Morgan Lewis

Energy

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For more than a century, major participants in every sector of the energy market—oil and gas, conventional electric, nuclear, renewable energy, and water—have turned to Morgan Lewis for a broad range of corporate, finance, transactional, regulatory, and litigation services.

Our clients include, among others, public utilities, integrated oil companies, state-owned entities, independent power producers, independent oil and gas companies, petrochemical companies, refiners and marketers, project developers, financial institutions and private equity firms, service companies, and government—including U.S. Department of Energy—contractors. They depend on our sophisticated understanding of the energy industry and our practical guidance to achieve their business objectives involving such matters as:

  • Mergers and acquisitions
  • Development and financing of projects, ranging from small-scale upgrades to greenfield projects running into the tens of billions of dollars
  • Joint ventures and cross-border investment structuring
  • Regulatory compliance and licensing
  • Investigations and enforcement
  • Strategic planning and corporate restructuring
  • Complex and traditional debt and equity securities issuances
  • Commercial agreements
  • Transmission access
  • Energy marketing and trading
  • Utility ratemaking

Our teams handle sophisticated energy transactions and regulatory matters around the globe on the full range of inbound and outbound legal issues. We also engage with national regulatory authorities, such as, on the electric power side, the British Office of Gas and Electricity Markets (OFGEM), the Office for Nuclear Regulation, and the Nuclear Decommissioning Authority. On the oil and gas side, we engage with the energy ministries and national oil companies of most major jurisdictions, including Russia, China, Brazil, Mexico, UAE, and elsewhere. Additionally, we provide advice regarding competition law in the European Union, China, and other jurisdictions, and the application of such statutes as the U.S. Foreign Corrupt Practices Act and the UK Bribery Act.

Morgan Lewis lawyers throughout the firm represent clients before numerous U.S. government agencies such as the Federal Energy Regulatory Commission (FERC), the Securities and Exchange Commission (SEC), the Nuclear Regulatory Commission (NRC), the Commodity Futures Trading Commission (CFTC), and state public utility commissions, and in court proceedings at the state and federal levels in the United States.

Electric Energy

Our Electric Energy Practice provides comprehensive regulatory, transactional, and litigation services to electric industry participants. We work with our clients on the acquisition, development, and financing of conventional power plants, public and private debt financing of utilities (including securitization transactions), government regulation, compliance programs, investigations and audits, commercial agreements, transmission planning and pricing, reliability compliance, and corporate restructuring alternatives. Our understanding of the evolving electric industry positions us to guide our clients' development of commercial, regulatory, and litigation strategies that address the emerging demands, risks, and complexities of competition.

Nuclear Energy

Our Nuclear Energy Practice advises a large and diverse group of clients in the United States, Europe, Asia, and the Middle East, including those involved in existing and new power reactors; vendors and suppliers to the nuclear industry; every segment of the nuclear fuel cycle; and nuclear waste management and decommissioning. Morgan Lewis lawyers have full command of the regulatory and commercial aspects of the nuclear industry and advise clients on a daily basis on regulatory, environmental, transactional, and adjudicatory matters. Our clients include companies applying for design certifications, early site permits, or combined licenses from the United States NRC, and clients applying for Generic Design Approvals and Nuclear Site Licenses from the UK’s Office for Nuclear Regulation or engaging with the UK’s Nuclear Decommissioning Authority, as well as those in developing nuclear countries working to establish and comply with a legal and regulatory framework for nuclear projects.

Oil and Gas

Our Oil and Gas Practice represents integrated oil companies, state-owned entities, independent producers, refiners and retailers, marketers, LNG exporters, developers, traders and importers, private equity firms, and distribution companies. We have handled some of the largest exploration and production M&A transactions globally, numerous LNG developments at all stages of the value chain, and a number of the world’s key offshore development projects. Our work includes representation in all aspects of U.S. federal and state regulatory issues, compliance audits, and investigations, as well as assisting clients with acquisitions and dispositions of natural gas and oil pipeline and midstream assets. Our lawyers have worked extensively on energy projects in many parts of the world, including Latin America, Western Europe, Central Asia, Russia, Sub-Saharan Africa, the Middle East, and North Africa, as well as China, Australia, India, Indonesia, and other countries in the Asia-Pacific region.

Energy Litigation

Our Energy Litigation Practice handles high-stakes commercial and regulatory disputes in courts throughout the United States, as well as arbitrations, administrative agency proceedings, and alternative dispute proceedings. Recent work includes representation of one of the defendants in the widely publicized U.S. Macondo litigation. Our energy litigators also handle high-profile government and internal investigations. Internationally, our lawyers have handled disputes involving energy companies in such diverse forums as the London Commercial Court, the American Arbitration Association, the London Court of International Arbitration, the International Chamber of Commerce, and many others. We also represent clients in the Dubai International Financial Centre Courts.

Renewable Energy, Clean Technology, and Sustainability

Our Renewable Energy, Clean Technology, and Sustainability Practice comprises a cross-disciplinary team of lawyers working with utilities, project developers, investors, entrepreneurs, and lenders on solar, wind, biomass, and other renewable energy projects across the United States and internationally, including in Latin America, Europe, Asia, and the Middle East. We advise on development and procurement, debt and equity finance, mergers and acquisitions, corporate restructuring, tax equity investment and other tax strategies, intellectual property protection, and environmental issues, including climate change. Morgan Lewis lawyers have also assisted clients with the legal aspects of wind turbine and solar panel technology development, manufacturing, and sales. Such work includes patent and other intellectual property issues, as well as contract negotiations related to turbine and solar panel sales and installation.

Water

Our Water Practice provides comprehensive representation to water utilities in all aspects of rate application, complaint, rulemaking, and certificate proceedings before state public service commissions and related litigation before state courts. In recent years, Morgan Lewis lawyers have also worked with clients in many large water industry acquisitions, privatizations, and divestitures.

Additional legal services provided

In helping our clients resolve their complex and often interdisciplinary issues over the years, we have assembled a strong interdisciplinary team of lawyers with specific energy industry backgrounds and in the following areas of law:

  • Antitrust
  • Bankruptcy
  • Corporate Governance and Board Strategic Guidance
  • Employee Benefits and Executive Compensation
  • Environmental
  • Export Control
  • Government Investigations and Anticorruption
  • Immigration
  • Intellectual Property
  • Labor and Employment
  • Real Estate
  • Taxation
  • Government Relations