Case Studies

Energy and Utilities Matters

  • Arbitrated breach of contract claims by the seller of a Membership Interest Purchase Agreement against the buyer regarding the development of a solar energy generating facility.
  • Mediated dispute between parties in a solar energy development involving multiple breaches of contract involving a Membership Interest Purchase Agreement relating to a number of solar project development companies.
  • Arbitrated claim brought by solar energy customer regarding effectiveness of solar power battery system and inverter.
  • Arbitrated a dispute between a solar power plant developer and a solar power plant producer over pricing terms on thirty Membership Interest Purchase Agreement projects and whether the developer would become the EPC contractor on several projects.
  • Mediated construction contract dispute involving terminated contract for installation of solar roof on industrial facility, and disputes regarding compensable labor and materials termination charges incurred by construction company.
  • Arbitrated a dispute between a solar panel manufacturer/distributor and solar power plant construction firm over penalty payments for delayed deliveries.
  • Arbitrated two separate payment disputes between solar project development companies and builder/operator solar companies that sell electricity to the local electric utility. These disputes arose from completion and pricing issues in Membership Interest Purchase Agreements in which the builder/operators acquire the solar projects after interconnection agreements have been finalized with the local electric utility.
  • Arbitrated a dispute between a Dealer and a Supplier concerning a channel partner agreement whereby the Dealer would generate solar installation contracts in a defined territory and provide them to the Supplier for installation, in exchange for a commission. The dispute focused on alleged violation of exclusive dealing and non-solicitation agreements by the Dealer leading to the Supplier withholding commissions payable to the Dealer.
  • Handled a breach of contract and fraud matter between a U.S. subsidiary of a Chinese solar panel manufacturer and an infrastructure lender relating to the development, construction and sale of two solar power plants for $18 million, with the dispute focused on the validity and meaning of a post purchase price adjustment formula tied to Libor.
  • Handled several breach of contract claims involving several solar panel manufacturers relating to solar power plant projects around the United States that had been terminated or otherwise not completed for a variety of reasons, with competing claims.
  • Handled a matter concerning to the final contract price of a solar power project transaction, with allegations regarding various product defects in the solar panels.
  • Handled a matter involving improper payments by silicone foam subcontractors to employees of an electrical contractor during nuclear power plant construction.
  • Handled a matter involving improper payments by subcontractors to officers of a fire protection system contractor during nuclear power plant construction.
  • Handled a matter involving improper payments provided to a power company deputy business manager by an electrical contractor and one of its officers during nuclear power plant construction.
  • Handled a Sherman § 1 antitrust matter relating to a bid-rigging conspiracy among electrical contractors on multiple nuclear power plants during construction.​
  • Handled a bondholder class action securities matter involving an electric utility and the indenture trustee of first mortgage bonds on a nuclear power plant complex arising out of the redemption of the bonds at par value which the bondholders claimed should have been redeemed at a premium.
  • Handled a coal supply contract dispute between the four co-owners of a coal fired electric power plant and a coal company concerning includable costs in a coal supply agreement arising from a large coal mine.

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