Morgan Lewis’s project finance lawyers combine industry knowledge with demonstrated legal skill to efficiently execute for our clients. We have more than 30 professionals working full time in this practice, not including support from the firm’s regulatory, tax, general corporate, and other teams.
Our practice includes lawyers focused on project development, project finance, and mergers and acquisitions in various sectors, including conventional and renewable power; nuclear power; electrical transmission; upstream, midstream, and downstream oil and gas; pipelines and liquefied natural gas (LNG); public-private partnerships (PPPs); and telecommunications projects. We advise on the development, financing, acquisition, and construction of projects across the globe with our 30* offices giving us the flexibility to provide legal services wherever a project takes us.
Our firm regularly represents all types of participants in project financings and energy and infrastructure acquisition financings, refinancings, and debt offerings. Our team has developed and structured virtually every type of project in the energy and infrastructure space, and has drafted, negotiated, and advised on the forms of agreements necessary to properly structure a project finance transaction. We represent a dynamic range of clients, including project developers, equity investors, sponsors, major and independent oil and gas companies, public utilities (investor owned and government run), independent power producers, lenders, insurance companies and other institutional debt investors, and financial and strategic equity investors.
Our lawyers have project finance experience in the following industries and practice areas:
Morgan Lewis has an industry-recognized practice in matters involving the development, project financing, and disposition of conventional power projects. The breadth of our work in this area includes representations from the independent power producer space to conventional large-scale utilities. We have worked on small- and large-scale projects involving a wide variety of technologies and arrangements—from contracted projects to merchant-based plants—in all major energy markets throughout the world. Our clients range from small developers to large institutional investors. We advise borrowers, project sponsors, and equity investors as well as lenders, and have played a lead legal role on high-profile power projects, several of which have been recognized as “Deal of the Year” in industry publications.
Morgan Lewis has a global reputation in upstream and midstream oil and gas work, and in the development and financing of upstream and midstream projects, with a focus on LNG projects. We have worked on the financing of LNG liquefaction projects, pipelines, refineries, and petrochemical plants, among others. Our experience includes advising both borrowers and lenders (commercial lenders, insurance companies, investment banks, export credit agencies, multilateral lenders, development banks, and other financing institutions). We have garnered “Deal of the Year” recognition on numerous transactions.
Morgan Lewis represents clients shaping the solar power industry—from developers of generation and transmission projects to equipment manufacturers, investors, lenders, and off-takers. We provide strategic counseling to solar energy project developers, assisting clients in the full range of project development and finance issues. We advise clients on power purchase agreements; equipment purchase and sale agreements; real estate and permitting (including federal lands and environmental compliance); transmission access; interconnection agreements; and all phases of debt and equity financing, tax structuring, and joint ventures. Our work with investors in utility-scale and distributed solar project portfolios includes customized diligence, comprehensive corporate advice, and negotiation of acquisitions and financing arrangements. We pride ourselves on creating new opportunities for our clients operating in the solar sector—in the United States and around the world.
Morgan Lewis’s experience in the domestic and international wind power industry includes representing developers, equipment manufacturers, investors, lenders, and off-takers. We advise on debt and equity financings and mergers, acquisitions, and other corporate transactions, and we assist with the legal aspects of wind turbine technology development, manufacturing, and sales. We work with wind sector clients on engineering, procurement, and construction (EPC) contracts; turbine purchase and sale agreements; installation contracts; warranty agreements; operations and maintenance agreements; power purchase contracts; and interconnection agreements. We also counsel on land use and acquisition matters, including wind park easements, ground leases, rights over federal and state lands, and transmission rights-of-way. We engage with local, state, and federal agencies to secure necessary permits and ensure compliance with environmental and land-use laws.
*Our Beijing office operates as a representative office of Morgan, Lewis & Bockius LLP. In Shanghai, we operate as a branch of Morgan Lewis Consulting (Beijing) Company Limited, and an application to establish a representative office of the firm is pending before the Ministry of Justice. In Hong Kong, Morgan Lewis has filed an application to become a registered foreign law firm and is seeking approval with The Law Society of Hong Kong to associate with Luk & Partners.
Our lawyers have extensive experience representing all facets of the development of energy and infrastructure projects, which encompass the full range from greenfield and brownfield development to expansion of existing facilities at an operating plant or refinery. Our development activities include representing sponsors, investors, off-takers or owners of capacity, fuel suppliers, and contractors for both onshore and offshore projects. We are particularly active in the development of US and global renewable projects (including solar and wind) as well as traditional electric power generating projects, refineries, and LNG liquefaction and regasification projects.
Morgan Lewis’s restructuring work spans many different client constituencies and involves a wide range of assignments. We represent insurers; institutional investors; high-yield and distressed debt investors; creditors’ committees; banks; mutual, hedge, and private equity funds; indenture trustees; sureties; developers and landlords; governments; and international agencies in some of the largest and most complex domestic and international workouts, restructurings, and bankruptcies. Our lawyers work with our clients to analyze every restructuring situation and execute the optimal course of action.
Morgan Lewis helps both developers and investors maximize the benefits of federal tax incentives for all types of energy and infrastructure projects through tax equity financings. Our experience includes partnership flips, prepaid power purchase agreements, sale-leasebacks, and other vehicles for monetizing the tax benefits of energy and infrastructure projects.
Our lawyers have worked on numerous mergers, acquisitions, and divestitures for an array of energy and infrastructure projects throughout the world, at both the asset level and as part of larger corporate transactions. We have experience in auction and negotiated sales for both buyers and, and have teams well-versed in both seller and purchaser due diligence for energy and infrastructure acquisitions and divestitures.