My years of experience as a practicing attorney have allowed me to develop deep knowledge of certain areas of commercial law. I can bring this experience to bear to support client needs either as lead advisor or as a “second set of eyes” or for “sanity checks” at hourly rates significantly lower than those charged by large firms. In both the US or cross-border context, these areas are:
- Limited liability agreements and other corporate organizational documents. I have drafted or negotiated dozens of limited liability company and shareholder agreements and also heard disputes on several of them as an arbitrator. Experience has shown that parties continually make errors in these agreements on control, distribution, member exit and dispute resolution provisions. I can identify and rectify these quickly.
- Power project development agreements, including, for numerous projects:
- Equipment supply agreements for solar modules, wind turbines, batteries and balance of plant equipment;
- Power purchase agreements;
- Operations and maintenance and long term service agreements
I continue to represent renewable energy project developers in drafting and negotiating these agreements on their behalf.
- Construction contracts. I have drafted or negotiated numerous engineering, procurement and construction contracts to build power generation facilities, as well as other forms of construction or design build agreements. I continue to represent owners and contractors in the establishment of these agreements.
- Energy Services Agreements - I continue to represent owners and energy services companies party to these types of agreements, where a services company agrees to install power generation or efficiency measures on the site of a commercial or industrial company in order to reduce energy costs or provide reliability power. Installed technologies include solar, wind, combined heat and power, fuel cells and carbon capture equipment.
- Distribution and Sales Agency Agreements. I have advised manufacturers and served as an arbitrator in a number of disputes over the performance of distribution agreements (exclusive or otherwise) or sales agency agreements. As a result, I can advise on how to draft to avoid potentially problematic areas in these agreements or on how to approach disputes.
- Mergers and Acquisitions. I have acted as counsel and managed teams in many share and asset purchase or sale agreements, and acted as arbitrator in post-closing disputes. This has given me unique perspective on how to avoid pitfalls.
- Dispute Resolution Clauses. Experience has shown that frequently clauses in contracts relating to dispute resolution methods (submission to court jurisdiction or arbitration) are not well thought-out or drafted, which leads to confusion, waste of time and unnecessary costs if a dispute arises. I have studied and written extensively on how to think strategically about dispute resolution in contract formation and to draft effective agreements to arbitrate. This can apply to virtually any kind of contractual relationship, domestic or international.
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