Conventional and Alternative Energy

Historically, dirty non-renewable energy sources like coal, oil and gas, and other conventional fuels have powered America. Gould & Ratner has played a vital role over many decades as counselor and advisor to many such industry participants.

With the confluence of energy deregulation and recognition that climate change is a very real threat, energy companies must anticipate, plan for, and react to imbalances in supply and demand, unprecedented price swings, and political agendas. 

Additionally, entirely new participants in and means of production of energy have emerged. Wind, solar, and geothermal are but a few of the many ingenius alternatives to conventional sources. Unless conventional fossil fuel prices plummet in the near future, which no one expects, the trend is for an increase in market share for these alternatives

For decades, Gould & Ratner has represented clients in the coal, mineral, natural gas, and electric power industries – and now with the innovations in and economic feasiility of renewable fuel technology, we are representing leading edge solar, wind, and bio fuel companies.

Many of these clients retain us as their general counsel, where we provide a 360-degree holistic approach to dealing their business law needs, including:

• Entity Formation.  Advising on the selection of the right type of entity from a tax, growth, financing, management compensation, and ultimately exit standpoint.
• Financing.  Negotiating venture capital, senior secured through junior unsecured debt, leveraged buyouts, guarantees, leveraged and unleveraged leases, and private placements.
• Inter-Owner Relations.  Structuring agreements and handling dispute resolution among shareholders, members, and partners.
• Employment Law, Human Resources Consulting, and Training.  Structuring employment agreements, stock options, and other employee incentives, pension and profit sharing agreements, independent contractor agreements, hiring and termination issues, non-competition agreements, union issues, and supervisory and anti-harassment training.
• Structural and Organic Changes.  Negotiating mergers, acquisitions, joint ventures, strategic alliances, and divestitures of businesses.
• Third-Party Agreements.  Structuring contracts with customers, vendors, distributors, sales agents, licensees, and landlords.
• Protection of Valuable Intangible Assets.  Protecting trademarks and trade secrets, licensing of patents and trademarks, and computer software and franchising.
• Dispute Resolution.  Handling litigation, mediation, negotiation, and settlement of contested matters.
• Reorganizations.  Negotiating workouts, bankruptcies, and other types of reorganizations (from either a creditor or debtor position).

Coal, Natural Gas, and Electric Power

We have substantial experience in all aspects of coal and mineral mining; aggregate, sand and gravel operations; and mine safety regulation.  Our work includes land acquisitions and zoning, mergers and acquisitions, permitting and bonding, tax, environmental litigation, compliance and reclamation matters, and negotiation of vendor and supply contracts.  We have arbitrated numerous cases involving long-term coal supply agreements, represented clients before federal and state agencies on regulated matters, and litigated hundreds of occupational disease cases.  We have also negotiated over $100 million of buyouts and buydowns of fuel stock supply agreements with utilities. 

Gould & Ratner clients in the natural gas and electric power industries have retained us to represent them, in court and at arbitration, in disputes over natural gas supply contracts and electric power marketing agreements involving many millions of dollars. Our lawyers use their corporate, tax, real estate, environmental and litigation experience to serve the varied needs of clients and help them to compete effectively in these rapidly changing industries. 

Renewable Fuels

Gould & Ratner represents solar and wind power companies, as well as technology companies developing renewable biofuels.  We help start-up and growth companies obtain financing, structure contracts and agreements, purchase land, address tax issues, and handle disputes.  As an example, Gould & Ratner represents a west coast manufacturer of inverters that convert direct current from sunlight into alternating current which is then fed into local electric power grids.  We serve as general counsel for this client and have worked on U.S. and European sales agreements, domestic power supply agreements, employment contracts, capital raising, as well as commercial disputes.  We also represent a client operating a wind farm in Texas, which is a subsidiary of a Danish company.  Serving as U.S. counsel to these clients, we have advised on myriad contract issues, as well as financing matters.