ENERGY, INFRASTRUCTURE AND RESOURCES
If capital is the lifeblood of the global economy, infrastructure is its beating heart. The supply of energy, extraction of resources and development of
infrastructure forms the basis of all economic development globally. K&L Gates
serves clients involved in every aspect of the global energy, infrastructure, and
resources space through a wide variety of legal disciplines. We serve project
sponsors and developers in power generation, renewable energy, oil and gas,
mining, transportation, and social infrastructure—as well as development
banks, government agencies, and contractors involved in financing, building,
and operating energy and infrastructure projects.
Our global platform includes lawyers
with experience across a broad range of
disciplines, including project finance and
development, public-private partnerships,
construction, energy and environmental
regulation, corporate finance, mergers and
acquisitions, government contracting, and
public policy. Our team has extensive experience in cross-border investment, development, acquisitions and dispute resolution.
K&L Gates serves clients involved
in every aspect of the global energy,
infrastructure, and resources
space through a wide variety of
legal disciplines.
Sectors Served
Power Generation and Transmission
K&L Gates lawyers assist power sector clients in meeting the growing global demand
for energy, including renewable energy. Our
clients include independent power producers, alternative energy project developers
and producers, investor-owned and publicly
owned utilities, emerging businesses in
the smart energy sector, power marketers,
members of the nuclear power industry,
industrial and commercial energy customers, municipalities, investors, lenders,
developers, and contractors. We advise on
all aspects of financing, constructing, and
operating power generation facilities, and
on regulatory and commercial aspects of
power sales, transmission, asset acquisition and divestiture, and energy industry
mergers and acquisitions. We assist clients
developing Clean Development Programme
power production facilities in obtaining
carbon finance, and assist many other market participants in emissions trading and
renewable energy credits.
Oil and Gas
Our comprehensive oil and gas practice has
extensive experience in both conventional
and unconventional formations throughout
North America and Europe. In the Middle
East, Australia, and Asia our lawyers work
on a range of engagements in the upstream
and downstream sectors, including oil and
gas field development, petrochemical and
refinery developments, and energy trading.
Mining and Metals
Our experience in mining and metals spans
natural resources development, conservation, and management companies – including coal, aggregates, minerals, and
base and precious metals. We advise on
due diligence, negotiation, and transaction
documentation for capital markets and corporate transactions for mining and metals
companies; and advise on regulatory and
operational issues involved in obtaining,
renewing, and transferring mining, water,
air, and other permits and entitlements.
passenger cruise vessels, and specialized
vessels such as power-generating barges,
tugs, mobile offshore drilling units, offshore
supply vessels, fishing, dredging, and
recreational boats. Our maritime clients also
include ports, marinas, shipyards, investment and financing entities.
Telecommunication Facilities
K&L Gates advises a wide range of telecommunications infrastructure and service
providers – from local telephone companies
to wireless operators, and domestic and
international backbone providers to broadband service providers – on all aspects of
network build-out and operations.
Social Infrastructure
Water, Wastewater, and Reclaimed
Water Projects
Our team has considerable experience in
the siting, permitting, construction, operation, and implementation of water, wastewater, and reclaimed water projects across
North America, Europe, and the Middle
East, including innovative public-private
partnerships, mergers and acquisitions, and
asset transfers. We have worked on major
water projects, ranging from traditional
water source development, treatment,
and distribution system development to
high-tech desalination and high-quality
reclaimed water services.
Transportation
K&L Gates has extensive global experience
representing project sponsors, government agencies, contractors, and suppliers
on transportation infrastructure projects
and transportation service agreements. We
have represented companies on project
management, design, construction, operation, finance, and maintenance projects
for intercity and metropolitan rail systems;
electrified light rail and streetcar systems;
subway and heavy rail systems; freight rail
projects; urban and regional bus systems;
paratransit or other specialized roadway
transit services; highway, bridge, tunnel,
and toll road projects; and port and station
facilities. We represent owners and operators in all major sectors of the maritime
industry — containerships, roll-on/roll-off
vessels, liquid and dry bulk cargo vessels,
We have advised on a wide range of social
infrastructure projects -- encompassing
hospitals and health care systems, educational and research systems, social welfare
systems (including social housing, extra
care housing, and adult social care facilities), and emergency services.
Infrastructure Funds and Investors
K&L Gates has extensive experience in
establishing infrastructure funds and their
subsequent investments, including AIM
listing of funds. In addition, our team has
worked with institutional investors in their
commitments to infrastructure investment
funds. We advise on the regulations involving trading and hedges in commodities,
including assistance with internal investigations and litigation. We also work with
multilaterals, lenders, development banks,
and other debt and equity providers in connection with the financing and acquisition
of infrastructure projects globally.
Our Construction and Engineering lawyers have current or
completed projects in more than 80 countries–including the BRIC and several CEE countries–ranging from complex energy and infrastructure projects to libraries and monuments.
Service Areas
Construction and Engineering
Project Development and Finance
Our Construction and Engineering lawyers are involved from the early stages of
finance, development, and design through
implementation, construction, and project
close-out. We advise project owners and
contractors on all aspects of negotiation and
documentation of engineering, procurement, and construction contracts, as well as
resolution of construction-related disputes.
We advise global construction and service
companies on international project issues
such as anti-bribery statutes, international
arbitration, and more.
K&L Gates’ project finance lawyers address
the legal and commercial requirements
applicable to structuring, developing, constructing, and operating economically and
legally independent projects and facilities.
In developing and structuring projects, we
assist in multiple sectors, including governance arrangements and tax-efficient entity
structures. We are familiar with international
procurement laws, such as the EU procurement directives, which increasingly impact
international projects. In the financing
phase, our lawyers implement traditional
project financing, structured finance, taxable and tax-advantaged debt, equity, and
intercreditor arrangements.
Public-Private Partnerships (P3)
Our global Public-Private Partnerships (P3)
practice advises governments, sponsors,
project entities, third-party equity investors, banks, construction contractors, and
facilities management providers on projects
in 60 countries around the world. The
lawyers in our P3 practice have advised in
an extensive number of sectors – including
communications, education, energy, health
and social care, hospitality, housing, museums, parking systems, prisons, rail, roads
and bridges, ports, science and research,
stadiums, waste management, water, wastewater, and reclaimed water.
Energy and Environmental Regulatory
We advise global infrastructure, energy, and
resource clients with the many energy and
environmental regulations facing major resource extraction, infrastructure, and power
generation projects. We work with clients
to successfully navigate regulatory requirements and maintain good relationships with
regulatory agencies, elected officials, nongovernmental organizations, and the public.
We also advise on competition and antitrust
regulation in the energy and resources
sectors, including approval of mergers and
acquisitions, rate and cost allocation matters, and other administrative matters.
Capital Markets and Corporate
Transactions
Our offices in the global financial centers of
London, New York, Hong Kong, Shanghai,
Singapore, Tokyo and Berlin offer energy,
infrastructure, and resources clients deep
experience in accessing traditional and nontraditional capital markets, including debt
and equity investment, listing on AIM and
other exchanges, and complex tax-equity
investments. In addition, we assist clients
in monetizing tax credits, emissions credits,
and other carbon trading instruments.
Government Solutions and Securities Enforcement
Companies with international business
face risks resulting from improper payments to foreign government personnel, prohibited by laws such as the U.S.
Foreign Corrupt Practices Act (FCPA), the
U.K.’s recently amended Bribery Act, and
similar laws enacted by member states of
the Organization for Economic Cooperation
and Development (OECD). Some laws also
criminalize corrupt payments in business
transactions between private parties. Our
team advises on development of compliance policies and procedures, counsels
on liabilities in connection with M&A
and other transactions, and assists with
internal or governmental investigations into
allegations of non-compliance.
Learn more about our Energy, Infrastructure and Resources practice at klgates.com.
United States
Elizabeth Thomas
+1.206.370.7631
liz.thomas@klgates.com
United Kingdom, Europe and Africa
Paul Tetlow
+44.(0).207.360.8101
paul.tetlow@klgates.com
Asia
Christopher Tung
+852.2230.3611
christopher.tung@klgates.com
Michael G. Zanic
+1.412.355.6219
michael.zanic@klgates.com
Australia
Simon Salter
+61.8.9216.0930
simon.salter@klgates.com
Middle East
Paul M. Simpson
+971.4.427.2721
paul.simpson@klgates.com
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K&L Gates practices out of 47 fully integrated offices located in the United States, Asia, Australia, Europe, the
Middle East and South America and represents leading global corporations, growth and middle-market companies,
capital markets participants and entrepreneurs in every major industry group as well as public sector entities,
educational institutions, philanthropic organizations and individuals. For more information about K&L Gates or its
locations, practices and registrations, visit www.klgates.com.
This publication is for informational purposes and does not contain or convey legal advice. The information herein should not be used or relied upon in regard
to any particular facts or circumstances without first consulting a lawyer.
©2013 K&L Gates LLP. All Rights Reserved.