Buchalter Nemer attorneys bring expertise to the firm’s Solar and Renewable Energy Practice from its many angles. The firm represents manufacturers, developers, operators and investors in this growing infrastructure area, thus our knowledge and experience spans corporate, real estate and tax transactions, financial structuring agreements, regulatory issues, intellectual property protection, construction law and dispute resolution. We guide our clients every step of the way, from advice in the early stages of project development and mapping out risk management strategies, through financing arrangements and project implementation. Some specific areas of representation in which the firm has been involved, follow:

Project Finance
Buchalter attorneys represent developers and investors who wish to acquire or sell interests in ongoing projects and passive investors seeking cash returns, investment tax credits, and depreciation benefits. We advise clients in all aspects of the financing, development and construction of solar energy projects including power purchase, energy sales, and hedging arrangements. Our lawyers have experience using a variety of financing sources and structures as well as production and investment tax credits.

Emerging Companies and Venture Capital
Buchalter Nemer attorneys bring a unique understanding to the challenges start-up and emerging companies face, from choice of jurisdiction, capital requirements and financing structure to solar power development compliance and potential exit strategies. We are expert at organizing, structuring and documenting all forms of agreements and transactions, including power purchase agreements and facility leases. We negotiate interconnection and transmission arrangements, and perform due diligence on projects of various scale.

Buchalter Nemer attorneys with expertise in construction and equipment procurement assist in negotiating and preparing agreements that align with other project and joint or special purpose venture commitments.

Taxes and Incentives
Our solar team includes attorneys in the firm’s Corporate, Real Estate and Tax Practice Groups who are able to structure deals and identify renewable energy credit and green certificate opportunities, and to assist in scaling and structuring projects so as to maximize utilization of state and federal programs, including environmental attributes, federal investment tax credits, utility incentives, and accelerated depreciation allowances.

We will also help you understand how your project might fit in with U.S. and international carbon credit regimes and find ways to make the most of your carbon assets in a segment of increasing importance across a variety of industries.

Intellectual Property Protection
Our Intellectual property attorneys have scientific as well as legal expertise enabling them to appropriately identify patent issues and carry out the patent prosecution process, as well as identify, secure and protect product branding (trademarks and trade dress), copyrights, trade secrets and other intellectual property assets.

Arbitration and Litigation
We team up with our clients In advance of disputes to identify potential trouble spots that could lead to litigation, advise on action to avoid it, and step in when litigation arises. We have in-depth experience and unwavering commitment representing clients in litigation, in the courts, before regulatory agencies and in arbitration.

Project Siting and Land Use
We advise our clients on the land use, siting and permitting aspects of solar projects, from prosecuting permit applications, including environmental compliance, to negotiating and documenting agreements for site rights. Buchalter’s Solar and Renewable Energy Practice is here to meet your needs in a vital business segment and to assist in the myriad challenges in a fast and ever changing regulatory and competitive environment.