Clean Tech

Clean tech has evolved from a movement into a market. As in most emerging markets, everyone wants to stake their claim. The problem is that few are prepared to seize this expanding opportunity. Clean tech’s evolution is not analogous to the growth of any other industry. Because it encompasses a growing portfolio of technologies and business plans, clean tech’s boundaries are nearly limitless – and so are the demands placed on new entrants. Haynes and Boone lawyers are working to help venture capital firms, private equity funds, emerging companies and others in the burgeoning clean tech industry join the movement.

Leading our effort is a career executive handpicked from the front lines. Paul Dickerson, who served as the Chief Operating Officer of the Department of Energy's Office of Energy Efficiency and Renewable Energy (EERE), serves as co-leader of the firm’s Clean Tech Practice Group. Paul was a founding partner of the practice upon returning to Haynes and Boone in 2008.

At EERE, Mr. Dickerson oversaw a $1.8 billion budget dedicated to strengthening America’s energy security, environmental quality and economic vitality. He helped develop strategy, priorities, policies and program initiatives, including the creation of EERE’s first-ever commercialization office to broker relations between entrepreneurs and the venture capital community.

Haynes and Boone’s multi-disciplinary Clean Tech Practice Group has developed a bedrock of experience in clean tech, from helping wind farm developers with permits to finding unique ways to fund the expansion of a solar energy company’s many projects. Our clients are commercial enterprises looking to leverage superior applied technology in the clean tech arena.

We proudly represent the DOE in project finance and other transactions that support the development of alternative energy sources. We have helped clean tech companies defend their intellectual property rights and even secured financing to help a company build a manure-fired ethanol plant.

Clean tech’s boundaries extend beyond traditional energy companies, and Haynes and Boone stands prepared to leverage its energy experience to help those in the industry who are looking to transition and take advantage of rapid changes in the marketplace. Many stalwart oil and gas companies are embracing clean technologies such as solar and wind power, creating opportunities for themselves and entrepreneurs new to the sector.

We also represent entrepreneurs in this nascent industry from idea all the way to product distribution and beyond. Our firm offers decades of legal experience in the fields of project finance, venture capital finance, intellectual property counseling and patents, mergers and acquisitions, technology transactions, real estate and environmental law.

Some of the ways we have supported our clients in the clean tech sector include:

• Represented Panda Ethanol throughout the development, as sole counsel, and in the final project financing as co-counsel in a complex $188 million debt financing of its 100 million gallon-per-year ethanol facility employing novel technology in Hereford, Texas.
• Counseled Clear Skies Solar, Inc. in the issuance and sale of $8 million in common stock. Proceeds from that private placement were used to fund the expansion of the business and establish the client's presence in the international solar energy market.
• Operating Advisor to private equity fund Pegasus Capital Advisors and its portfolio companies.
• Advisor to senior management of Algenol Biofuels, which creates technology to produce industrial-scale, low cost ethanol using algae, sunlight, CO₂ and seawater.
• Represent the U.S. Department of Energy (DOE) in project finance and other transactions that support the development of alternative sources of energy. For more information, see Department of Energy Taps Haynes and Boone For Alternative Energy Finance Transactions.
• Served as lead counsel to the sponsor in the development of wind farms in Hawaii and Texas.
• Counseled a wind energy company as to its options for extending the term of an Interconnection and Operating Agreement with the Midwest Independent Transmission System Operator, Inc.
• Obtained a certificate of public convenience and necessity from the Maryland Public Service Commission (Case No. 8939) to construct and operate a 40MW wind energy facility to be located in Allegany and Garrett Counties, Maryland.
• Counseled Akeena Solar, Inc. in the issuance and sale of an aggregate of $19.2 million of common stock.
• Represented Airgenerate Inc., maker of an energy-efficient water heating system that converts “air energy” to heat water for homes and businesses, in a transactional matter.
• Advised clients involved in tax matters for alternative energy plays such as wind, solar and biofuels.
• Helped clients develop renewable energy credits programs including the purchase and sale of renewable energy credits.
• Represented clients in project development for geothermal, wind, solar, hydro and biomass facilities.
• Representation of alternative energy broker dealer in formation. 
• Representation of alternative energy private equity funds in formation. 
• Representation of alternative energy client in capital raising activities. 
• Patent prosecution, counseling and licensing experience relating to syngas/biofuels for a Florida company.
• Counseled a U.S. territorial government on patent issues surrounding ethanol wastewater recycling. 
• Counseled domestic energy company on patent clearance for reactor equipment. 
• Counseled international company on trade secret issues in connection with steam generator design. 
• Ongoing trade secret litigation for a domestic manufacturer of sorbent technology to remove mercury from coal power plants. 
• Assist international clean coal gasification enterprise to secure patent protection.