Worldwide market forces are reshaping the energy sector. Improvements in practice and technology are driving efficient, clean and competitive production, generation and management. In response, regulatory frameworks are evolving to reward performance and create broader market access for resources at all levels of the energy value chain. Changes in market and resource economics as well as environmental regulations are pressuring legacy assets from production to generation and disputes are multiplying. New transactional structures are emerging as project and portfolio origination and finance activities create new channels for capital.
Our multidisciplinary Energy Industry Group assists clients with navigating complex transactions, regulatory proceedings and disputes. We focus on advanced energy resources with a legal group that includes former energy management, development and finance executives, engineers, scientists and economists. We understand the business of energy and how the price of natural gas and the rise of distribution-level generation resources are changing the market. Our Energy Industry Group integrates lawyers across multiple practices for client groups, including energy, environmental, mergers and acquisitions, corporate and securities, commercial litigation, real estate, data privacy and information governance, intellectual property and corporate restructuring.
We work with a broad range of energy clients to implement effective procurement practices and develop advanced market-integrated on-site resources such as microgrids, utility- and community-scale generation, and solid and liquid fuel, and gas production facilities. We counsel communities, institutions, commercial and industrial energy users, independent power producers, energy technology companies, real estate developers, energy project developers and service providers, electric and gas utilities, waste disposal companies, financial institutions and underwriters, energy data companies, governments, consultants and private equity firms.
Our multidisciplinary group assists the energy sector with legal services, including:
- Bankruptcy and Corporate Restructuring
- Corporate and Securities
- Energy Customers
- Energy Industry Transactions
- Energy Litigation
- Energy Policy, Regulations and Market Design
- Government and Regulatory Affairs
- Sustainable Infrastructure
Bankruptcy and Corporate Restructuring
Our clients turn to us when their borrowers, customers or counterparties develop financial troubles, and we have decades of experience representing creditors, particularly major secured creditors, bond interests and finance companies. We have a national reputation representing indenture trustees and bondholder interests, and regularly act as default counsel for indenture trustees in major national cases.
Corporate and Securities
Our lawyers provide a full range of services to public and private companies, financial institutions, and institutional and individual investors in the energy sector.
We have extensive experience representing clients in sophisticated business transactions, such as mergers and acquisitions, joint ventures, debt financings, restructurings and reorganizations, public and private securities offerings and venture capital investments. We leverage our strong full-service firm platform to lead these transactions.
We help empower communities and energy customers to reduce and manage energy use and get the power and fuel they need. We assist customers with energy commodity purchases, behind-the-meter energy projects and sales of energy and ancillary services into wholesale markets and related regulatory issues.
Energy Industry Transactions
Our energy market work includes drafting and negotiating long-term power purchase agreements to support project financing of electric generating facilities and negotiated bilateral wholesale and retail contracts. We have assisted commercial and industrial customers as well as government and institutions with power, liquid fuel and natural gas among other energy commodity purchase and sale arrangements.
Our lawyers defend energy clients on matters such as land use development, wetlands issues, Clean Air Act enforcement and permitting, Clean Water Act, toxic tort and mold claims, Superfund and counterpart state statutes.
One of the cornerstones of our practice is our significant trial experience. Whereas other litigators may rarely see the inside of a courtroom, our group of more than 300 litigators has successfully tried hundreds of cases to verdict, efficiently managed class actions and multidistrict litigation and won major dispositive motions in state, federal and appellate courts around the country.
Energy Policy, Regulations and Market Design
Our lawyers have been involved with the evolution of energy and environmental markets for more than two decades and have drafted legislation and participated in regulatory proceedings that shaped the markets. We also counsel clients in the voluntary environmental marketplace, developing opportunities to demonstrate and communicate environmental stewardship in an efficient and effective manner.
Government and Regulatory Affairs
We counsel energy companies in those areas that are subject to significant government regulation, including antitrust, appropriations, communications and intellectual property. We rely on our deep industry focus to represent clients before regulatory agencies, analyze and advocate for the development of legislation and associated regulation.
We also advise clients on legislative and regulatory initiatives aimed at the development of energy and environmental markets. Our group members have been involved in numerous proceedings before energy regulatory agencies, typically involving structuring or advocating for transparent energy and environmental markets and the ability of energy customers to implement “grass roots” energy solutions.
We counsel developers, investors, underwriters, government agencies and private customers on the structuring, development and financing of energy and sustainability projects from microgrids to waste management and desalination facilities. We structure public/private partnerships and project financings. We also assist clients with integrating sustainability goals and requirements into their energy procurements, projects and enterprises.