Overview

John J. Klusaritz is a partner and business lawyer with Foley & Lardner LLP where he primarily represents clients in mergers and acquisitions, finance transactions, joint ventures and related complex commercial transactions. He is a member of the firm’s Transactional & Securities Practice as well as the Energy Industry Team.

A substantial portion of Mr. Klusaritz's clients are in the energy and telecommunications industries. Mr. Klusaritz has worked with clients in these industries for most of his legal career and has significant experience with the legal and business issues unique to these industries. Mr. Klusaritz also has significant relationships with investment banks, private equity funds, and other financial institutions that are involved in financing and merger transactions in the energy and telecommunications industries.

In the energy industry, Mr. Klusaritz has represented large electric utilities, private equity funds, financial institutions, project developers and gas pipeline companies in a wide range of financings, mergers and acquisitions, and development transactions. These include acquisitions, dispositions, joint ventures and other complex commercial arrangements relating to conventional power generation, hydroelectric power, renewable energy (including solar, wind and biomass), transmission, midstream, local gas distribution and gas pipelines. In connection with the foregoing, Mr. Klusaritz has provided legal representation in the acquisition of transmission assets, joint ventures regarding the acquisition of transmission assets, and several substantial joint venture and/or alliance transactions involving the development or acquisition of electric transmission systems. 

Mr. Klusaritz has represented companies operating in virtually every sector of the communications and related technology industries, including unified communications providers, cloud services providers, other telecom service providers, technology developers and private equity funds.

Mr. Klusaritz also represents clients in other industries in mergers, acquisitions and dispositions, including technology companies and entities whose primary business is contracting with the Federal government. 

Affiliations

From 1985 to 1995, while continuing in private practice, Mr. Klusaritz was an adjunct professor at Georgetown University Law Center, where he taught courses in business planning and corporate transactions.

Recognition

The Legal 500 recognized Mr. Klusaritz for his work in the area of mergers & acquisitions.

Education

Mr. Klusaritz earned his law degree from Harvard Law School (J.D., cum laude, 1981) and his bachelor’s degree from Lehigh University (B.S., summa cum laude, 1978).

Admissions

He is admitted to practice in the District of Columbia.

Recent Selective Representations

Energy, Project Finance, Infrastructure:

  • Represented Pacific Gas and Electric Company in negotiation and formation of alliance with Transcanyon, LLC (a joint venture of Berkshire Hathaway Energy and Pinnacle West Capital) to jointly pursue competitive transmission projects in CAISO.
  • Represented Ares Management private equity funds in sale of energy projects in North and South Carolina to New Energy Capital.
  • Represented Ares Management private equity funds in sale of energy projects in Midwest United States to Eagle Creek Renewable Energy.
  • Represented Ares Management private equity funds and Northbrook Power in sale of hydroelectric projects located near the Allegheny River in Western Pennsylvania to Public Sector Pension Investment Board, Canadian pension group.
  • Represented joint venture (of developer and private equity funds) in various energy storage projects in California.
  • Represented independent power project development in joint venture regarding development of power projects in California.
  • Represented KDC Agribusiness, New Jersey based developer of facilities utilizing new clean technology for the conversion of food waste into organic fertilizer and animal feed, in a series of joint ventures and equity financing transactions.
  • Represented Fuel Cell Energy, Connecticut based public company involved in manufacture and development of fuel cell powered energy projects, in financing transaction with Hercules Capital.
  • Represented Ares Management private equity funds in sale of MoGas Pipeline (Illinois and Missouri natural gas pipeline company) to CorEnergy Infrastructure Trust, publicly traded REIT.
  • Represented Pacific Gas & Electric Company in joint ownership, development and construction transaction with Berkshire Hathaway and Citizens Energy Corporation regarding the Central Valley Power Connect transmission system in Northern California.
  • Represented Energy Investors Funds, private equity group, in acquisition of various hydroelectric companies (and projects) in Northeast United States.
  • Represented various independent power producers in connection with equity financings of various conventional and renewable power facilities located throughout the State of California.
  • Represented Atlantic Grid Development Company in financing joint venture with Google, Marubeni Power and Good Energies regarding the financing, construction and ownership of Atlantic Wind Connection—multi segment $16 billion transmission system to be located off the coast of Middle Atlantic States.
  • Represented various private equity funds in auction bids to acquire transmission assets including Neptune and Path 15.
  • Represented various private equity funds in auction bids to acquire companies (and/or energy projects) including: (i) to acquire the 1,600 MW Midland Cogeneration Facility in Midland, Michigan; (ii) to acquire approximately 2,800 MW of gas fired power projects located in the State of George; (iii) to acquire hydroelectric company (and related projects) in upstate New York; (iv) to acquire entity owning approximately 1,128 MW of power projects located throughout the United States; and (v) to acquire entity owning approximate 150 MW power facility in New Mexico;
  • Represented power producer and operating company in acquisition of hydroelectric company in Arkansas.
  • Represented developer of fuel cell projects in various joint venture transactions with institutional partners.
  • Represent Eurogrid International (joint venture of Belgium transmission entity, Elia, and IFM Investors) in connection with its equity interest in Atlantic Wind Connection transmission system.
  • Represented entity in joint venture transaction to acquire power companies utilizing Marcellus gas in West Virginia and Pennsylvania.
  • Represented private equity group transaction to acquire company engaged in solar energy business in Middle Atlantic States.
  • Represented Trans-Elect, independent transmission company, in sales of equity interests to various private equity groups.
  • Represented private equity fund in joint venture to acquire company owning and operating series of bio mass power projects in North Carolina. 
     

Telecom, Media and Related Technology:

  • Represented iCore Networks, unified communications and cloud provider, in merger with Vonage.
  • Represented MISO3, SAAS platform provider, in financing transaction.
  • Represented Pingtone Communications, provider of cloud services, in sale to Fusion Telecommunications International. 
  • Represented Tech Valley Communications (renamed First Light Fiber), Albany based telecommunications provider, in sale to Riverside Partners, private equity fund. 
  • Represented One Source Communications, Texas based telecom services provider, in equity financing transaction with Abry private equity fund. 
  • Represented Contact Networks Inc., d/b/a Inline, Alabama and Mississippi based telecom provider, in sale to PEG Bandwidth LLC, affiliate of Associated Partners private equity group. 
  • Represented El Paso Energy and Genesis private equity fund in sale of Alpheus Communications (fiber company) to Gores private equity group. 
  • Represent provider of cloud services based in Houston, Texas in transaction with private equity fund. 
  • Represented Swisscom, Swiss telecommunications provider, in sale of telecom company based in the United States to private equity group. 
  • Represent company engaged in bandwidth and capacity management in series of equity financings.

Other Industries:

  • Represented group of private investors in acquisition of company engaged primarily in contracting with U.S. Navy.
  • Represented The Bernstein Companies, Washington DC based real estate company in three way joint venture and development transaction with Boston Properties and Marriott regarding the development, construction, ownership and leasing of new world headquarters for Marriott.
  • Represented VIINetwork, SaaS based health care IT company in series of equity financings.
  • Represented Everseat, health care based solutions company in series of equity financings.
  • Represented technology company, in the business of providing various cloud based platforms to enhance vendor transactions with customers, in sale of the company to a French based publicly traded entity.
  • Represented large privately held Washington DC based REIT in series of redemption transactions from institutional shareholders.
  • Represented European Metal Recycling, large European steel and metal recycler, in acquisition and joint venture transaction in Southwest United States.
  • Represented large Italian printing company in acquisition of Silicon Valley based technology company.
  • Represented private equity group in acquisition of company engaged in laboratory services business.