Baird Fogel, Partner San Francisco
bfogel@crowell.com
Phone: +1 415.365.7232
275 Battery Street, 23rd Floor
San Francisco, CA 94111-3305

Baird Fogel is a partner in Crowell & Moring's San Francisco office and a member of the firm's Corporate and Energy groups. A global transactional and energy attorney, Baird advises national and international clients in the areas of mergers and acquisitions, asset, interest and stock sales, supply agreements, contract negotiations, international project finance, project development, project construction, commercial law, commercial settlements, compliance, corporate governance, and general corporate law. He has extensive experience working in all facets of the global solar industry, including manufacturing, supply chain, distribution, construction, residential, commercial, small-scale utility, large-scale utility, government relations, and investment and finance. Baird has worked with clients on transactions and energy projects across the U.S., Europe, China and India, South America, and Africa.

Prior to his most recent role in private practice, Baird served as the general counsel of BP Solar International – at the time the largest and most established solar company in the world. In that position, in addition to managing all legal matters for the company, Baird developed and implemented strategy for the development of solar projects, module manufacturing, and module sales in Europe, India, China, Latin America and the U.S. Prior to joining BP, Baird served as general counsel to a global subsidiary of GE Transportation. In that role, he directly supervised all legal matters for the company's global signaling unit, including managing international legal teams and litigation, establishing joint ventures, developing and constructing infrastructure projects and advising on supply chain and manufacturing issues. The GE Global Signaling unit specialized in the construction, implementation, and sale of signaling and safety systems for rail and transit systems in India, China, Europe, South America, Canada, and the U.S. He was the chief compliance and ethics officer at both subsidiaries for GE and BP. 

Baird received his B.A. from Vanderbilt University and earned his J.D. from the University of Missouri, Kansas City. While at GE, he received his Six Sigma Certification (Green Belt).

Representative Engagements

  • Represented a developer in the development and negotiation with various lenders on project finance and tax opinions, review of project-related documentation (EPC, O&M and subcontracts) and general advice for the building of solar car ports at school and casino locations in the U.S.
  • Represented an international solar company in the negotiation of various Virtual Net Metering Program agreements and the construction of rooftop and carport solar arrays with large commercial property owners
  • Represented a global construction company in the negotiation of joint venture relationships and service agreements for the provision of energy storage and water conservation services to various Department of Defense military housing projects
  • Represented an international solar company in the sale of solar assets in Peru.
  • Represented a developer in connection with the development and sale of a 5 MW solar project in Hawaii.
  • Represented a solar module supplier in the establishment of a national sales program for solar modules in the U.S.
  • Represented Signature Group Holdings, Inc. in its acquisition of the world’s largest aluminum recycling business.
  • Represented the Los Angeles Clippers in its transition to new ownership following the suspension of owner Donald Sterling by the NBA
  • Represented a solar developer in connection with EPC contracts, negotiating all real property and development documents and also providing assistance on the eventual sale of the project company to a buyer in North Carolina, Vermont, Texas, and Georgia. 
  • Represented BP Solar in all commercial transactions with various customers, including negotiating and drafting PPA, EPC and O&M Agreements and conducting financing negotiations with various banks.
  • Represented BP Solar in the winning bid for the development and construction for the Solar Flagship Project in Australia.
  • Represented BP Solar in various utility-scale projects in North America, Latin America, Germany, Italy, Australia, Spain, and China.
  • Represented BP Solar in the development and construction of the 32 MW solar project- Long Island Solar Farm.
  • Represented BP Solar in the sale of solar manufacturing equipment and intellectual property in the U.S., Spain, China, and Australia.
  • Represented GE in the construction, signaling, and establishment of the world's highest rail line between Beijing, China and Lhasa, Tibet.
  • Represented GE in transportation contracts and project bids in North America, India, Russia, China, Latin America, and Western Europe.
  • Represented GE in the sale of a rail crossing installation and repair company to a subsidiary of Caterpillar, Inc.
  • Represented a major movie theater chain in theatre acquisitions in Canada and the U.S., as well as gift card transactions with several retailers.
  • Represented a major movie theater chain in theater contracts with several movie producers.
  • Represented a national telecom company in tax-free FCC spectrum license exchanges between wireless carriers.
  • Represented a major U.S.-based corporation in the purchase of foreign subsidiaries in Germany and Austria and in negotiations with the U.S. Department of Commerce regarding foreign subsidiaries doing business with persons in Iran and Syria.

In 2012, Baird was recognized in The International Who's Who of Project Finance Lawyers for his accomplishments. In 2015, Baird was recognized by Corporate America News- Legal Elite as one of the best Energy Attorneys in California.



Affiliations

Admitted to practice: California, Missouri


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