Our Power team has a long track record of representing utility companies, power generators, gas producers, distribution companies and electricity providers in all types of development and financing matters, both domestically and internationally.
We also represent sellers, purchasers, lenders and investors involved in the transfer of power generation and transmission assets and in sales and purchases of interests in pipeline, storage, processing and local distribution facilities.
We offer our power industry clients a full range of legal services from finance, corporate, mergers and acquisitions, project development, securities, tax, antitrust, environment, federal and state regulation and dispute resolution to project-related agreements.
Purchase and Sale of Generation and Related Assets
We regularly represent energy and energy services clients in all forms of acquisitions and divestment transactions of power generation and other power assets. Given the endless array of legal issues that arise in connection with M&A transactions, our mergers and acquisitions lawyers regularly leverage the strengths of the entire firm in handling transactions. In addition to working with our Renewable Energy and Oil & Gas practices, our lawyers can also draw upon the expertise of world-class lawyers in virtually every discipline, including regulatory, intellectual property, technology, tax, employee benefits, environmental and real estate. Where transactions raise antitrust issues, our experienced antitrust and competition lawyers provide a full complement of services that can handle antitrust and world trade issues of any complexity in any jurisdiction.
Our focus is helping energy companies and investors interpret and interact with the complex laws and regulations impacting their businesses. We advise developers, owners, operators and acquirers of power projects and marketers of energy from power projects, as well as lenders and investors in these projects. Our work includes negotiating and securing regulatory approvals, and assisting energy companies in establishing and implementing their legal and regulatory compliance programs. We also routinely represent clients in hearings, investigations and contested actions before energy industry regulatory authorities.
Our finance experience covers a full range of debt and equity financing structures. With an extensive record of bringing award-winning projects to completion, we structure, negotiate and document the full array of project and financing agreements specific to power projects. Our experience includes project contract, power purchase agreements (PPAs), tolling agreements, engineering, procurement and construction contracts (EPC), operating and maintenance agreements, gas purchase and gas transportation agreements, hedges and all associated documentation.
Construction/Design Transactions and Disputes
We regularly advise on negotiating design/build, partial design/build and unique contracts for energy projects. Our lawyers work closely with clients’ design and construction teams from the inception of each project, to the completion of the relevant contacts and throughout project implementation. We advise on procurement, subcontracting, project risk allocation, interfaces between difference contracts and the negotiation and implementation of the contracts with the various bidders. That work includes advice to public and private clients on change orders, bid and performance bond matters, delays, force majeure, lien claims and dispute resolution in domestic and international tribunals.
We help clients in the power industry with a range of services including the purchase and sale of generation assets, project development and financing, power trading and environmental and utility regulatory matters.