Energy

The fast developing areas of renewable energy and alternative energy, such as biofuels, fuel cells, solar, wind, geothermal, tidal, methane/biomass conversion, hydrogen and ethanol, offer tremendous opportunities. However, like any developing field, the risk of missteps also is significant. Experienced legal counsel can assist renewable energy and fuel project developers and owners through the early stages of development and provide sophisticated guidance to keep a growing company on a prosperous, steady path.

Womble Carlyle can help alternative and renewable energy companies at all stages of development, from initial strategic planning and raising capital for a start-up entity to growth strategies, profit maximization, and ongoing legal and compliance issues for established businesses.

In addition, the team helps energy companies structure and form various corporate business entities that best allow energy companies to grow and thrive. We structure transactions to optimize corporate and tax opportunities for our clients, and capture by contract, and monetize, the ancillary revenue streams from renewable energy projects, such as renewable energy certificates and carbon credits.

Energy funding also is a critical issue for most clean technology, renewable energy and fuel companies. Womble Carlyle can help. Not only do we have significant experience negotiating venture capital and private equity agreements between strategic partners. Government funding is another key revenue source for energy research and development. We have assisted clients in securing government funds, incentives and grants, as well as qualifying them for tax credits available for renewable fuel or energy projects. We also have assisted energy clients in forming public-private partnerships and in accessing public finance markets.

Even companies not traditionally in the energy business still have plenty of energy legal issues.

Many large companies, particularly those in the manufacturing sector, must meet federal and state energy and environmental regulations concerning their energy consumption.

Our Energy Team, working hand-in-hand with our Real Estate Group, is at the forefront of energy efficiency and green building initiatives and practices. We have represented almost every type of commercial property owner or manager through all asset classes with regard to energy performance contracting with energy services companies (ESCOs) to install energy efficiency measures. We have also represented ESCOs in contracting with host facilities for these services. Projects have ranged from lighting retrofits to installing advanced interval meters to benefits from aggregation of load and/or time-of-use pricing to on-site generation or co-generation to full energy system retrofits with energy management plans. We have assisted large commercial and industrial end users with energy sourcing and procurement, and have assisted with green building qualification through the US Green Building Council's LEED programs.

In conjunction with Womble Carlyle's Federal and State Government Affairs Team, we also represent energy clients before lawmakers and regulatory bodies, to ensure that those clients' needs and concerns are addressed.

The swirling regulatory climate surrounding the energy industry can be particularly challenging. There is a voluminous amount of federal, state and local laws governing energy production and consumption and those laws are constantly evolving.

More change is on the way: the new administration in Washington has made it clear that climate change, renewable energy sources and fuels are a high priority, and that means greater government oversight. For example, new proposed Environmental Protection Agency (EPA) rules require the reporting of carbon dioxide production once that production reaches a certain level.We also assist clients with carbon risk reporting requirements in SEC disclosures.

In addition, local and municipal governments need guidance on energy regulatory policy. Most cities and counties receive federal energy funds, and with those funds come regulation.

Womble Carlyle Energy attorneys can assist companies in complying with applicable regulations and avoiding potential fines, penalties and negative publicity. We also can help clients leverage the benefits of successful regulatory compliance, such as potential tax breaks, and use their compliant status as a strategic competitive advantage in the marketplace.

Our attorneys regularly represent clients before the EPA, the Federal Energy Regulatory Commission as well as state energy regulatory bodies and environmental agencies.

We also have experience with the purchase and sale of carbon credits, both via bilateral transactions and via brokers, marketers or exchanges. We can also advise on the best avenues for maximizing returns from carbon sales now and as the federal rules evolve.

Companies across many different fields are seeking innovative, technology-based approaches to improving performance, efficiency and cost-effectiveness while reducing energy consumption and waste. In 2007 alone, more than $2.6 billion was invested in cleantech solutions by venture capitalists.

The businesses that can provide those solutions will stand to reap those substantial benefits. Womble Carlyle can help clean technology or "Greentech" providers with:

• Intellectual property, including patent registration and enforcement
• Corporate formation
• Capitalization

Intellectual property is the life blood of emerging industries such as clean technology. Years of research and millions of dollars can prove wasted if a company does not adequately protect its patents. Womble Carlyle's Energy Team includes attorneys with decades of experience in all stages of patent development and prosecution. Our experience includes assisting clients in such fields as:

• Patent searches, reviews and applications
• Patentability surveys
• Non-infringement/infringement issues
• Licensing
• Freedom to operate, state-of-the-art and design-around studies
• International patent applications

Should the need arise, we also can aggressively defend a client's intellectual property rights in court. In the United States, we have represented clients in disputes before the U.S. International Trade Commission, various U.S. district courts, and the U.S. Court of Appeals for the Federal Circuit. We also have thorough experience in international patent litigation.

Finally, we can assist energy companies with the transfer of technology assets in mergers, acquisitions and joint ventures.

Make no mistake ... going green is mainstream.

Environmentally friendly practices are more than just an exercise in civic responsibility; they now make good business sense. Consumers increasingly are seeking out green options when they shop. Companies that use green practices may be eligible for a growing range of local, state and federal incentives. Banks have established green lending pools for green businesses and green development. While "going green" once was an area reserved for niche companies and start-ups, now companies of all sizes have entered this arena.

Learn more about the Womble Carlyle Green Practices Team.