Holland & Knight's Latin America Energy Group by Holland & Knight

Energy and Natural Resources (ENR)

LATIN AMERICA ENERGY GROUP With more than 20 years of experience in the region, Holland & Knight's Latin America Energy Group represents all types of companies in the oil and gas, mining and electric sectors, including local industry participants and state-owned entities. Our attorneys, based in Bogotá, Mexico City and several U.S. offices, have a keen understanding of the energy sector, including oil and gas, mining, electricity, liquefied natural gas (LNG), renewables and biofuels. Our team handles virtually every aspect of our clients' legal business concerns, including public contracts, project finance, mergers and acquisitions (M&A), corporate reorganization, financial restructurings, disputes, regulatory issues and environmental matters related to the energy sector. Our substantive background in key legal services includes:  advanced planning and definition of operational strategy to ensure timely project development and regulatory compliance  due diligence reviews and M&A implementation through strategic analysis of client interests and asset verification  environmental reviews before and during environmental licensing and permitting processes  proactive and reactive public consultation with diverse communities, including representation of interests where acquired rights and environmental modifications and claims can affect operational conditions  legal defense in environmental investigations and defense in class actions and constitutional proceedings  handling local and cross-border energy-related transactions, from initial structuring to execution  negotiating complex contracts and amendments with transnational companies as well as foreign governments  disputes involving project finance and development, power purchase agreements, environmental claims, claims involving indigenous communities, as well as coal, oil and natural gas pricing, production and royalty disputes  federal False Claims Act litigation involving energy production  contract drafting, preparation and negotiation

RENEWABLE ENERGY

Holland & Knight's energy lawyers join forces with lawyers in other practices throughout the firm – building the type of multidisciplinary teams often required to represent clients on energy-related matters. From navigating the complex worlds of capital infusion, technology licensure, tax and regulatory issues – to handling broad-based project management and the complexities of renewable and alternative energy transmission access and infrastructure – to addressing real estate, entitlements, land use and environmental needs, Holland & Knight lawyers are adept legal advocates and allies.

ENERGY INFRASTRUCTURE

We have broad experience advising on infrastructure project development and financing, including extensive experience in the development of hydrocarbons, renewables and electricity infrastructure. We also have substantial experience with public-private partnerships (P3s), toll roads and other infrastructure-related projects. Our partners and associates have taken active roles in various projects at the transactional stage and on litigation matters, representing developers and diverse government agencies, as well as banks and financial entities in all phases of project implementation and operation.

Energy and Natural Resources (ENR)

HYDROCARBONS TRANSPORTATION

The Latin America Energy Group has participated in the regulatory licensing of pipelines in Colombia and Mexico for both oil and gas transportation projects. We have also advised companies on complex issues pertaining to environmental licenses and prior public consultation in the Colombian market.

ENVIRONMENTAL

The team's experience in Latin America includes issues pertaining to climate change, compliance auditing and corporate governance, energy efficiency, environmental health and safety, environmental permit approvals, green building, litigation (including toxic torts), natural resources and sustainability issues.

REPRESENTATIVE MATTERS  

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Provided regulatory and environmental assistance to one of the largest generation companies in Colombia for its thermoelectric and hydroelectric power plant projects Represented eight bidders in Mexico's first long-term power auction, called by the National Center of Energy Control (CENACE), with 18 projects and a total installed capacity of 750 MW, representing over 10 percent of the final pre-qualified bidders Represented major oil and gas companies in compliance with environmental, operational and regulatory matters in Colombia Represented a global leader in wind energy development, based in San Diego, Calif., in the development of a 400 MW wind project located in the state of Tamaulipas, Mexico Prepared and counseled in the implementation of contracts for project development, including those relative to the acquisition of supplies and equipment, Engineering, Procurement and Construction agreements (EPCs), Balance of Plants (BOPs), Power Purchase Agreements (PPAs), administration and maintenance, among others Advised in the formalization of interconnection contracts, energy transmission, sales of surplus, backup energy, easements and rights of way, as well as installation and cession Provided representation in defense of a hydroelectricity project owned and operated by one of the biggest companies in Colombia Reviewed contractual conditions for supply of fuels and operations to a thermal generator Successfully defended against a tutela action against one of Colombia's largest mining companies for alleged environmental damage Represented several companies in due diligence processes for transactions in the region Represented one of the five largest oil pipelines in Colombia in regulatory matters and the strategic definition of applicable regulatory conditions Represented the developers of solar projects including a 50 MW facility in Sonora, a 40 MW facility in Chihuahua, a 30 MW facility in the Bajío Region and a 22 MW project in Zacatecas Represented oil, gas and electricity entities in a wide range of disputes and negotiations regarding infrastructure, public contracts and energy matters Represented a Mexican thermoelectric project developer in the development of a 1 GW thermoelectric plant Represented a Mexican developer in the financing, development and sale of a $160 million photovoltaic project with an installed capacity of 80 MW Represented a global energy company in a multibillion-dollar dispute pending in the courts of Ecuador that involves global parallel proceedings, including 1) an International Centre for Settlement of Investment Disputes (ICSID) arbitration pending in The Hague, Netherlands, 2) a Racketeer Influenced and Corrupt Organizations (RICO) Act action in the U.S. District Court for the Southern District of New York, and 3) a number of recognition and enforcement actions pending in various parts of the globe

Energy and Natural Resources (ENR)  

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Represented a global energy company in a licensing dispute with a South American entity concerning intellectual property issues subject to American Arbitration Association (AAA) arbitration Represented an oil and gas company against a consortium of five international companies in an International Chamber of Commerce (ICC) arbitration regarding the construction of a gas pipeline and a port facility in a transaction valued at $82 million Represented a foreign oil and gas company against another foreign oil and gas company in an ICC arbitration regarding the assignment of two oil-producing blocks in a transaction valued at $22 million Representing a Mexican oil trading company in International Centre for Dispute Resolution (ICDR) arbitration against its Mexican counterparty in claims involving a long-term liquefied petroleum gas (LPG) supply contract Represented a Colombian oil services company in a domestic arbitration concerning a well's collapse while reconditioning services were being provided on the well in a transaction valued at $4.5 million Represented a subsidiary of a Colombian oil company in an arbitration under the rules of the Bogotá Chamber of Commerce (CCB) regarding the construction of an oil pipeline in a transaction valued at $25 million Represented a Mexican oil trading company in ICDR, AAA and Society of Maritime Arbitrators arbitrations for claims involving damage or contamination of petroleum products sold or delivered primarily by U.S.based counterparties

CONTACT INFORMATION Juan Alcala

Partner Austin 512.954.6515 juan.alcala@hklaw.com

Carlos Ochoa

Partner Mexico City +52.55.3602.8012 carlos.ochoa@hklaw.com

José Vicente Zapata

Partner Bogotá +57.1.745.5940 jose.zapata@hklaw.com