Energy and Natural Resources Group
April 2015
2
Hogan Lovells
Energy and Natural Resources Group
Hogan Lovells’ Energy and Natural Resources Group (ENRG) is one of the largest and
most comprehensive practices in the world. With over 400 lawyers working throughout
our global network of more than 45 offices, we offer our clients a cross-border team that
is fully informed on global and local energy market trends in the oil, gas, and liquefied
natural gas (LNG); mining and natural resources; power and infrastructure; and renewable
energy sectors.
We provide legal services to the full range of energy and
natural resources market stakeholders including major
energy companies, financial institutions, investment
funds, and governments and their agencies. We are
focused on the development, acquisition, management,
and financing of their energy and natural resources
interests and related commercial arrangements, trading,
and regulation.
Key Contacts
We advise across all sectors of the energy and natural
resources industry on market defining mega projects,
cutting edge technology, and continually evolving
regulation. Providing equal strength across project
development, M&A, and dispute resolution, our market
leading clients look to us for an industry-driven
commercial perspective.
Andrew Spielman
Global Co-head ENRG, Denver
T +1 303 454 2476
[email protected]
Hogan Lovells is one of a few global leaders in the sector
with over 55 separate recommendations for our work
from the leading legal directories Legal 500 and
Chambers & Partners.
Matthew Williams
Global Co-head ENRG, London
T +44 20 7296 2487
[email protected]
Our Energy and Natural Resources Group
Baltimore
Colorado Springs
Denver
Houston
Los Angeles
Mexico City
Miami
Monterrey
New York
Northern Virginia
Philadelphia
San Francisco
Silicon Valley
Washington, D.C.
* Associated offices
3
Caracas
Rio de Janeiro
São Paulo
Alicante
Johannesburg
Amsterdam
Brussels
Budapest*
Dusseldorf
Frankfurt
Hamburg
London
Luxembourg
Madrid
Milan
Moscow
Munich
Paris
Rome
Warsaw
Zagreb*
Dubai
Jeddah*
Riyadh*
Beijing
Hanoi
Ho Chi Minh City
Hong Kong
Jakarta*
Shanghai
Singapore
Tokyo
Ulaanbaatar
Local roots,
global reach
4
Hogan Lovells
Oil, Gas, and LNG
Hogan Lovells’ Oil, Gas, and LNG practice provides
services in all sectors of the worldwide oil and gas
industry, including upstream, midstream, and
downstream oil and natural gas pipelines (both domestic
and cross-border); LNG; gasification; gas storage,
trading, and distribution; petrochemicals; and crude oil
refining and trading. Our lawyers understand the issues
faced by our clients as many of them have served as
in-house counsel for oil and gas companies. Our clients,
which include major independent and state-owned oil
and gas companies, lenders, consumers, and
governments from around the world, rely on us to
provide insight into the global oil and gas industry and to
assist in bringing their most complex domestic and
cross-border projects to fruition.
Hogan Lovells’ team of experienced LNG lawyers has
been involved in LNG liquefaction and regasification
projects on every continent. Our LNG lawyers have
significant experience structuring LNG projects across
the various components of the gas and LNG value chain,
so that risks are properly allocated across the upstream,
midstream, shipping, and terminal aspects of each
project. Our deep industry knowledge and commercial
understanding of the drivers supporting each segment of
the chain enables us to structure successful projects that
meet our clients’ objectives.
WE ADVISE OUR CLIENTS ON:
●●
●●
●●
●●
●●
Complex structured project financings, including debt,
equity, and bank financings, for oil and gas refineries;
pipeline projects; and LNG import, export, and
regasification facilities
Acquisitions, dispositions, joint ventures,
restructurings, refinancings, and privatizations of oil
and gas assets and companies as well as the relevant
due diligence
Joint operating agreements, unitization agreements,
farm-in and farm-out agreements, exploration and
development agreements, entity agreements,
production sales agreements, shareholders’
agreements, and midstream agreements
Drilling and rig contracts and master service
agreements
Bids and negotiations for oil and gas production
sharing contracts and licenses
●●
Cross-border oil and gas projects
●●
Oil and gas (and financial derivatives) trading
●●
●●
●●
●●
●●
The sale, purchase, and distribution of oil, gas, and
refined products
Negotiation and documentation of sales, marketing,
storage, processing, and transportation agreements
LNG project transactions, including LNG liquefaction
facilities development, long-term LNG SPAs, shortterm LNG trading, LNG terminal use agreements, LNG
price review, project finance, and LNG shipping
Decommissioning liability
Commercial litigation and international arbitration
before every major tribunal in the world
Our Energy and Natural Resources Group
5
Power and Infrastructure
From determining and attaining the best sources for
capital to fund important power projects and navigating
complex and often difficult regulatory regimes to
assisting in the development and acquisition of power
generation, storage, and transmission assets and the
resolution of relevant disputes, Hogan Lovells’ Power and
Infrastructure team advises our clients on every facet of
a wide variety of matters within the power industry. We
work with some of the world’s largest power and utilities
companies, financial institutions, and governments on a
full range of projects, including fossil-fired (coal, gas, and
oil); hydropower; renewables (wind, solar, biomass, and
geothermal); nuclear; other electric power technologies;
independent water and power; and power storage,
transmission, and distribution.
Our power lawyers have significant experience working
on both domestic and cross-border projects. With a vast
network of offices around the world, we provide local
knowledge from lawyers who are on the ground,
understand the local sector, and speak the language.
Additionally, our integrated team approach means that
we can offer in-depth legal advice to multinationals
working in the power space no matter where in the
world they do business.
WE ADVISE OUR CLIENTS ON:
●●
●●
●●
Complex structured project financings, including
debt, equity, and bank financings, for power plants,
transmission lines, power storage facilities, renewable
energy facilities, and relevant infrastructure
Negotiation of power purchase agreements; hedges;
tolling arrangements; other off-take agreements;
sovereign support agreements and guarantees; joint
operating agreements; and equipment supply,
operating and maintenance, construction, grid
connection, and fuel supply contracts
Acquisitions, dispositions, joint ventures,
restructurings, refinancings, and privatizations of
power assets and companies as well as the relevant
due diligence
●●
Global and local risk identification and mitigation
●●
Energy and emissions trading and marketing
●●
Cross-border power projects
●●
Real estate siting and acquisition
●●
International trade and tax structuring
●●
Commercial litigation and international arbitration
before every major tribunal in the world
Our Energy and Natural Resources Group
7
Renewable Energy
From the largest solar projects in the United States to
significant German offshore wind projects and waste-toenergy plants in Asia, Hogan Lovells’ Renewable Energy
group works on some of the most noteworthy renewable
energy projects in every sector, including wind, solar,
biomass, geothermal, and waste-to-energy. We advise
our clients, which include sponsors, investors,
developers, lenders, and utilities, on the successful
financing, development, acquisition, and disposition of
renewable energy assets around the world and counsel
both startup and industry-leading companies on
emerging energy technology research and development
opportunities.
Our lawyers offer our clients exceptional knowledge
regarding renewable energy’s particular challenges and
opportunities in both domestic and cross-border projects
and project portfolios. With our depth of experience in
the full life cycle of renewable project development and
financing, we assist our clients in identifying and
mitigating any risks and issues that may appear during
any phase of the project as well as implementing the
most beneficial ownership and tax structures available.
Our team’s strong focus on this sector means that we
provide legal counsel that is informed by and based on
domestic and international trends in the renewable
energy space, enabling us to act as business advisors as
well as legal advisors.
WE ADVISE OUR CLIENTS ON:
●●
●●
●●
Complex structured project financings, including debt,
equity, and bank financings, for wind, solar, biomass,
geothermal, and waste-to-energy projects along with
their relevant infrastructure
All facets of development agreements, property
agreements, power purchase agreements, grid
connection agreements, fuel supply arrangements,
equipment supply agreements, construction and
operation and maintenance contracts, tolling
agreements, hedges, grid connection agreements,
and swaps
Acquisitions, dispositions, joint ventures,
restructurings, refinancings, and privatizations of
renewable energy assets and companies as well as
the relevant due diligence
●●
Global and local risk identification and mitigation
●●
Renewable energy trading and marketing
●●
RECs, green tags, carbon credits (including for Clean
Development Mechanism projects qualifying under
the Kyoto Protocol), emission credits, and other
environmental attributes
●●
Real estate siting and acquisition
●●
International trade and tax structuring
8
Hogan Lovells
Energy Regulatory
Hogan Lovells’ Energy Regulatory practice acts on
behalf of clients working in every sector, including oil
and gas, power generation, and renewable energy,
before some of the world’s largest and most influential
energy agencies. From nearly every office in our
network, we handle the full range of energy regulatory
matters around the world, including rate and tariff
matters, administrative hearings, appellate litigation,
reliability standards, enforcement actions, compliance
planning and training, certificates and authorizations,
industry restructurings, and corporate and finance
activities.
WE ADVISE OUR CLIENTS ON:
Among the members of our team are lawyers who have
held in-house counsel positions at leading global energy
companies and regulatory agencies and commissions
around the world. Drawing on this experience working in
the highest levels of government and our wealth of
experience representing both regulated entities and their
customers, our lawyers offer a unique perspective that
we use to anticipate and resolve issues on behalf of our
clients.
●●
Grid interconnection
●●
Energy trading and carbon credits
●●
Federal Energy Regulatory Commission (FERC)
investigations, enforcement, and compliance
●●
Energy legislation, lobbying, and policy
●●
Actions before Ofgem and EU regulatory agencies
●●
Climate change policies
●●
●●
●●
●●
●●
National and local land and environmental permitting
and other regulatory approvals
Reviewing transactions to spot regulatory or
compliance issues
Self-reporting options and requirements
Strategies for operating efficiently while fully
complying with all relevant regulations
Investigations and other proceedings that lead to
litigation or arbitration
Our Energy and Natural Resources Group
9
Mining
Hogan Lovells’ Mining industry group is an international,
full-service team with lawyers specializing in the hottest
markets in the mining industry (i.e. Johannesburg,
Ulaanbaatar, and Colorado).
WE ADVISE OUR CLIENTS ON:
Mining and extractives enterprises face a multitude of
legal and regulatory challenges throughout the life of
their operations and in multiple jurisdictions. Hogan
Lovells provides the full spectrum of legal services to
mining and extractive businesses in a wide range of
areas, from securities and merger and acquisition transactions to environmental, regulatory, health and safety,
employment, and litigation matters. Our clients include
both private and publicly traded mining companies
engaged in the gold, copper, coal, silver, nickel, diamond,
uranium, and platinum industries.
●●
Our cross-disciplinary approach and our knowledge of
and contacts with government agencies enable us to
help clients operate globally and achieve their long-term
business objectives. We are a full-service, solutionsdriven team, with significant depth of resources and
knowledge and genuine international breadth.
●●
●●
●●
●●
●●
●●
●●
Securities compliance, offerings, and M&A
transactions for public and private mining companies
Acquisition and sale of mining and mineral interests
Joint venture agreements, prospecting agreements,
participation agreements, and memoranda of
understanding
Development, construction, and financing of mining
projects
Environmental permitting and development of mines
and related facilities
Royalties, royalty payment, streaming, and related
financing
Severance taxes and similar private and governmental
burdens on production
Import and export matters, including VAT and tax
exemptions
●●
Drafting and negotiating long-term supply contracts
●●
Political risk issues in key jurisdictions
●●
International arbitration and litigation on behalf of
mining companies across the globe
●●
Health and safety and related regulatory matters
●●
Employment
●●
Mining concessions in Africa, Mongolia, and many
other regions
Our Energy and Natural Resources Group
Corporate
Finance
Commercial
Asset Finance
Corporate Governance
Banking
Debt Capital Markets
Business Restructuring
and Insolvency
Equity Capital Markets
Executive
Compensation,
Employee Benefits and
Share Incentives
Financial Institutions
Group
Mergers and
Acquisitions
Pensions
Private Equity/Venture
Capital
Real Estate
REITs
Tax
Debt Capital Markets
Derivatives
Infrastructure, Energy,
Resources and Projects
Islamic Finance
Leveraged and
Acquisition Finance
11
Government
Regulatory
Antitrust, Competition
and Economic
Regulation
Intellectual
Property
Copyrights
Administrative and
Public Law
Aviation
Data Protection and
Information
Management
Climate Change
Designs
Appellate
Education
Domain Names
Energy
False Advertising and
Unfair Competition
Bribery, Corruption and
Foreign Corrupt
Practices Act
Investigations
Environment
Food, Drug, Medical
Device and Agriculture
Global Policy Advocacy
Internet and
E-Commerce
IP in Commercial
Transactions
Public Finance
Government Contracts
Real Estate Finance
Health
Structured Finance
Immigration
IP Litigation, Arbitration
and Alternative Dispute
Resolution
International Trade and
Investment
Licensing and
Technology Transfer
Legislation and Political
Law Compliance
Media Litigation and
Counseling
Privacy and Information
Management
Outsourcing
Technology, Media and
Telecoms
Strategic Counseling
and Portfolio
Development
Trade and Export
Finance
Litigation,
Arbitration and
Employment
UK and EU Public Law
and Policy
Patents
Technology Contracts
Trade Secrets and
Confidential Know-How
Trademarks and Brands
Alternative Dispute
Resolution
Class Actions
Commercial Litigation
Congressional
Oversight and
Investigations
Electronic Discovery
and Information Risk
Management
Employment
Environmental
Litigation
Financial Services
Litigation
Insurance Litigation
International Arbitration
Investigations, White
Collar and Fraud
IP Litigation, Arbitration
and Alternative Dispute
Resolution
Life Sciences
Enforcement
Our core practices
Media Litigation and
Counseling
Privacy Litigation
Product Liability
Professional Liability
Projects, Engineering
and Construction
Securities Litigation
and Enforcement
www.hoganlovells.com
Hogan Lovells has offices in:
Alicante
Amsterdam
Baltimore
Beijing
Brussels
Budapest*
Caracas
Colorado Springs
Denver
Dubai
Dusseldorf
Frankfurt
Hamburg
Hanoi
Ho Chi Minh City
Hong Kong
Houston
Jakarta*
Jeddah*
Johannesburg
London
Los Angeles
Luxembourg
Madrid
Mexico City
Miami
Milan
Monterrey
Moscow
Munich
New York
Northern Virginia
Paris
Philadelphia
Rio de Janeiro
Riyadh*
Rome
San Francisco
São Paulo
Shanghai
Silicon Valley
Singapore
Tokyo
Ulaanbaatar
Warsaw
Washington, DC
Zagreb*
“Hogan Lovells” or the “firm” is an international legal practice that includes Hogan Lovells US LLP and Hogan Lovells International LLP.
The word “partner” is used to refer to a member of Hogan Lovells International LLP or a partner of Hogan Lovells US LLP, or an employee, or consultant with equivalent standing and qualifications,
and to a partner, member, employee or consultant in any of their affiliated businesses who has equivalent standing. Where case studies are included, results achieved do not guarantee similar
outcomes for other clients. Attorney advertising.
For more information, see www.hoganlovells.com
© Hogan Lovells 2015. All rights reserved. 02163
* Associated offices