Capital Markets and Transactional Matters
A seasoned securities and transactional lawyer, Herbert's extensive experience helps clients in their capital raising efforts through complex financing deals. Working closely with investment banks, issuers, electric utilities and cooperatives, and financial services firms across a variety of global industries-including energy and infrastructure-he advises clients on publicly issued taxable bond offerings, leveraged leasing transactions, tax-exempt bond offerings, shelf offerings, government-guaranteed financings and private placements. Over the last 10 years, Herbert has been involved in more than 30 public and private offerings, raising capital in excess of $12 billion.
Having represented hundreds of clients in the US and across the globe, Herbert also has substantial experience counseling on mergers and acquisitions, global expansion, SEC registered offerings, joint ventures and other financings. Most recently, he served as underwriters counsel to leading banks in Japan and Canada in a $500 million 144A taxable securities offering.
Securities Regulatory and Corporate Governance
Additionally, Herbert regularly guides corporate boards and management in corporate governance issues and in successfully navigating the intricate rules and regulations of the US Securities and Exchange Commission, including Sarbanes-Oxley compliance and ongoing SEC reporting obligations and other securities laws.
Leader of the Energy and Infrastructure Practice Group
Herbert is Co-Head of the Eversheds Sutherland Global Energy and Infrastructure Practice Group, which includes more than 200 lawyers throughout Africa, the Americas, Asia, Europe and the Middle East who act for electric power, crude oil, natural gas, LNG, renewable and alternative energy, oil pipeline, nuclear energy and infrastructure clients. In the US, he leads a team of more than 70 energy, environmental, commodities and infrastructure lawyers in Atlanta, Austin, Houston, New York and Washington DC.
At Eversheds Sutherland, we have good lawyers, but a lot of people have good lawyers. What sets us apart, what we hear our clients say-over and over-is, 'You know the industry and our business.'
Represented major Wall Street firms as underwriters' counsel in $1.3 billion 144A offering.
Represented Oglethorpe Power Corporation for more than 30 years in all of its capital market financings, totaling more than $7 billion.
Represented Goldman Sachs in the $1.3 billion private placement and 144A/Regulation S issuance to fund the RUS buyout of Tri-State Generation & Transmission Association.
Represented MUFG, RBC Capital Markets and CoBank in a $500 million 144A/Regulation S offering for Basin Electric Power Cooperative.
Represented Bank of America Merrill Lynch, Wells Fargo Securities and US Bank in the purchase and sale of $250 million 144A bonds with registration rights for Tri-State Generation and Transmission Association.
Served as underwriters' counsel to Goldman Sachs, J.P. Morgan and Bank of America Merrill Lynch in the offering and issuance of more than $113 million in bonds (Seminole Electric Cooperative Inc. Project).
Represents an Asian investment bank in an initial public offering of common stock on the Hong Kong Stock Exchange to international and US investors.
Represented Barclays in the underwriting of more than $50 million public power bonds for Northern Municipal Power Agency.
Represented Wells Fargo Securities in the remarketing and conversion of $46 million of tax-exempt conduit bonds for Tri-State Generation and Transmission Association.
Represented Goldman Sachs in the $1.5 billion private placement for one of the country's largest electric generation and transmission cooperatives.
Represented a leading private equity company in the initial public remarketing of tax-exempt conduit bonds.
19 Eversheds Sutherland Practice Areas, 55 Attorneys Named Among Nation’s Best in 2019 Chambers USA (April 25, 2019)
Eversheds Sutherland is pleased to announce that 19 practices and 55 attorneys have earned recognition in the 2019 edition of Chambers USA: America’s Leading Lawyers for Business. Chambers USA, a ...
Eversheds Sutherland Represents Oglethorpe Power Corporation on $1.6 Billion DOE Loan Guarantee (March 26, 2019)
Eversheds Sutherland is pleased to announce that it represented Oglethorpe Power Corporation (OPC) on finalizing an agreement for a $1.62 billion loan guarantee with the US Department of Energy ...
18 Eversheds Sutherland Practice Areas, 68 Attorneys Named Among Nation’s Best in 2018 Legal 500 United States (May 30, 2018)
Eversheds Sutherland (US) LLP is pleased to announce that 18 practice areas and 68 attorneys have been recognized in the 2018 edition of The Legal 500 United States, a comprehensive survey of legal ...
19 Eversheds Sutherland Practice Areas, 59 Attorneys Named Among Nation’s Best in 2018 Chambers USA (May 3, 2018)
Eversheds Sutherland (US) LLP is pleased to announce that 19 practices and 59 attorneys have earned recognition in the 2018 edition of Chambers USA: America’s Leading Lawyers for Business. Chambers ...
Four Eversheds Sutherland Attorneys Named Lawyer of the Year; 80 Lawyers Recognized in 2018 Edition of The Best Lawyers in America (August 15, 2017)
Eversheds Sutherland is pleased to announce that four attorneys have been selected as “Lawyer of the Year” in their respective fields by The Best Lawyers in America, and 80 attorneys have been ...
19 Eversheds Sutherland (US) Practice Areas, 58 Attorneys Named Among Nation’s Best in 2017 Legal 500 United States (May 31, 2017)
Eversheds Sutherland (US) LLP is pleased to announce that 19 practice areas and 58 attorneys have been ranked in the 2017 edition of The Legal 500 United States. Legal 500 is a comprehensive survey ...
20 Eversheds Sutherland (US) LLP Practice Areas, 56 Attorneys Named Among Nation’s Best in 2017 Chambers USA (May 26, 2017)
Eversheds Sutherland (US) LLP is pleased to announce that 20 practices and 56 attorneys at the firm earned recognition in the 2017 edition of Chambers USA: America’s Leading Lawyers for Business. ...
Six Sutherland Attorneys Named Lawyer of the Year; 81 Lawyers Recognized in 2017 Edition of The Best Lawyers in America (August 15, 2016)
ATLANTA and WASHINGTON-Sutherland Asbill & Brennan LLP is pleased to announce that that six attorneys have been selected as “Lawyer of the Year” in their respective fields by The Best Lawyers in ...
16 Sutherland Practice Areas, 59 Attorneys Named Among Nation’s Best in 2016 Legal 500 United States (June 16, 2016)
ATLANTA and WASHINGTON-Sutherland Asbill & Brennan LLP is pleased to announce that 16 practice areas and 59 attorneys have been ranked in the 2016 edition of The Legal 500 United States. Legal 500 is ...
21 Eversheds Sutherland (US) LLP Practice Areas, 56 Attorneys Named Among Nation’s Best in 2016 Chambers USA (May 27, 2016)
Eversheds Sutherland (US) LLP announces that 21 practices and 56 attorneys at the firm earned recognition in the 2016 edition of Chambers USA: America’s Leading Lawyers for Business. Chambers USA, a ...
Awards and Rankings
Recognized as Lawyer of the Year by The Best Lawyers in America in the area of mergers and acquisitions law (2017)
Recognized by The Legal 500 United States in the area of energy: transactions (2015); energy transactions: conventional power (2016-2018);energy transactions: oil and gas (2016);and energy regulatory: oil and gas (2018)
Recognized by Chambers USA: Guide to Leading Business Lawyers in the area of energy (2005-2019)
Named to The Best Lawyers in America in the area of energy law (2010-2019) and mergers and acquisitions law (2016-2019)
Selected for inclusion in Georgia Super Lawyers (2004-2006, 2010-2014)
Awards and Rankings
Herbert Short Receives Client Choice Award for Energy and Natural Resources (April 16, 2014)
Sutherland Asbill & Brennan LLP is pleased to announce that Herbert J. Short, Jr. has been selected as a Client Choice 2014 award winner for Energy and Natural Resources in Georgia. Established in ...
[Eversheds] Sutherland has worked with electric cooperatives since 1975, addressing significant challenges and capturing promising opportunities.
Legal Alert: House bill proposes tax credit extensions for renewable energy, biodiesel and alternative fuels and other energy tax provisions (November 30, 2018)
On November 26, the House of Representatives released a tax bill (Extenders Bill) that, if enacted, would extend certain tax credits for the renewable energy and alternative fuels industries and ...
Legal Alert: SEC adds two new disclosure events to Rule 15c2-12 (August 23, 2018)
On August 20, 2018, the US Securities and Exchange Commission (SEC) adopted amendments to Rule 15c2-12 under the Securities Exchange Act of 1934. These amendments require additional disclosure ...
Legal Alert: Energy tax extenders package passed (February 13, 2018)
The Bipartisan Budget Act of 2018 (2018 BBA) passed by Congress and signed into law on February 9, 2018, extends and changes tax credits for the renewable energy, alternative fuels and nuclear energy ...
Legal Alert: Tax Extender Act of 2017 Proposes Changes for Renewable and Nuclear Power, Alternative Fuels and Other Energy Tax Provisions (January 5, 2018)
The Tax Extender Act of 2017 (Extenders Bill) would, if enacted, extend and change tax credits for the renewable energy, alternative fuels and nuclear energy industries, and also would make other ...
Legal Alert: Final Tax Reform Bill Released - What Does it Mean for the Energy Sector? (December 19, 2017)
On December 15, 2017, the House-Senate Conference Committee released a revised version of the Tax Cuts and Jobs Act (the Final Bill) that is expected to be passed by the House of Representatives and ...
Legal Alert: A Comparison of the Energy Tax Changes in the Proposed House and Senate Tax Reform Bills (November 16, 2017)
On November 9, 2017, the Senate Finance Committee released a Description of the Chairman’s Mark of the “Tax Cuts and Jobs Act” and on November 14, 2017, the Senate Finance Committee released a ...
Legal Alert: Energy Tax Changes Proposed by House Republicans Tax Reform Bill (November 7, 2017)
On November 2, 2017, Republicans on the House Committee on Ways and Means released their much anticipated tax reform bill, titled the Tax Cuts and Jobs Act (as modified by Chairman Brady on November ...
Legal Alert: Annual Determination of Foreign Private Issuer Status-Determination Date for Many Foreign Private Issuers is Friday, June 30, 2017 (May 1, 2017)
It is almost time for foreign companies that operate as foreign private issuers (FPIs) under the US federal securities laws to assess their status as FPIs. An FPI is required to reassess its status ...
Legal Alert: Omnibus Highway Bill Contains a Grab Bag of December Surprises for Public Companies and Companies Aspiring to Go Public (January 11, 2016)
In December 2015, President Barack Obama signed into law an omnibus highway bill called “Fixing America’s Surface Transportation Act” or the “FAST Act.” This new law (i) amends certain sections of ...
Legal Alert: Eighth Circuit Upholds FERC Rule on Co-op Avoided Cost Rates (October 8, 2015)
The U.S. Court of Appeals for the Eighth Circuit has upheld the long-standing determination by the Federal Energy Regulatory Commission (FERC) that the avoided cost rate paid by a distribution ...
SEC's Proposed 'Conflict' Resolution (July 10, 2012)
Eversheds Sutherland Global Tax Brief (December 2017)
The Eversheds Sutherland Global Tax Brief is a collection of tax developments from our attorneys across the globe. We hope you enjoy this issue of the Brief and look forward to sharing more updates ...
We identified a real need in the energy coop sector for a central source of information, so we developed CoopLawBlog.com, which provides daily information that impacts the industry. Cooperative stakeholders are now just one click away from cutting-edge news that affects their businesses.
Board of Visitors, University of Georgia School of Law
Past Chair, Business Law Section, State Bar of Georgia
Board of Directors and Executive Officer, Georgia Chamber of Commerce (2011-2018)
Chair (2005) and Atlanta Chair (2004 & 2012), Georgia Chamber of Commerce Red Carpet Tour, one of Georgia's premier marketing and economic development initiatives
Member (1995); Board of Trustees (1997-1999), Leadership Georgia
Member, Corporation, Banking and Business Law and Public Utility Law Sections, and the Electric Cooperative Bar Association, American Bar Association
Member, Business and Finance Section, Atlanta Bar Association
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