Energy & Clean-Tech

energy & clean-tech

Energy & Clean-Tech Specialty

Represent leading energy and clean-tech companies from start-up to public company to M&A.

Industry Expertise

Broad range of industries, including advanced battery, ethanol and other biofuels, fuel cell, energy efficiency, energy storage, solar and wind energy.

Highly Experienced in Emerging Companies

Our lawyers have organized several thousand emerging companies.

Complex Transactions 

Extensive work with energy and clean-tech companies in wide range of transactions, including:

  • American Power Conversion from formation through IPO
  • Acumentrics in wide range of corporate and technology matters
  • Ethanol Boosting Systems in patent and other intellectual property matters
  • 3i in investment in Konarka Technologies
  • Braemar Energy Ventures in investment in new technology for carbon sequestration
  • @ventures in investment in Powerit Holdings
  • Ziff Brothers in investment in Advent Solar
  • John Hancock Financial Services in investment in Caithness Energy

Transaction Powerhouse 

High level transactional experience to assist energy and clean-tech companies in all financing needs through all stages of growth:

  • Venture financings with proceeds over $5 billion
  • Public company securities offerings with proceeds over $16 billion
  • Mergers and acquisitions with value over $41 billion
  • Senior and mezzanine financings with proceeds over $20 billion
    (since 2000)

Preeminent in Energy Project Finance 

Long-standing premier practice in financing energy projects:

  • $425 million hybrid limited recourse financing of 535MW power plant in Rhode Island
  • $900 million LNG liquification plant in Trinidad
  • $78 million financing of natural gas pipeline in North Carolina
  • $200 million financing of electricity generating station in Brazil

National Utilities Practice

Our lawyers have represented a significant number of utilities and energy companies, or the underwriters or purchasers of their securities, including the following:

Central Maine Power Company  Public Service Company of New Hampshire 
Eastern Enterprises Sierra Pacific Resources 
El Paso Energy Sierra Pacific Power Company 
Maine Yankee Atomic Power Company TransCanada Pipeline Company 
Nevada Power Company Tucson Electric Power Company 
NSTAR  

We have been involved, on behalf of utilities or underwriters, in a full range of sophisticated financing transactions for utilities, including the following:

  • $290 million issuance of common stock for utility holding company
  • $3.6 billion of mortgage bond issuances in 144A and registered offerings, and as collateral for other financings
  • solicitation of consents from holders of $257 million of mortgage bonds to amend restrictive covenant in utility mortgage indenture
  • $989 million registered induced conversion of convertible notes into common stock for utility holding company
  • $500 million offering of medium-term notes of utility under Rule 144A
  • $320 million registered tender offer for mortgage bonds of utility
  • $345 million registered exchange offer of premium income equity securities and subsequent registered remarketings of related notes for utility holding company
  • $950 million of secured revolving credit facilities
  • $300 million 144A private placement of convertible notes and subsequent registered exchange offer
  • $200 million of accounts receivables purchase facilities for utilities
  • $218 million of tax-exempt revenue bonds issued on behalf of utility
  • $113 million of Section 3(a)(9) exchange offers of common stock for debt for holding company

Full Range of IP Services

Full range of services in all energy technologies, including strategic IP counseling; patent prosecution; trademark prosecution; copyright protection; and trade secrets and unfair competition counseling.  Sophisticated IP due diligence for investors and acquirers.  Decades of litigation experience in IP disputes.

World-Class Licensing Capabilities 

Among most experienced and knowledgeable technology licensing lawyers in US.

Broad Environmental Experience  

Highly experienced in complex environmental, regulatory and land-use issues. 

National/International Reach

Technology company transactions across US and abroad.

Entrepreneurship Initiatives 

Major sponsor of MIT programs: Entrepreneurship Center; Venture Capital Conference; Private Equity Symposium; Technology & Entrepreneurship Forum; $100K Competition; Deshpande Center; MIT Energy Conference

Founding Sponsor: New England Energy Innovation Collaborative

Sponsor: New England Clean Energy Council 

National Recognition 

Nationally recognized in areas important to energy and clean-tech companies:

  • Represented private equity spnosor in "Green/Environment Deal of The Year" in 2009 (M&A Advisor
  • Ranked in top 30 “Most Active Law Firms” worldwide based on number of private equity and venture capital deals negotiated and closed in 2009. (Private Equity Analyst)
  • Named “Go-to-Firm” in M&A and IP in 2008 (Corporate Counsel)
  • “Buyout Deal of the Year” award for 2005: Choate represented private equity seller (Buyouts Magazine)

leader in venture capital

Facilitate introductions for energy and clean-tech clients and highly knowledgeable in equity financings through representation of preeminent venture capital firms, including:

@Ventures

3i

Advent International

Ampersand Ventures

Argo Global Capital

Ascent Venture Partners

Atlas Venture Fund

Battery Ventures

BCE Capital  

Bessemer Venture Partners

Boston Millennia Partners

Braemar Energy Ventures

Celtic House

Essex Woodlands

Fidelity Ventures

Flagship Ventures

General Catalyst

GrandBanks Capital 

Highland Capital Partners

IDG Ventures

John Hancock Financial

Kodiak Venture Partners

North Bridge

Polaris Ventures

Prism Venture Partners

Summit Partners

Ziff Brothers

Preeminent in Energy Project Finance

Long-standing premier practice in financing energy projects:
 
Bank loans  

Equity 

Institutional private placements

Leveraged leases

Subordinated debt  

Tax exempt bonds

capital market leader

Lawyers have represented blue chip underwriters and investment bankers, including:

Banc of America Securities 

Canaccord Adams

CIBC World Market Corp

Deutsche Bank Alex Brown

First Albany Capital

Goldman Sachs

JP Morgan Chase

Morgan Stanley

Prudential Securities

Needham

SG Cowen Securities

Tucker Anthony Cleary Gull

UBS Securities

William Blair