Kimberly E. Diamond

Senior Attorney New York
kimberly.diamond dbr.com
Phone: (212) 248-3199
Fax: (212) 253-4253

About

Kimberly E. Diamond is a transactional lawyer with a background in project finance, securitization, structured finance and secured lending, with a particular focus on renewable energy transactions. She has been involved in cutting-edge energy transactions, such as pooled clean energy financing, that have combined complex financing strategies with energy conservation and efficiency. She represents developers, government agencies, and other owners in these transactions, and has assisted clients in solar power transactions and bond refinancings for electric power generation facilities. Kim has represented funds, domestic and international commercial banks, financial institutions, asset managers, sponsors, large corporations, and others in numerous complex multimillion and multibillion-dollar CMBS, ABS, and RMBS securitizations, as well as other complex financing transactions, including CLOs, in the public and private markets, both domestically and internationally.

Kim is a recognized leader in the legal and energy communities and a thought leader in the renewable energy and energy policy areas. Her scholarship on onshore wind, offshore wind, climate change, finance, and other renewable energy topics has been published in prestigious law reviews, scholarly journals, and national trade publications. Her scholarship has been cited by the U.S. Court of Appeals for the Seventh Circuit, among other places.

Kim has also represented lenders and borrowers in asset-based loan facilities. She has represented clients based in South America, Australia, Canada, England, Iceland, and other countries. In addition to her extensive private practice experience, Kim served as in-house counsel at Credit Suisse, a global investment bank, where she covered the Fixed Income Desk.

Leading by example is Kim’s trademark when it comes to promoting renewable energy and encouraging its use. While she currently serves as Co-Chair of the American Bar Association’s (ABA’s) Special Committee on Congressional Relations in the Section of Environment, Energy & Resources (SEER), for the last three years, she served as Co-Chair of the over 500-member ABA SEER’s Renewable, Alternative, and Distributed Energy Resources (RADER) Committee, which, under her leadership, won Best Energy Committee of the Year, among other awards. As RADER Committee Co-Chair, Kim worked with the American Council on Renewable Energy (ACORE) and Bloomberg New Energy Finance to coordinate monthly webinars on various renewable energy topics. Additionally, she is Chair of the New York/New Jersey Chapter of Women of Wind Energy and is a Wind Energy Ambassador for the Wind Energy Foundation. Kim was also recognized as a 2014 finalist for a Clean Energy Education & Empowerment Award (C3E Award) for leadership and achievement in clean energy from the U.S. Department of Energy and the MIT Energy Initiative.

Kim regularly participates as a speaker or moderator in panels on finance, wind, climate change, and other renewable energy topics. Venues at which she has presented include the British Embassy, Columbia Business School, and the American Wind Energy Association’s (AWEA’s) WINDPOWER and Offshore WINDPOWER Conferences.

Clients value Kim for her approachability, as well as her ability to gain their confidence and trust. In addition to characterizing her as “highly professional and approachable,” clients appreciate her ability to provide thorough explanations, guide them through various processes, and interface with other parties to make transactions run more smoothly.

In addition to serving as an adjunct professor at Fordham Law School, Kim has also mentored teams of law students from NYU Law School’s Law and Social Entrepreneurship Association in the representation of small business owners from Rising Tide Capital’s entrepreneurs program for start-up companies.

Experience

  • Represent the Foundation for Renewable Energy and Environment under a contract with the Pennsylvania Treasury Department in the development of a statewide pooled energy efficiency bond finance program for governmental and non-profit organizations, supported by a grant from the West Penn Power Sustainable Energy Fund. An example of one project in this program is the Delaware Valley Regional Planning Commission’s Street Lighting Procurement Program, wherein 40 municipalities in southeastern Pennsylvania are transitioning to LED street lighting tailored to each municipality’s needs.
  • Represent the Delaware Sustainable Energy Utility as project and bond counsel in a pooled energy financing program for multiple state agencies, including educational institutions, in Delaware. The project includes development of transparent guaranteed energy savings contracts, the facilitation of interim bridge loan financing, and the management of the multiparty financial closing.
  • Represented a Comcast subsidiary as owner participant in a $162 million secured bond refinancing of a leveraged lease for a 630 MW coal-fired steam electric generating unit.
  • Represent the Microgrids Resources Coalition, a non-profit consortium of owners, operators, suppliers, and investors formed to advocate for policies and regulations that support microgrid development.
  • Represent Luz Solar, a subsidiary of NextEra Energy, in strategy formulations for a California appeal concerning property tax assessment of power generating systems with solar and non-solar components.
  • Represented Springpoint Senior Living with the negotiation of a Power Purchase Agreement (PPA) for one of its senior living campuses.
  • Represented a developer of energy efficient retrofitting projects in the development of its platform, including the development of various agreements to be used with its national customer base.

Recognitions

Legal Power List 2016: The Top 100 Lawyers Working in Wind, A Word About Wind
Finalist, 2014 Clean Energy Education & Empowerment Award (C3E Award), U.S. Department of Energy and the MIT Energy Initiative
Outstanding Mentor of the Year Award 2011 (Inaugural year of award), Women of Wind Energy (WoWE)
American Bar Association, Environment, Energy and Resources Section. Alternative and Distributed Energy Resources Committee, Co-Chair

Committee Awards Include:

  • Best Committee - Energy and Resources
  • Best Communications
  • Best Programs and Newsletters

Awards Methodology (www.drinkerbiddle.com/content/awards)

'Discussing my business with Kimberly Diamond and her team in order to revise and legally structure my contracts opened my eyes to a ton of pitfalls. Kim is simply an astounding person, always going the extra mile to share legal ideas, while keeping my goals at the forefront.'

CEO and Director of Noggin Seeds LLC

Legal Power List 2016: The Top 100 Lawyers Working in Wind, A Word About Wind

Credentials

Bar Admissions

  • New Jersey
  • New York

Education

  • Cornell Law School, J.D., 1987, Cornell International Law Journal
  • University of Michigan, Ann Arbor, A.B., with honors

Organizations

  • American Bar Association, Section of Environment, Energy and Resources
    • Special Committee on Congressional Relations, Co-Chair
    • Renewable, Alternative, and Distributed Energy Resources (RADER) Committee (Past Co-Chair)
    • Renewable, Alternative, and Distributed Energy Resources (RADER) Committee (Symposium Coordinator with Columbia Law School)
    • Energy and Environmental Markets and Finance Committee (Past Vice-Chair)Programs Committee for Quick Teleconferences (Past Vice-Chair)
    • Congressional Relations Task Force (Past Vice-Chair)
  • Women of Wind Energy (WoWE)
    • New York/New Jersey Chapter, Chair
    • 2016 National Leadership Forum, Steering Committee
    • 2015 National Leadership Forum, Steering Committee
    • Wind Vision Ambassador
  • Environmental Commission, Berkeley Heights, NJ (Past Mayor-Appointed Member), Water Usage Team, Sustainability Subcommittee (Past Chair)
  • Rising Tide Capital, Strategic Advisory Board