Joint Development Agreements in Renewable Energy Projects
Selection of Partner, Agreement Structure, Planning for Involuntary Early Endings, Avoiding Unintended Consequences
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will provide guidance to counsel structuring joint development agreements (JDAs) for renewable energy projects. The panel will examine the critical terms for JDAs and discuss key considerations, including partner suitability and approaches to agreement structure. The panel will also address issues such as disputes that can arise between JDA parties and steps that can be taken to minimize such disputes.
Outline
- Preliminary considerations
- Key provisions
- Exclusivity
- Funding
- Withdrawal/Termination
- Commercial Principles
- Additional issues
- Nature of Project Opportunity
- Transfers
- Other structures/relationships
Benefits
The panel will review these and other key issues:
- What are key considerations for counsel negotiating the JDA?
- What issues must a JDA address regarding scope of joint development activities?
- What are the obligations of parties and protections accorded to each?
Faculty
Bernays T. (Buz) Barclay
Partner
Rimon
Mr. Barclay focuses on business transactions primarily in the electric power industry and in infrastructure projects,... | Read More
Mr. Barclay focuses on business transactions primarily in the electric power industry and in infrastructure projects, and provides business counsel to a broad array of emerging companies, primarily in the sustainable technology space. His multi-disciplinary practice includes start-up business counseling and financing, joint ventures, mergers and corporate and asset acquisitions, project development, project restructuring, project finance, private equity and venture capital investing. Mr. Barclay has experience with fossil fuel technologies, energy efficiency products and services; wind, solar, biomass and other renewable resources; biofuels; coal-to-liquids; fuel cells; waste-to-energy; combined (clean) heat and power and distributed generation, and independent transmission projects.
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Guy C. Smith
Partner
Stinson
Mr. Smith is a Co-Leader of the firm's Renewable Energy Practice Group and has more than 25 years of experience as... | Read More
Mr. Smith is a Co-Leader of the firm's Renewable Energy Practice Group and has more than 25 years of experience as a corporate and transactional attorney. He has worked on numerous acquisitions, divestitures and financings, as well as complex commercial transactions, in the U.S. and overseas, and has considerable experience with general corporate matters and compliance-related initiatives. While Mr. Smith’s work spans a broad variety of manufacturing and service industries, his primary industry focus is in energy, where he represents oil and gas companies, oilfield service providers, independent power producers, renewable energy project (e.g., wind and solar) developers, utilities, electric cooperatives, clean technology companies, equipment manufacturers, energy-related service providers, and construction companies.
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James R. Wrathall
Counsel
K&L Gates
Mr. Wrathall focuses his practice on energy matters. He has particular experience in renewable and distributed energy... | Read More
Mr. Wrathall focuses his practice on energy matters. He has particular experience in renewable and distributed energy development and financing transactions; mergers and acquisitions; regulatory and policy matters; litigation; and corporate compliance. Mr. Wrathall served from 2007 through 2011 as Majority Senior Counsel with the U.S. Senate Environment and Public Works Committee, responsible for climate and clean energy legislation and oversight. He previously was a partner in the D.C. office of a major international law firm for more than 10 years.
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