John McNeece's practice focuses on renewable energy and international business transactions. In both of these fields, his work includes joint ventures, complex financial transactions, project development, real estate development and venture capital. Mr. McNeece also serves as a counselor to senior company executives as to overall management of company legal issues. In addition, he represents Spanish-speaking clients, in their native language, on U.S. business and real estate transactions. Recent Work / Representative Matters Mr. McNeece's renewable energy work focuses on wind energy projects and solar PV projects, and includes the following: Representation of wind energy developer in development of the legal, tax and regulatory structure for a utility scale wind energy project in Mexico (1,000MW to be developed in phases), and advice on financing matters. Representation of wind energy developer in joint venture with wind turbine manufacturer involving joint development of projects, contribution of working capital by turbine manufacturer and commitment by developer to acquire wind turbines from turbine manufacturer. Advice to renewable energy investment fund regarding potential solar PV development at 14 sites in Mexico. Advice to wind and solar energy developers on transmission planning by California regulators, and issues under the California Independent System Operator (CAISO) tariff, including interconnection issues and changes to the CAISO tariff on interconnection approved by the CAISO Board of Governors. Representation of solar PV developer in connection with analysis of a standard renewable energy power purchase agreement ("PPA") proposed by an Investor Owned Utility ("IOU"), negotiations with the IOU over PPA, and assistance with development of final offer for submission to the IOU in response to a request for offers. Advised wind energy developer in connection with analysis of a standard renewable energy power PPA proposed by an IOU. Advice to holding company for an IOU on cross-border tax strategies for renewable energy projects in Mexico. Counsel on US-Mexico energy regulatory issues and cross-border tax planning to 5,000-acre technology industrial park located in Mexico, in connection with sales effort to renewable energy project developers and renewable energy equipment manufacturers. Mr. McNeece's international work focuses on Mexico, and includes the following: Representation of US investor/developers who are involved in the purchase and development of land in Mexico. The subject properties are in many regions of Mexico. The firm's work includes due diligence on title issues, conversion of ejido land to private use, environmental issues and entitlement issues; US-Mexico tax structuring; deal structuring to take account of the needs of private equity funds, including management of UBTI and ERISA "plan asset" issues; formation of Mexican entities to act as purchaser/developer; advice on governance issues for Mexican entities; financing arrangements and documentation; purchase and sale documentation, including liaison with notarios; preparation of contracts for architects and engineers; preparation of construction contracts; preparation of sales and marketing contracts; and advice on the condominium regime under Mexico law. Representation of Silicon Border Development, LLC, which is building a 4,500 acre industrial park in Mexicali focused on fabrication of semiconductors, flat panel displays and solar panels. See www.siliconborder.com. Prepared an analysis for the San Diego County Water Authority on legal and institutional issues in establishing a binational seawater desalination project. That is a public document, and a copy is available upon request. Represented the Inter-American Development Bank and Mexico's Nacional Financiera, S.N.C. (NAFIN), regarding formation of Fondo Pymex, a private equity fund. Fondo Pymex is based in Mexico City and is successfully up and running. Part of a team engaged by the US Trade and Development Agency (TDA) to study the venture capital industry in Mexico. As part of the study, Mr. McNeece was the co-author of the final report, "Review and Action Plan for Development of the Venture Capital Industry in Mexico," prepared for NAFIN under a grant from TDA. This is a public document and a copy is available upon request. Based on this study, among other things, Mexico adopted new legislation on corporate governance and investor protection for private companies seeking investment, within the format of the newly-created sociedad anónima promotora de inversión ("SAPI"). This legislation, part of the new Securities Market Law, became effective June 28, 2006. Mr. McNeece's corporate work focuses on mergers and acquisitions, and includes the following: Represented Secure Wireless, Inc. and Advanced Bridging Technologies in mergers with Linear LLC, a subsidiary of Nortek, Inc. Represented San Diego Magazine, a premier luxury-lifestyle publication, in its acquisition by Curtco Media Publishing. Represented Selling Stockholders - Privately held company providing trenching services (for underground dry utilities) to residential developers, with largest market share in San Diego. Sale to private equity fund. Memberships American Bar Association, Business Section, International Section. International Law Section, Cal State Bar, Past Chair of Executive Committee. Pacific Rim Advisory Council. San Diego Regional Chamber of Commerce / Mexico Business Center, Advisory Committee, Past Chair. San Diego Dialogue, Steering Committee. Recognition Martindale-Hubbell® AV Rating. Best Lawyers in America® - First Year Listed: 2009 - Most Recent Listing: 2012 (Corporate Law). Super Lawyers: Corporate Counsel Edition - Most Recent Listing: 2010 (International). Southern California Super Lawyers - San Diego - Most Recent Listing: 2009 (International). Industries Climate Change, Renewable Energy & Sustainable Technology Clerk Experience US Ct App - 9th Circuit, Honorable J. Clifford Wallace Publications / Presentations Select Linked Articles 05 | 03 | 2011 Legal e-Update
Tell Me, Are You Sure You're Not a Foreign Official? 05 | 31 | 2007 Attorney-Authored
Condos in Baja and Homeowners Associations That Work Media Presence / Articles About Attorney / Attorney Contribution 09 | 08 | 2011 Recognition
Thirty-Four Luce Forward Attorneys Named Best Lawyers in America® 08 | 04 | 2009 Recognition
Luce Forward Attorneys Named Best Lawyers in America 06 | 17 | 2009 Recognition
Thirty-Two Luce Forward Attorneys Named San Diego Super Lawyers 09 | 25 | 2008 Recognition
Thirty-Two Luce Forward Attorneys Named to Super Lawyers Corporate Counsel 09 | 08 | 2008 Case Study
Business / Corporate - Featured Case Study 05 | 19 | 2008 Recognition
32 Luce Forward Attorneys Named San Diego Super Lawyers - Five Attorneys Receive Top Honors 06 | 07 | 2007 Recognition
34 Luce Forward Attorneys Named San Diego Super Lawyers 10 | 12 | 2006 Media Presence
PRAC 40th Meeting: International Law Firms Descend on San Diego to Strengthen Ties 08 | 07 | 2006 Media Presence
Locals Finding Cheaper Second Homes South of Border 08 | 07 | 2006 Media Presence
Homes With Million Dollar Views Selling for $300,000 in Mexico - But San Diegans Might Need Title Insurance To Avoid Vacation Housing Nightmares 07 | 21 | 2005 Case Study
John B. McNeece and S. Elizabeth Foster Represent San Diego Magazine Publishing Co. in the Acquisition of its Assets by CurtCo Publishing All Authored Works Secured Transactions under Mexican Law: A Treatise for Lenders, accepted for publication by ABA Books, the publishing arm of the American Bar Association (2009). "The New Securities Market Law and Private Equity in Mexico," Mexico Update, published by the Mexico Committee of the ABA's Section of International Law (Winter/Spring 2006). "A Study to Evaluate the Legal and Institutional Issues for the San Diego County Water Authority's Potential Binational Water Project," prepared for the San Diego County Water Authority, as subcontractor to PB Water, a division of Parsons Brinckerhoff Quade & Douglas, Inc. (2005). "Review and Action Plan for Development of the Venture Capital Industry in Mexico," prepared for Nacional Financiera, S.N.C., under a grant from the U.S. Trade & Development Agency (2004). |