Representative Experience

Sustainable Commodities (Fuels, Electricity, Carbon, Hydrogen) and Digital Assets

• Assisted a public company in developing and bringing to market a sustainable fuels program (biodiesel and renewable diesel), and in structuring the program from a legal and regulatory perspective to market and sell the fuels and corresponding environmental attributes.*
• Assisted a global oil and gas company in developing sustainable natural gas products, including biofuels and carbon-capture technologies, and in structuring a program to sell those products and corresponding environmental attributes.*
• Assisted major airlines in structuring and negotiating sustainable aviation fuel and e-jet fuel transactions, including negotiating the supply, blending, and distribution of conventional fuels, both bundled and unbundled with environmental attributes.*
• Developed and drafted methane abatement and crude oil-related voluntary carbon market methodologies for multiple oil and gas producers and operators, and developed the structure and documentation for analog and digitized registries.*
• Developed credit facility documentation for digital assets, including commodities, securities, investment funds, commodity pools, stablecoins, and currencies, to accommodate UCC Articles 12, 8, and 9 treatment for multiple U.S. institutional banks.*
• Assisted a global public logistics company in structuring and developing its fuel procurement program to include sustainable fuels and other sustainability‑related aspects of its supply chain, as well as a program to offer such sustainable logistics solutions to its customers.*
• Assisted a large international bank in developing a carbon credit standard and program that incentivized regenerative farming across multiple jurisdictions, generating greenhouse gas reductions that were commoditized as carbon credits and were bought, sold, and retired through the bank’s online registry and trading portal.*
• Assisted a public company in creating climate and sustainability products tied to emission reduction credits, carbon sinks, and investments in carbon product development, including launching an online trading hub and drafting its terms and conditions, onboarding policies, and procedures.*
• Assisted a broker-dealer in developing rules, contract templates, and policies and procedures to establish an emission-reduction registry and tokenize emission reductions for trading on a swap execution facility, including support for the facility’s creation and application process.*
• Assisted in developing an emission reduction methodology for a consortium of rice farmers in Asia and Africa, including structuring and documenting agreements among consortium participants.*
• Assisted an investment bank in establishing a carbon credit marketing desk, including preparing documentation to procure supply, deliver credits, and market carbon credits.*
• Served as lead counsel on the financing of a carbon reduction project across multiple African jurisdictions to support the purchase of marketable carbon credits.*
• Coordinated advice across the U.S., the EU, the UK, Australia, Chile, and other jurisdictions regarding the regulation, generation, verification, and marketing of forest carbon sequestration offset credits.*
• Structured carbon streaming and prepay financing for carbon credit projects.*
• Established the corporate structure for a U.S. carbon business and advised on the financing, purchase, and sale of verified and regulated carbon credits in the U.S., including verified carbon units (VCUs).*
• Established commodities businesses in Canada to support the financing, purchase, and sale of VCUs.*
• Advised on the development, verification, certification, and trading of carbon and environmental commodities, including VCUs, renewable energy credits (RECs), renewable identification numbers (RINs), and Low Carbon Fuel Standard (LCFS) credits.*
• Represented developers of 13,100 kg/day hydrogen facilities in California, Rotterdam, the Netherlands, and Antwerp, Belgium, in connection with development, offtake, financing, and operational matters.*
• Represented the developer of a 36,300 kg/day hydrogen facility in Southern California in connection with development, offtake, financing, and operational matters.*

Metals

• Advised on the divestiture of a precious metals trading and automotive catalyst recycling and coating business from a global chemicals and metals company.*
• Advised a global precious metals company on commodities regulation, trading, commercial transactions, and financing matters.*
• Advised on the creation of a green metals business, including discussions regarding digitization and tokenization of green metals and related sustainable assets.*
• Advised a global metals company on compliance responsibilities related to state and federal investigations, including document production, negotiations with investigators, and coordination of witness interviews and onsite examinations.*
• Advised and assisted with legal and regulatory matters to establish a precious and base metals trading business in China.*
• Developed and advised on the business, legal, and regulatory matters required to establish a global battery materials business.*

Energy, Oil, Gas, Commercial, and Structured Transactions

• Advised multiple NYC building owners on compliance with Local Law 97 (LL97) and structured and negotiated related agreements for such building owners to procure sustainable supplies, retrofit building infrastructure to meet NYC sustainability requirements, and implement sustainable power and heating systems.*
• Structured a program and transactional agreements to create carbon sequestration assets from a biofuels facility, designed to be purchased and used as offtake to support financing for the facility.*
• Negotiated long‑term contracts for U.S. and international companies regarding the operation and servicing of floating production and storage assets.*
• Structured and negotiated domestic and international physical and financial commodities transactions involving crude oil, refined products, natural gas, coal, metals, and environmental commodities across the U.S., Latin America, the Caribbean, and the UK.*
• Structured and negotiated international commodity feedstock purchase and sale transactions supporting company assets, including developing hedging strategies and negotiating the agreements used to implement those strategies.*
• Negotiated terms for commodities infrastructure projects, including Eagle Ford drilling projects and terminal and pipeline projects in the U.S., Europe, and Latin America.*
• Assisted, in both legal and business capacities, in the development and launch of a startup global natural gas, crude, and products marketing and trading firm.*
• Negotiated physical energy trading, logistics, storage, transportation, and processing agreements across oil, refined products, natural gas, renewable natural gas, biodiesel, coal, and related commodities.*
• Represented shareholders of an Oman exploration and production company in the sale and swap of company shares.*
• Advised on and implemented a corporate restructuring for an international commodities marketing and trading firm.*

Finance

• Assisted a large global oil and gas company in developing its commentary to the U.S. government on the proposed Section 45Z tax credit regulations.*
• Represented a U.S. company in restructuring a credit facility financing technology to convert fossil fuel cars, trucks, and buses into electric vehicles.*
• Represented a U.S. company in a project finance credit facility supporting the construction and retrofitting of biodiesel facilities.*
• Represented a U.S. developer in a joint venture with a Chinese entity for the construction and financing of a liquefied natural gas (LNG) facility.*
• Conducted due diligence for U.S. and international companies in connection with the purchase, sale, construction, financing, and refinancing of upstream, midstream, and downstream commodity assets.*
• Advised developers, sponsors, investors, and governments on negotiating and structuring financing for domestic and international energy projects.*
• Represented a large international oil and gas company in developing a form master participation agreement for trade finance with institutional banks.*
• Represented a syndicate of banks in multiple trade finance facilities with a South American pulp producer.*
• Represented a trading firm in a repurchase agreement involving the sale of crude oil accounts receivable from a South American national oil company.*

Regulatory

• Advised on swap execution facility (SEF) regulations in connection with establishing a sustainable derivatives SEF.*
• Advised on U.S. regulatory requirements for a virtual power purchase agreement and the sale of renewable energy credits for a UK power project.*
• Advised on and assisted with the settlement of self‑reported regulatory violations involving the Commodity Futures Trading Commission (CFTC), Federal Energy Regulatory Commission (FERC), and the California Air Resources Board (CARB).*
• Developed global regulatory compliance programs for physical and financial energy trading, including wholesale and retail activities.*
• Advised international commodities marketing and trading companies on the practical application of Office of Foreign Assets Control (OFAC) sanctions and related risk mitigation strategies.*

Commercial and Dispute Resolution

• Advised on settlements of a commercial dispute involving environmental attributes, tax credits, and the related power (renewable/conventional) and fuel (renewable/sustainable/conventional) supplies.*
• Negotiated settlements of commercial and contractual disputes, including arbitration proceedings.*
• Advised international commodities marketing and trading companies in employment‑related disputes and disputes involving proprietary company information.*

Maritime

• Assisted with the purchase, sale, reflagging, and financing of commercial vessels across multiple jurisdictions, including Panama, the Republic of the Marshall Islands, the Cayman Islands, the U.S., Liberia, and Hong Kong.*
• Assisted in refinancing a U.S. vessel and barge fleet.*

*Matters handled prior to joining Foley.