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.

John's clients and the corporate transactions where he has provided representation are in a wide variety of industries including energy, telecommunications and media, technology, government contracting, REITS and construction.

With regard to the energy and telecommunications industries, John has worked with clients in these industries for more than 25 years and has significant experience with the legal and business issues unique to these industries. John also has significant relationships with investment banks, private equity funds, family office investor groups and other financial institutions that are involved in financing and merger transactions in the energy and telecommunications industries.

In the energy industry, John has represented large electric utilities, private equity funds, financial institutions, power project developers, transmission 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, John 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.

John has represented companies operating in virtually every sector of the communications and related technology industries, including owners and operators of date centers, cellular tower companies, unified communications providers, cloud services providers, other telecom service providers, technology developers and private equity funds, and other investor groups.

Affiliations

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

Recognition

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

Education

  • Harvard Law School (J.D., cum laude, 1981)
  • Lehigh University (B.S., summa cum laude, 1978)

Admissions

  • District of Columbia

Recent Selective Representations

Energy, Project Finance, Infrastructure:

  • Represented FuelCell Energy, public company involved in manufacture and development of fuel cell power generation projects, in $ 200 million financing with Orion Energy Partners
  • Represented Ares Management private equity funds in sale of energy projects in Michigan and Wisconsin to Eagle Creek Renewable Energy
  • Represented private equity fund in joint venture with project developer regarding development and financing of community solar projects
  • Representing project developer as project counsel in development, financing and construction of natural gas combined cycle plant being developed in New Mexico
  • Representing private equity fund in acquisition and financing of solar projects in community development zones in Puerto Rico
  • Represented FuelCell Energy in acquisition from Dominion Energy of fuel cell project in Bridgeport, Connecticut including in senior and junior layers of financing associated with such acquisition
  • Represented FuelCell Energy in consummation of financing transaction with Fifth Third Bank relating to the construction of fuel cell project on the U.S. Navy Base in Groton, Connecticut
  • Represented California based developer of renewable energy projects in sale of joint venture interest to third party
  • Representing private equity fund in sale of hydro-electric project in California
  • 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 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
  • Represented 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 Meriplex Communications, Texas based managed communications company including data centers in transaction with Clairvest, Canadian private equity fund
  • Represented Meriplex communications and Clairvest in follow on acquisitions
  • Representing Northeast based cloud infrastructure provider of voice, data and security in financing and joint venture transaction with private equity fund
  • 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
  • Represented 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
  • Represented company engaged in bandwidth and capacity management in series of equity financings

Other Industries:

  • Representing company that is a leading provider of internet intelligence services and products to government users and large corporations in corporate transaction
  • Representing Washington D.C. based management consulting firm in corporate transaction
  • Representing Florida based company engaged in business of installation and sale of LED lighting systems in joint venture transaction with private equity fund
  • 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