For businesses engaged in research and development, production, refinery operations, and brokerage, McGlinchey attorneys represent researchers, start-ups, investors, and established entities in:

Corporate governance and transactional advice from project development to operations, including:

• mergers and acquisitions
• developing private-equity-backed projects in connection with corporate and commercial finance matters, securities issuances, investor relations
• advising on corporate and business strategy
• contract negotiation and contractual issues, ranging from architecture to construction to vendor contracts and negotiations with municipalities
• structuring and negotiating multi-year off-take and power purchase agreements
• Louisiana and Texas oil well lien acts
• identification of incentives and subsidies to make cutting-edge technology projects more profitable
• development of creative strategies in order to help clients save money

Real estate and landowner issues, such as:

• coordination of real estate acquisitions or leases, including leasing for chemical manufacturing and fabrication facilities
• commercial financing in both the “traditional” energy space and with new energy sectors
• financing energy efficiency and renewable energy improvements on private property through the Dept. of Energy’s Property Assessed Clean Energy (PACE) program
• mineral rights and right-of-way access
• zoning, deed restrictions, ownership, servitude, and leasing issues for wind and solar equipment
• royalty issues and issuing title opinions

Workforce and employment guidance pertaining to:

• developing HR policies, procedures, and documentation
• union negotiation and National Labor Relations Board (NLRB) relations
• employment-related matters ranging from lost wages to employee injury under Occupational Safety and Health Administration (OSHA), worker’s compensation, the Outer Continental Shelf Lands Act (OCSLA), and Admiralty law

Litigation and disputes surrounding:

• products liability, toxic exposure, and hearing loss claims
• environmental disputes and personal injury defense arising from onshore and offshore projects
• environmental damages resulting from “legacy” oil and gas suits
• intellectual property disputes
• down-hole litigation related to oil and gas drilling, including claims of failure to act as a prudent operator, improper casing, etc.
• pipeline servitude litigation
• ports in litigation regarding liquefied natural gas plants
• commercial disputes pertaining to the rights of royalty interest holders under the Outer Continental Shelf (OCS) Deep Water Royalty Relief Act (DWRRA)

Extensive experience dealing with insolvency, financial restructuring, and bankruptcy in the energy space, including onshore and offshore, on behalf of lenders and lessors

Preserving and protecting intellectual property rights related to power generation, green chemistry, information technology, novel oil & gas exploration and production technologies, and others, along with a chemical patent practice that includes experience across a wide variety of chemical arts, including novel chemicals and solid-state materials useful in energy storage systems

Advising on cybersecurity and data privacy issues, including current and evolving best practices, ongoing compliance with federal and state regulatory regimes, and responding to and managing data breaches, cyber-attacks, natural disasters, and emergencies

Maritime activities from traditional oil and gas to offshore wind and solar projects, from supply boats and servicing oil rigs to buying, selling, financing, and constructing offshore exploration vessels and equipment

Federal, state, and local tax credits and incentives, including Industrial Enterprise Zone tax credits, the mitigation of solar tax credits, low income, historic, and new markets credits (NMTC)

Interfacing with government agencies, administrators, and elected officials in activities ranging from developing legislation, identifying opportunities for subsidies and tax incentives, administrative rulemaking, representation in internal executive branch investigations and enforcement actions, and other lobbying and government relations services

Compliance with federal and state environmental regulations

Pipeline issues, including the acquisition and location of pipeline servitudes and pipeline servitude litigation related to location, existence, prescription for non-use, violations of the servitude, and damages to landowner property

McGlinchey attorneys have a particularly deep and broad experience supporting financial institutions. In the energy industry, we advise and represent clients in matters including:

• financing retail and consumer energy-efficiency home and business improvement projects
  • in compliance with HMDA (Home Mortgage Disclosure Act), CRA (Community Reinvestment Act), consumer finance regulatory requirements, state licensing requirements, and other applicable regulations
  • structuring financing programs for equipment such as solar panels
  • home secured, equipment secured, Uniform Commercial Code (UCC) secured, or unsecured projects
• financing alternative energy vehicles
• consumer-facing collection, credit reporting, and communications matters
• developing bank partnership models
• insolvency, financial restructuring, and bankruptcy issues related to off-shore and on-shore projects, including Louisiana and Texas oil well liens