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
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