Cases
Representative Matters: Energy Matters: Represented NovaSource Power Holdings, Inc. in the assignment/novation of numerous O&M agreements for projects across the US, in Europe
Latin America as well as the review
negotiations of NDAs for possible acquisitions of other O&M businesses in the US, Europe, Middle East
Asia.
Represented NovaSource Power Holdings, Inc. in a private placement of its common stock
the secondary sale of common stock by its principal stockholder to employees located in Arizona, California, New York, Oregon, South Dakota, Texas, France
Chile.
Represented a North American retailer of energy
energy services in challenging an Order issued by New York Public Service Commission (the NYPSC ) in a short period of time, fully prepared to challenge the NYPSC on constitutional grounds
through parallel state
federal appeals.
Represented Green Light Solar, LLC as lead trial counsel h
ling all initial responsive pleadings
discovery matters including a site inspection of the solar system at issue in the dispute.
Represent Service Experts LLC in ongoing efforts advising
counseling regarding its Advantage lease program for HVAC systems, boilers, water heaters
softeners,
other home devices for compliance with federal statutes including the Truth in Lending Act, Consumer Leasing Act, Fair Credit Reporting Act,
related federal regulations, along with disclosure
notice requirements state laws.
Represent an international energy company
its affiliate in connection with a complex electricity cogeneration facility supply agreement with a neighboring industrial facility.
Represent new ERCOT market participant with its registration requirements in the Electric Reliability Council of Texas ( ERCOT )
with the Public Utility Commission of Texas ( PUCT ).
Represented Gateway Energy Services Corporation, First Choice Power, CPL Retail Energy, WTU Retail Energy,
Direct Energy across various states in connection with multiple regulatory agency representations related to wholesale
retail electricity supply issues.
Represented ERCOT-based power developer Centrica (LSE: CAN) in connection with potential peak shaving power plant development
related regulatory considerations.
Represented SolarCity (NASDAQ: SCTY, now TSLA) in connection with net metering projects
state compliance regulations related to same.
Represented Santo Petroleum in connection with its real estate title business
licensing arrangements related to same.
Represented SunPower (NASDAQ: SPWR) in the strategic divestiture of its microinverter assets (including more than 140 patents), as well as SunPower's long-term supply agreement with Enphase Energy (NASDAQ: ENPH)
Enphase acquired SunPower's microinverter business for $25 million in cash
7.5 million shares of Enphase common stock
total deal value was approximately $75 million.
Represented Power Home Remodeling Group's development of residential solar sales division, including drafting of customer agreements regarding state
federal compliance obligations.
Represented WinData LLC, a wind farm developer, in enforcement of non-discriminatory electricity rates involving parallel regulatory proceedings related to the Montana Public Service Commission (MPSC).
Represented SunPower (NASDAQ: SPWR) with development of large multi-array solar facility including various aspects of PPA negotiations, EPC issues, interconnection considerations,
regulatory compliance matters before the Public Utilities Commission of Texas (PUCT).
Represented Chevron (NYSE: CVX)
Chevron Energy Solutions in connection with potential liabilities associated with former renewable energy division (
portfolio of transferred renewable energy projects).
Represented Siemens Gamesa Renewable Energy S.A., formerly Gamesa Corporacion Tecnologica S.A. in connection with emergency arbitral proceedings related to dispute over wind farm project access in Mexico.
Represented a Calhoun County ISD in negotiations with solar developer NextEra Energy, Inc. (NYSE: NEE) related to long-term power purchase agreement.
Represented an international solar developer in dispute with strategic partner over joint development projects
related dispute over option agreement issues for potential acquisition of entity.
Represented global wind farm developer Siemens Gamesa Renewable Energy S.A., formerly Gamesa Corporacion Tecnologica S.A., in arbitration dispute against owner related to alleged availability, warranty,
engineering defect issues arising under long-term turbine supply
services agreement.
Represented Enchanted Rock in various compliance
regulatory matters related to behind the meter power generation capabilities within Electric Reliability Council of Texas (ERCOT).
Represented Occidental Chemical Corporation (NYSE: OXY) in state
federal court, as well as in regulatory proceedings, in complex PURPA dispute related to renewable energy generated by John Deere Renewables wind farms (purchased by Exelon (NASDAQ: EXC)).
Represented Constellation Energy (NYSE: CEG) in Michigan federal court regarding energy trading group's allocation of responsibility for Federal Energy Regulatory Commission (FERC) surcharges under a power purchase agreement.
Represented Circular Energy in evaluating potential securities law regulatory issues related to potential community solar product offerings, including meeting with regulators at the Texas State Securities Board (TSSB).
Represented a foreign corporation seeking enforcement of large arbitral award against sovereign nation in Texas federal court related to construction of large infrastructure projects in Africa.
Represented CEMEX S.A.B de C.V. (NYSE: CX) in Florida state court (Complex Business Litigation Court) concerning a large construction dispute over a multimillion-dollar cost overrun involving claims for engineering defects, delays,
project disruptions.
Represented CEMEX S.A.B de C.V. (NYSE: CX) in Texas state court litigation against Texas electric utility involving allegations of construction defects in connection with a large power plant construction project.
Represented a large international refining client in complex commercial dispute involving a wide range of construction issues related to delays, disruptions, CPM scheduling issues, labor productivity, labor availability
resulting complex damage calculations (including disputes over potential liquidated damage provisions).
Healthcare Matters: Represent Knox County Hospital District in a multi-million dollar dispute with Blue Cross
Blue Shield of Texas ( BCBSTX ) involving a long-term reimbursement dispute regarding payment for laboratory services rendered by Knox County to BCBSTX members.
Represented Comprehensive Psychiatric Services in emergency AAA arbitral proceedings against Blue Cross of California d/b/a Anthem Blue Cross related to reimbursement dispute.
Acted as first chair trial counsel for Little River Healthcare in obtaining an approximately $108 million AAA Final Award from Blue Cross & Blue Shield of Texas. The 2-week hearing resulted in an award in favor of Little River for approximately $80 million in damages (inclusive of prejudgment
post-judgment interest)
imposition of more than $21 million in additional penalties against BCBSTX for violations of Texas Prompt Payment laws. The verdict also shifted attorneys' fees
other costs onto BCBSTX,
denied all of BCBSTX's counterclaims against Little River.
Represented the Chapter 7 Bankruptcy Trustee in pursuit of large estate claims against health insurance company related to claims reimbursement dispute.
Represented LogixHealth against insurance payer who had systematically underpaid emergent care claims in an effort to reduce its financial obligations to providers.
Represented Rockdale Blackhawk d/b/a Little River Healthcare in various disputes involving the provider's commercial reimbursement disputes with Aetna, Humana, Blue Cross Blue Shield,
United Healthcare.
Represented PharmScript LLC in connection with third-party subpoena compliance issues (
parallel litigation considerations in multiple courts).
Represented a pharmaceutical conglomerate related to complex post-merger breach of contract dispute related to distribution agreement.
Represented a large pharmaceutical company in federal court in Nebraska related to allegations of false advertising under the Lanham Act where damages sought were in excess of $50 million.
Other Matters: Represented a large U.S.-based bank in its capacity as independent fiduciary evaluating the fairness of proposed securities
ERISA class action settlements.
Represented Whole Foods Market (NASDAQ: WFM) against claims of patent infringement in federal court of the Eastern District of Texas.
Represented a national restaurant corporation in federal court related to protection of its trade dress
trademarks from infringing entities.
