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North America - United States • Energy

McDermott Will & Emery LLP

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McDermott Will & Emery LLP is often involved in some of the most significant renewables and alternative energy projects in the US, and stands out for its policy-related work in the industry. The Inflation Reduction Act and related tax equity investments have been a major source of recent work for the team, and clients include a wide variety of stakeholders in renewable energy. Co-chair of the practice group Philip Tingle is one of the go-to figures in the market for tax-related issues and has supported heavyweight clients on the IRA and related incentives, tax credits and technologies. Fellow chair Edward Zaelke is based in Washington DC and has vast experience with the full spectrum of alternative energy development and finance matters. Alongside him in Washington DC is Carl Fleming, a transactional lawyer and policy advisor, and Christopher Gladbach, who is well versed in energy industry M&A, project finance transactions, project development, and tax equity matters. Heather Cooper in Miami ‘can provide a quick high-level analysis’ on the range of tax issues in the energy industry, and New York-based Joel Hugenberger and James Salerno both handle financing and development for solar and wind projects.

Legal 500 Editorial commentary

Testimonials

Collated independently by Legal 500 research team.

  • ‘MWE has a wide bench of renewable energy clients, in particular in the utility scale space, so their insight into the market is very helpful and additionally, as they are known in the market, they make negotiating tax issues easier.’

  • ‘Heather Cooper can provide a quick high-level analysis speaking directly to commercial concerns in a succinct way. I have said more than once I wish Heather could train other law firm attorneys on how to work with clients. She is also very practical and has provided us cost effective means to manage some tax concerns operationally and in connection with finances. In one case we had a particularly thorny issue and canvassed all the premiere tax lawyers in this space and Heather Cooper and Philip Tingle were the only ones who provided a clear practical solution that saved us millions.'

  • 'I have worked across the table from Joel Hugenberger and he is worth mentioning here. It might feel counter-intuitive, but in transactional law it is much easier and faster to negotiate and close a deal with a very good lawyer like Joel! Joel has technical mastery and an even temperament, so we can focus on problem solving and get to solutions that make our clients happy.’

Key clients

  • Aiga Capital Partners
  • Lennar Corporation
  • Santander Bank
  • Microgrid Networks
  • Cypress Creek Renewables
  • Northleaf Power
  • Apex Clean Energy
  • Pine Gate Renewables
  • Novis Renewables
  • Catalyze
  • Clearway
  • Doral
  • Ameren
  • NiSource (Northern Indiana Public Service Company LLC (NIPSCO))
  • Hanwha Q CELLS Co., Ltd.
  • Distributed Solar Development, LLC
  • AEP
  • AES Distributed Energy
  • Algonquin Power & Utilities Corp
  • Innogy renewables (RWE renewables)
  • LS Power
  • Primergy Solar
  • Credit Suisse
  • Scout Clean Energy
  • AMF Kimble Holdings, LLC
  • Arbor Renewables LLC
  • Crossbridge Energy Partners
  • Invenergy Renewables
  • Novel Energy Solutions
  • BayoTech
  • Beam Suntory Inc
  • Phalanx Impact Partners LLC
  • Irradiant Partners, LP
  • Doral Renewables
  • BQ Energy
  • Mohegan Renewable Energy

Work highlights

  • Representing Pine Gate Renewables in circa $500m in tax equity investment and debt financing.
  • Representing Bayotech in its development of hydrogen hubs across the US and providing legal support on their long term commercial agreements, IRA issues and other regulatory and policy matters.
  • Advising a joint venture between Scout Clean Energy and Elawan Energy on agreements to simultaneously purchase the tax equity Class A interests in PC1 Holdco and cause PC1 Holdco to sell the company that owns the Persimmon Creek 1 wind farm.

Lawyers

Leading partners

The strongest partners in their field, leading on market-leading deals and endorsed by peers and clients alike.

Edward Zaelke

Edward Zaelke

McDermott Will & Emery LLP

Partner Edward (Ed) Zaelke is the head of the Firm’s Global Energy Project Finance group. He focuses his practice on project finance and private equity in renewable energy transactional matters. With more than 30 years of experience, he advises clients on all elements of alternative energy development and finance, including equity and debt financing, merger and acquisition transactions, equipment purchase and sale agreements, power purchase agreements, siting and other real property issues, governmental approvals, and engineering, procurement and construction (EPC) contracts. For further details of Edward's biography, please view McDermott website: https://www.mwe.com/people/zaelke-edward/

Carl Fleming

Carl Fleming

McDermott Will & Emery LLP

Carl J. Fleming is a transactional lawyer whose principle areas of practice are renewable energy and private equity. He leads transactions throughout the US and worldwide for a number of the renewable industry’s leading developers, global private equity funds and Fortune 500 companies. He provides legal, commercial and strategic advice on the development, purchase and sale and financing of renewable energy projects in wind, solar, energy storage, electric vehicles and other low carbon solutions. A partner in our Washington, DC office, he also advises on a number of energy and climate change policy issues. Please visit McDermott website for full biography: https://www.mwe.com/people/fleming-carl-j/

Practice head

The lawyer(s) leading their teams.

Edward Zaelke, Philip Tingle

Other key lawyers

Carl Fleming, Chris Gladbach, Heather Cooper, Joel Hugenberger, Jim Salerno, Lloyd MacNeil, Debbie Harrison