pdf

In a rapidly changing energy sector, O’Melveny helps clients capitalize on opportunities and manage risks with a deep understanding of the market forces and legal issues at work. For more than a century, we have advised the energy and utility industry on a full range of goals and challenges, from financings, acquisitions, and new ventures to regulatory proceedings, litigation, and restructurings.

Our team’s capabilities span multiple segments of the industry, including the generation, transmission, and distribution of clean and renewable energy and the upstream, midstream, and downstream divisions of the oil and gas sector. We represent both private and public industry participants, including lenders, advisors, developers, owners, investors, underwriters, and governmental entities.

When it comes to dealing with governmental entities or addressing conflicts arising out of contractual relationships, we tap our tax and regulatory lawyers to address compliance and enforcement challenges. And our trial lawyers have successfully resolved some of the industry’s most complex litigation, including environmental emergencies.

  • Clean and Renewable Energy
    • O’Melveny’s team includes highly regarded lawyers with deep experience in the solar, wind, ethanol, biodiesel, biomass, geothermal, hydroelectric, and clean and sustainable technology sectors. Our experience includes structuring some of the industry’s most innovative deals.
  • Oil and Gas
    • Our work in the oil and gas sector encompasses all aspects of the industry, including financing, exploration and production, refining, transportation, marketing, and governmental regulation. We feature a platform that is unique in its diversity, built to help clients involved in oil and gas—and the investors who finance them—achieve their objectives in the most efficient way possible.
  • Utilities
    • In the utilities sector, we have handled the structuring, development, and financing of a wide array of electricity generating facilities, including utility projects, large independent power projects, cogeneration facilities, electricity transmission and distribution systems, and small power production facilities.
  • Diverse Litigation Matters
    • Civil and criminal suits and proceedings
    • Citizen suits
    • Class actions and mass torts
    • Natural resource damage claims
    • Siting challenges
  • Insightful Regulatory Work
    • Authorizations for transfers of ownership and securities issuances
    • Rate proceedings
    • Rulemaking proceedings
    • Enforcement matters
    • Complaint proceedings
    • Appeals from agency decisions
  • Compliance
    • Export controls
    • Economic sanctions
    • Trade remedies
    • Trade policies

Barclays Capital

O’Melveny  advised Barclays with respect to the financing of Trans Bay Cable’s direct current, electric transmission cable constructed under San Francisco Bay. Read

Bloom Energy

O’Melveny helped obtain from the Federal Energy Regulatory Commission (FERC) a finding that Bloom Energy’s sales of power generated by fuel cells are exempt from the Public Utility Holding Company Act of 2005 (PUHCA). Read

Bloom Energy Corporation

O’Melveny represented Bloom Energy in its equity financing by Exelon Corporation of a portfolio of base load fuel cell electricity generators with 21 megawatts of capacity to be located at 75 commercial facilities in the states of California, Connecticut, New Jersey, and New York. Read

Cal Dive International

When a sharp decline in oil prices set of a wave off exploration and production industry bankruptcies, O’Melveny stepped in to assist Houston-based oil and gas infrastructure company Cal Dive International in its chapter 11 bankruptcy. Read

Case Study: Citicorp North America and Berkshire Hathaway Energy

O’Melveny represented Citicorp North America and Berkshire Hathaway Energy in connection with achieving the acquisition of preferred equity interests in the approximately 160 MW Rattlesnake wind power project being developed by Goldwind Americas, the Chicago-based subsidiary of China-based Xinjiang Goldwind Science & Technology Co., in McCulloch County, Texas. Read

Citicorp North America and Berkshire Hathaway Energy

O’Melveny represented Citicorp North America and Berkshire Hathaway Energy in connection with their commitment to acquire preferred equity interests in the approximately 300.3 MW US$390 million South Plains Wind Energy II power project being developed by SunEdison, Inc. in Floyd County, Texas. Read

Entegra Power Group

O’Melveny achieved confirmation of the fully consensual chapter 11 plan for Entegra and 11 of its subsidiaries less than two months after filing for chapter 11 protection in the US Bankruptcy Court for the District of Delaware. Read

Hanwha SolarOne

O’Melveny represented the special committee of the board of directors of Hanwha SolarOne in its US$1.2 billion combination with Q Cells. Read

Macquarie Infrastructure Company

O’Melveny advises Macquarie on multiple matters, including its acquisition and financing of renewable energy projects, toll roads, and airport assets. Read

Nations Petroleum LLC

We represented Nations Petroleum (California) LLC, the California affiliate of the international oil and gas corporation Nations Petroleum Company Ltd., in the sale of its oil and gas operations and related assets in the Northwest Lost Hills oil field in Kern County, California to OXY USA Inc. for a purchase price in excess of US$700 million. Read

Occidental Petroleum

O’Melveny advised Occidental Petroleum with respect to several project financings, such as its US$460 million cogeneration plant in Houston, Texas and its energy-from-waste facility in Niagara Falls, New York. Read

Power-One Inc.

O’Melveny represented Power-One Inc. and its directors in more than eight shareholder class actions pending in Delaware Chancery Court. Read

SolarEdge Technologies

O’Melveny has advised SolarEdge on all its venture capital financings, as well as corporate, intellectual property, and litigation matters, and in 2015 represented Goldman Sachs and the other underwriters in SolarEdge’s US$145 million IPO. Read

Two Major Financial Institutions

O’Melveny represented two major financial institutions in connection with their commitment to acquire preferred equity interests in the US$273 million Fowler Ridge 4 wind power project. Read
    • Apollo Global Management
    • Berkshire-Hathaway Energy
    • Bloom Energy Corporation
    • Building Energy
    • Cal Dive International 
    • Citigroup
    • Edison International
    • Entegra Power Group
    • ExxonMobil Corporation
    • Google
    • JP Morgan Capital Corporation
    • Morgan Stanley
    • Macquarie Infrastructure Company
    • Morgan Stanley
    • MUFG Union Bank of California