Donald A. Kaplan - K&L Gates

Donald A. Kaplan

Listed in Best Lawyers since 2008
Phone: 202-661-6266

Mr. Kaplan concentrates his practice in litigation and representation before courts and administrative agencies, with particular emphasis on antitrust, economic regulation, energy, and competition and pricing issues in regulated industries.

Before joining K&L Gates in 1990, Mr. Kaplan was special litigation counsel for the Antitrust Division of the United States Department of Justice for more than nine years.  Before that, he was chief of the Energy Section of the Antitrust Division.  He joined the Department of Justice in 1975.  As special litigation counsel, Mr. Kaplan conducted significant and complex litigation, regulatory interventions and investigations for the Antitrust Division, and was the Department's principal counsel before the Federal Energy Regulatory Commission.  He represented the Department in numerous major proceedings at the Commission involving the electric power, natural gas and petroleum pipeline industries.  He also conducted litigation and merger investigations in a variety of energy industries, as well as the oil field equipment and services, financial services and postal services industries.

Since joining K&L Gates, Mr. Kaplan has developed an extensive practice before the FERC.  He has been active in a wide variety of issues, including electric utility restructuring and reorganization; mergers and asset acquisitions; Regional Transmission Organization structure and wholesale markets; transmission rates, cost allocation and open access; market power and market-based rates; and federal wholesale and state retail competition.    He has also has testified as an expert witness before a state commissions on competition issues.

In addition to his regulated energy practice, Mr. Kaplan represents clients on mergers, antitrust investigations and litigation in the publishing industry.  He also was special trial counsel for the United States in its successful arbitration against the United Kingdom over Heathrow Airport user charges.

Mr. Kaplan is a 1970 cum laude graduate of the Harvard Law School.  He clerked for the Hon. John F. Dooling, Jr. of the U.S. District Court for the Eastern District of New York.  He is a member of the U.S. Supreme Court, New York and Washington, DC bars, and is also a member of the American Bar Association, including its Antitrust, Administrative, and Public Utility Law Sections, and has been the chair of the Energy Bar Association's Antitrust Committee.  He has spoken at numerous seminars and bar association conferences.

Harvard Law SchoolJ.D. Rutgers UniversityAB

Case History

Other Court Admissions
  • Supreme Court of the United States
  • United States Court of Appeals for the District of Columbia Circuit
  • United States Court of Appeals for the Fourth Circuit
  • United States Court of Appeals for the Ninth Circuit
  • United States Court of Appeals for the Second Circuit
  • United States Court of Appeals for the Seventh Circuit
  • United States District Court for the District of Columbia
  • United States District Court for the District of Maryland
  • United States District Court for the Eastern District of New York
  • United States District Court for the Southern District of New York

Office Location

1601 K Street, NW
Washington, DC 20006-1600
United States

Practice Areas

Energy Law