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Practice/Industry Group Overview

Sutherland uses industry know-how to strategically advise and address the unique needs of energy clients in their energy transactions.

Sutherland’s Energy Mergers and Acquisitions team understands the diverse energy markets across all sectors of the industry, covering the production, transportation, distribution and marketing of energy in all its forms, including fossil fuels, renewable power and alternative fuels. As a result, we structure deals that make commercial sense, both in financial terms and within the specific parameters of the industry. We focus on the distinct demands and opportunities that exist in energy-related transactions.

We work with clients across the energy industry to structure transactions that achieve their business goals. Our knowledge of the energy markets includes a thorough understanding of highly complex regulatory and tax regimes that govern each segment. For example, we know the ins and outs of FERC requirements, federal and state renewable energy tax incentives, oil depletion allowances and federal and state regulations governing the impact of pipeline construction and refinery emissions. Further, we regularly draw upon the relevant expertise of specific practice groups, such as financing, environmental, antitrust, employee benefits, real estate and intellectual property.

Sutherland’s multidisciplinary team of lawyers is well positioned to assist energy companies, from major oil and gas companies to independent power producers to utilities to commodity trading firms and institutional investors, in achieving their business objectives.

Why Sutherland
Energy experience. Our energy industry experience enables us to find approaches and solutions that generalist corporate M&A attorneys don’t often uncover.

Range. Sutherland’s knowledge across sectors has a meaningful impact on our work for energy clients, whether they are acquiring an electric cooperative, power generation assets or a regulated utility; selling a pipeline or refinery or purchasing a commodity trading book.

Complete service. Our attorneys regularly engage in M&A activities on behalf of strategic buyers, financial investors and sellers at every stage of energy including production, transportation, distribution and marketing. We manage transactions across all segments of the energy sector.

Regulatory understanding. Our energy M&A team can spot issues arising from the complex rules and regulations governing the energy business. Our lawyers regularly deal with federal, state and local regulations from FERC requirements to CFTC issues, and from EPA mandates to anti-competition rules.

Tax savvy. Our energy M&A team includes federal and state tax lawyers intimately familiar with energy transactions and we structure transactions to maximize tax efficiency.

Comprehensive team. Sutherland’s cross-disciplinary team is positioned to advise clients in important issues in energy M&A transactions in other areas including environmental, real estate, employee benefits and intellectual property.

Nuts and Bolts
Sutherland attorneys advise on the full spectrum of energy company transactions including:

  • Purchase and sale of
    • Commodity trading books and related assets, including oil, gas power and metals products
    • Power generation assets, including interests in natural gas, coal, nuclear and renewable energy facilities
    • Renewable energy assets, including interests in solar, wind, biomass (including landfill gas), geothermal and hydroelectric generating facilities
    • Oilfield services companies, lines of business and equipment on behalf of publicly held oilfield services companies and financial institutions
    • Retail electric and gas providers
    • Energy service companies
       
  • Mergers and acquisitions of natural gas and electric utility companies on behalf of energy service companies, financial institutions, electric cooperatives and public utility holding companies
  • Purchase, sale and investment in downstream energy assets, from refineries and other petrochemical facilities to terminals and storage facilities
  • Purchase, sale and financing of midstream energy assets, including natural gas transportation pipelines, gathering systems and storage facilities as well as oil pipeline facilities
  • Purchase, sale or joint purchase of interests in upstream energy assets, for both oil and gas producing and exploration assets, for domestic and international clients

Take Action
Sutherland’s energy M&A clients deal with attorneys who understand the intricacies of the energy business—lawyers well-versed in the different energy sources, technologies, regulations and the special tax-code treatment of energy companies.

Selected Experience
Sutherland advises commodities firm in its acquisition of J.P. Morgan Metals and Concentrates LLC.
Sutherland advised a Connecticut-based physical commodity trading and marketing company in the negotiation of a definitive agreement to acquire a leading global merchant of physical base metal concentrates and copper cathodes.

Sutherland represents an international energy distribution company in its acquisition of a solar facility.
Sutherland attorneys structured an acquisition to ensure compliance with a section 1603 treasury grant, negotiated purchase and sale agreements and conducted full due diligence.

Sutherland represented Siemens Industry in its acquisition of Pace Global Energy Services.
Sutherland represented Siemens Industry, Inc. in  its acquisition of Pace Global Energy Services, a leading energy consulting and management company. Sutherland provided due diligence services and regulatory and other advice in connection with this matter.


 
 
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...

Department of Energy Report Indicates Fracking Has Not Contaminated Drinking Water in Western Pennsylvania
M. Hill Jeffries,Daniella Landers,Marc A. Rawls, August 09, 2013
A recent study by the Department of Energy’s National Energy Technology Laboratory (NETL) indicates that chemical-laced fluids used in hydraulic fracturing, or fracking, have not contaminated the drinking water at a test drill site in western Pennsylvania. Fracking, a technique used to...

Fifth Circuit Creates Split on Scope of Retaliation Protection for “Whistleblowers” Under Dodd-Frank
, August 09, 2013
Since the enactment of the Dodd-Frank Wall Street Reform and Consumer Protection Act in 2010, a number of federal courts have grappled with the scope of the Act’s new protections for employee “whistleblowers.” Until recently, however, no federal court of appeals had addressed the...