Commercial and Structured Transactions

  • Negotiating long term contracts for US and international companies for the operation and service of floating production and storage assets
  • Structuring and negotiating domestic and international physical and financial commodities commercial transactions, including crude, products, natural gas, coal, RINs, RECs, metals and carbon credits in the United States, Latin America, the Caribbean and United Kingdom
  • Structuring and negotiating international transactions for the purchase and sale of commodity feedstock to support company assets, which includes the creation of hedging strategies and the negotiation of the agreements to implement such hedging strategies
  • Negotiating terms for domestic and international commodities infrastructure projects, including Eagle Ford drilling projects, terminal and pipeline projects in United States, Europe and Latin America
  • Negotiating domestic electricity purchase, sale and transmission contracts
  • Assisting, in both a legal and business capacity, in the development, creation and implementation of startup global natural gas, crude and product marketing and trading firm
  • Negotiating physical energy trading and commercial contracts, including waterborne, rail, truck and pipeline movements
  • Negotiating storage and transportation contracts for oil, oil products, natural gas and coal
  • Negotiating refining, processing, tolling and cleaning agreements for oil, oil products, natural gas and coal
  • Negotiating storage subleases, assignments and repos
  • Represent a trading firm in several repurchase agreements for the sale of crude oil accounts receivables
  • Representing the shareholders of an Oman exploration and production Company in the sale and swap of its shares
  • Advising upon and implemented a corporate restructure for an international commodities marketing and trading firm

In-House Experience

  • Assisted, in both legal and business capacity, in development, creation and implementation of start-up global natural gas, crude and products marketing and trading operations of an international oil and gas company
  • Assisted in the evaluation of the method by which the affiliates conducted royalty calculations, creating and executing the appropriate intercompany sale and purchase agreements, agency agreements, marketing agreements, and policies and procedures
  • Negotiated and provided broad assistance in global commercial transactions, including structured transactions involving storage, gathering, transportation (pipeline and waterborne), refining and processing and standard transactions requiring form documentation such as North American Energy Standards Board (NAESB), International Swaps and Derivatives Association (ISDA), Crude and Products General Terms and Conditions, Renewable Identification Number (RIN) Contracts, Parent Guarantees and Letters of Credit
  • Initiated and implemented major corporate consolidation, restructuring and asset sale to increase legal, regulatory and commercial benefit
  • Analyzed Commodities Futures Trading Commission (CFTC) rules and regulations, including Dodd-Frank regulations; developed comprehensive compliance plan
  • Assisted, in both legal and business capacity, in dispute resolution matters
  • Assisted in implementation and development of natural gas trade capture system (OpenLink Endur), including negotiation of all vendor contracts, development of business procedures and development of portfolio structure
  • Assisted in development of plan to submit compliance self-report to the Commodities Futures Trading Commission (CFTC) and the Federal Energy Regulatory Commission (FERC)
  • Developed and implemented regulatory compliance program, including development and delivery of training on Federal Energy Regulatory Commission (FERC) rules and regulations, Dodd-Frank regulations, including but not limited to Market Manipulation and Disruptive Trade Practices, and Antitrust training
  • Advised on antitrust, anti-corruption (including Foreign Corrupt Practices Act), anti-boycott and anti-money laundering matters
  • Provided legal support to the commodity trading businesses, including the negotiation of commercial contracts for its physical and financial natural gas, power, crude oil, products, metals, renewables and coal businesses across multiple jurisdictions
  • Handled arbitration and litigation for multiple matters in the various commodities businesses
  • Structured transactions for the various commodities businesses
  • Implemented comprehensive new-hire training program, including requirement of having a lawyer interview all prospective front office hires for possible compliance risks
  • Developed and implemented commodities marketing and trading risk assessment program
  • Implemented remote and after-hours trading policy, including mandatory five consecutive day vacation requirement for all front office personnel
  • Implemented comprehensive algorithmic trading surveillance system
  • Provided support to company policy and lobbyist groups, helping to shape the company's position on proposed energy trading regulation by explaining energy trading business and energy trading regulation
  • Responded to allegations of violations of rules, regulations, policies and procedures by evaluating applicable regulations, applying facts, recommending initiation of, and guidance through, the investigative procedures

Finance

  • Representing a US company in the restructure of its credit facility to finance its technology that converts fossil fuel cars, trucks and busses into electric cars, trucks and busses 
  • Representing a US company in a project finance credit facility for the construction and retrofitting of biodiesel facilities
  • Representing a US developer in its JV with a Chinese entity for the construction and finance of an LNG facility
  • Conducting due diligence for US and international companies for the purchase, sale, construction, finance and/or refinance of upstream, midstream and downstream commodity assets
  • Advising developers, sponsors, investors and governments in the negotiation and structure of financing for both domestic and international energy projects
  • Representing a large international oil and gas company in developing a form master participation agreement for trade finance with institutional banks
  • Representing a syndicate of banks in several trade finance facilities with a large South American pulp producer
  • Representing a trading firm in a repurchase agreement for the sale of crude oil accounts receivable from a South American national oil company

Regulatory

  • Advising upon and assisting with the settlement of CFTC, FERC and CARB self-reported regulatory violations
  • Advising upon the CFTC rules and regulations governing the purchase and sale of regional grain exchange, including the conduct of due diligence to ensure there are no regulatory issues in the purchase and sale
  • Advising upon the CFTC rules and regulations for reporting and position thresholds for a large state pension fund
  • Advised a retail electricity provider on the advertising regulations in Texas
  • Experienced in working with, and advising, petroleum industry clients on operating in the petroleum industry, including upstream matters such as compliance with Mineral Management Services (MMS), mid-stream matters and down-stream matters such as compliance with the Petroleum Marketing Practices Act (PMPA)
  • Training upon futures, options, commodities physical and derivatives trading and regulation
  • Developing Global regulatory compliance programs for energy trading (physical and financial), wholesale and retail
  • Advising international commodities marketing and trading companies on the practical application of OFAC sanctions and providing practical solutions to OFAC sanctions related issues

Commercial and Dispute Resolution

  • Negotiating settlements to commercial and contractual disputes, including arbitration proceedings
  • Advising international commodities marketing and trading companies in employment related disputes and disputes involving proprietary company information

Maritime

  • Assisting in the purchase, sale and reflag of commercial vessels in multiple jurisdictions, including Panama, Republic of Marshall Islands, Cayman Islands, U.S., Liberia, and Hong Kong
  • Drafting mortgages, trust indentures and other finance documentation for commercial fleets and recording such documentation with the relevant jurisdictions
  • Assisting in the refinance of a U.S. vessel and barge fleet
  • Assisting in the purchase and sale of personal use vessels, such as yachts