Restrictive covenants are unquestionably a significant deal consideration in M&A transactions. In the private equity context, a buyer is focused on restrictive covenants to protect its investment by binding the sellers and...more
5/15/2025
/ Confidentiality Agreements ,
Contract Terms ,
Due Diligence ,
Enforcement ,
Intellectual Property Protection ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Popular ,
Private Equity ,
Purchase Agreement ,
Restrictive Covenants ,
Severance Agreements
On September 22, 2022 the Biden-Harris administration announced a historic $7 billion funding opportunity to create regional clean hydrogen hubs (“H2Hubs”). One of the largest-ever public investments in clean hydrogen and in...more
10/14/2022
/ Biden Administration ,
Carbon Emissions ,
Department of Energy (DOE) ,
Draft Guidance ,
Energy Projects ,
Energy Sector ,
Funding ,
Hydrogen Power ,
Inflation Reduction Act (IRA) ,
Net Zero ,
Renewable Energy ,
Sustainability
On January 12, 2022, the newly formed Commission on Clean Heat held its first meeting. The Baker-Polito Administration formed the Commission on September 20, 2021 in order to bring the state closer to its goal to be net-zero...more
Starting in late February, over 2.7 million Texas households were left without energy and over 100 people died as a severe winter storm caused a series of rolling blackouts across Texas, drawing national attention to the...more
4/5/2021
/ Electricity ,
Energy Sector ,
FERC ,
Governor Abbott ,
Natural Gas ,
Power Grid ,
Power Outages ,
Renewable Energy ,
Severe Weather ,
Solar Energy ,
Texas
On January 19, 2021 the United States Court of Appeals for the District of Columbia Circuit (the “DC Circuit”) vacated the Affordable Clean Energy Rule (the “ACE Rule”), a policy instituted by the Environmental Protection...more
In a slip opinion issued on November 19, 2020, the United States Court of International Trade (“USCIT”) permitted the imposition of tariffs on bifacial solar panels, a victory for the Trump administration’s years-long effort...more
12/1/2020
/ Administrative Procedure Act ,
Biden Administration ,
Court of International Trade ,
International Trade Commission (ITC) ,
Presidential Proclamations ,
Renewable Energy ,
Solar Energy ,
Solar Panels ,
Tariffs ,
Trade Act of 1974 ,
Trump Administration ,
USTR
On September 17, 2020, the Federal Energy Regulatory Commission (“FERC”) issued Order No. 2222 (the “Order”) to allow for the greater participation of distributed energy resource (“DER”) aggregations in organized wholesale...more
A company may find itself in a position to sell for a variety of reasons: a sale may be necessary to continue its growth, a potential buyer made an offer too good to pass up, or the owners are simply looking towards their...more
7/22/2020
/ Board of Directors ,
Buy-In Agreements ,
Carve Out Provisions ,
Earn-Outs ,
Fiduciary Duty ,
Golden Parachutes ,
IRS ,
Preferred Stock Financing ,
Section 409A ,
Selling a Business ,
Shareholder Litigation ,
Shareholders
A petition filed in April by the New England Ratepayers Association (NERA) has requested that the Federal Energy Regulatory Commission (FERC) reassess its authority over retail solar sales, stating that the federal...more
7/9/2020
/ Comment Period ,
Energy Projects ,
Energy Sector ,
FERC ,
Public Comment ,
Public Utility ,
PURPA ,
Renewable Energy ,
Solar Energy ,
State Legislatures ,
Utilities Sector