Energy transactions: conventional power in United States

Defined by its breadth of practice and depth of talent, Baker Botts L.L.P. is a leading firm in power, utilities and renewables; corporate and M&A; and project development transactions. The practice has experience handling mega-utility mergers and is active in capital markets transactions, bankruptcy and restructurings, and auctions for power assets; along with power and utility investments by strategic players and private equity funds, power project development and financing, and wholesale and retail energy transactions. based in Washington DC, Elaine Walsh handles energy-company mergers, energy-asset acquisitions, divestitures and investments, the development of electricity generation and fuel transportation and storage projects; she co-leads the team with New York-based transactional specialist Michael Didriksen.

Kirkland & Ellis LLP's multidisciplinary practice covers the full array of conventional power matters, notably the acquisition and sale of energy and infrastructure assets and the financing of private and public companies, as well as acquisitions, going-private transactions, spin-off transactions and the acquisition of minority interests. Andrew Calder leads the team from Houston and focuses on M&A, corporate and securities law, and corporate governance with a particular orientation towards the energy sector. Additional key names in the practice include Kristin Mendoza, in New York, who advises public and private companies (including private equity firms and strategic investors) on conventional power issues; and Rohit Chaudhry, in Washington DC, who focuses on energy and project-finance transactions, sales and acquisitions, and project restructurings across the energy spectrum.

Active across the spectrum of power sector matters, Latham & Watkins LLP’s broad expertise covers conventional power generation, transmission and distribution infrastructure, renewables, energy storage, nuclear power generation and evolving electric power technologies. The team specialises in finance, project finance, IPPs and M&A advice to conventional power players, as well as being particularly active in the private equity segment. New York-based Eli Katz leads a deep bench of experts, key names among them include: Christopher Cross in New York, who is an experienced corporate and finance lawyer in the energy industry; transactional expert David Kurzweil, who also works out of New York; and Lauren Anderson in Houston, whose strengths are private equity transactions, M&A and general corporate matters for energy and infrastructure industry clients. The group was further strengthened in 2021 by the arrival Houston-based Trina Chandler from Vinson & Elkins LLP; she is known for her M&A expertise across the power and renewables, energy transition, and infrastructure sectors.

Ryan Holcomb leads the Bracewell LLP team from Houston and advises private equity investors, energy companies, utilities, financial institutions and commodity trading businesses across the power sector. The team’s broad experience includes generation involving all fuel types, transmission, the acquisition and divestiture of conventional power assets, joint ventures, equity investments, project finance and energy project development. An additional area of strength for the practice is financial products in the power industry, including physical and financial commodity and hedging transactions.

Gibson, Dunn & Crutcher LLP handles a range of electricity generation M&A transactions, project acquisitions and investments, project development, joint ventures, project financings and capital markets transactions. In term of M&A, the practice is particularly known for representing the acquirer or target in large utility transactions. Peter Hanlon specialises in M&A, capital markets and other securities offerings, primarily representing acquirers, sellers, investors and strategic partners in the energy sector. He co-leads the team with Nicholas Politan, whose forte is domestic and cross-border energy-related transactions, including M&A, financings, project development, construction, operation and restructuring; both individuals are based in New York.

Combining expertise in energy trading and energy transactions with a background in utilities, McGuireWoods LLP can handle a variety of conventional power matter. The firm has experience representing infrastructure and PE funds involved in energy sector M&A - and in a recent highlight assisted in the creation of the Southeast Energy Exchange Market, an innovative project to create a centralized, automated, intra-hour energy exchange. Richmond-based Joanne Katsantonis focuses on M&A, energy transactions and financing, and is practice co-head along with Brian Kelly in Baltimore; he advises energy industry and financial clients on a range of transactional issues.

Known for its cross-border project finance and development expertise, Milbank advises key players -including debt and equity investors, private sponsors and government lenders- on conventional power projects domestically and internationally. Practice head Daniel Bartfeld has particular expertise in multi-sourced financings, as well as representing international investors in development and M&A in Latin America. His team includes William Bice, who focuses on the development, financing, acquisition, disposition and restructuring of power generation and transmission projects, as well as being active in other energy and infrastructure projects; and Richard Hillman, whose experience covers advising lenders, sponsors and other project participants on US and international project and structured finance transactions. All named individuals are based in New York.

The multidisciplinary team at Orrick, Herrington & Sutcliffe LLP provides project financing, transactional, M&A, development and regulatory expertise. The practice’s electric regulatory expertise includes issues related to FERC rulings and contesting rulings that upend precedent, as well as challenging utility proposals for interconnection arrangements that inhibit the development of energy projects. The team is co-led from Houston by Blake Winburne, whose experience in the electric power sector includes oil and gas generation as well as renewable energy projects; and Dahl Thompson, who represents project sponsors, developers, utilities and strategic investors across the structuring, development, financing, acquisition and disposition of energy projects and companies.

Combining industry expertise with transactional and regulatory experience, Simpson Thacher & Bartlett LLP advises strategic and private equity clients across M&A, financing transactions, project development, corporate structuring and securing financing. Renewable and alternative power expert David Lieberman leads the team from Houston and can call on the expertise of New York-based Brian Chisling, who specializes in advising independent power producers, electric and gas utilities, pipeline companies, private equity funds and financing parties with respect to M&A, divestitures and securities issuances, as well as related federal and state regulatory issues.

Known for its power M&A, finance and regulatory expertise, White & Case LLP advises clients across the US and globally on a range of transactions, distressed sales, joint ventures, capital market offerings and project financings. The practice is also strong in the project components of debt and equity offerings. Nandan Nelivigi is head of the firm’s Americas Energy, Infrastructure and Project Finance team and specializes in innovative US power transactions. Another key name in the area is power M&A expert Michael Shenberg, who focuses on energy M&A, capital markets and financing transactions. Both Nelivigi and Shenberg are based in New York.

Combining project finance, corporate, lending, environmental, litigation, regulatory and tax expertise, Hunton Andrews Kurth LLP brings a multidisciplinary approach to its conventional power practice. Particular areas of advisory expertise include financing, tax, environmental and land use, FERC and energy regulatory, project development and real estate matters. Jeffrey Schroeder spearheads the practice from Washington DC and focuses on domestic and international project finance, notably project development and asset, stock and portfolio acquisitions.

Full service firm K&L Gates handles M&A, joint ventures, debt and equity offerings, project development and project finance matters related to the conventional power field. Strengths of the practice include corporate energy sourcing issues, as well as acting for institutional investors, including offshore funds, on a range of matters. The team is co-led by Elizabeth Crouse, based in Seattle, who has particular expertise in the carbon capture and renewables industries; San Francisco-based Buck Endemann, who focuses on renewables; and energy and infrastructure specialist Teresa Hill in Seattle.

Advising on sponsor and lender-side work, Norton Rose Fulbright has considerable experience in the financing of conventional power projects, as well as various types of energy hedges and corporate PPAs, and large battery, community solar, build-transfer agreements and other business models. The practice is particularly prominent in the energy-transition space, covering the spectrum of matters in the clean energy and green infrastructure segments along with the issues arising from the industry's transition toward a low-carbon or carbon neutral model. Tax and project finance expert Keith Martin in Washington DC co-leads the team with New York-based Ben Koenigsberg, who is a transactional specialist.

Providing ‘insight, thoughtful structure and careful diligence’, Shearman & Sterling LLP advises a range of clients including public and private power companies and utilities, commercial banks and investment firms in the conventional power sector. The practice stands out in the finance and project finance areas, and is recommended as ‘clearly amongst the top teams in the industry for advising lenders in conventional power project finance deals’. Project finance expert Gregory Tan co-leads the New York-based team with Robert Freedman, who specializes in conventional and renewable energy projects.

Joining the rankings this year, Mayer Brown’s expanding practice is bringing together practitioners with backgrounds that include government service, accounting firm positions and in-house experience. The group provides broad expertise that covers the spectrum of energy and transaction structures for a diverse client base of sponsors, lenders, tax equity investors, strategic investors, foreign investors, pension funds, private equity groups and money managers. Chicago-based Paul Astolfi  is practice co-head along with Fritz Lark in New York.

McDermott Will & Emery LLP handles a range of transactions across the energy sector, notably in the nuclear, hydroelectric, coal, oil and gas segments, as well as renewables. Advising on investments across all energy types, the practice group also provides a strong energy tax practice to clients including private equity funds and public utilities. The team is co-led by Los Angeles-based Edward Zaelke and Philip Tingle in Miami.

The multidisciplinary practice at Moore & Van Allen, PLLC advises energy companies, investors and lenders across the energy industry. The practice represents traditional and renewable energy facilities in acquisitions and divestitures, as well as advising private equity funds on the purchase and sale of energy companies and facilities. Another area of strength is assisting electricity generating projects with engineering procurement and construction agreements. Joe Fernandez leads the team from Charlotte and his expertise runs the gamut of transactional matters, including M&A, project finance, project contracts and the development of new facilities.

Specializing in energy capital markets, Pillsbury Winthrop Shaw Pittman, LLP represents energy and utility companies and their underwriters across the spectrum of capital markets transactions. Particular strengths for the firm include statute-based securitization financings, tax-exempt debt financings, project financings, sale and leasebacks, and forward equity sales. New York-based Jeffrey Delaney leads the team and focuses on specialized finance for energy, pharmaceutical and life insurance companies.

The energy M&A team at Winston & Strawn LLP has ‘all of the necessary expertise and harnesses its institutional knowledge of its clients very well’. The practice is experienced in conventional power acquisitions and disposals, notably PPAs and offtake arrangements, and combines this with strong environmental and real estate expertise. Mike Blankenship in Houston, New York-based Mike Pikiel, Rich Shutran (also in New York) and Joe Karp in San Francisco co-lead a team of practitioners who are complemented for ‘their level of dedication to their clients’. Another key name in the area is Jonathan Birenbaum (in New York), who represents strategic and financial clients in complex transactions involving a range of structures and assets.