Practice Areas & Industries: Sutherland Asbill & Brennan LLP

 





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Practice/Industry Group Overview

After decades of handling the most complex nuclear sector transactions, Sutherland understands the challenges and opportunities in nuclear energy.

Nuclear energy plays an increasing role in serving the growing demand for carbon-free electricity around the globe. Sutherland is a leader in finding new possibilities and identifying strategic business opportunities in this important energy sector. In recent years, our lawyers have been responsible for the most significant acquisitions of global nuclear businesses, bringing to bear Sutherland’s skill in mergers and acquisitions, antitrust, intellectual property, employee benefits, government contracts and tax to structure and close complex multinational transactions. Regardless of the issue or matter at hand, we work closely with our clients to ensure that legal strategy meets their business goals.

We have deep experience in all aspects of the nuclear fuel cycle, from mining and enrichment to fuel fabrication and disposal. Sutherland represents technology and design companies, producers of nuclear commodities, owners, and engineering, procurement and construction (EPC) contractors as well as others involved in constructing nuclear, conventional and renewable power plants and other facilities. Our nuclear energy practice encompasses projects and clients throughout the United States and overseas. Our comprehensive technical knowledge in all facets of the nuclear industry, combined with an understanding of the legislative and policy landscape, facilitates an objective assessment of the issues. Based on this assessment, we work closely with our clients to analyze the risks and potential returns and develop the most cost-effective path forward.

Our lawyers help craft nuclear energy policy before the U.S. Department of Energy and in Congress, drawing on the firm’s broad knowledge in all matters of national and international energy policy. When disputes arise, we emphasize finding pragmatic solutions. But when a negotiated outcome is not feasible, we are veteran litigators and have substantial experience with nuclear-related issues in courts and before arbitral tribunals.

Why Sutherland
Multidisciplinary approach. We provide a full range of disciplines to structure and close complex multinational deals.

Decades of experience. Our long history of serving the regulatory, compliance and policy needs of our clients is matched by the commercial and operational experience we bring to the most sophisticated transactions.

Global views. We have negotiated and structured international joint ventures in the nuclear field, drawing on our intimate knowledge of the industry and the international regime that governs trade in nuclear commodities and technology. We also have unique experience with international trade in nuclear commodities and technology.

Range. Our attorneys advise on all issues facing the nuclear industry, including transactions, new plants , litigation and arbitration, energy policy and government affairs, international transactions, intellectual property, international trade and government contracts.

Up to date on industry trends. We are exceptionally well-versed in the next generation of nuclear power plants, including Small Modular Reactors (SMRs).

Government relations. In such a highly regulated environment with national security and foreign policy implications, knowledge of government agencies and an understanding of their policies, priorities and procedures are critical for client success. We advise on contracts with the U.S. Department of Energy and other agencies, and our attorneys appear before the Committee on Foreign Investment in the U.S. (CFIUS), the U.S. International Trade Commission (ITC) and numerous other federal agencies with responsibility for nuclear energy matters.

Experience at trial. We understand that litigation is sometimes the best option for our clients, and our attorneys have trial experience in jurisdictions throughout the United States and the world.

Nuts and Bolts
Sutherland lawyers offer comprehensive legal and advisory services on the critical issues facing the nuclear industry, including:

  • Agreements
    • Joint ventures
    • EPC agreements
    • Consortium agreements
    • Equipment procurement agreements
  • Antitrust
  • Arbitration
  • Compliance
  • Corporate
  • Creditors’ rights
  • Employee benefits
  • Energy policy
  • Environmental
  • Government affairs
  • Government contracts
  • Intellectual property
  • International trade
  • Litigation
  • Mergers and acquisitions
  • Regulatory
  • Tax

Take Action
Sutherland is fiercely committed to our clients’ long-term success. We continually assess strategy within the big picture—looking at both immediate needs and long-term goals to ensure that our client’s best interests are served.

Selected Experience
Sutherland advises British Nuclear Fuels in $5.4 billion auction.
Sutherland represented British Nuclear Fuels plc in all aspects of the $5.4 billion auction sale of its U.S. subsidiary Westinghouse Electric Company to Toshiba Corporation.

Sutherland counsels on the acquisition of ABB’s global nuclear energy businesses for $485 million.
Sutherland acted as lead counsel for British Nuclear Fuels plc in its acquisition of the global nuclear energy businesses of ABB.

Sutherland represents Westinghouse in $1.5 billion energy project.
Sutherland advised Westinghouse in negotiating and acquiring its partnership interest in a greenfield project for the construction of a multibillion dollar uranium enrichment facility in New Mexico, the first centrifuge enrichment facility operating in the United States.


 
 
Articles Authored by Lawyers at this office:

CFTC Issues No-Action Relief and Interpretive Guidance Related to SEFs
James M. Cain,Jacob Dweck,Daphne G. Frydman,Catherine M. Krupka,David T. McIndoe, October 03, 2013
As the date for compliance with swap execution facility (SEF) registration requirements approached, the Commodity Futures Trading Commission (the CFTC or Commission) issued a number of no-action letters and interpretive guidance regarding the obligations of market participants, intermediaries,...

IRS Updates Renewable Energy Tax Credit Beginning of Construction Guidance
, September 26, 2013
On September 20, 2013, the Internal Revenue Service (IRS) issued Notice 2013-60, which provides additional guidance that will help developers and purchasers of renewable energy facilities meet the beginning of construction requirement for the renewable energy section 45 production tax credit (PTC)...