Energy Company Breaches Equity Investment Contract


    Energy ExpertThis case involves an equity dispute between a public utility company and a renewable energy company. The companies entered into a contract under which the utility company committed to making an equity investment into a wind farm the renewable energy company built. The utility company failed to make the investment, claiming, among other reasons, that the renewable energy company failed to meet certain conditions precedent in the contract to the utility company’s investment. These conditions are standard conditions in these types of contracts, including the delivery of certain legal opinions, the validity of reps and warranties concerning material contracts, and the delivery of various certificates at the closing date. The renewable energy company satisfied these conditions at the closing date, but the utility company refused to close because it was no longer interested in making the investment. An expert in energy law to review the records and testify about the custom protocol and practices around these types of standard closing conditions.

    Question(s) For Expert Witness

    • 1. What is your experience drafting and negotiating project finance transaction contracts/documents, particularly for renewable energy projects?

    Expert Witness Response E-030332

    I am a career expert in the field of renewable energy law. I received my JD from Georgetown University and formerly served as a partner in the global energy transactions and corporate practice groups at an internationally renowned law firm. I also served as a partner in the corporate and energy practice group at another prestigious firm.  I have published 10+ articles on renewable energy law and I was listed as a top clean technology lawyer in my state.

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