DLA Piper Biofuels Slipsheet 2009
of 5
Transcript of DLA Piper Biofuels Slipsheet 2009
-
8/8/2019 DLA Piper Biofuels Slipsheet 2009
1/5
www.dlapiper.com DLA Piper llp(us
)
We are well positioned to assist biofuel companies
through our established and active energy practice,
through which we are experienced in representing both
industry leaders and start-ups, and through our strong
ties to key government agencies, through which we helpbiofuel companies capitalize on emerging legislation
and governmental initiatives favoring the renewable
energy sector.
Our lawyers have a solid background in many of
the regulatory issues that affect the biofuel industry.
Our Washington DC-based Government Affairs practice
(ranked one of the most high powered and high-prole
lobbying shops in the nations capital by The National
Law Journal) has substantial experience with
biofuelsparticularly biodiesel fueland has worked
on all of the legislation and federal regulations that applyto biodiesel, including representation before various
congressional committees (energy, tax and agriculture),
the Environmental Protection Agency, the Internal Revenue
Service, Customs and the Federal Trade Commission.
Our lawyers and consultants include former members of
congress, state governors, senior White House staff and
other elected ofcials, many of whom played key roles
in the development and restructuring of the laws shaping
regulation of the energy industry.
In addition, through our ofces in DC and in Brussels,
we have specic experience on the Renewable Energy
Directive and the Fuel Quality Directive, and we have
established contacts with the European Commission
and European Parliament in these areas.
Our experience includes
Representing Imperium Renewables in a series of
nancings, including a US $120m Series B nancing.
We also represented them in an S-1 ling (the IPO
was withdrawn) and in a 2008 recapitalization and
restructuring transaction.
Representing Kreido Biofuels, Inc. in the negotiation
of 3 leases for biofuel facility production and shipping,
including the use of docks and pipelines for water
shipments and the negotiation of supply and
production sales agreements, and in the sale of its
STT Technology, STT reactors and biodiesel production
plant equipment to Four Rivers BioEnergy, Inc.
biofuels
The commitment o the global community to reduce the worlds reliance on ossil
uels has resulted in a worldwide push to discover, manuacture and distribute viable
and efcient biouels. DLA Piper regularly helps biouel companies throughout the
world obtain fnancing, structure strategic alliances, negotiate supply and distribution
agreements, protect and license technology and carry out acquisitions and divestitures.
-
8/8/2019 DLA Piper Biofuels Slipsheet 2009
2/5
-
8/8/2019 DLA Piper Biofuels Slipsheet 2009
3/5
www.dlapiper.com DLA Piperllp
(us )
Representing Brasil Ecodiesel in connection with
a US $170 million 144A/Regulation S offering of
ordinary shares and American Depositary Shares.
Representing Pure Biofuels Corp., a Peruvian biodiesel
production and distribution company, in a series
of nancings by afliates of Plaineld Asset
Management totaling US $53 million; the proceeds
from the nancings are being used to complete
construction and development of two biodiesel plants
in Peru.
Representing the developer of a resource recovery
facility in Florida and Louisiana, using sugar cane
for the production of ethanol and power.
Representing a global European-based seed company,
which also produces and sells amylase-treated grain,
in negotiating a design and construction contract in the
US for a machine to deliver measured quantities of this
grain into existing ethanol production facilities.
Representing a bio-product supplier and the landlordof a bio-product renery in the Midwest in the
negotiation, preparation, execution and implementation
of a long-term lease and product supply agreement
from an afliate of the landlord; also coordinated
the environmental aspects and permitting; proposed
additional new construction for renery expansion
and modernization and tank storage areas; and new
dockage and US Coast Guard and Army Corps
of Engineers oversight approvals of same.
Representing a biofuel producer in a series on
transactions, including the negotiation and preparationof long-term leases of biofuel production facilities,
as well as the negotiation of a port access use and
agreement with a state economic development agency,
an access, use and storage facility license agreement
for a dock and transfer station and a supply agreement
for biofuels.
Representing a US developer in connection with
the development of three biodiesel projects in
Massachusetts and New York.
Representing a US trading company in establishing
an ethanol trading desk, including the creation
of standard templates for the purchase and sale
of ethanol both on a long-term and spot basis, analysis
of hedging techniques and transportation agreements.
Representing a global investment bank as sponsor in
connection with the development and project nancing
of three approximately 100 million gallon per year
ethanol production facilities in the US.
Representing Renova Energy, Inc., and two of
its subsidiaries, in their chapter 11 reorganization
proceedings in the United States Bankruptcy Court
for the District of Wyoming; the companies are part of
a complex ethanol production and distribution network
based in the Rocky Mountain Region of
the United States. Representing a developer of next-generation biofuels
in the review of competitor biofuel technology
patent portfolios.
Representing the Scripps Research Institute in
connection with intellectual property exclusively
licensed to biofuel company Sapphire Energy.
Representing Diversa (now Verenium Corporation),
which develops and commercializes cellulosic ethanol,
obtaining patents to their specialty enzymes and other
materials used currently in their industrial processing
and biofuels programs.
Representing AgriPower, Inc., a company that uses
biomass to produce clean energy and remove biomass
waste in an environmentally friendly manner, in their
intellectual property matters.
-
8/8/2019 DLA Piper Biofuels Slipsheet 2009
4/5
www.dlapiper.com DLA Piperllp
(us )
Representing a US energy company in a structured
nancing for the construction of a series of ethanol
production plants and related marine facilities in Brazil,
including work on a long-term off-take agreement.
Counseling Topell B.V., the worlds rst large scale
manufacturer of torreed pellets, on the land options
to be obtained for the construction of a bioethanol
facility and environmental law aspects.
Representing a company in connection with potential
patent infringement, patent opposition, breach of
condence and breach of contract claims against one
of the worlds largest oil and gas companies.
Representing Leysen N.V., a Belgium company, in
connection with its investment in a jatropha power
plant project in Thailand. The project includes setting
up power plant companies for blending oil from
jatrophas seeds for domestic sale and export and sale
and export of its residue of seeds after blending.
In addition, we are advising the client on obtaining apromotion license from the Thai Board of Investment,
corporate and tax structure of the project, and
regulatory issues with their day to day operation.
Representing a UK-based investor on the acquisition
of a portfolio of innovative biofuel and biotech
companies resident in Germany, the US, the UK,
Israel and Paraguay.
Advising on the creation of a joint venture between
an operator and a biofuel producer for the exploitation
of several new co-generation power plants in
Belgium. We also drafted and negotiated the biofuelsupply agreements.
Representing J&S Energy, part of the largest
independent importer of fuels to Poland, in connection
with tax incentives applicable to biofuels in Poland.
Representing BioMCN, a Dutch company
specializing in the production of bio-methanol,
in connection with the start-up of a new production
plant. The representation includes assisting the
managing directors regarding their relationship with
company shareholders and the supervisory board,
director liability issues and the nancing of the new
production plant.
Represented Abengoa Bioenerga, a major Spanish
leader in the production of biofuels, in connection
with the nancing, provided by a syndicate of banks,
for the construction of a bioethanol plant located
in the Netherlands.
Represented a US manufacturing subsidiary and its
parent Malaysian palm oil supplier in negotiation of
a lease with construction of a palm oil biofuel renery
and a supply agreement for a long-term supply
of palm oil.
Representing the developer of a bagasse facilityin Brazil.
Represented an ethanol company in multi-year
environmental regulatory issues involving prevention
of signicant deterioration in a rural attainment area,
Title V compliance, and engineering alterations
to create synthetic minor status.
-
8/8/2019 DLA Piper Biofuels Slipsheet 2009
5/5
www.dlapiper.com
About us
DLA Piper is an international legal practice with
lawyers across Asia, Europe, the Middle East and
the United States.
From the quality of our legal advice and business
insight to the efciency of our legal teams, we believe
that when it comes to the way we serve and interact
with our clients, everything matters.
for more informAtion
To learn more about DLA Piper, visit www.dlapiper.com
or contact:
r J. Gd
t +1 212 335 4736
DLA Piper is an international legal prac tice including DLA Piperllp(us) and its afliated entities. Note past results are not guarantees o uture results.
Each matter is individual and will be decided on its own acts. Attorney Adver tising. Copyright 2009 DLA Piperllp(us). All rights reserved. | APR09 | 011T_LET
