Seth Kerschner

Partner, New York

Biography

“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

Pfizer Inc., as environmental counsel, in connection with Pfizer's agreement with GlaxoSmithKline to create a consumer healthcare joint venture with global sales of approximately US$12.7 billion.

LifePoint Health, Inc. (NASDAQ: LPNT) in its US$5.6 billion merger with RCCH HealthCare Partners, which is owned by certain funds managed by affiliates of Apollo Global Management, LLC (NYSE: APO).

Brookfield Asset Management in its CAD$4.3 billion acquisition of Enercare Inc.

Summa Equity AB in its acquisition of Olink Proteomics Holding AB, a Swedish life science company.

Calpine Corporation in its sale of two gas-fired power plants, Garrison Energy Center, a 325MW combined cycle plant located in Delaware, and RockGen Energy Center, a 503MW peaker located in Wisconsin.

Anthem, Inc. in the acquisition of Beacon Health Options, the largest independently held behavioral health organization in the US.

Pernod Ricard, SA, the world's second-largest distiller, in its acquisition of a majority interest in Rabbit Hole Spirits, LLC, a US premium bourbon brand.

Capgemini, a global leader in consulting, technology services and digital transformation, in the acquisition of Leidos Cyber, the commercial cybersecurity division of Leidos.

Macquarie Infrastructure Corp. in its sale of Bayonne Energy Center, a power generation facility in New Jersey.

Dwyer Franchising LLC, one of the world's largest franchisor of home service brands.

SodaStream International Ltd., in its US$3.2 billion sale to PepsiCo, Inc.

Dominus Capital, L.P. in its acquisition of EMPG Holding Company; and in its acquisition of BluSky Restoration Holdings LLC.

L2 Brands, LLC, a manufacturer of premium collegiate apparel and accessories, in its acquisition of L & W Apparel, LLC.

Sempra Energy (NYSE: SRE) in the US$1.275 billion acquisition by Oncor Electric Delivery Company LLC, a subsidiary of Sempra, of InfraREIT, Inc., which owns electrical power lines, substations and transmission towers in Texas, We also advised Sempra Energy in the acquisition of a 50% limited partnership interest in a holding company that will own Sharyland Utilities, LP, a Texas-based electric transmission utility owned by members of the Hunt Family.

CVC Capital Partners in the US$1.8 billion acquisition of ConvergeOne Holdings, Inc. (NASDAQ: CVON; and in its US$1.425 billion acquisition of PDC Brands, a beauty and personal care products company;

Carlyle Power Partners in the US$590 million acquisition of three natural gas-fired generation facilities in New England, known as Bridgeport Energy, Tiverton Power and Rumford Power.

Vale S.A. (NYSE: VALE), a Brazilian mining company and the largest producer of iron ore and nickel in the world, in its US$550 million acquisition of Ferrous Resources Limited, a mid-sized iron ore company in Brazil.

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.

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 in its US$1.2 billion acquisition of Duke Energy's assets in Brazil.

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 its agreement to acquire 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. 
 

Speaking Engagements

Seth Kerschner is an environmental law lecturer at Columbia University, and has previously taught environmental law at Boston College.

Awards and Recognition

The Best Lawyers in America: Environmental Law (2019)

Recognized Individual for Environment: Transactional Chambers USA (2019)

Recipient of a "40 under 40 Emerging Leaders Award", The M&A Advisor (2018)

"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)