Renewable Energy Epicenters
California
In the United States, California has been the epicenter of activity in the renewable energy field, and Crowell & Moring's California-based attorneys have long and deep relationships with the business leaders at its forefront. We work closely with startup companies, venture capitalists, and other early stage companies in Silicon Valley and elsewhere to advise and assist entrepreneurs in starting and funding renewable energy companies. We also work closely with important networking groups such as the Keiretsu Forum and the MIT-Stanford-Berkeley Nano Forum as well as sponsor and participate in renewable energy conferences, such as those organized by The Cleantech Group to help entrepreneurs connect with funding sources. Through this process we have assisted entrepreneurs to start successful solar, solar thermal, lithium ion battery, fuel cell, biofuel and other companies.
Our California attorneys cover the full range of practice areas necessary to serve renewable energy companies locally in California and elsewhere. These services include intellectual property, corporate transactional, labor and employment, construction, government contracting, litigation, and alternative dispute resolution. We also routinely team with our environmental and regulatory, tax and other practice areas in order to bring their expertise to bear for our clients based in California.
European Union (EU)
The EU has been at the forefront of renewable energy development globally, and Crowell & Moring's London and Brussels offices have worked seamlessly with our U.S. offices as this energy industry transition has evolved. Energy markets, especially in the electricity and gas sectors, have seen their traditional supply structures undergo significant change, and this development is likely to accelerate in the future. Principal drivers of this transition are legislative and other regulatory initiatives often agreed at a supranational level (for example, the Green Paper of the European Commission on developing a European strategy for energy markets). Crowell & Moring has a long history of advising traditional energy utilities and newer, renewable energy market entrants on these matters. We are noted for our particular expertise in German and EU competition law in the energy sector, experience in state assistance, and in monitoring critical regulatory developments.
For many years, energy utilities benefited from generous state aid policies of the EU Member States. As a result of the new liberalization policy and its effect on the role of the former monopoly providers in a competitive environment, our competition counseling also focuses on compliance with the EU state aid rules. In this area, our core activity is counseling clients that apply for grants of new aid as well as representations of beneficiaries in proceedings before national courts in cases relating to the recovery of existing aids. The following areas are particularly relevant to state assistance in the energy sector: allocation of CO2 emission certificates; renewable energy investment subsidies; "rescue", restructuring and emergency aid; aid for research, development and innovation; and Public Private Partnerships (PPP).
Our lawyers also advise clients on the complete spectrum of competition law in the energy sector. Principal engagements in this area include "abuse of a dominant position" analyses and actions before the European Commission and within the framework of applicable national law. Typical cases that are often relevant to renewable energy development include: access to essential facilities; access to confidential information; abusive pricing (e.g. discrimination, margin-squeezing, rebates); tying agreements; and "bottleneck" management and network expansion.
Our European competition law practice includes horizontal cooperation and cartel matters in which we represent companies subject to investigations before the European Commission and national antitrust authorities, train and counsel clients in dealing with dawn-raid investigations by the European Commission and national cartel or regulatory authorities, and develop and implement compliance programs. In addition, we regularly advise clients on questions relating to structuring of joint ventures and other forms of legitimate cooperation, including such matters as codes of conduct and compliance programs and joint selling.
We also advise clients on challenging anti-competitive arrangements, particularly cross-border distribution agreements, and merger control matters. For example, contract provisions that may give rise to concern include market segregation, exclusive distribution agreements and non-compete arrangements, field of use restrictions, and obligations to share competitor information. In the merger control area, we have extensive experience in notification procedures before the European Commission and national antitrust authorities, including negotiating remedies, such as identifying and selecting possible purchasers should a disposal of a business become necessary, as well as complementary, compliance measures.
Beyond these capabilities, our EU engagements often include regulatory representations and monitoring of important legal developments of particular relevance to our clients. We have considerable experience in representing companies and industrial associations in the legislative process in the energy sector, an in-depth understanding of the EU decision-making process, and personal contacts with officials from all EU institutions, as well as a working knowledge of World Trade Organization rules that have considerable influence on the EU legislative process.
Global
International interest and investment in renewable energy is expanding exponentially. Crowell & Moring attorneys understand the unique challenges and issues that arise in investing in renewable energy overseas. Our attorneys speak over 35 languages and have worked with clients in countries around the world. With offices in New York, Washington, D.C., California, Alaska, Brussels, and London, and affiliated offices in Cairo and Riyadh, we provide a complete and seamless suite of services dedicated to assisting our clients with the challenges of international business.
Our Energy and Corporate attorneys have extensive experience in assisting clients in energy project development and implementation the world over, including Abu Dhabi, Argentina, Bangladesh, Barbados, Bolivia, Brazil, China, Equatorial Guinea, Egypt, Gabon, Guatemala, Libya, Mexico, Peru, the Philippines, Russia, and elsewhere. More specifically to renewable energy, we have advised clients on wind and hydroelectric projects in Mexico, biomass projects in Egypt and the Philippines, and a solar joint venture with global applications.
Our International Trade attorneys assist companies with the increasingly complex matrix of U.S. and international laws and regulations governing the movement of goods, technology, and services across national borders.
Our International Dispute practice has been recognized as "the largest arbitration outfit in Washington, DC" by Global Arbitration Review and has worked on a range of energy related matters, including international investment treaty disputes as well as international commercial arbitrations.
Our C&M International affiliate provides international trade and consulting services to renewable energy clients. C&M International's team of experienced former trade negotiators, economists, and political scientists — many of whom have served in the Executive branch and as senior congressional staff — are equipped to bring the issues of renewable energy companies to the attention of foreign capitals and the headquarters of international organizations across the globe.