Seth Kerschner | White & Case LLP International Law Firm, Global Law Practice
 Seth Kerschner
 Seth Kerschner

Seth Kerschner

Counsel, New York

T +1 212 819 8630

E skerschner@whitecase.com

“Seth Kerschner is highly adept at managing the environmental aspects of transactions and is also sought after for his expertise in environmental disputes. One commentator enthuses: ‘He has really good strategic insights and is an able and persuasive advocate.’”

Chambers USA 2017

Overview

Seth practices environmental law, and assists clients with transactions, environmental litigation, climate change matters, and environmental regulatory compliance. Seth's practice involves work with a broad range of public and private sector clients, including public and private companies, governments, and nonprofit organizations.

He advises domestic and international clients on environmental matters in the context of mergers, acquisitions, divestitures, financings, project development, securities offerings, bankruptcies and real estate transactions, and on governmental cleanup programs. In transactions, he advises clients through each environmental aspect of a deal, from designing and coordinating transaction-specific environmental due diligence assessments, through negotiating agreements, to handling closing and post-closing matters.

Seth also represents clients in environmental litigation, including Superfund and Clean Water Act disputes.

Seth has considerable climate change legal experience. He represents a nation in connection with the international climate change negotiations, and has counseled clients on Clean Development Mechanism projects.

Seth has been recognized by Law360 and Chambers USA as a leading environmental practitioner. Prior to joining White & Case, Seth practiced environmental law with another major US law firm in New York.

Bars and Courts

  • Massachusetts State Bar
  • New York State Bar
  • US District Court for the District of Massachusetts

Education

  • JD, Boston College Law School
  • Brown University

Languages

  • English

Experience

Calpine Corporation in its US$17 billion sale to Energy Capital Partners, an energy-focused private equity firm, and a consortium of investors including Access Industries and Canadian Pension Plan Investment Board.

Saudi Refining Inc. ("SRI"), a wholly owned subsidiary of Saudi Arabian Oil Company, in the discontinuation of Motiva Enterprises LLC ("Motiva") and the division of Motiva's assets, liabilities, and businesses between SRI and affiliates of its joint venture partner, Royal Dutch Shell PLC.

HOVENSA LLC, a joint venture formed by Hess Corporation and Petróleos de Venezuela, in the sale of substantially all of its U.S. Virgin Islands petroleum terminal and refining assets.

A foreign government in connection with its climate change treaty negotiations.

A major US corporation in litigation arising from the Lower Passaic River Superfund Site.

Conservation Law Foundation's environmental enforcement program in Clean Water Act litigation throughout New England.

Fortis Inc. in its on its issuance of US$2 billion notes and its US$11.3 billion acquisition of ITC Holdings Corp., an electric transmission company operating in the Great Lakes and Great Plains regions.

Morgan Stanley in connection with a loan to Homer City Generation, LP.

Environmental counsel to Macquarie Infrastructure Corporation and International-Matex Tank Terminals LLC in connection with their acquisition of a portfolio of seven oil terminals in the U.S. Southeast and Southwest.

Hess Corporation on the environmental aspects of its US$1.8 billion notes offerings.

China Three Gorges Corporation (CTG) in its US$1.2 billion acquisition of Duke Energy's assets in Brazil.

CVC Capital Partners in its US$1.425 billion acquisition of PDC Brands, a beauty and personal care products company.

Triton Partners in the acquisition of WernerCo, a Switzerland-based fully integrated international manufacturer and distributor of ladders, secure storage systems and light duty construction equipment.

SDIC Fund Management Co., Ltd. in the US$46.6 million acquisition of an ownership stake in Maxwell Technologies, Inc.

Harvest Partners in its acquisition of PRO Unlimited, a provider of contingent workforce management services and software.

Certares LP in the acquisition of Guardian Alarm and Guardian Medical Monitoring.

Dynegy Inc. in the purchase by its wholly-owned subsidiary, Dynegy Zimmer of AEP Generation Resources Inc.'s interest in the Wm. H. Zimmer Generating Station; and in the sale by Dynegy's wholly-owned subsidiary, Dynegy Conesville, LLC  of its interest in the Unit 4 Conesville Generating Station to AEP.

Quad-C Management, Inc. in its investment in Pharm-Olam International, Ltd.

Publications

  • New York, Brownfields: A Comprehensive Guide to Redeveloping Contaminated Property—Third Edition, Chapter 58, Published by the Section of Environment, Energy and Resources Law, American Bar Association, 2010
  • Environmental Disclosure, The Year in Review 2010, Published by the Section of Environment, Energy and Resources Law, American Bar Association

Awards & Recognition

"Up & Coming Individual" for Environment: Mainly Transactional, Chambers USA (2017)

Recognized Individual for Environment: Litigation and Transactional, Legal 500 USA (2017)

"Associate to Watch" for Environment: Mainly Transactional, Chambers USA (2015)

Named an Environmental "Rising Star", Law360 (2013)