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Practice/Industry Group Overview
Our energy sector practice encompasses the various segments of the industry—oil & gas, electricity, and nuclear—and all relevant cross-disciplinary legal specialties. We have considerable experience in the development and financing of energy infrastructure projects in the United States and around the world. In this rapidly changing field, we work with traditional fossil-fuel facilities, as well as with clients undertaking solar, hydroelectric, geothermal, biomass, wind, and nuclear energy projects. Our attorneys also advise energy services companies (ESCOs) on energy efficiency projects carried out under energy performance contracts with federal and state government customers and on cogeneration and other types of distributed generation projects. Our attorneys are leaders in the developing legal issues related to global climate change. We collaborate across our firm to offer comprehensive legal advice relating to international arbitration, the Foreign Corrupt Practices Act (FCPA), M&A, project finance, and environmental issues.
International Arbitration: Our international arbitration practice focuses on arbitrating high-stakes international energy industry disputes. Our attorneys have arbitrated energy disputes for some of the largest energy companies in the world and in all segments of the industry, including in the oil and gas, electric (including hydroelectric and geothermal) and nuclear areas. In addition, our attorneys have energy experience in a variety of international arbitral fora including International Centre for Settlement of Investment Disputes (ICSID), International Criminal Court (ICC), United Nations Commission on International Trade Law (UNCITRAL), and the American Arbitration Association (AAA). For additional information about our international arbitration energy practice, please click on the link below.
Foreign Corrupt Practices Act (FCPA): Arnold & Porter LLP has a broad array of experience in FCPA investigations and compliance, including providing advice and representing international energy companies in FCPA investigations and US Department of Justice (DOJ) and Securities and Exchange Commission (SEC) proceedings. In addition to our FCPA work representing companies with existing FCPA issues, we regularly counsel companies attempting to proactively avoid FCPA problems by assisting them in due diligence in connection with acquisitions, helping to draft and implement compliance programs, and providing training with practical advice about complying with the FCPA.
Project Finance and Corporate Transactions: Our clients draw benefit from our broad transactional experience in the industry. In a historically difficult period for the private power sector we advise lenders on troubled loans to independent power companies and projects. For many power project transactions fueled by natural gas, we handle gas supply and pipeline issues. In the electric power arena, our attorneys work with international industry and government representatives and participants to handle US and international corporate and project finance transactions, representing private developers, commercial lenders, export credit agencies, multilateral development banks, and contractors. We are also monitoring US legislative developments relating to renewable energy incentives. We are involved in M&A, legislative and policy issues, and bankruptcy and restructurings, having represented creditors in two of the largest energy sector insolvency cases in US history. As a world leader in antitrust law, we also advise oil industry participants on associated issues in their acquisitions and dispositions.
Litigation: In litigation of energy matters, our firm handles a wide diversity of US federal and state environmental and other regulatory proceedings. We specialize in complex case management, serving as national or coordinating counsel on Superfund matters for lawyers throughout the US. We have litigated numerous disputes concerning siting of controversial facilities and have taken the lead in developing alternative approaches. Our energy litigation also involves issues of electric and natural gas conveyance, oil royalty valuation issues, controversies arising out of electricity price spikes, and antitrust disputes.
International Arbitration
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