Hodgson Russ LLP - Renewable Energy Supply Chain

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Hodgson Russ provides comprehensive U.S. legal services to clients in all facets of the renewable energy industry, including manufacturers, suppliers, construction companies, and other critical components of the renewable energy supply chain. From our experience working on major wind, solar, landfill gas-to-energy, and bioenergy projects, we have developed an in-depth understanding of renewable energy technologies, the unique legal and business landscapes of this industry, and the interconnection of all the various pieces of a successful project. Our attorneys combine this knowledge with solid legal corporate, tax, real estate, intellectual property, finance, and litigation skills to help clients achieve their objectives in this highly regulated, intensely competitive, and quickly evolving business sector.

No matter how a business is connected to the industry, our Renewable Energy Practice Group can help. We know the unique challenges faced by wind, steam, and gas turbine manufacturers; electrical and mechanical component manufacturers and suppliers; construction contractors and equipment suppliers; transportation and shipping companies; and others in the supply chain.

And with longtime experience handling the specific legal needs of Canadian and other foreign firms operating or seeking to establish operations in the United States, we are particularly attuned to the challenges posed by crossborder transactions and therefore well positioned to guide clients through the additional legal requirements presented.

Our services for clients in the renewable energy supply chain include:

Business Operations and Contracts

Our team advises manufacturers, distributors, and others on daily operations including complex labor issues and executive compensation, business transactions, merger and acquisition agreements, and corporate structures, including the formation of U.S. and international joint ventures, LLCs, and other partnerships. We perform transactional due diligence, including document review and regulatory and commercial risk evaluation, for all sizes of contracts and investments.

We regularly evaluate contracts related to energy facilities and components, including manufacturing and joint development agreements, supply and logistics contracts, equipment leases, operation and maintenance agreements, and equipment warranties to advise on contract terms and evaluate potential risks. Our litigation team has handled all phases of litigation involving energy facilities, including the enforcement of contracts.

A small sampling of our experience in these areas includes serving as outside corporate counsel to a leading-edge American and European manufacturer of wind turbine components, counseling a leading international manufacturer of solar power equipment on U.S. securities matters, arbitrating contract claims in excess of $1 million involving the renovation and upgrade of steam and gas turbines used in a cogeneration facility, and providing cross-border labor advice for a Canadian wind turbine service firm.

Energy Facility Construction

Our construction law attorneys have extensive experience with construction industry contracts, industry practices, and compliance issues. This experience, coupled with our deep understanding of the renewable energy industry, positions us to help construction firms protect their interests at each stage of a project, from the planning and approvals stage through bidding and contracting, and, when necessary, in dispute resolution. We represent construction clients in defending and prosecuting claims of all types, from liens to contractual disputes, and we have successfully represented one of the largest wind farm construction companies in contract enforcement litigation.

Licensing and Intellectual Property

Our lawyers are experienced at drafting and negotiating a wide range of licensing and technology transfer agreements, and our intellectual property team helps clients protect and enforce all forms of their intellectual property rights under patent, trademark, copyright, unfair competition, and trade secret laws. We prepare clearance opinions to help clients avoid infringing on others’ intellectual property, which can be especially important in an industry experiencing an almost constant introduction of new technologies.

Insurance Coverage and Risk Management

We regularly review contracts and insurance policies of all types, including those unique to the renewable energy industry, to determine if our clients are properly covered in terms of minimizing risk and meeting contract obligations.

Tax Planning and Incentives

Our federal and state tax practitioners advise on the full range of state and federal tax issues, including incentives under the American Recovery and Reinvestment Act, real property tax issues, and sales tax issues. We also provide assistance on structuring tax-efficient and treatycompliant cross-border transactions and operations.

Real Estate, Land Use, and Environmental Impact

Attorneys at Hodgson Russ regularly assist manufacturers and other industrial clients in a wide range of matters, including environmental regulatory compliance; drafting and negotiating complex, multi-party acquisition contracts and commercial leases; representing borrowers in facility construction and financing; securing regulatory, land use planning, and zoning approvals, including guiding environmental review; identifying and managing environmental risk in acquiring or divesting industrial and commercial properties and businesses; and resolving environmental impact issues.

Hodgson Russ: Your Legal Port of Entry

The renewable energy business is an international industry, and Hodgson Russ has the experience and knowledge necessary to counsel foreign entities participating in the renewable energy supply chain in the United States.

We advise our clients on a broad range of international legal issues, including cross-border finance transactions, immigration issues, Buy America provisions, cross-border licensing and technology transfer, protection of foreign patents, international taxation and tax treaty compliance, multinational mergers and acquisitions, and NAFTA and other trade issues.

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