Practice Areas & Industries: Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.


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Practice/Industry Group Overview

See the Big Picture.
Mintz Levin understands how expanding energy markets and developing policies create important opportunities.
As the appetite for energy continues to grow globally, so does the demand for change in the way it is delivered and consumed. Concerns about climate change and a unique alliance of government, industry, and financial institutions will continue to promote renewable energy and technologies that reduce greenhouse gas emissions.

Whether your company is pioneering new energy sources (hydrokinetic, photovoltaic, wind, solar, thermal, fuel cells, biofuels, clean coal), finding ways to make more efficient use of existing resources, or integrating new technologies into an existing energy portfolio, you need legal counsel that understands your industry, your business, and the issues and opportunities that mean the most to your success. Mintz Levin understands the interplay of politics, policymaking, public and private financing, intellectual property, and high-stakes disputes—among other things. Our attorneys have been involved in the industry since inception and we have the resources to see the big picture through the lens of experience.

We have provided legal services for the successful development, financing, and construction of over 8,300 MWs (approximately $9 billion) of energy generating facilities. Mintz Levin’s attorneys have closed over 220 transactions in this sector since January 2006, including more than 100 since 2009 alone. These include venture capital transactions (representing companies and investors), initial public offerings and follow-on offerings, private placements, M&A deals, and technology licensing and joint venture transactions, totaling approximately $3.2 billion in transaction value.

With over 300 energy and clean tech clients, we provide comprehensive advice to mature companies and innovative pioneers. International in scope, our lawyers and government relations specialists offer the critical experience needed to help investors, energy providers, and clean tech entrepreneurs manage risks and create, achieve, and exceed their ambitious goals. Mintz Levin offers you a view into the best practices and lessons learned by those on all sides of the changing energy landscape.

Tap Deep Resources.
Until new energy strategies emerge, pressure will intensify to find more efficient and responsible ways to produce, distribute, and consume existing energy resources. As you adapt to this changing environment, your business will face challenges that are multidimensional—touching many areas of the law and calling for a coordinated, interdisciplinary approach. Our energy and clean technology clients turn to our cross-disciplinary team for our deep expertise in energy, corporate and securities, environmental, real estate, intellectual property, project development, finance, tax, and regulatory matters, including climate change. They also rely on our team-based service model to connect them to the right resource in the right place at the right time.

Move Ideas to Market.
When you’re starting a clean technology company or expanding an established enterprise, there is one direction you want to go and that’s up. Our clients need to protect and optimize IP, raise capital, manage operations, build and expand facilities, recruit and retain talent, resolve disputes, and enter into joint ventures. Often, all at the same time. To work through these and other related challenges, clients turn to high-performing, interdisciplinary Mintz Levin teams that provide the business-building counsel they need to quickly move their ideas to market.

Case Example A:
The Northeast Gateway LNG Project is a safe and reliable means of satisfying New England’s growing demand for natural gas. Excelerate Energy’s LNG port, located just outside Boston Harbor, will deliver gas to New England markets from offshore buoys through a new sub-sea pipeline. Mintz Levin’s lawyers led the successful effort to obtain all approvals for the pipeline required from regulators in Massachusetts and in federal regional offices.

Case Example B:
EnerNOC, Inc. helps utilities and grid operators reduce the risk of blackouts by controlling usage of major electric customers—substantially lowering peak demand. Users voluntarily curtail consumption when the grid is stressed, thus avoiding escalating electricity costs and uncertain grid reliability. Mintz Levin assisted EnerNOC from idea to financing to development and marketing—culminating in the launch of a $97 million IPO and a $108 million follow-on offering.

Case Example C:
GreatPoint Energy, Inc. is a leading developer of technology to convert coal, petroleum coke, and biomass into clean natural gas—bluegas™. GreatPoint Energy is developing a demonstration facility and R&D Center of Excellence at the Brayton Point Generating Facility in Somerset, Massachusetts. Mintz Levin assisted the GreatPoint team in its efforts to develop this significant facility. We also represent GreatPoint Energy in corporate and financing matters.

Mintz Levin’s monthly e-communication, Energy and Clean Tech Connections, gathers recent information from a wide variety of sources in an effort to keep you abreast of what’s new in the world of clean tech. We also include the latest industry developments, news from Capitol Hill, grant opportunities and upcoming events.

Sponsorships and Memberships
Mintz Levin‘s commitment to energy and clean technologies includes sponsorship of events and pro bono services to organizations such as:

  • CLEAN-tech Investor Summit 2012, Palm Springs - sponsor
  • EnerNOC EnergySmart Conference 2011, Boston – sponsor, presenter
  • Cleantech Open Northeast 2011, Boston – sponsor, mentors
  • MIT 100K Competition 2011, Boston – sponsor, mentors
  • Going Green East 2009 Conference, Boston - sponsor and presenters
  • BizTEC ’08 Entrepreneurship Conference, Haifa, Israel - sponsor and presenters
  • CERA Week 2007 (Cambridge Energy Resource Associates), Houston- sponsor
  • Clean Perspectives: “The Burgeoning Massachusetts Biofuels Industry” - a series of fireside chats with an overview of the state of the biofuels industry presented by Mintz Levin.
  • E2-Environmental Entrepreneurs - member and event sponsor of “Climate and Energy: Local, Regional and National Facts on the Ground.” E2 is a national, bipartisan community of business people who believe in protecting the environment while building economic prosperity.
  • Massachusetts Institute of Technology - numerous memberships and sponsorships including 100k Entrepreneur Competition, Energy Club, Energy Conference 2.0, Enterprise Forum of Cambridge - Innovation Series and Clean Energy Special Interest Group, and ICE Business Plan Competition
  • Massachusetts Technology Leadership Conference - sponsor and seat on advisory board
  • Northeast Energy and Commerce Association, including 15th Annual New England Energy Conference and Expo: “Carbon Crunch: Supply Strategies” - sponsor
  • New England Clean Energy Council (NECEC) - member and pro bono client
  • Northeast Energy and Commerce Association and the Connecticut Power and Energy Society: 15th Annual New England Energy Conference and Exposition, Newport, RI - sponsor
  • Platt's Conference: Building Generation: A Partnership’s Perspective on the New England Market, Washington, DC - sponsor
  • United Kingdom Trade and Investment (UKTI) Energy and Clean Technology conference, June 2008 - co-sponsor

Pro Bono Services
New Generation Energy (NGE)
offers below-market loans to help finance renewable energy and energy efficiency projects. Their clients include public and private entities, individuals, and non-profits. Boston-based New Generation Energy was seeking non-profit organization status and needed tax-related legal advice. Equipped with Mintz Levin’s practical recommendations about how to structure its program, NGE secured its 501(c)(3) status and now offers groundbreaking investment options for consumers in the areas of renewable energy, conservation, and the environment. In addition, an attorney in Mintz Levin’s Energy and Clean Technology Practice sits on the company’s advisory committee.

The Vermont Green Building Network (VGBN), a registered 501(c)(3) non-profit organization, is dedicated to increasing Vermont’s participation in green building and promoting the environmental, financial, community, and health benefits of green design, construction, and building operation practices. The Vermont Green Building Network is comprised of builders, designers, developers, policy makers, service providers, and other building industry professionals working together to improve building practices in Vermont. Mintz Levin attorneys provided a comprehensive review of VGBN’s revised bylaws and policy and procedure manual, and advised VGBN on tax-related legal issues.

Ceres is a national network of investors, environmental organizations, and other public interest groups working with companies and investors to address sustainability challenges such as global climate change, resource overuse, and habitat destruction. Mintz Levin attorneys collaborated with the Boston-based non-profit organization this past year, providing legal research on climate change issues.

Group Presentations
  Mintz Levin hosting a NEWiRE and NEWIEE joint seminar on "Funding Solar Projects", Boston Office, June 27, 2011
LAC-CORE Renewable Energy Finance Briefing, New York, NY, June 20, 2011
Lazard Capital Markets (LCM) Annual Alternative Energy Investor Summit, Speaker, Tom Burton, June 1, 2011
Early Stage Start-up Sales Success - CEO Panel, Boston, MA, May 25, 2011
MIT Clean Energy Prize Semi Finalist Showcase, Speaker Event & Finals Award Ceremony, Boston, MA, May 3, 2011
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