Representative Experience
  • Mergers and Acquisitions
    • Handled the assessment and regulatory submissions for the acquisition of a U.S. aerospace business by a Korean manufacturing company. We secured required approval from various U.S. export control agencies and CFIUS in less than half the reported approval time.

      Identified and utilized regulatory exceptions to permit the acquisition of a U.S. energy producer by U.K. investors and submission of required regulatory disclosures.

      Advised on the application of CFIUS to the acquisition of U.S. agricultural business by a Belgian group, as well as on U.S. Departments of Commerce and Agriculture reporting requirements.

      Advised on Belgium-based acquisition of U.S. agricultural business: pre-briefing on CFIUS and U.S. Departments of Commerce and Agriculture reporting requirements; rapid response to U.S. reporting requirements.

      Assisted with U.S. acquisition of solar business, dependent upon Chinese imports: pre-briefing on U.S. customs and duties, agency opinion on breath anti-dumping order; rapid response to acquisition due diligence requests.

  • Government Contracts
    • Assisted a Turkish firm seeking to do business with U.S. government: pre-briefing on FOCI mitigation requirements; advice on available alternatives.

      Assisted an Australian firm seeking to do business with U.S. government: pre-briefing on FOCI mitigation requirements and alternatives. Advice and preparation of required documents.

  • International Trade
    • Advised Tennessee-based automotive parts supplier with EU/China suppliers: pre-briefing on import/export considerations; advise on customs and tariffs; diligence of export/shipping agents.

      Assisted Birmingham-based crane supplier to Mexico with pre-briefing on import/export considerations; advised on NAFTA and IMMEX documentation requirements

      Counseled California-based consumer lighting supplier/importer in pre-briefing on Chinese import/export considerations; advised on customs and tariffs; agency opinion on correct tariff.

  • International Arbitration and Disputes
    • Provided counsel to international engineering and construction firm with forensic analysis and claim preparation related to complex disputes and arbitration claims against the owner of a chemical facility located in the U.S.; the total value of the outstanding claim was in excess of $200 million.

      Advised international engineering and construction company in connection with a dispute against Kharafi National for the development and intellectual property rights associated with work on early production facilities on the Jurassic Production project in North Kuwait.

      Represented a major Middle East crude oil supplier with respect to claims and contract management of onshore and offshore aspects of a crude oil export facility.

      Representing a Fortune 10 company in contingent business interruption litigation pending in Thailand arising out of 2011 Thailand flooding. Previously advised the same company during successful resolution of a contingent business interruption claim arising out of a catastrophic Japanese earthquake.

      Advised a major defense contractor in successful international arbitration in connection with Taiwan radar facility.

      Advised client in successful international arbitration related to a pipeline construction project in Mexico.

      Advised a U.S. engineering, procurement, and construction company in successful international arbitration related to Iraqi disputes.

      Successfully arbitrated substantial case arising out of a military base project in Taiwan.

      Successfully initiated proceedings on behalf of a contractor in London’s Technology and Construction Court involving a major LPNG project in Africa.

      Represented the developer of a hydropower facility in southwest Panama in ICC arbitration, including interviews and other factual development from the project documents, past project personnel, third parties, and experts to understand liability, overcoming dispositive motions, and submit a detailed claim memorial and other prehearing ICC submissions.

      Represented the developer of a hydropower facility in northwest Panama in ICC arbitration in Miami, Florida, against the EPC consortium who designed, built, and warranted the tunnel. The ICC arbitration is ongoing.

  • Power
    • Worked with private equity firm in conducting due diligence on project documentation, including a (i) Power Purchase Agreement, (ii) Engineering, Procurement and Construction Agreement, and (iii) Preventative Maintenance Agreement, for a 41 MW power plant to be constructed in Mozambique at cost of over $102 million.

      Assisted with contract negotiations on behalf of an international Chinese construction contractor for the construction of power transmission grid in the U.S. valued at $700 million.

      Represented power plant owner in a $5 million dispute related to forced power outages and maintenance work on a combustion turbine located in the Dominican Republic.

  • Renewable/Alternative
    • Worked with international renewable developer on the project documents for development of a wind facility off the coast of Delaware expected to produce 500 MW at a cost of over $2.5 billion.

      Acted as lead counsel for a South African project company (and private equity firm) in the drafting and negotiation of a full-wrap EPC contract to provide design, engineering, procurement, construction, start-up and commissioning work, on a turnkey basis and for a fixed price, for two solar facilities with a combined capacity of approximately 21.5 MW to be located in the Republic of South Africa; each plant will consist of approximately 43,000 solar PV panels, electrical collection system, electrical sub-station, grid connection equipment and other components to provide a complete facility with a total value of over $100 million.

      Represented a South African project company (and private equity firm) and led development, drafting and negotiations of an EPC contract to provide design, engineering, procurement, construction, start-up and commissioning work for the Klipheuwel-Dassiefontein Wind Energy Project. Upon completion, the project will have a capacity of approximately 27 MW and will be located near the town of Caledon in the Western Cape Province of the Republic of South Africa. The project will consist of nine wind turbines and entire balance of plant, including grid connections and supply of wind turbine equipment under the EPC contract with a total value of approximately $50 million.

      Counseled international renewable developer in preparing draft forms of agreement for engineering and construction-related services, as well as an equipment supply agreement, for the development and construction of a wind facility in Namibia.

      Represented international renewable developer with the preparation and negotiation of subcontracts for a solar facility project located in Arizona, which was the largest such facility in the U.S. at the time.

      Represented the developer of a hydropower facility in southwest Panama with respect to damages arising out of a collapse of its pressure tunnel. The damages exceeded $300 million. The matter included:

      The development of an investigation and repair protocol, including the preservation of evidence and development of defensible testing protocols

      Consultations and contract management advice regarding the more than $100 million tunnel repair project

      Panamanian litigation, including the prosecution of design professionals in Panamanian courts.

      Represented owner of a hydroelectric facility in northwest Panama arising out of claims relating to an unexpected outflow of water from facility’s pressure tunnel leading to a need to repair the tunnel with damages estimated to exceed $100 million. The matter included assistance in drafting, negotiating, and executing an EPC contract with base scope of repairs in excess of $50 million.

  • Oil and Gas / Chemical
    • Assisted Middle East company with the development and drafting of an EPC contract, along with applicable notices to proceed, for the development and construction of bulk storage facilities at the Port of Salalah in Oman.

      Advised Kuwait Oil Company with respect to the continued development of form agreements for use on future projects in Kuwait; tendering processes; EPC contracting strategies; early production facility (EPF) contracting strategies; project management procedures for projects ranging from $200 million to in excess of $1.5 billion; preparation and delivery of seminars for construction/engineering-related classes; updating of pertinent clauses in existing contract models and delivery of general ongoing advice to the Commercial Affairs Group.

      Counseled Kuwait Oil Company in relation to the awarding and project development of an early production facility in Kuwait involving substantial permanent facilities valued in excess of $1.5 billion.

      Represented a joint venture in the negotiation and finalization of engineering and construction-related agreements for the development and construction of a CA/EDC petrochemical facility in Jubal, Saudi Arabia.

      Assisted an international petrochemical company in the representation of a project sponsor on the development and drafting of an EPC contract for a benzene recovery facility in Saudi Arabia.

      Represented developer, with assistance of local Panamanian counsel, in defense of claims made by downstream supplier in Panamanian courts.

  • Operations and Maintenance Agreements
    • Represented South African project company in the development, negotiation and finalization of Operating and Maintenance Agreements for two solar facilities with a term of 10 years, including all performance guarantees, and related risks.

  • Service Agreements/Purchase Orders/Procurement/Equipment Supply Agreements
    • Represented international manufacturer with Equipment Supply Agreement to Chinese purchaser of specialized nuclear equipment with a total value of over $60 million.

      Represented international manufacturer in the negotiations of major equipment purchase under an Equipment Purchase Agreement with Tenova ISC Equipment for installation of manufacturing equipment in a facility in Iceland.

      Prepared and negotiated equipment supply contract with government agency in Mexico for the design and installation of petrochemical equipment.

  • Commercial Projects
    • Worked with international medical provider with negotiation and drafting of relevant Supply Agreements and long-term Service Agreements for the supply of medical equipment for a project in Turkey.

      Drafted form agreements for a U.A.E. real estate developer in relation to architecture and construction-related agreements for commercial properties to be developed throughout the Middle East.

  • Offshore
    • Preparation of form agreements for international oil and gas exploration company related to offshore engineering, procurement, construction and installation-related agreements for construction of offshore subsea structures and pipelines in multiple fields off of Africa.

      Represented leading international oil and gas exploration company with development and drafting of a procurement, fabrication, outfitting, integration and load-out contract to provide fabrication engineering, procurement, fabrication, outfitting, load-out, lift, set, integration and related services in connection with offshore oil and gas processing facilities, including subsea installation agreements related to subsea structures and assorted pipeline. The project is utilized as an offshore platform for exploration, development and production of hydrocarbons from fields in the Gulf of Mexico.

      Advised international oil and gas exploration company with the development and drafting of a full-wrap EPC and installation contract to provide design, engineering, procurement, construction, installation, load-out, sail-away, start-up and commissioning work, together on a turnkey basis and for a fixed price. The project consists of a central processing platform, a bridge and wellhead platform, and subsea structures; pipeline and facilities used as an offshore production and development platform located off of Peninsular Malaysia.

      Assisted an international oil and gas company with the development of engineering, procurement, construction and installation of offshore oil and gas processing facilities, including refurbishment agreements for MOPUs, FSOs, and offshore drilling rigs for South America and associated subsea pipelines.

      Counselled international LNG client with bid documents, including EPC and installation contract negotiations, for the development, construction and subsea installation of pipelines and subsea structures for exportation of LNG on the Hadera LNG project off the coast of Israel.

      Advised international oil company with the development and drafting of an Engineering, Procurement, Construction and Installation Agreement for development of facilities on the Chissonga project located offshore of Angola.

  • Infrastructure/Manufacturing
    • Advised national port authority in Oman in contract strategies and drafting of relevant agreements related to the development and construction of railways through the port and user sites at the Port of Oman.

      Assisted subcontractor in negotiation and drafting of a Construction Contract and Supply Agreement for work on the Qatar National Convention Centre.

      Represented international project company with respect to the drafting and negotiation of an EPC contract of a desalination plant for the Palm Jebel Ali Potable Water Systems project in the U.A.E., along with negotiations of the Concession Agreement.

      Represented European company in the construction and engineering of a uranium enrichment facility in New Mexico estimated to be valued in excess of $1.2 billion. This was the first nuclear project in the United States in over 27 years.

      Assisted client from U.A.E. in the preparation of construction and engineering agreements for the development of a port and required dredging valued over $1 billion.

      Advised Birmingham-based construction materials client with UK opportunity: pre-briefing on UK business considerations; introduction to UK counsels.

  • Corporate Transactions
    • Led coordination efforts with local authorities in the privatization process of a government-owned airline in the Middle East.

      Assisted client with the drafting and finalization of trade agreements related to the export of gold from Tanzania to the U.S. and worldwide locations.

      Assisted a Fortune 500 company with the divestiture of a subsidiary to a large German company involving negotiation of price and liabilities, preparation of appropriate agreements, and oversight of intellectual property counsel in assigning rights to proprietary software and License Agreements.

      Finalized corporate structure of new company with subsidiaries in the United States and England (including current work on subsidiaries for Canada, Russia and the Cayman Islands) for business consulting and technology development.

  • Supply and Offtake Agreements
    • Advised international chemical producer on a Marketing Agreement and Off-Take Agreement for certain products produced by Saudi company in its facility located in Jubal Industrial City in the Kingdom of Saudi Arabia.

  • Joint Ventures/Consortiums
    • Prepared and negotiated Consortium Agreement with Peruvian company for technical assistance in connection with large upstream gas facility in Brazil.

      Finalized a Joint Venture Agreement with company in Vietnam for the design, construction and operation of a power plant for three industrial development parks.

      Assisted an international Saudi Arabian engineering company in negotiations for a joint venture with a Korean engineering/construction company to perform engineering and construction work in Saudi Arabia.