Thomas H. Warren

Thomas H. Warren: Attorney with Eversheds Sutherland (US) LLP
Attorney Awards

Biography

Tom Warren co-leads Eversheds Sutherland's Energy Projects team. Tom helps his clients manage risk and strategically negotiate complex transactions, including mergers and acquisitions, energy commodity transactions and project development.

Tom’s clients are strategic investors, independent power producers, electric utilities, including electric cooperatives and investor-owned utilities, private equity funds, commodity trading firms and other institutional investors. Tom represents buyers and sellers in business combinations in the energy industry, including acquisitions and dispositions of all types of electric generation and transmission assets, mergers, stock and other equity purchases, joint ventures and structured alternatives such as power pooling arrangements. Tom counsels clients on all aspects of renewable energy project development, construction and operation including wind (onshore and offshore), solar, geothermal, biomass and hydro assets. He has extensive experience advising on construction agreements. He regularly handles physical and financial power purchases and sales. This work includes structured and financeable long-term power supply and hedging arrangements, energy management agreements, asset management transactions, and trading of physical and financial products under master agreements, including ISDA, EEI, NAESB and WSPP agreements.

Tom also helps clients structure and negotiate transactions throughout the liquefied natural gas (LNG) value chain, including long-term LNG sale and purchase agreements, master sale and purchase agreements, import and export terminal use agreements, multiuser (intershipper coordination) agreements and downstream arrangements.

A long-time champion of renewable energy and sustainability, Tom leads the Eversheds Sutherland (US) multidisciplinary Sustainability Committee, which is committed to the promotion of environmentally friendly business practices.

Experience

“Clients hire Eversheds Sutherland (US) because we’re a true energy law firm. They don’t just get a corporate lawyer who can do an M&A transaction but who doesn’t know the energy business. They get a firm that knows the energy business and that brings a team of lawyers-commercial, regulatory, tax, environmental, real estate-who actually do energy law on a day-to-day basis. We can quickly help them reach answers-without them having to explain their business to us.”

Experience

Represented Enbridge Inc. in negotiating the acquisitions of shovel-ready wind power projects in Texas (249 MW) and West Virginia (103 MW), including Turbine Supply Agreements, BOP contracts, offtake agreements and tax equity financing arrangements.
Represented Energy Power Partners in the purchase of the renewable energy unit of Talen Energy Corp. The acquired portfolio consisted of 25 renewable energy projects - solar, wind and landfill gas facilities - in four states.
Represented Microsoft in its first wind energy secured hedge transaction opposite RES Americas for a utility-scale wind project in ERCOT.
Represented Morgan Stanley in the acquisition of two solar projects totaling 20 MW.
Represented Axiall in a joint venture with Lotte Chemical for the development, construction and operation of an ethane center in Louisiana.
Advised energy distributor on Silver State North acquisition.
Advised Oglethorpe Power Corporation in an acquisition worth more than half-a-billion dollars.
Represented Rockland Capital in acquiring a 290-MW natural gas power plant.
Advises a US wind energy development development company on the negotiation of power purchase agreements with seven electric utilities.
Counsels a company that specializes in the development of behind-the-meter and front-of-the-meter solar-plus-battery storage project business.
Represents a South Carolina electricity and natural gas provider in its agreement with Clean Energy Collective to develop community solar projects and to provide customer rate credits.

Publications

“I like making the deal. I like helping companies come together to negotiate a transaction where they can ultimately reach an agreement that’s mutually beneficial to both sides; such as transferring an asset to a party that can better finance or operate it, or helping to get an asset developed. It’s very satisfying to help companies work together to develop a new renewable energy asset.”

Legal Alerts

Legal Alert: Time may be running out for Texas property tax abatements (January 23, 2019)
The Texas state legislature must decide whether or not to extend the ad valorem property tax abatement program currently authorized under state law. The program is currently set to expire on ...

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: IRS tells utility not to count its (deferred tax) chickens before they hatch (October 24, 2018)
The affiliated group of which a taxpayer-utility was a wholly owned subsidiary filed tax returns on which it did not claim bonus depreciation since the availability of bonus depreciation had ...

Legal Alert: IRS rules that a method of reflecting a federal income tax settlement in ratemaking violated the consistency rule of normalization (July 17, 2018)
In PLR 201828010, the Internal Revenue Service (IRS) considered the proper ratemaking treatment for reflecting the results of a federal income tax settlement. The taxpayer was a member of an ...

Legal Alert: The long-awaited “solar beginning of construction notice”-Notice 2018-59 provides guidance for solar and other section 48 ITC-eligible facilities (June 27, 2018)
On June 22, 2018, the Internal Revenue Service (IRS) issued much-anticipated guidance to help developers of, and other industry participants in, solar, qualified fuel cell, qualified microturbine, ...

Legal Alert: IRS releases 2018 section 45 production tax credit amounts (June 25, 2018)
The Internal Revenue Service (IRS) recently published Revenue Procedure 2018-50, which provides the inflation-adjustment factors and reference prices to be used in the calculation of renewable energy ...

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: IRS Releases 2017 Section 45 Production Tax Credit Amounts (April 18, 2017)
On April 12, 2017, the Internal Revenue Service (IRS) published the 2017 inflation-adjustment factors and reference prices used in the calculation of renewable energy production tax credits under IRC ...

Articles

Wind Hedges with Corporate Buyers: Opportunities and Pitfalls (October 3, 2016)
North American Windpower
Over the last decade, rising shareholder and public pressure for corporate social responsibility has spurred an aggressive push for companies to green their electricity purchases through large-scale ...

Understanding Consequential Damages (September 17, 2012)
Managing Power
Co-authors Thomas H. Warren and W. Jason Allman, both attorneys in Sutherland’s Energy and Environmental Practice Group, break down the importance of closely considering the impact of consequential ...

Achieving True Market Value (April, 2007)
Reprinted with permission Fundamentals of LNG

Successful European Terminal Projects Must Run Regulatory, Commercial Gauntlets (April/June 2007)
Reprinted with permission LNG Observer

Formal Agreements Needed for Best Use of Multi-Shipper Terminal (July 2006)
Reprinted with permission LNG Observer

Office Sustainability: Tips for a Successful Program (Summer 2012)
Partnering Perspectives (Summer 2012)

Newsletters

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 ...

Presentations

“Eversheds Sutherland (US) actively looks for new ways to reduce the environmental impact created by everyday business in our offices. I am excited to lead the firm’s efforts to adopt more sustainable business practices.”

Presentations

2015 ACC Annual Meeting (October 18, 2015 - October 21, 2015)
Sutherland is proud to be a returning sponsor of the Association of Corporate Counsel’s Annual Meeting, taking place October 18-21, 2015, in Boston. The ACC Annual Meeting is the largest gathering of ...

Webcast: Alternative Investments: Opportunities in Energy Investing (June 12, 2014)
With recent changes in the marketplace for physical commodities trading, project development and finance, it is important to consider how such changes have resulted in the burgeoning demand for ...

How to Get a Better LTSA (February 25, 2014)
With a number of third-party providers joining original equipment manufacturers in providing parts and services for power plants, the market for long-term service agreements (LTSA) has never been ...

Understanding Consequential Damages (September 17, 2012)
Managing Power

Current Issues in Energy Trading Agreements (September 11, 2012)
2012 Webinar Series: Electric Cooperative Issues
Sutherland Attorneys David T. McIndoe, Jennifer J. Kubicek and Thomas H. Warren are leading the second webinar in the 2012 Webinar Series: Electric Cooperative Issues, being held Tuesday, September ...

AWEA WINDPOWER 2012 - Conference and Exhibition (June 3, 2012)
AWEA WINDPOWER
Members of Sutherland’s Energy and Environmental Practice Group are participating in this year’s AWEA WINDPOWER Conference, June 3-6, 2012 in Atlanta, Georgia. It provides an opportunity for ...

Top Five Things to Beware of in Consequential Damages Limitations (April 18, 2012)
ACC Legal Quick Hit
Sutherland Partner Thomas H. Warren is speaking during a Legal Quick Hit sponsored by the ACC on April 18, 2012. His presentation is titled Top Five Things to Beware of in Consequential Damages ...

Considerations in Renewable Energy (October 25, 2011)
Sutherland Webinar Series: Electric Cooperative M&A Issues
Sutherland attorneys Thomas H. Warren, Dorothy Black Franzoni and Ram C. Sunkara are speaking at the Sutherland Webinar Series: Electric Cooperative M&A Issues. Throughout this series Tom, Dorothy ...

5 Keys to Long-Term Power Purchase Agreements That Are Not in the Term Sheet (June 15, 2011)
ACC Legal Quick Hit
Sutherland Partner Tom Warren presented 5 Keys to Long-Term Power Purchase Agreements That Are Not in the Term Sheet” for ACC's Legal Quick Hit series. This Legal Quick Hit will cover the 5 things ...

Electric Cooperative Mergers & Combinations (May 24, 2011)
Sutherland Webinar Series: Electric Cooperative M&A Issues
Sutherland attorneys Thomas H. Warren, Dorothy Black Franzoni and Ram C. Sunkara are speaking at the Sutherland Webinar Series: Electric Cooperative M&A Issues. Throughout this series Tom, Dorothy ...

News

In the News

ArcLight Sells Texas Gas-Fired Project (September 6, 2016)
Power Finance & Risk
Sutherland is mentioned in this Power Finance & Risk article for its role as legal counsel in Rockland Capital’s acquisition of a natural gas-fired combined cycle facility located in Victoria, Texas, ...

The GC’s Dilemma: Litigation Spend Spiraling Out Of Control and No One is Listening (May 9, 2016)
Canadian Lawyer Magazine
Sutherland Partner Thomas Warren is quoted in an article published by Canadian Lawyer Magazine regarding his recent panel discussion during an Association of Corporate Counsel event in Calgary, which ...

Sutherland Attorneys Manage Wind, Gas and Oil Deals (December 4, 2015)
Daily Report
In an article published by the Daily Report, a number of Sutherland attorneys in Atlanta, Houston, New York and Washington DC are recognized for handling three energy deals in wind, natural gas and ...

In Clean Energy Crusade, Hard to Tell Friend from Foe (August 19, 2015)
Law360
Partner Thomas Warren is quoted in a Law360 article regarding how potential environmental issues may cause significant holdups for large-scale renewable development projects. “Most of these projects ...

Buyout Firms Charge Ahead While Retail Investors Tremble (March 31, 2015)
The Deal
Partners Ram Sunkara and Thomas Warren are quoted in an article for The Deal regarding the recent spike in energy-specific deal flow and capital raising by private equity firms. The investment cycle ...

EDF EN Canada buys Alberta wind project for $600M (April 9, 2013)
Sutherland Partner Tom Warren was recently mentioned in an article in The Deal Pipeline for his role in counseling Enbridge Inc. in its acquisition of the 300-megawatt Blackspring Ridge wind project ...

Press Releases

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 Purchases RECs from Capital Power (March 11, 2019)
Eversheds Sutherland is pleased to announce that it has purchased Renewable Energy Credits (RECs) as part of the organization’s environmental sustainability program. The RECs represent a 100% offset ...

Eversheds Sutherland Represents Shell in Acquisition of Greenlots (February 7, 2019)
Eversheds Sutherland is pleased to announce that it represented Shell New Energies US LLC (Shell) in its agreement to acquire Greenlots, a US-based leader in electric vehicle (EV) charging and 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. ...

Sutherland Represents Rockland Capital in Acquiring a 290-MW Natural Gas Power Plant (September 1, 2016)
ATLANTA-Sutherland Asbill & Brennan LLP is pleased to announce that the firm represented Rockland Capital, LLC (Rockland) in connection with its affiliate, Redback Power, LLC, acquiring a 100% ...

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 ...

Blogs/Social Media

“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.”

Awards and Rankings

Recognized by The Legal 500 United States in the area of energy: transactions (2015); energy: renewable/alternative (2016-2018);energy transactions: conventional power (2017-2018);and energy regulatory: oil and gas (2018)

Named to The Best Lawyers in America in the area of energy law (2013-2019)

Named a “Rising Star” by Energy Law360 (2010)

Selected for inclusion in Georgia Super Lawyers “Rising Stars” (2007)

Received 1,000 Downloads of ACC Top Ten: Top Ten Consequential Damages Waiver Language Provisions to Consider

Multimedia

Webcast: Alternative Investments: Opportunities in Energy Investing (June 12, 2014)
With recent changes in the marketplace for physical commodities trading, project development and finance, it is important to consider how such changes have resulted in the burgeoning demand for ...

Webcast: 2012 Webinar Series: Electric Cooperative Issues - Current Issues in Energy Trading Agreements (September 11, 2012)
Sutherland Attorneys David T. McIndoe, Jennifer J. Kubicek and Thomas H. Warren are leading the second webinar in the “2012 Webinar Series: Electric Cooperative Issues, being held Tuesday, September ...

Areas of Practice (9)

  • Energy & Infrastructure
  • Renewable & Alternative Energy
  • Electric Cooperatives
  • Energy Mergers & Acquisitions
  • Energy Finance & Project Development
  • Trading & Transactions
  • Liquefied Natural Gas (LNG)
  • Construction
  • Electric Utilities

Education & Credentials

Contact Information:
University Attended:
Williams College, B.A., cum laude
Law School Attended:
Duke University School of Law, J.D., with high honors
Year of First Admission:
1996
Admission:
1997, Georgia; 1996, New York
Memberships:

Professional Activities

Member, Clean Tech Leadership Council, Metro Atlanta Chamber of Commerce
Member, MAC Environmental Policy &Sustainability Committee, Infrastructure Council
Member, LNG Sales Agreement Subcommittee, Association of International Petroleum Negotiators
Member, Contract Drafting Committee, Edison Electric Institute

Birth Information:
Rochester, New York, June 17, 1970
ISLN:
909788092

Peer Reviews

5.0/5.0 (1 review)
Peer Reviewed
  • Legal Knowledge

    5.0/5.0
  • Analytical Capability

    5.0/5.0
  • Judgment

    5.0/5.0
  • Communication

    5.0/5.0
  • Legal Experience

    5.0/5.0
  • 5.0/5.0 Rated by a Partner on 01/28/16 in Energy Project Development

    Tom is very professional and easy to work with.

    Tom is very professional and easy to work with. Read less

    Read less

*Peer Reviews provided before April 15, 2008 are not displayed.

Documents (6)

Documents by this lawyer on Martindale.com

Atlanta, Georgia

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