Energy Mergers & Acquisitions

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 represents an international energy distribution company in its acquisition of a solar facility.
Representing an international energy distribution company in its acquisition of a solar facility, Sutherland lawyers structured the transaction to ensure compliance with the section 1603 treasury grant, negotiated definitive purchase and sale agreements and related EPC and O&M agreements and conducted full due diligence, including analysis of the environmental issues.

Provided due diligence and regulatory advice to Siemens Industry, Inc. in its acquisition of Pace Global Energy Services, a leading energy consulting and management company.
Represented Siemens Industry, Inc. in its acquisition of Pace Global Energy Services, a leading energy consulting and management company based in Fairfax, Virginia. We provided due diligence services and regulatory and other advice in connection with this matter.

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§  “Diversity at Sutherland Asbill & Brennan LLP” to “Diversity at Eversheds Sutherland (US) LLP”

§  “Diversity” section:

o   The firm’s emphasis on diversity is reflected in numerous ways throughout the firm, such as the manner in which we recruit lawyers and other employees, our work-life policies and our professional service efforts. We have been recognized for our achievements in diversity.  More importantly, we understand the significant role a diverse community plays in the firm's growth and development.

§  “Our Awards and Recognitions” section:

o   Eversheds Sutherland (US) LLP continues to be recognized for its efforts to promote diversity in the workplace and in the legal profession. In 2016 we were named a “Best Place to Work for LGBT Equality,” having earned a perfect 100 score on the Human Rights Campaign’s Corporate Equality Index, and we also were ranked a Top 100 Firm for Minority Attorneys by Law360. In addition, the firm was awarded the Gold Standard Certification for the fifth consecutive year by the Women in Law Empowerment Forum.

§  “Our Commitment” section:

o   Eversheds Sutherland (US) LLP is committed to promoting diversity within the firm and in the legal profession.  We believe that diverse skills, knowledge and viewpoints make us a stronger, more productive law firm.  We hire and promote qualified lawyers and other professionals regardless of race, color, national origin, religion, disability, gender, gender identity or sexual orientation.  We understand that diversity enhances our value to clients by allowing us to staff our client teams with professionals who possess broad experiences and a spectrum of perspectives.

o   Eversheds Sutherland (US) LLP has a cross-office Diversity Committee with responsibility for supporting and enhancing our firm culture.  Our committee has helped coordinate and lead a number of efforts to advance diversity within our firm and the community. Affinity groups at the firm serve as support networks for attorneys of color; women lawyers; and gay, lesbian, bisexual and transgender attorneys.

o   We are committed to working with our clients as they pursue the common goal of a professional workplace where opportunity is available to all.

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