Energy

The energy industry is a constantly evolving field that is influenced by both government regulations and competitive market forces. As counsel representatives for electrical power generation companies, service agents, oil companies, and service stations, we assist clients at all levels of their business to minimize disruption and maximize opportunities. Our firm offers Florida Bar Board Certified expertise in City, County, and Local Government Law, Construction Law, Business Litigation, Real Estate, Land Use & Zoning, International Litigation and Arbitration, Labor and Employment, Appellate Law, and other related disciplines relevant to energy disputes. This ensures that we are uniquely positioned to advise and represent clients in complex matters at the intersection of public regulation, infrastructure development, and international dispute resolution, particularly concerning energy sector issues, including:

Corporate and Commercial Expertise

  • Advising on corporate structuring, governance, and compliance specific to the power generation sector.
  • Drafting, negotiating, and finalizing Power Purchase Agreements (PPAs), joint ventures, government-related contracts, and other agreements.
  • Substantial experience in real estate, including eminent domain. In this area, we have represented major power generation companies and service station owners in condemnation proceedings.
  • Advice with respect to environmental and land use issues specific to the energy industry.

Litigation and Arbitration

  • Representing power generation companies in domestic and international litigation and arbitration, with knowledge of the nuances of energy sector disputes.
  • Handling disputes involving breach of contract, regulatory compliance, environmental issues, insurance, and other industry-specific matters.

International Dispute Resolution

  • Managing cross-border disputes, with experience in handling cases under the rules of the major international arbitration institutions or bodies (e.g. ICC, ICDR, AAA, LCIA, IACAC, UNCITRAL, JAMS), and key regional centers (e.g. Mexico’s CAM and CANACO, Panama’s CeCap, Peru’s CCL), and involving the application of U.S. law or the laws of a variety of foreign countries, and particularly Latin American countries.
  • Coordinating multi-jurisdictional legal strategies to resolve high-stakes disputes efficiently.
  • Litigation involving governments and litigation arising under the Foreign Sovereign Immunities Act (FSIA).
  • Section 1782 (the cross-border discovery), as well as the Recognition and Enforcement of Foreign Arbitral Awards, and the 1965 Hague Convention on Service of Process.

Employment and Workforce Management

  • Employee-related matters, including labor relations, employment contracts, and compliance with local and international labor laws.
  • Employment disputes, workforce restructuring, and addressing issues related to discrimination claims.

Risk Management and Compliance

  • Developing and implementing compliance programs to address risks specific to the power generation sector, including operational, regulatory, and environmental risks.
  • Conducting risk assessments, and policy reviews to ensure that operations meet legal and regulatory standards.
  • Advice with respect to regulatory frameworks, permitting processes, and environmental regulations applicable to power generation projects.

Sanctions and Regulatory Compliance

  • Advising with respect to international sanctions regulations, and compliance with evolving U.S. and other jurisdictional sanctions regimes.

Project Development and Financing

  • Advising on all phases of power project development, from financing to construction and operational compliance.
  • Assisting negotiations with financial institutions and stakeholders to structure project financing, including debt and equity arrangements and investment agreements.

Governmental Relations

  • Liaising with governmental authorities and regulatory bodies to facilitate permitting, compliance, and approvals for power generation projects.
  • Florida Bar Board Certified expertise in city, county, and local government law.

Crisis Management and Emergency Response

  • Assisting, with respect to crisis management, including providing guidance on emergency response planning, business continuity, and risk mitigation strategies for unexpected operational or legal crises. 
  • Supporting companies in handling regulatory inquiries.
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Shutts & Bowen, established in 1910, is a full-service business law firm with approximately 280 lawyers located in eight offices across Florida.

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