Energy

Our Energy Practice combines industry knowledge with first-hand experience to provide clients with timely advice and innovative solutions. Our senior lawyers have a proven track record in energy corporate transactions, regulatory/legislative matters, litigation/arbitration and environmental matters across all segments of the industry. We guide clients through strategic decisions, policy initiatives, commercial transactions, project financing and development, regulatory compliance, competition law, IP rights and tax matters, credit trading, and litigation.

We represent clients in many types of energy and infrastructure projects, and we advise energy companies, project developers, investors, regulatory authorities, emerging businesses, and other energy industry participants in important aspects of their business. Our experience within many segments of the energy industry, coupled with our lawyers’ transactional, regulatory, and litigation capabilities, gives us a strong position from which to provide energy and natural resources-related legal services of the highest quality.

In addition, our team has developed a particular strength in structuring renewable energy projects, such as wind, hydroelectric and geothermal facilities. We are extensively representing clients involved in renewable energy and energy efficiency initiatives and we have handled an increasing number and variety of deals for developers, production facilities, and other industrial companies in the renewable energy sector.

Our lawyers work in all areas of energy-related regulatory, legislative, transactional/corporate and litigation matters. In particular:

Corporate/Mergers & Acquisitions

Working in conjunction with other disciplines within the firm, our lawyers represent a diverse group of clients regarding:

• Mergers and acquisitions of energy and natural resource companies
• Acquisitions and divestitures of project assets
• Development and review of ownership and project structures/tax planning
• Antitrust and IP rights guidance
• Corporate governance and general corporate advice.

Energy Projects & Infrastructure

Our lawyers represent developers, borrowers, lessors, lessees, lenders, constructors, equipment suppliers, governmental entities, and other project participants. In particular, our services include:

• Representation in connection with the structuring, development, building, financing, acquisition or sale of energy and infrastructure projects
• Negotiation and structuring of joint development, limited partnership, limited liability and other types of agreements for project participants
• Advice on construction and operational issues as well as experience in EPC contracting and construction-related disputes and litigation and arbitration
• Advice regarding structuring, development, construction, financing, operating, purchase and sale of alternative energy projects. For instance: power projects utilizing alternative or renewable fuels such as wind, geothermal, solar, waste (municipal, industrial and agricultural)
• Representation in connection with real estate, land use approvals, and siting issues
• Negotiation of contracts, including power purchase, interconnection, engineering, construction, operation, procurement, maintenance and power marketing and trading agreements
• Counsel regarding the regulatory and environmental compliance of the said projects.

Regulatory and Governmental Affairs

Our team represents energy companies in all aspects of regulatory matters. We understand the importance of tailoring regulatory strategies to meet the unique needs of a particular client and accommodate existing and anticipated regulation. We know how the regulatory agencies work because we have attorneys who have held senior positions in government agencies. Our regulatory experience includes:

• Representation of market players before the Regulatory Authority for Energy (RAE) and other relevant agencies in a wide range of regulatory matters, licensing and certification proceedings
• RAE and other agencies’ enforcement proceedings
• RAE compliance and transaction approval cases
• Power plant and transmission siting
• Environmental permitting and enforcement
• Certificate and licensing proceedings
• Administrative and court litigation regarding allegations of market manipulation and the exercise of market power
• Investigations by RAE and other agencies
• Rulemaking proceedings
• Representation of market players in merger proceedings
• Assistance for companies in complying with energy regulations
• Representation of clients in appellate court cases involving RAE and other state agencies’ orders
• Representation of market players on safety laws and regulations
• Enforcement investigation and litigation
• Administrative litigation concerning tariff filings and complaint proceedings
• Wholesale market design and structure issues
• Capacity market proceedings and resource adequacy obligations
• Transmission and interconnection as well as sitting and permitting issues
• Tariff modifications and rate setting
• Rulemakings

Litigation, Arbitration and Dispute Resolution

Our team provides full service litigation and litigation support representation in contested matters. We blend our strong commercial litigation and arbitration practices with an in-depth understanding of the energy industry to provide practical and aggressive representation of our clients’ rights.

Our experience includes:

• Power purchase agreement disputes
• Project finance and development disputes, including financial defaults
• Construction and major equipment lawsuits
• Contested mergers, acquisitions and RFPs
• Defense of regulatory enforcement proceedings
• Representation of energy companies in litigation and other dispute resolution proceedings involving upstream, downstream and power generation litigation
• Representation of energy companies in antitrust and related litigation involving alleged monopolization (abuse of dominant position) and market manipulation
• Representation of energy companies in state aid proceedings
• Representation of energy companies in construction project dispute resolution.

In summary, our Energy Practice has specific experience in the following broad areas:

• Energy Regulatory, Compliance & Government Affairs
• Energy Antitrust & IP Rights Counsel
• Energy M&A & Corporate
• Energy Development & Infrastructure Projects
• Energy Litigation & Arbitration
• Energy Renewable Power