Energy Mergers and Acquisitions

Skadden is one of the very few large, corporate law firms with a significant energy practice (both transactional and regulatory), which complements our leading M&A experience. Our firm has been engaged in a broad range of energy-related transactions, including mergers and acquisitions, asset auctions, joint ventures, strategic alliances, corporate and project financings, and major energy project developments.

Skadden was awarded the 2021 Energy & Industrials Dealmaker of the Year (Middle Market) by The Deal and named one of Law360’s Energy Groups of the Year in 2022. Our corporate and energy attorneys represent a broad array of public and private companies, private equity firms, investment banks, governmental entities, infrastructure funds, commercial banks and other lenders, and other institutions and investors in the energy sector. We have handled numerous multibillion dollar transactions, including some of the most noteworthy U.S. electric and gas utility transactions over the last 20 years. We also have represented clients on a broad range of middle-market acquisitions, dispositions and financings.

We counsel a number of energy companies and utilities with respect to holding company reorganizations, restructurings, strategic evaluation of potential acquisitions and general defensive advice. We have vast experience structuring transactions to achieve business, tax and strategic objectives, performing extensive due diligence on key agreements, and advising the boards and senior management of our clients throughout the M&A and corporate finance processes.

Our attorneys have worked on numerous acquisitions and divestitures, both negotiated and unsolicited, and IPOs and financings for all types of energy assets and portfolios, including electric generation, transmission, and distribution assets and companies. In recent years, a primary area of focus has been renewable energy transactions, many of which have been structured to take advantage of tax credits and other governmental incentives designed to spur investment in renewable energy. This has led to our extensive involvement in the formation and divesture of yieldcos, funds and other renewable energy investment vehicles.

In addition to our premiere mergers and acquisitions experience, what sets us apart from our competitors is our distinguished regulatory practice. Skadden is a recognized leader in handling federal and state approvals for complex M&A transactions. The volume of deals we handle gives us keen insights on how to manage the interaction of the multiple agency approvals needed for many energy M&A transactions, including the Federal Energy Regulatory Commission (FERC), the United States Department of Justice (DOJ) and the Federal Trade Commission (FTC), as well as state approvals.

We counsel clients in the energy sector regarding the unique challenges presented by the application of global antitrust and competition laws to potential joint ventures, minority investments and other strategic collaborations. Skadden draws upon teams in multiple jurisdictions globally to provide appropriate subject matter advice and geographical coverage in complicated cross-jurisdictional/cross-border Energy M&A transactions.

Our offices outside the United States are staffed with both U.S. and local attorneys who represent U.S. as well as international clients in mergers, acquisitions, joint ventures, sovereign wealth fund investments and other transactions. Our clients also benefit from our U.S. regulatory practices, including significant experience dealing with the Committee on Foreign Investment in the United States (CFIUS).