Practice Areas & Industries: Sutherland Asbill & Brennan LLP


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Practice/Industry Group Overview

Sutherland's 30-year-old electric cooperatives practice is part of a more than 60 lawyer energy practice that represents leading energy market player in every major sector of the energy industry.

Part of the value we bring to our electric cooperative clients comes from our extensive involvement in the industry, through the National Rural Electric Cooperative Association (NRECA) and otherwise. We stay abreast of and at times have influenced new industry developments. Our lawyers are well known to, and meet frequently, with RUS senior executives. The firm is an associate member of NRECA, and several of our attorneys are active members of the G&T Lawyers’ Association, the Electric Cooperative Bar Association and frequent speakers on legal topics at NRECA Annual and Regional Meetings, the G&T Legal Seminar and the G&T Accounting and Finance Officers’ Annual Meetings.

In short, we have one of the leading electric cooperative practices in the country, often working at the leading edge of developing areas in the industry. A substantial number of our attorneys are actively involved in our electric cooperative practice. We understand the electric cooperative business, and the breadth and depth of our practice experience brings extra value to our electric cooperative clients.

Our electric cooperative practice is nationally recognized and highly regarded both for its legal capabilities and its understanding of the electric cooperatives and the electric industry.  Our work spans a broad spectrum of legal needs and intersects with virtually all legal practice areas, including:

  • Development of nuclear, coal, gas and hydro-electric generation facilities
  • Co-ownership and joint use arrangements for generation and transmission assets
  • Working capital, construction and long-term debt financings with RUS, FFB, CoBank, CFC and commercial lenders
  • G&T/Member rate structure issues and new wholesale power contracts
  • Long-term wholesale power purchases and power marketing arrangements
  • Registered and privately-placed taxable and tax-exempt debt offerings
  • Lease arrangements, including leveraged leases
  • Project financings
  • Mortgage bond indentures
  • Litigation, including territorial disputes
  • Federal, state and local tax planning and controversy
  • Corporate restructurings
  • FERC and state utility commission proceedings
  • Mergers and acquisitions
  • Retail competition and stranded cost recovery
  • Business diversification
  • RTO and related transmission matters
  • General corporate advice
  • RUS debt settlements and loan workouts

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)...

Ninth Circuit Court of Appeals: California Low Carbon Fuel Standard (LCFS) Constitutional
Susan G. Lafferty,David M. McCullough, September 20, 2013
Almost a year after it heard oral argument on the case, today the U.S. Court of Appeals for the Ninth Circuit reversed the District Court’s opinion and held that California’s Low Carbon Fuel Standard (LCFS) does not unconstitutionally facially discriminate against out-of-state commerce...