Doing Business in the U.S.
SPE Applied Technology Workshop – Petroleum Economics: A New Era
MENA Contract and Commercial Management in Energy Conference
Seventh Meeting of the Working Group on Infrastructure Finance in Iraq
David J. Cynamon
Pillsbury has provided legal counsel to energy companies for more than 140 years—a legacy of industry experience that places us at the center of the global energy industry. We have advised on precedent-setting energy and infrastructure projects in 75 countries worldwide, offering clients a combination of geographic reach and legal and regulatory depth. In recent years, we have acted as a key advisor on some of the most complex energy projects in the Middle East.
With lawyers in top energy and financial markets like Houston, New York, London and Abu Dhabi, we advise on corporate, litigation and regulatory matters spanning the Middle East region. Pillsbury clients include sovereign and state-owned entities, global companies doing business in the region, and Middle East clients doing business around the world. Our experience in infrastructure development and finance, aviation finance, transportation finance, real estate transactions and Islamic finance further strengthens our firm’s value to clients active in the Middle East.
Our practice covers some of the most challenging matters arising in the Middle East, including:
- Advising on the regulatory structure for the licensing of nuclear power plants
- Advising a prominent national oil company on global LNG projects
- Representing a major Saudi engineering firm on joint venture agreements and commercial contracts
- Acting as underwriters’ counsel for the issuance of project debt supported by a multilateral institution
- Representing major Middle Eastern airlines in the purchase and financing of aircraft
- Representing a UAE sovereign wealth fund on real estate investment in the United States
- Negotiating water supply agreements for a large desalination facility
A Global Leader in Energy and Infrastructure Projects
Our practice spans the entire energy spectrum, from oil, gas and nuclear to solar, wind, biofuels and other clean technologies. We have long been principal counsel to a major U.S. integrated oil and gas company, issuer’s or underwriters’ counsel for more than 40 utilities worldwide, advisors to the Emirates Nuclear Energy Corporation (ENEC) and Qatar Petroleum, and lead counsel for countless independent power producers.
Our lawyers have a deep understanding of the complex commercial, joint venture, finance, restructuring and advance planning dispute resolution matters common to energy and infrastructure projects. We provide clients sophisticated advice on risk allocation and efficient structures for projects in the upstream and downstream energy sectors, as well as for toll roads, telecom, rail, airport expansion and other public-private partnership (PPP or P3) projects. We have earned 12 “Deal of the Year” awards since 2002 in the project sector and Asian-Counsel Magazine named Pillsbury “2008 Energy Law Firm of the Year” for the United Arab Emirates. Pillsbury is named one of the top energy firms in the world according to The Lawyer’s 2011 Transatlantic Elite.
Chambers ranks Pillsbury’s nuclear practice among the world's best for our representation of companies and governments around the globe. We recently teamed with ENEC in nearly every aspect of its US$20 billion contract to construct up to four 1,400MW nuclear plants, the largest nuclear power contract ever announced. Underpinning our transactional capabilities, we drive our clients’ efforts in government procurement, multiparty agreements, U.S. and international project finance transactions, joint ownership agreements for generation and transmission facilities, fuel procurement, export controls and nuclear liability/insurance issues. We have led the licensing of more power plants than any other firm, enabling our team to execute licensing matters with utmost efficiency.
Oil and Gas (including LNG)
The oil and gas industry has relied on Pillsbury’s counsel for decades and we are currently at the forefront of the global LNG market. We have been recognized for structural innovations on commercial and financial transactions, and for navigating the legal, credit and political risks that impact our clients’ most difficult projects. Our experience covers the entire oil and gas supply chain—upstream exploration and production, liquefaction, regasification, refineries, processing plants, transportation, pipelines, petrochemical projects and marketing.
International Arbitration and Dispute Resolution Experience
Pillsbury's international arbitration lawyers help clients achieve favorable resolutions to commercial disputes in the Middle East and in jurisdictions around the world. We have appeared before virtually every major international arbitration authority, including the ICC, the ICDR, LCIA and ICSID. Our experience includes representing governments, corporations, investors and others in disputes spanning energy and power projects, construction and infrastructure, defense industry procurement, intellectual property, environmental remediation, supplier-distributor disputes, and cross-border trade and commerce.
Pillsbury’s Litigation practice includes nearly 200 lawyers, providing extensive support and experience to our dispute resolution team in the Middle East.
Corporate & Securities
For over 150 years, Pillsbury has been an active leader in advising clients on a broad range of strategic corporate transactions. We advise on acquisitions, divestments and joint ventures, and our firm is internationally recognized as a leading advisor for a number of industry sectors. In the Middle East, Pillsbury advises multinational corporations on a broad range of business spanning the greater Middle East region. We also advise sovereign and state-owned entities, as well as major Middle Eastern businesses, on their global investments and international transactions all over the world.
Islamic Finance Capabilities
The Middle East is the epicenter of innovation in Islamic financing structures for a world market that is estimated at more than US$800 billion. Because of the importance of this practice to our clients, we work with top-tier Islamic finance counsel to provide Islamic law and Islamic finance experience coupled with Pillsbury’s full-service capabilities and global reach.
These arrangements allow us to advise institutional lenders, borrowers, developers and investors on commercially viable and Shari’ah-compliant finance, banking, capital markets, private equity, real estate and insurance solutions, using structures like Ijara, murabaha, mudaraba, takaful, musharaka, istisna’a, wakala and sukuk.
Unparalleled Transportation Finance Experience
Pillsbury’s Transportation Finance team is a leader in the field of structuring, negotiating and closing transactions for transportation assets, with particular emphasis on aircraft and other aviation equipment. Since 2000, Pillsbury’s lawyers have assisted clients in financing more than 600 aircraft, valued in excess of US$26 billion, and more than 200 aircraft engines, valued at more than US$1 billion. We have played important roles in all U.S., and many international, airline bankruptcies and restructurings, working closely with lawyers in our restructuring group on these matters. The team also has significant experience with railroad rolling stock, locomotives, ships, containers, vehicle fleets and other capital assets and has successfully negotiated and documented Ex-Im Bank-supported financings for equipment valued at more than US$4 billion.
Worldwide Real Estate Experience
Pillsbury’s lawyers represent clients in a diverse array of real estate matters encompassing acquisition, development, construction, financing (including conventional, structured and public finance), real estate capital, leasing, public-private partnerships, land use, zoning and environmental matters. We routinely handle complex construction and development projects that require an extraordinary degree of creativity and depth of experience. In serving a large international clientele, we regularly represent investors, institutional clients and others in a wide variety of projects, including the acquisition and disposition of commercial, retail and multi-family properties. We also aid in the financing and financial restructuring of real estate investments of all types, including large-scale public-private partnerships, and assist in the development and construction of a full range of real estate assets.
About Pillsbury's Abu Dhabi Office
Our Abu Dhabi-based lawyers focus primarily on energy and infrastructure projects and international arbitration and dispute resolution, as well as finance transactions involving various kinds of assets and structures. Their extensive experience with legal and litigation matters in the Middle East is complemented and enhanced by the firm's network of lawyers throughout the U.S. and in London, Tokyo and Shanghai. Our Abu Dhabi lawyers are well versed in the region's issues and opportunities and include a resident Emirati lawyer, native and English speakers and a Japanese-speaking, U.S. licensed corporate lawyer, all serving a wide variety of international clients and their Middle East affiliates. Lawyers in our Abu Dhabi office counsel governments, government departments and agencies, banks, financial institutions, and major domestic and multinational corporations based in, or doing business in, the Middle East. This combination of in-depth regional experience and the firm’s global reach allows us to counsel clients on virtually any area of the law.