Overview

David Markey is a partner and business lawyer with Foley & Lardner LLP. His practice covers a wide range of corporate, commercial and finance matters, including in the areas of renewable energy and project finance.

Mr. Markey represents sponsors, developers, lenders and equity investors in the development, financing and acquisition of energy projects, including solar, wind, biomass, geothermal and conventional power projects.

Mr. Markey also represents clients in a wide range of M&A, financing, and commercial transactions throughout the U.S., Europe and Latin America. In addition, Mr. Markey also represents inbound investors to the U.S. from the U.K., Europe and the Middle East in a variety of sectors.

Representative Experience

  • Representation of ENGIE in the acquisition of a majority stake of Green Charge Networks; this transaction won M&A Advisor “Energy Deal of the Year” in 2016
  • Representation of a large, Middle East-based, energy company in the acquisition of a stake in a 205 MW wind project in Minnesota
  • Representation of a Texas-based private equity fund in the sale of a portfolio of energy projects to privately held YieldCo
  • Representation of one of the largest U.S. sponsors of commercial and industrial solar projects in the tax equity and back-leveraged financing of a large portfolio of commercial and industrial solar projects
  • Representation of a U.S. solar company in connection with construction, operation and maintenance arrangements for a 70 MW solar project in Northern Chile
  • Representation of residential solar developer in the creation of the $200 million tax equity fund to finance residential solar projects
  • Representation of large Spanish wind developer in the tax equity financing of a 90 MW wind project
  • Representation of large Chinese solar developer in the tax equity, construction and back-leverage financing of multiple utility scale solar projects in North Carolina
  • Representation of a developer and sponsor in connection with the refinancing of a 150 MW wind project in California through a bond offering, a cash grant bridge loan and letters of credit facilities
  • Representation of a New York-based private equity fund on multiple solar portfolio financings, including a $130 million construction, term and cash grant bridge facility
  • Representation of numerous solar developers in the development and financing of distributed generation solar projects across a variety of U.S. states
  • Representation of numerous wind developers in the acquisition and sale of more than 5,000 MW of capacity across the U.S., including both individual project and portfolio sales
  • Representation of a major U.K. private equity investors in secondary markets transactions involving public/private partnership projects in the U.K.
  • Advising privately-held family office in various investments across different jurisdictions

Recognition

In 2016, The Legal 500 recognized Mr. Markey for his work in the area of project finance. He was also recognized in 2015 for his work in the area of renewable/alternative energy.

Education and Admissions

Mr. Markey received an LLB from the University of Durham, England and completed the U.K. Legal Practice Course at Nottingham Law School. He is admitted to practice law in California and England & Wales.

Publications and Presentations

  • Moderator, “Project Economics Required to Compete in the Market,” Infocast: Solar Mexico Summit (November 2015)
  • Moderator, “Bank Market Outlook 2015,” InfoCast Wind (February 2015)
  • “Emerging Markets Make a Play at Renewable Energy,” Renewable Energy World (December 2012)
  • “Cross Border Renewables – Baja to California,” Renewable Energy World (March 2010)

Representative Matters

Showing of
Foley represented Brite Energy in financing a $200 million Morgan Stanley tax equity fund in residential solar projects in multiple states across the U.S. This investment program in conjunction with MySolar IX, will assist in affordable and clean energy.
Foley represented Brite Energy in financing a $200 million Morgan Stanley tax equity fund in residential solar projects in multiple states across the U.S. This investment program in conjunction with MySolar IX, will assist in affordable and clean energy.
Foley represented Goal Zero, a leading manufacturer of portable solar power products, in its acquisition by NRG Energy, Inc., a Fortune 250 company and one of the country’s largest solar power developers. Goal Zero has grown by more than 16,000 percent in the past three years, ranking #9 on Inc. 500’s 2013 list of fastest growing private companies in the U.S., and will continue to create innovative solar power systems that make portable solar power more accessible to consumers.

Capabilities

Insights