Acuity Brands Lighting Inc.

Innovative strategic alliance for Acuity Brands Lighting Inc.

Represented Acuity Brands Lighting Inc, one of the world's leading providers of lighting fixtures and related products and services, in connection more

AGL Resources Inc.

Corporate bond offering "reopening" for AGL Resources Inc.

Represented AGL Resources Inc., a Fortune 1000 energy services holding company and parent company of Atlanta Gas Light, in an underwritten more

$300 million corporate bond offering for AGL Resources Inc.

Represented AGL Resources Inc. in its SEC-registered public offering of $300 million principal amount of 5.25% senior notes due 2019. The offering more

$500 million corporate bond offering for AGL Resources Inc.

Represented natural gas and energy services company AGL Resources in its public offering of $500 million in 30-year corporate bonds. The net proceeds  more

Ameron International Corp.

Charles Hope v. AMN Acquisition Corp. and Ameron International Corporation

The firm served as lead counsel for Ameron International Corp., a leading manufacturer of large diameter piping for the petrochemical industry. The more

Andritz AG

Acquisition of General Electric's Hydro Equipment Business

Represented Andritz AG in the acquisition of the hydro power equipment business of General Electric, including GE’s majority interest in GE Hydro more

Arizona Public Service Company

Securities and law compliance matters for Arizona Public Service Company *

Represent Arizona Public Service Company (NYSE and PSE: PNW), an electric utility that provides retail and wholesale electric service to most of the more

$190 million acquisition for Arizona Public Service Company *

Represent Arizona Public Service Company (NYSE and PSE: PNW), an electric utility that provides retail and wholesale electric service to most of the more

Carolina Power & Light and Progress Energy

Matter alleging various business torts against Progress Energy Inc. and Carolina Power & Light Co. d/b/a Progress Energy

Represented Progress Energy in a complex matter alleging various business torts, including tortious interference with contract and unfair and more

Confidential

Trademark counseling and portfolio management

Trademark counseling and portfolio management to Oracle (enterprise software), Dignity Health (healthcare), Nexant, Inc. (energy sector software), more

Intellectual Property counseling and advice for Aerogen Power

Provided patent prosecution services and general IP counseling for Aerogen Power, a developer of highly efficient turbines for use in generating more

Construction litigation for University of California Parnassus Medical Center *

Served as legal counsel for the University of California Parnassus Medical Center regarding disputes with the designer/builder of the university more

Duke University Medical Center

Breach of contract dispute for Duke University Medical Center

Represent Duke University Medical Center in a dispute involving Massey Energy's alleged breach of a coal contract and its related unfair and more

Eltel Networks Infranet AB

Litigation and mediation representation for Eltel Networks Infranet AB

Represented Eltel Networks Infranet AB, a leading European Infranet service company specializing in electricity and telecommunications networks, in a  more

Contract advice for Eltel Networks Infranet AB

Represented Eltel Networks Infranet AB, a leading European Infranet service company specializing in electricity and telecommunications networks, in more

Litigation for Eltel Networks infranet AB

Represented Eltel Networks Infranet AB, a leading European Infranet service company specializing in electricity and telecommunications networks, in a  more

ExxonMobil

Exxon Mobil Corp., et al. v. Certain Underwriters at Lloyd's London and the London Market Companies, et al.
*

Obtained favorable settlements from more than 100 insurance companies after prevailing in forum battle and summary judgment in environmental coverage  more

InterGen

Post-construction warranty claims for Rocksavage Power Co. Ltd. *

Represented Rocksavage Power Co. Ltd, a subsidiary of InterGen, against Bechtel for the construction of a 700 MW combined cycle power plant. We more

Construction of a combined cycle power plant for Coryton Energy Co. Ltd *

Represented Coryton Energy Co. Ltd, a subsidiary of InterGen, in resolving claims and negotiating a project closeout agreement with Bechtel and more

James River Coal Company

Acquisition of International Resource Partners for James River Coal Company

The firm assisted James River Coal Company (James River) in its acquisition of International Resource Partners (IRP) for $515 million in cash. We more

Knoxville Utilities Board

Wastewater compliance issues for Knoxville Utilities Board

Represented Knoxville Utilities Board with regard to wastewater compliance issues including negotiation of a comprehensive federal consent decree more

LMP Corporation

LMP Corporation v. Universal Manufacturing Corporation

Represented plaintiffs who were inventors of a patented energy saving electronic ballast technology which defendant licensed from plaintiffs, then more

MACTEC Inc.

MACTEC, Inc. v. Bechtel Jacobs Company, LLC

Represented MACTEC, Inc., an environmental remediation design/build contractor, in a dispute against Bechtel Jacobs Company (BJC) concerning a more

Multiple Representative Clients

Advised private equity, solar development, banking, and construction companies on structured tax equity investments for photovoltaic and solar thermal facilities. *

Advised private equity, solar development, banking, and construction companies on structured tax equity investments for photovoltaic and solar more

Geothermal strategies for multiple representative clients *

Developed strategy for government and public outreach plan to increase geothermal heat pump incentives into parity with other renewable technologies. more

PACE bond programs advice for solar companies *

Advised several solar companies on the status and potential use of property assessed clean energy (PACE) bond programs. more

Federal incentives' applications for solar development and manufacturing companies *

Prepared and filed applications on behalf of solar development and manufacturing companies for various Federal incentive programs. more

Intellectual property counseling for clean technology companies

Represented multiple clients in patent preparation, prosecution, opinion work, due diligence work, and transactional work (including licensing) in more

Assistance with Department of Justice and Attorney General Civil Investigative Demands for corporate clients

Assisted corporate clients with responses to Civil Investigative Demands issued by U.S. Attorneys’ Offices and state Attorneys General. more

Action resolution for multiple companies

Represented several companies with regard to resolution of an action brought by an environmental organization challenging issuance of Georgia's more

Environmental litigation for Swedish forestry company *

Represented a major Swedish forestry company in court proceedings against the Swedish Environmental Protection Agency (Sw. Naturvårdsverket) and the more

Advice on labor relations and union avoidance issues

Advised various companies on more than 50 union organizing campaigns with a greater than 95 percent win rate. Clients have included more

United States v. Florida Cities Water Co. and Avatar Holdings *

Successfully defended a major national real estate development company in Clean Water Act enforcement action brought by the U.S. Department of more

Murphy Oil USA Inc.

United States of America et al. v. Murphy Oil USA Inc. *

Represented Murphy Oil USA, Inc., which owned two oil refineries in the United States, located in Superior, Wisconsin and Meraux, St. Bernard Parish,  more

Neal Batson, as Enron Examiner

In re Enron Creditors Recovery Corp., et al. *

Represented Neal Batson, the examiner in the Chapter 11 cases of Enron Creditors Recovery Corp., et al., who examined and reported on hundreds of more

Nexant Inc. and Excelergy North America LLC

Rogue Wave Software Inc. v. Nexant Inc. et al.

Defended software licensee for Nexant, Inc. against claims of copyright infringement arising from alleged use of software outside of scope of more

PetroLiance LLC

Formation of PetroLiance LLC via merger of two oil companies

Represented PetroLiance LLC, an oil company, which was formed upon the closing of a multi-a multimillion dollar financing and the merger of Southern more

Representative Client

Insurance litigation for leading energy industry firm

Lead counsel for Fortune 500 energy firm regarding alleged director and officer wrongful acts. more

Project financing for wind power company *

Represented Swedish wind power company in connection with a project financing of several wind turbine parks. more

Breach of contract litigation for a Taiwanese solar product manufacturer

Represented a Taiwanese solar product manufacturer in a breach of contract action before California state court. more

Breach of contract litigation for solar product manufacturer

Represented a Taiwanese solar product manufacturer in a breach of contract action before California state court. more

Intellectual property for designer and marketer of wind and water turbine technology

Represent a designer and marketer of wind and water turbine technology for the alternative energy market. more

Construction litigation claims for large supplier of hydroelectric equipment

Represent one of the world's largest suppliers of hydroelectric equipment and are presently defending and asserting claims involving a hydroelectric more

Due diligence for power generation corporation *

Performed due diligence for a power generation corporation's turbine and other equipment contracts associated with the sale of a partially more

Carbon capture legislation for private equity firm *

Drafted revised carbon capture legislation to allow for tax credit transferability on behalf of a private equity firm. more

Deal structure for wind farm *

Designed and planned deal structure for wind farm. more

Assisted wind turbine manufacturer with Department of Energy loan application *

Assisted wind turbine manufacturer in determining applicability and qualification for Department of Energy Loan Guarantee Program. more

Solar energy advice for European utility *

Advised a large European utility on solar energy investment's in the U.S. market, including tax and renewable energy certificate financing. more

REC purchase agreement

Represent biomass project developer in negotiating Renewable Energy Credit Purchase and Sale Agreement with utility consortium. more

Financing platform for solar development company *

Advised solar development company on novel financing platform for replicable small-scale solar installation deal structures. more

Biomass gasification legislation for renewable energy corporation *

Drafted revised biomass gasification legislation to allow for the production of pipeline quality biogas within the subsidy regime for renewable more

Financial review and redesign for private equity fund  *

Reviewed and redesigned a novel financing structure for the development and ownership of a portfolio of wind companies by a private equity fund. more

Formation and funding for start-up solar power company

Represented start-up solar power company with initial formation and funding. more

Due diligence for major U.S. bank *

Performed due diligence supporting the purchase of a controlling interest in a portfolio of three wind farms by the infrastructure fund of a major more

Department of Energy Loan Guarantee program advice for solar company *

Advised solar and renewable client on Department of Energy Loan Guarantee program. more

Conversion of power plant to renewable energy facility

Served as environmental counsel during renewable energy developer's conversion of coal-fired power plant to biomass combustion. more

Construction litigation claims for supplier of hydroelectric equipment

Represent one of the world's largest suppliers of hydroelectric equipment and are presently defending and asserting claims involving a hydroelectric more

CCGT Build Program

Advised a large international IRP in regard to the construction of four gas-fired combined cycle power generation facilities in Europe. Analyzed, more

Intellectual Property counseling for global provider of integrated energy management products

Represented leading global provider of integrated energy management products regarding smart meters and the support of smart grids. more

Intellectual property counseling for energy management company

Represent a Stanford University spin-off that designs next-generation, high-efficiency solar cells. more

Directors and Officers litigation for a major African-based electric generating company *

Represented a foreign arbitration judgment creditor in fraudulent conveyance, alter ego/successor and breach of duty claims against former parents, more

Provided policy and market analysis to world's largest natural gas company *

Supported the largest natural gas company in the world by providing policy and market analysis on development in the U.S. and the impact of these more

Power purchase agreement for industrial client *

Negotiated power purchase agreement for large industrial customer and host of two multi-megawatt photovoltaic solar facilities. more

Structured financing for energy systems company *

Structured financing for installation of geothermal heat pump retrofit to a campus of a nonprofit organization. Deal structure required integrating more

Supply agreement modifications for independent power company *

Provided contract modifications to an independent power company for a turbine supply agreement. The agreement accelerated certain payment more

Provided advice to U.S. utility company in connection to power options *

Assisted a large regulated U.S. utility to determine rate consequences of direct ownership of wind farm versus contracting for power through power more

Application and review process for funding support for wind turbine manufacturing company  *

Led the application and review process for direct funding support from the government to expand manufacturing capacity in the U.S. for the American more

Supply agreement and ownership structure for energy systems company

Developed heating and cooling supply agreement, and ownership structure to allow realization of grant and tax benefits necessary to make a geothermal  more

Supported loan guarantee application and review process for wind turbine manufacturing company *

Supported the Department of Energy Loan Guarantee application and review process for expanded manufacturing capacity in the U.S. for the American more

Tax and finance advice for largest geothermal facility in the U.S. *

Advised the owner of the largest geothermal facility in the U.S. on a variety of tax and finance concerns and considerations for more than ten years.  more

Contracts and commercial agreements for electric power generation company *

Reviewed several turbine supply contracts, and other major component system contracts for a fleet of approximately 30 gas-fired combined cycle more

EPC contract negotiations for industrial and energy company

Represented one of the largest industrial and energy companies in the world in extensive contract negotiations of an EPC contract for a clean energy more

Contracts and supply agreements for subsididary of large domestic utility company *

Reviewed the contracts for boiler modification and turbine replacement for the deregulated subsidiary of a large domestic utility. An electric more

Environmental coverage litigation for a major utility company
*

Represented a major utility company in environmental and liability coverage litigation arising from CERCLA and RCRA cleanup obligations.
 more

Environmental case in connection with Citybanan, Stockholm

Representing property owners in an environmental case regarding ground and tunneling works for Citybanan under central Stockholm. more

Health and welfare counseling for a natural gas distributor

Counsel a natural gas distributor on compliance issues relating to health and welfare plans, employee communications and reporting requirements. more

Biomass project development

Assist biomass client with all aspects of project development, including feedstock purchase agreements, negotiations with fuel and power purchasers, more

Insurance arbitrations for energy company regarding political risk losses *

Represented an energy company in international arbitrations involving political risk insurance coverage for a coal supply contract with a foreign more

Environmental insurance coverage dispute

Represented insured in resolving substantial insurance coverage dispute associated with the remediation of an 85-acre former chemical manufacturing more

Community college solar PV and solar thermal lease and purchase agreement

Represented community college in lease of rooftop for solar PV and solar thermal panels and the purchase of solar thermal energy. more

Renewable energy projects with governmental entities

Advise renewable energy project developers on government procurement requirements relating to energy services and purchase agreements. more

Lease of municipal convention center roof for installation of solar PV panels

Represent solar developer in leasing space from the City of Raleigh on its convention center roof for the installation of solar PV electric panels. more

Environmental litigation for a real estate company and international property owner

Represented a real estate company and international property owner in an environmental case regarding a tunnel project in the Stockholm area. This more

U.S. remote meter reading company, providing automated meter reading services

Represented the largest remote meter reading company in the United States in providing automated meter reading services to a Midwest water company. more

Negotiated EPC agreements for 4000MW of nuclear power generation

Advised a U.S. public utility in the negotiation of these highly complex agreements over a period of 15 months. Negotiations required imaginative more

Geothermal heat pump project litigation

Favorably settled sub-contractor's dispute with prime contractor involving geothermal heat pump installation. more

Environmental litigation for natural gas distributor

Served as amicus counsel to a natural gas distributor in successfully persuading the Georgia Court of Appeals to reverse a trial court’s decision more

Sale and lease back of biomass power plant

Represented an international investment bank on a sale and lease back transaction involving a biomass power plant in Sweden more

State tax structuring advice for wholesale energy marketer

Advised a leading North American wholesale energy marketer regarding the optimal state tax structure for use in connection with a purchase and more

Biofuels project development

Represent cellulosic ethanol producer in connection with regulatory approvals for feedback cultivation. more

Renewable energy certification for biomass company

Obtained state Utility Commission’s approval of refuse-derived fuel and synthesis gas as certified renewable energy resources. more

Clean Air Act citizen suit for a major electric utility company *

Successfully appealed an adverse summary judgment ruling against a major electric utility company in a Clean Air Act citizen suit case involving more

Finance transaction for a leading European financial services company

Represented a leading European financial services company in connection with a €140 million sale and lease back connected to a Swedish power more

Real estate transactional representation for national wind energy developer and lender 

Represented national wind energy developer and lender in preparation and review of real estate transactional documents for wind farm projects. more

Patent litigation for a welding company

The firm served as lead counsel on behalf of a welding company, the patent owner, in a bench trial on a matter relating to welding equipment.  The more

Renewable energy certification for biomass company

Obtained state Utility Commission's approval of refuse-derived fuel and synthesis gas as certified renewable energy resources. more

Project Counsel Services on approximately $4.5 billion in coal-fired power generation assets

Served as lead project counsel to an international EPC contractor/OEM in regard to the construction of four coal-fired power plants in the United more

Energy advice to a Swedish governmental body

Represented a Swedish governmental body on regulation of use of electricity grid.  The firm also negotiated with several industrial partners, more

Acquisition of a Canadian minerals company

Represented a multi-national minerals company in its significant acquisition of a Canadian minerals company. more

Acquisition for a multi-national minerals company

Represented a multi-national minerals company in its multi billion dollar acquisition of another multi-national minerals company. more

Purchase of generating stations for a merchant power company *

Represented a merchant power company in asset purchase of generating stations in Florida and North Carolina. more

Insurance claims for national defense company involving construction delays in gasoline storage tank construction project

Handled claims under a builders risk/property policy for flood damage that shut down construction and significantly delayed completion of a propane more

Executive compensation and employee benefit for an Atlanta based environmental consulting company

Advised an Atlanta based environmental consulting company regarding executive compensation and employee benefit plan matters. more

Environmental and redevelopment issues for Georgia-based utility

Assisted major utility in dealing with environmental and redevelopment issues related to legacy energy generation sites throughout Georgia and more

Negotiated supply agreement for southern utility

Represented large public utility in negotiation of long-term equipment supply agreement. more

EPA enforcement action involving NSR and NSPS claims for a major electric utility company *

Successfully defended a major electric utility company from EPA enforcement action involving NSR and NSPS claims. more

Litigation involving takings and breach of contract claims for twelve privately owned “drainage districts”

Represented twelve privately owned “drainage districts” along the upper Mississippi and Missouri Rivers in challenging the U.S. Army Corps of more

Internal investigation of NYSE-listed energy company *

Internal investigation on behalf of audit committee of NYSE-listed energy company to assess allegations regarding a wide array of issues, including more

Federal and state rulemakings regarding environmental matters for a major electric utility and industry coalition *

Represented a major electric utility and industry coalition in all aspects of federal and state rulemakings related to Clean Air Interstate Rule, more

Workplace violence case for large energy company *

Represented a large energy company in a workplace violence case in which a nonemployee fatally shot the company's security guard and an employee at more

Co-generation agreement *

Negotiated steam purchase agreement between manufacturer and co-generation facility. more

Construction site stormwater discharge challenge for several natural gas utility companies

Represented several natural gas utility companies with regard to an administrative challenge to Georgia's General NPDES Permit for Stormwater more

Special committee representation for an Atlanta based building performance consulting company

Represented special committee of the Board of an Atlanta-based building performance consulting company in its negotiation of the settlement of a long  more

Construction dispute representation for a U.S.- based construction company

Represented a Florida construction company in claims against the U.S. Army Corps of Engineers regarding The Seven Oaks Dam more

Contract and tort litigation for large energy and utility company *

Represented a large international energy company in bringing contract and tort claims against a gas turbine manufacturer arising from the more

Employment litigation for a major electrical utility *

Represented a major electrical utility in a lawsuit brought by a current employee claiming he was denied a promotion due to his race and age. more

Cogeneration plant construction dispute representation for engineering and construction firm

Represented full-service engineering and construction firm when the owner of a cogeneration plant in India commenced an arbitration proceeding before

 more

Investigation and analysis of claims for a bankruptcy examiner *

Represented a bankruptcy examiner in the investigation and analysis of claims against four lenders and accountants for the debtors. more

False Claims Act for Florida construction company

Represented a Florida construction company, specializing in contracting and construction management services, in defeating claims by qui more

Counsel to pipeline company in manufacturing specialized products

Represented pipeline company, as lead counsel, in the design, manufacture and procurement of $5 million worth of specialized products. more

RCRA/CERCLA cost recovery action for major energy provider

Represented a major energy provider with regard to an RCRA/CERCLA cost recovery/contribution action involving a former refinery facility in Wichita, more

Tax litigation for electric membership corporation concerning valuation

The firm served as lead counsel for an electric membership corporation in a lawsuit against the Georgia Department of Revenue concerning the more

Compliance issues pertaining to workforce reduction for a Fortune 500 energy company *

Advised a Fortune 500 energy company on legal compliance issues pertaining to workforce reduction following significant merger. more

Construction litigation for international EPC contractor and original equipment manufacturer

The firm served as lead counsel to an international EPC contractor/OEM in multiparty disputes arising out of the construction of an $800 million more

Special Committee considering strategic alternatives

Represented Independent board members of a North Carolina-based NYSE-listed services business in connection with their consideration of strategic more

Arbitration for a global supplier of electro-mechanical equipment, systems, and services

The firm served as lead counsel to a global supplier of electro-mechanical equipment, systems, and services in an arbitration where the owner alleged  more

Breach of contract and breach of warranty claims against power generation equipment manufacturer

The firm served as lead counsel in defending a global equipment manufacturer against breach of contract and breach of warranty claims brought by one more

Breach of warranty and breach of contract for a California utility services company

Represented a California-based utility company against an equipment manufacturer in litigation over claims for breach of warranty and more

Insurance coverage for asbestos abatement equipment supplier

Served as lead counsel representing a major supplier to the asbestos abatement industry in its effort to secure insurance coverage for an explosion more

Contract negotiations for construction of nuclear power plant

Represented owners in contract negotiations with EPC consortium for the construction of nuclear power generation facilities in North Carolina and more

ICC arbitration for international infrastructure developer

Represented an international infrastructure developer in an ICC arbitration related to a power plant in sub-Saharan Africa. more

Defended subcontractor claims on the construction of a power plant in Malaysia

Defended an international EPC contractor against claims from an erection subcontractor and steel supplier arising from the construction of a more

Breach of contract between companies

Represented construction company in an arbitration brought by plaintiff against defendant for the recovery of claims in excess of  more

Large community-owned utility matter

Represented one of the largest community-owned utility in the United States, in a matter involving defectively constructed runways that ultimately more

Contract dispute for mechanical subcontractor specializing in industrial piping fabrication and erection

Represent a mechanical subcontractor specializing in industrial piping fabrication and erection against a multinational General Works more

Construction litigation for transportation company

Represent the public owner on the largest construction project undertaken in the United States. We have been working with the owner’s team, including  more

Power plant for large community-owned utility

Prosecuted a claim against the construction manager on a $1 billion coal-fired power plant built for one of the a largest community-owned utilities more

Project counseling services for an international EPC contractor and manufacturer of power generation equipment

Provides project counseling services to an international EPC contractor and original equipment manufacturer on projects involving the construction of  more

Claims arising from a gas-fired power generation facility for an original equipment manufacturer

Defended original equipment manufacturer against claims by owner arising from a gas-fired power generation facility in South Carolina. more

Dispute mitigation counsel to a major oil and gas company

Represent a major oil and gas exploration and production services company in an early dispute mitigation regarding an more

Litigation for construction company

Representing public owner on the construction of a $150 million alternative-fuel cogeneration facility. During construction of the project, numerous more

Representative Clients

International trademark representation for client in environmental credit industry

Counseled multinational corporate client on international trademark issues in the environmental credit industry. more

Ring Industrial Group L.P.

Patent litigation for Ring Industrial Group

The firm served as lead counsel on behalf of Ring Industrial Group L.P. in an action against a competitor of its patented drainage products.  After more

The Jacobean Center for Excellence LLC - Global Green Power Inc.

Corporate and intellectual property counseling for Global Green Power Inc.

Represents Global Green Power, Inc. in corporate and intellectual property matters relating to the production of electricity generators powered by more

U.S. Department of Justice

United States v. Gen. Motors Corp. and ZF Friedrichshofen, AG *

Supervised investigation and case on behalf of the U.S. Department of Justice.

United States v. Gen. Motors Corp. and ZF more

U.S. v. Baroid and Dresser *

Supervised investigation and case on behalf of the U.S. Department of Justice. more

U.S. v. US West *

Supervised investigation and case on behalf of the U.S. Department of Justice. more

United States v. Smith Int'l and Schlumberger Ltd. *

Supervised investigation, case and trial on behalf of the U.S. Department of Justice in a case involving contempt of a merger decree.

United States v. Smith Int'l and Schlumberger Ltd. more

United States v. United Tote *

Supervised investigation, case and trial on behalf of the U.S. Department of Justice.

United States v. United Tote more

Pacific Division Transfer Case (United Airlines’ acquisition of Pan Am’s Pacific Division) *

Tried case on behalf of U.S. Department of Justice involving Pacific Division Transfer Case (United Airlines’ acquisition of Pan Am’s Pacific more

U.S. v. General Electric and Honeywell *

Supervised investigation and case on behalf of the U.S. Department of Justice and a senior official who decided to bring the case. more

U.S. v. General Dynamics and Newport News Shipbuilding *

Supervised investigation and case on behalf of the U.S. Department of Justice. more

United States v. Aluminum Co. of Am. and Reynolds Metal Co. *

Supervised investigation and case on behalf of the U.S. Department of Justice.

United States v. Aluminum Co. of Am. and Reynolds more

Utility Service Company Inc.

Insurance coverage litigation for Utility Service Company, Inc.

The firm served as lead counsel in representing Utility Service Company, Inc., the nation's largest water tower service company, in a lawsuit arising  more