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White & Case "is known for its ability to handle the most complex regulatory issues." Chambers Global 2010
With a strong presence in Washington, DC and the ability to leverage the capabilities of practitioners in a wide range of disciplines across a global network, lawyers in White & Case's Energy Markets and Regulatory practice provide clients with a combination of legal counsel and strategic business advice to assist them in achieving their commercial objectives.
The Energy Markets and Regulatory group assists clients with regulatory issues, energy project financings, energy company or asset sales and acquisitions, workout assessments, restructurings or bankruptcies and bet-the-company litigations. We work hard to find goal-oriented solutions to the challenges that our clients face based on our extensive understanding of how energy markets work.
The group is led by partner Earle O'Donnell, who also serves as the head of the Firm's Global Power Industry group, which combines the experience of over 60 partners with regulatory, litigation, financing, M&A, corporate, tax and antitrust capabilities from across our worldwide network. The Group provides access to the full scope of legal specialties required to serve clients in the power industry, whether they are financial institutions, equity investors, traditional utilities and companies involved with generation, transmission and distribution, or consumers of power.
The Energy Markets and Regulatory group also counsels clients and other members of the electric industry in complying with the North American Electric Reliability Corporation (NERC) reliability standards and avoiding reliability-related penalties. White & Case's proprietary NERC Database facilitates compliance by streamlining the enforcement actions taken by NERC and the eight regional entities in an easy-to-use format. The database can be accessed here.
A Recognized Leader
"White & Case LLP is a force in the energy markets internationally and its FERC practice continues to impress." The Legal 500 USA 2010
Ranked First Tier for Energy Law by U.S. News Best Lawyers "Best Law Firms" 2010
"Earle O'Donnell is roundly hailed as 'one of the top energy lawyers in the States – a man with a great ability to analyse matters from both a legal and a business perspective.'" Chambers Global 2010
"Donna Attanasio is a 'dedicated, intelligent lawyer who doesn't apply a one-size-fits-all answer to a question – she takes time to understand your company' and has a 'knack of balancing tactical decisions with strategic goals.'" Chambers Global 2010
More than Just Lawyers
Over the last few decades, our energy lawyers have guided clients through the evolution of the US and international energy sectors. As the US power industry has undergone a transition from a regulated industry dominated by integrated monopolies to one based upon vertically disaggregated components and competitors, we have pioneered strategies to protect market participants from the vagaries of an unstable market design and have helped our clients navigate the resulting market failures.
White & Case's energy lawyers provide legal counsel and strategic business advice to a wide range of clients in a number of arenas, including:
- Wholesale Market Transactions and Regulatory Proceedings
- Financial Transactions
- Electric Transmission and Transmission Organizations
- Natural Gas and LNG
- Mergers and Acquisitions
- Litigation
- Capital Markets and Securities
- Bank Finance
- Project Finance
- Structured Finance
- Insolvency and Workout
- Climate Change
Our track record speaks for itself. Representative examples of recent work include:
- Representation, as regulatory counsel, to Constellation Holdings, Inc. in connection with its agreement to acquire approximately 3,000 MWs of generation for $1.1 billion from Boston Generating, Inc., subject to bankruptcy court approval and auction proceedings.
- Representation of Constellation Energy Group, Inc. as regulatory counsel in connection with the acquisition of two 550 MW natural gas-fired generating facilities and related interconnection facilities in ERCOT.
- Representation of DTE Woodland LLC as federal energy regulatory counsel in connection with its purchase, from an affiliate of FPL Group, Inc., of a coal-fired cogeneration power plant in Stockton, California. The facility will be converted to biomass fuel use.
- Representation of BayernLB, Nord/LB, UBOC, Rabobank and Santander, as the lead arrangers, in connection with regulatory advice for the US$352 million project financing of the 150 MW Lost Creek wind farm in DeKalb County, Missouri.
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