Brandon N. Robinson | Large Headshot | Balch & Bingham

Brandon N. Robinson

Partner
  • (205) 226-3427
Download Resume bnrobinson@balch.com
Education
  • Duke University School of Law
    J.D., 2007,

    Duke Law Journal, Articles Editor

  • Duke University
    A.B., 2002,

    Spanish/Pre-Med

Bar Admissions
  • Alabama, 2007
About Brandon
Brandon is a Certified Information Privacy Professional (CIPP/US) as well as a LEED Green Associate (LEED GA). He has served as chair of the Energy Bar Association's System Reliability and Planning Committee, and was selected as a Rising Star Lawyer by the Birmingham Business Journal in 2015.
Q&A
  • What types of clients do you represent?

    I represent electric utilities and others in the energy industry on a variety of regulatory and 21st century technological issues. I also represent a wide variety of regulated and “less regulated” industries with respect to cybersecurity and data privacy.

  • How are you involved in your community?

    I co-founded the Lakeshore Foundation Junior Board in 2008 and remained as vice president for several years. I served on the Birmingham Multiple Sclerosis (MS) Leadership Class of 2015 and currently serve on its 2016 advisory council. In 2016, I also served on the Children's Hospital Committee for the Future. I have served on the board of the Alabama chapter of the U.S. Green Building Council since 2011. I have also served on several committees of the Energy Bar Association, American Bar Association, and Alabama State Bar, in addition to multiple pro bono projects.

  • What previous experiences, prior to your work at Balch, influence your practice?
  • What do you find most exciting about your work?

Select Matters

  • Unmanned Aerial Systems (“drones”): Regularly assist clients in creating employee policies as well as navigating compliance state and federal (FAA) rules regarding drone operations.
  • Fiber / Broadband / Telecommunications: Provided counsel to multiple Fortune 500 utilities throughout the Southeast and the Southwest on strategic partnerships regarding fiber optic cable; assisted in landmark state legislation involving the use of electric easements for broadband purposes; lead counsel on contracts involving fiber lease agreements, public Wi-Fi agreements; and other telecommunications/broadband related agreements; advised on federal and state broadband plans, strategies, and funding opportunities; provided advice and counsel on federal legislation involving broadband. 
  • Educational Privacy: Provide advice and counsel regarding compliance and contractual provisions with educational institutions around the Family Educational Rights and Privacy Act (“FERPA”).
  • Government Contracts: Assist government contractor in navigating Defense Federal Acquisition Regulations System (DFARS) 252.204-7012 (Safeguarding Unclassified Controlled Technical Information). 
  • NERC reliability policy: Regularly assist Fortune 500 utility in responding to FERC proposed rulemakings and other issues surrounding NERC reliability standards.
  • NERC reliability compliance: Provided assistance to Fortune 500 utility in preparing for NERC compliance audits and other compliance proceedings, responding to data requests from FERC, NERC, and Regional Entities, drafting of self-reports and other compliance-related documentation, performing NERC-related due diligence on potential transactions, drafting and negotiating contracts with third parties to address and allocate NERC compliance and other reliability-related risks, and other NERC compliance-related issues.
  • 21st century energy emerging issues: Provide advice and counsel regarding various issues including electric transportation, renewable and alternative energy technologies, negotiations of power purchase agreements, LEED certification, cost-based and market-based tariff rate filings, and other issues.
  • Data breach: Assisted Mississippi financial lending institution in assessing compliance with data breach notification requirements in a timely and effective manner; assist Fortune 500 company with data breach notification obligations following data breach; assist international nonprofit organization with analysis of data breach notification obligations following ransomware attack.
  • Industry standards development on privacy/cybersecurity: Assisted in the development and drafting of multiple industry standards addressing data security and privacy within the energy industry, including the Department of Energy’s (DOE) Voluntary Code of Conduct (DataGuard); NISTIR 7628 (Guidelines for Smart Grid Cybersecurity), and NAESB REQ.22 (Third Party Access to Smart Meter-based Information Model Business Practices).
  • Smart grid & privacy: Counseled Fortune 500 company in drafting and submitting comments in response to various requests for information regarding smart grid and privacy from various federal agencies, including DOE, Federal Trade Commission (FTC), Federal Communications Commission (FCC), DOC, and others.
  • Innovation: Assisted large Fortune 500 company in identifying and addressing regulatory risks associated with innovative projects involving technology, customer data, big data and IoT, telecommunications, and other emerging issues.
  • Contracts: Draft and/or review of vendor agreements, nondisclosure agreements, and other types of contracts with vendors, partners, and other third parties involving customer data, confidential and proprietary trade secrets and other information, and critical energy infrastructure information (CEII).
  • Federal funding opportunities: Served in primary role for Fortune 500 utility  in advising and providing counsel for Recovery Act (stimulus) funding throughout lifecycle of multi-million dollar project, including grant application, compliance and project management, and award closeout.

Publications

    News

      Speaking Engagements

        Credentials

        Education
        • Duke University School of Law, J.D., 2007,

          Duke Law Journal, Articles Editor

        • Duke University, A.B., 2002,

          Spanish/Pre-Med

        Courts
        • Supreme Court of Alabama, 2007
        • U.S. District Court, Northern District of Alabama, 2007
        • U.S. District Court, Southern District of Alabama, 2007
        • U.S. Department of Veterans Affairs, 2008-2016
        Bar Admissions
        • Alabama, 2007
        Professional Affiliations
        • Energy Bar Association
        • Fiber Broadband Association, Public Policy Committee
        • International Association of Privacy Professionals
        • American Bar Association
        • FBI InfraGard
        • Cyber Huntsville
        • Public Affairs Research Council of Alabama   
        Awards & Accolades
        • LEED Green Associate (LEED GA)
        • Certified Information Privacy Professional / United States (CIPP/US)
        • Mid-South Super Lawyers, Rising Star, 2012-present
        • Birmingham Business Journal, Rising Star Lawyer, 2015
        • B-Metro, Top Lawyer, 2017 & 2018
        • B-Metro Magazine, Top Lawyer, stars of the Bar, 2016-2018
        • EBA System Reliability and Planning Committee, 2009-2012; vice-chair 2012-2013; chair 2013-2014
        • American Bar Association, Section of Environment, Energy, and Resources, committee vice-chair
        • Birmingham Magazine, Top Attorney, 2018 & 2020
        Community Involvement
        • Birmingham Multiple Sclerosis (MS) Leadership Class of 2015
        • Birmingham Multiple Sclerosis (MS) Advisory Council of 2016
        • Children's Hospital of Alabama Committee for the Future 2016; Children's Table Committee, 2017 & 2018
        • Lakeshore Foundation Junior Board, co-founder; vice president, 2008 - 2012
        • Duke Law Alumni Association, regional partner, 2009-present; board member, 2009 - 2012
        • Public Affairs Research Council of Alabama (PARCA) Roundtable Executive Committee, President (2018)
        • Randolph School, Alumni Association President & Board of Trustees member
        Clerkships
        • U.S. District Court, Middle District of Alabama, Honorable W. Harold Albritton, III
        • 23rd Judicial Circuit of Alabama, Honorable Loyd H. Little, Jr.
        Languages
        • Spanish, Proficient