One Market, Spear Street Tower//San Francisco, CA 94105-1596//United States
Baird Fogel counsels clients on mergers and acquisitions, interest and stock sales, supply agreements, contract negotiations, international project finance, project development, project construction, commercial law and settlements, compliance, corporate governance, and other general corporate matters. Focusing on the global renewable energy industry, he handles matters involving energy storage, microgrids, transmission, net metering, solar, wind, manufacturing, supply chain, distribution, construction, residential, commercial, small- and large-scale utility, government relations, and investment and finance. Baird’s transactions and energy projects practice is global in scope, with clients in the United States and throughout Europe, China and India, South America, and Africa.
Baird also advises various clients in the sports industry, including assisting National Football League (NFL) and National Basketball Association (NBA) franchises on various regulatory matters related to the construction of arenas and stadiums, corporate and transactional matters related to the operation and sale of professional franchises, and energy matters related to stadium energy efficiency and renewable energy projects.
Baird once served as general counsel of BP Solar International, where he developed and implemented strategy for the development and construction of solar projects, the manufacturing of solar modules, and the sale of solar modules in Europe, India, China, Latin America and the US, in addition to managing all legal matters for the company. Before joining BP, Baird served as general counsel to a global subsidiary of GE Transportation, directly supervising all legal matters for the company's global signaling unit, including managing international legal teams and litigation, establishing joint ventures, developing and constructing infrastructure projects and advising on supply chain and manufacturing issues. Additionally, Baird was the chief compliance and ethics officer at both subsidiaries for both GE and BP.
Prior to joining Morgan Lewis, Baird was a partner in the corporate and energy groups of another global law firm.
Represented a developer in the development and negotiation with various lenders on project finance and tax opinions, review of project-related documentation (engineering, procurement, and construction [EPC]; operations and management [O&M]; and subcontracts) and general advice for the building of solar car ports at school and casino locations in the US
Represented an international solar company in the negotiation of various Virtual Net Metering Program agreements and the construction of rooftop and carport solar arrays with large commercial property owners
Represented a global construction company in the negotiation of joint venture relationships and service agreements for the provision of energy storage and water conservation services to various Department of Defense military housing projects
Represented an international solar company in the sale of solar assets in Peru
Represented a developer in connection with the development and sale of a 5 megawatt solar project in Hawaii
Represented a solar module supplier in the establishment of a national sales program for solar modules in the US
Represented Signature Group Holdings Inc. in its acquisition of the world’s largest aluminum recycling business
Represented the Los Angeles Clippers in its transition to new ownership following the suspension of owner Donald Sterling by the National Basketball Association
Represented a solar developer on EPC contracts, negotiating all real property and development documents and also providing assistance on the eventual sale of the project company to a buyer in North Carolina, Vermont, Texas, and Georgia
Represented BP Solar in all commercial transactions with various customers, including negotiating and drafting power purchase agreements (PPA), EPC, and O&M agreements and conducting financing negotiations with various banks
Represented BP Solar in the winning bid for the development and construction for the Solar Flagship Project in Australia
Represented BP Solar in various utility-scale projects in North America, Latin America, Germany, Italy, Australia, Spain, and China
Represented BP Solar in the development and construction of the 32 megawatt solar project, Long Island Solar Farm
Represented BP Solar in the sale of solar manufacturing equipment and intellectual property in the US, Spain, China, and Australia
Represented GE in the construction, signaling, and establishment of the world's highest rail line between Beijing, China and Lhasa, Tibet
Represented GE in transportation contracts and project bids in North America, India, Russia, China, Latin America, and Western Europe
Represented GE in the sale of a rail crossing installation and repair company to a subsidiary of Caterpillar Inc.
Represented a major movie theater chain in theater acquisitions in Canada and the US, as well as gift card transactions with several retailers
Represented a major movie theater chain in theater contracts with several movie producers
Represented a national telecom company in tax-free Federal Communications Commission spectrum license exchanges between wireless carriers
Represented a major US-based corporation in the purchase of foreign subsidiaries in Germany and Austria and in negotiations with the US Department of Commerce regarding foreign subsidiaries doing business with persons in Iran and Syria
Awards and Affiliations
Member, Law Firm of the Year, Energy/Projects: Power (including Renewables), Chambers USA (2018)
Recommended, Industry focus: Sport The Legal 500 US (2020)
Recommended, Finance: Project finance: advice to sponsor, The Legal 500 US (2018)
Recognized, Leading California Energy Attorneys, Corporate America News- Legal Elite (2015)
Recognized, The International Who's Who of Project Finance Lawyers (2012)
University of Missouri–Kansas City School of Law, J.D.
Vanderbilt University, B.A., Political Science and Communications