With climate change at the forefront of global political discourse, investors, entrepreneurs and long-established energy companies are competing to address and create innovative products and solutions to bring to the global marketplace. Whether you are an emerging or public company, seeking assistance in obtaining capital investments or government funding, building your first commercial plant, or seeking guidance on complying with energy and environmental regulations, our integrated Energy and Cleantech team will guide you through the complex legal, financial and regulatory challenges.

Our clients represent virtually every facet of the Energy and Cleantech industry worldwide, from established providers of traditional public utility services and fossil fuels, to start-up firms exploring the latest in alternative fuel technology including: 

• Electricity generation, transmission distribution, oil and gas companies 
• Private equity funds, investment companies, advisors and private investors 
• Energy-related technology companies 
• Energy developers

Representative Experience
We provide our Energy & Cleantech clients with a broad range of legal capabilities including:

Business Restructurings 

• Mediated $14 billion in natural gas contract disputes in the largest gas transmission bankruptcy in the U.S.
• Represent second lien lenders to Calpine Generating Company, LLC (“CalGen”) in the bankruptcy cases of CalGen and its affiliates and ultimate parent (Calpine Corporation).
• Assisting the California Department of Water Resources in evaluating potential strategic opportunities relating to the CalGen plants and advising U.S. Bank in potential acquisition or restructuring of power plants owned by Calpine.
• Represent lenders in the debt restructuring (and potential pending foreclosure/acquisition) of two 265-MW plants located at Tiverton, Rhode Island and Rumford, Maine (formerly operated by affiliates of Calpine Corporation).
• Represent an ad hoc committee of lenders/equity holders of Milford Power, a 544 MW generation facility in Milford, Connecticut, with respect to assessment of certain strategic options. The members of the committee received the equity in the plant pursuant to a prior debt restructuring.
• Represented a group of U.S. Term Lenders under the $2.5 billion credit facility of SemCrude, L.P., a mid-stream energy services company based in Oklahoma.
• Represented Baupost Group in the acquisition of multiple Enron derivative claims.

Environmental 

• Advised Japanese multinational chemical company regarding EPA approval of a new coating material used for solar panels.
• Represented GE in obtaining resolution of EPA noncompliance matter concerning a silicone material used in wind turbines.

Intellectual Property 

• Performed patent prosecution for Lilliputian Systems related to advanced fuel cell technology.
• Performed patent prosecution for Promethegen Corp. related to microbial digestion for the production of biofuels.
• Represented Solar Physics in a series of patent infringement cases concerning its patents covering the deposition of amorphous silicon semiconductor materials.
• Advised Stanford’s GCEP in connection with prosecution of patent portfolio.
• Performed patent prosecution for Tidal Electric related to tidal range electricity generation.

Mergers & Acquisitions

• Representing NSTAR in its merger with Northeast Utilities, creating the nation’s largest energy group.
• Represented Northern Power Systems (solar power) in its acquisition by Proton Energy Systems, Inc (hydrogen fossil fuels).
• Represented Green Mountain Energy in its acquisitions of U.S. PowerSolutions and in its acquisition of renewable energy credits from affiliates of TXU Corp.
• Represented GT Solar International in its acquisition of Crystal Systems.

Private Equity 

• Representing Weston Presidio in the sale of Summit Energy Services, Inc.
• Represented New Gulf in the purchase of power plants from American Electric Power.
• Represented Millipore Corporation with respect to the negotiation of a solar power sales agreement in Massachusetts’ first solar project undertaken by Sun Edison.
• Represented BTU Ventures in the development of, equity investments in, and asset management of energy and energy-related industries in the Middle East, North Africa, and Southeast Asia.

Securities & Public Company Counseling

Debt and Equity Offerings

• Served as underwriter’s counsel for the IPO of a next generation battery manufacturer, A123.
• Represented The Blackstone Group in connection with a private placement for a leading biofuel technology company, LS9.
• Represented Green Mountain Energy in a recapitalization transaction and numerous debt and equity financing rounds.
• Represented GT Solar International in connection with a $200 million stock repurchase from its principal shareholder.

Asset Divestitures & Acquisitions

• Represented Boston Edison Company in a complete generation asset portfolio auction-based divestiture.
• Represented Boston Edison Company in connection with its sale of the Pilgrim Nuclear Power Station, the first sale of a nuclear power plant in the United States to a non-utility company.
• Other Nuclear Asset Sales, including representations of Millstone and of National Grid, USA in the auctions of its nuclear plant portfolio over the past several years.
• Advised a nationwide group of York Research bondholders (including John Hancock, General Electric and Credit Suisse First Boston) in selling a gas-fired plant in the Caribbean, a wind farm in the U.S. and minority interests in two other power plants. 

Contact

For further information, please contact:

David A. Fine 
Paul Kinsella

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