executive Council, North Michigan Park Civic Association, Economic, real estate, political and legal support leading the Community to effectively stop a Low-Income Housing Tax Credit (LIHTC) equity-stripping project from destroying neighborhood property values.
• Construction Management Negotiations Counsel & Strategic Advisor, St. Mary's Vestry 2017-2019. Negotiated, litigated DC Construction Management Agreement. Leadership team for Church’s 150
th
Anniversary Celebration.
• Founding Boardmember, WeInspire 2017-2019. Assist with developing a nonprofit focused on aggregating and disseminating inspirational narratives online.
• Board of Directors, St. Mary’s Court Housing Development Corp. 2017-2019. Improved service delivery to vulnerable seniors, oversaw change in managerial oversight to meet and exceed HUD requirements, and increased on-site service delivery of services while researching LIHTC opportunities and public-private partnerships.
• Submission of comments before City Council on local transportation legislative proposals and participate in public forums on DMV traffic.
• Abnuit/REL 2010 – Present1
Project based advisor on Economic Development, Electricity and Zoning
• Represent non-profit before the Maryland Public Service Commission.
• Drafted Comments in FERC proceedings submitted by the non-profit Towards Utility Rate Normalization- Michigan on MISO Transmission Cost Allocation incentive rate- making as a consultant to Rolka, Loube & Associates.
• Assistant General Counsel, Maryland Public Service Commission (MPSC) 2006- 2006-2010
Advisor to MPSC on Electricity, Energy Markets, Transportation, Telecommunications, Water and Critical Infrastructure Privacy matters.
• Represented the State of Maryland at the Federal Energy Regulatory Commission during the integration of financial derivatives into the evolving generation capacity markets and socialized transmission asset cost allocation within the PJM Power Pool
• Advised Commissioners on Administrative decisions including retail electric (Standard Offer Service), water, natural gas and intrastate bus transportation rates, renewable energy matters and telecommunications.
1 With suspension of practice during certain E-Discovery Attorney engagements. ATTORNEY & COUNSEL 1997-2005 & 2006-2010
PAGE 6 OF 11
Mercia Elayne Arnold (She/her/hers) **********@*******.*** Administrative Law & Policy Professional 202-***-**** Attorney (Energy, Privacy, Telecommunications Government) Economist & Regional Economic Policy Expert 571-***-****
• Developed internal working group of technical and legal staff to collaborate on Commission policy prior to commenting on FERC policies and safeguarded Commission jurisdiction during FERC’s establishing of NERC responsibilities as the Electric Reliability Organization.
• Collaborated with the Staff of other State Commissions to address Market Monitoring issues in PJM prior to the creation of the Organization of PJM States Inc. (“OPSI”)
• Collaborated in the FERC Workgroup to advise the Commission and Governor on Renewable Energy Credit Policy and Regional Greenhouse Grass Initiative membership.
• Assess legal strengths and weaknesses of available (& novel) arguments to provide accurate, complete, and practical legal advice and conclusions.
• Applied basic professional legal knowledge to assignments including protection of critical infrastructure data during regulatory oversight of evolving markets.
• Conduct thorough legal research by appropriately identifying and analyzing relevant legal and factual issues and arguments.
• Proactive legal research and monitoring of state legislative initiatives.
• Proactively identifies and appropriately pursues solutions to effectively represent the Commission’s interests in responding to high priorities.
• Receive direction from a manager or higher level attorney regarding use of time and resources.
• Performs progressively more difficult assignments consisting of specific tasks designed for orientation purposes to enhance knowledge of Federal Energy Regulatory Commission’s programs, policies, and related legal issues and relieve higher level attorneys of routine detailed work.
• Kept Supervisor timely informed of developments on legal matters including electric grid and generation pricing and congestion issues, FOIA/sunshine Act, and transportation privacy-related issues for decision at a higher management level.
• Executed increasingly complex administrative law, energy law, state and federal jurisdictional law, regulatory, FOIA/Sunshine Act and interstate and interagency regulatory actions where the degree of guidance supplied varied with my familiarity with assignments and experience.
• Sought 360-feedback regarding quality and timeliness of service and used available technology and resources to expedite workflow.
• Effectively participates in appropriate training and/or learning activities at Independent System Operator School and the Institute of Public Utilities. PAGE 7 OF 11
Mercia Elayne Arnold (She/her/hers) **********@*******.*** Administrative Law & Policy Professional 202-***-**** Attorney (Energy, Privacy, Telecommunications Government) Economist & Regional Economic Policy Expert 571-***-****
• Trained in Utility Regulation and Independent System Operator functions.
• Produces communications that are well-organized, clear, and persuasive.
• Established the standard for referencing Maryland Public Service Commission decisions in the Blue Book.
• Legislative Counsel, Office of Hon. Vincent Gray (Ward 7) 2006 Advisor on Council legislative, fiscal and procedural matters.
• Sought feedback from clients regarding quality and timeliness of service;
• Conduct thorough legal research by appropriately identifying and analyzing relevant legal and factual issues and arguments.
• Assess legal strengths and weaknesses of available (& novel) arguments to provide accurate, complete, and practical legal advice and conclusions.
• Laws and regulations applicable to assignments are clear and specific.
• Effectively participates in appropriate training and/or learning activities.
• Produces communications that are well-organized, clear, and persuasive.
• Performed other duties as assigned.
• Committee Counsel, Education Libraries & Recreation Committee, Hon. Kevin P. Chavous, 2005
Advisor on Education, Libraries & Recreation legislation, and budgets.
• Draft Legislation, Committee Reports on Legislation, analyze and revise budget proposals; develop interrogatories for performance and budget support hearings; meet with stakeholders; develop Committee budget recommendations, negotiate with Council Staff and the Executive to achieve the Council Member’s objectives.
• Draft communications, talking points; letters to Capital Hill legislators and Committees; community outreach newsletter. Meet with advocacy groups.
• Produced Ward Seven Report of Councilmember’s Accomplishments. Conducted issue specific legal and policy research. Assist with implementing legislative processes to move laws, budgets, and resolutions to conclusion. Volunteer at Community Events.
• Track and report on Council of Governments Maryland-Ward Seven issues.
• Sought feedback from clients regarding quality and timeliness of service.
• Receive direction from a manager or higher-level attorney regarding use of time and resources.
PAGE 8 OF 11
Mercia Elayne Arnold (She/her/hers) **********@*******.*** Administrative Law & Policy Professional 202-***-**** Attorney (Energy, Privacy, Telecommunications Government) Economist & Regional Economic Policy Expert 571-***-****
• Conduct thorough legal research by appropriately identifying and analyzing relevant legal and factual issues and arguments.
• Assess legal strengths and weaknesses of available (& novel) arguments to provide accurate, complete, and practical legal advice and conclusions.
• Effectively participates in appropriate training and/or learning activities.
• Produces communications that are well-organized, clear, and persuasive.
• Senior Legislative Counsel, Office of Hon. Vincent B. Orange, (Ward 5) 2001-2005
Advisor on Law, Budgets, Fiscal, Constituents, and Committee matters. Draft legislation. Address constituent matters by intervention and advocacy with agency and executive office of the Mayor. Analyze and develop budget proposals. Speechwriter.
• Conduct thorough legal research by appropriately identifying and analyzing relevant legal and factual issues and arguments. Trained in Council Legislative Procedures.
• Advised Chair on Laws and regulatory proposals and procedures for moving legislation and budget proposals through the Committee after consultation with the Council’s Secretary and General Counsel.
• Received direction from Councilmember, Chief of Staff Commission Secretary and General Counsel of the Council regarding procedures, use of time and resources.
• Develop collaboratively with constituent input presentations on Crime, Redistricting, September 11
th
Response, and Anthrax Response.
• Track and report on COG Maryland-Ward Five issues.
• Associate Attorney, Thompson Coburn, LLP, Washington, DC 1999-2000 Advisor on economic foundations of electricity market reforms under evolving administrative law principles and regulatory standards (public power defense). o Litigation support at FERC for AMP-Ohio energy & antitrust matters. o Litigation support for FAA code-sharing & StarAlliance issues. o Litigation over state and federal control of ports in South Carolina.
• Conducted thorough legal research by appropriately identifying and analyzing relevant legal and factual issues and arguments.
• Represented clients before the United States Postal Rate Commission by performing progressively more difficult assignments and specific tasks to enhance knowledge of USPS programs, policies, and related legal issues and relieve higher level attorneys of routine detailed work.
PAGE 9 OF 11
Mercia Elayne Arnold (She/her/hers) **********@*******.*** Administrative Law & Policy Professional 202-***-**** Attorney (Energy, Privacy, Telecommunications Government) Economist & Regional Economic Policy Expert 571-***-****
• Performed progressively more difficult assignments consisting of specific tasks designed for orientation purposes to enhance knowledge of FAA’s programs, policies, and related legal issues and relieve higher level attorneys of routine detailed work.
• Performs progressively more difficult assignments consisting of specific tasks designed for orientation purposes to enhance knowledge of Federal Maritime Commission’s programs, policies, and related legal issues and relieve higher level attorneys of routine detailed work.
• Represented clients before the United States Postal Rate Commission and performs progressively more difficult assignments consisting of specific tasks designed for orientation purposes to enhance knowledge of Federal Energy Regulatory Commission’s programs, policies, and related legal issues and relieve higher level attorneys of routine detailed work.
• Effectively participated in appropriate training and/or learning activities.
• Supervised by Partner level attorney regarding use of time and resources.
• Associate Attorney, Duncan, Weinberg, Miller (Genzer) & Pembroke, LLC, Washington, DC 1997-1999
Advisor on viable interpretations of the interplay of applicable economic theories and Constitutional, statutory, and administrative procedural rights available to clients during the evolution of electricity markets in California. Litigation support for protecting 10th amendment rights of municipal and local entities and the Transmission Agency of Northern California. Protection of interests ultimately resolved by FERC and SCOTUS.
• Represent clients before FERC and performs progressively more difficult assignments consisting of specific tasks designed for orientation purposes to enhance knowledge of Federal Energy Regulatory Commission’s programs, policies, and related legal issues and relieve higher level attorneys of routine detailed work.
• Monitor Senate and Congressional Hearings on power pool issues.
• Conduct thorough legal research by appropriately identifying and analyzing relevant legal, economic, and factual issues and arguments.
• Review and revise cable company infrastructure contracts.
• Directed by a manager or higher level attorney regarding use of time. PAGE 10 OF 11
Mercia Elayne Arnold (She/her/hers) **********@*******.*** Administrative Law & Policy Professional 202-***-**** Attorney (Energy, Privacy, Telecommunications Government) Economist & Regional Economic Policy Expert 571-***-****
• DC Bar CLE, New Jersey CLE & Walter Chandler American Inns of Court (Bankruptcy)
• Expert Witness Economist, District of Columbia Public Service Commission
(DCPSC), Washington, DC 1990-1997.
Advisor to the DCPSC on Economics, Rate Design, Cost Allocation, Energy Conservation and LIHEAP issues in over 25 proceedings in electric, natural gas, telephone and transportation matters including rate cases, regulatory reform, and review of information filing requirements under cost of service ratemaking. NARUC Natural Gas Staff Committee.
After performing original research through discovery, federal, state, and private sector data, academic and community resources, develop and present and defend direct and rebuttal testimony
2
to complete the record as an advisor on electric rates, natural gas rates and telephone unbundling and embedded costs of service during rate increase, mergers and least-cost planning cases. Conduct regulatory oversight of company documents. Assist Counsel with Motions and Briefs. Train support staff. Published Research Article:
“Stranded Costs in the Telecommunications Industry.” NARUC training. Night student.
• Load Research Analyst, PEPCO 1989-1990.
Advise management on load duration and energy use by Customer class. Developed statistically based evidence of electricity usage by customer class for use in regulated electricity planning, litigation, and negotiation.
• Regional Forecaster, The WEFA Group, Inc., Bala Cynwyd, PA 1987-1989. Advise Wall Street, Government and Public Utility Consulting firm clients on regional economic growth drivers.
Research public and private data and integrate results to develop, maintain & manipulate regional state and municipal economic forecasting models, NYMOD and the real estate and construction forecast supporting the National Real Estate Index to provide short-run and long run perspectives on economic growth regional economic development fundamentals of employment, income, and residential and commercial property for banks, Wall Street financial institutions, utilities, state and federal governments.
• SBIR Economist/Researcher
2 E.g., Formal Cases Nos. 812 Phase II, 834 Phase III, 905, 912, 934, 935. ECONOMIST (1987-1997)
PAGE 11 OF 11
Mercia Elayne Arnold (She/her/hers) **********@*******.*** Administrative Law & Policy Professional 202-***-**** Attorney (Energy, Privacy, Telecommunications Government) Economist & Regional Economic Policy Expert 571-***-**** o CHI Research Haddon Heights, NJ 1986-1987 Patents & Stock prices o Carnegie-Mellon University, Pittsburgh, PA 1984 Entrepreneurs
• Developed curriculum to teach highly complex material by using relatable examples for increasing student learning in the classroom, and in on-line remote asynchronous sessions. Subjects include Economics (Micro-, Macro- & Managerial), Ethics, Personal Finance, Econometrics, Accounting, Game Theory. o University of the District of Columbia (Remote on Blackboard) o Trinity University (Washington, DC)
o Widener University (Chester, PA)
o Community College of Philadelphia (Navy Yard, Spring Garden) Phila., PA o Rutgers University, New Jersey—Camden Campus
o Varsity Tutors: Online & In-person Tutor
o Tutor, Roosevelt High School
o Designed and led SAT Prep program for children of Commission Staff resulting in full college scholarships based upon improved test scores.
o JumpStart Community Connections Pilot Program Volunteer & Team Lead. 3/3/23* ADJUNCT PROFESSOR & EDUCATOR 1986-2021