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Carbon Markets and Financing Issues in Renewable Energy


Speaker(s): Jeff M. Kayes, William M. Sloan
Recorded on: Aug. 10, 2015
PLI Program #: 151553

Jeffrey M. Kayes is a partner at Morrison & Foerster, practicing in the firm’s Financial Transactions Group.

Mr. Kayes focuses on the representation of financial institutions, other institutional lenders and borrowers in complex debt and equity financings. Mr. Kayes has extensive experience in leveraged acquisition finance and project finance, including the development and financing of manufacturing facilities and renewable energy projects. He has advised clients in connection with bilateral and syndicated facilities, asset- and cash-flow-based facilities, domestic and cross-border loans, letter of credit financings, vendor financings, private placements of debt securities and bankruptcy-related financings.

He has represented clients operating in a variety of industries, including biotechnology, clean technology, finance, gaming, renewable energy, semiconductors and software, among others.

Mr. Kayes also has extensive experience representing clients in acquisitions of energy projects in all phases of development, including investments in individual or portfolios of projects. He has advised clients in connection with such transactions for natural gas, wind, biomass, hydro and solar facilities.

Mr. Kayes is recommended as a leading lawyer in the 2013 and 2014 editions of Legal 500 US in the areas of Project Finance and Renewable/Alternative Energy. In addition, he is recognized as a “Rising Star” in the 2012 -2014 editions of Northern California Super Lawyers, an honor recognizing the top up-and-coming attorneys in the state who have attained a high degree of peer recognition and professional achievement.

Prior to joining Morrison & Foerster, Mr. Kayes acted as Senior Legal Counsel for Solar Trust of America / Solar Millennium, a solar developer, addressing financing issues concerning the construction of the world’s largest solar field. Earlier in his career, he practiced at Latham & Watkins.

Mr. Kayes previously served as a member of the Uniform Commercial Code Committee of the Business Law Section of the State Bar of California.

Education

University of Michigan (B.S., 1997)
University of Michigan Law School (J.D., 2000)

Practices

Financial Transactions
Clean Technology
Project Finance

Bar Admissions

California


William Sloan serves on the firm’s Clean Technology + Alternative Energy Steering Committee, and chairs the Environment + Energy Group’s carbon team. Mr. Sloan represents domestic and international clients on matters involving natural-resource and emission management, regulation and litigation, with a particular focus on climate change, energy and water resources. He has advised clients on carbon-offset generation projects and emission-reduction purchase agreements, both under the Clean Development Mechanism of the Kyoto Protocol and in the voluntary-offset marketplace. With respect to water, he has counseled clients on water rights and water supply assessments, and has handled contested cases involving groundwater basin adjudications and water quality compliance. His work has spanned North America, Europe, Asia and Africa.

Before entering private practice, Mr. Sloan served in externships with the U.S. Department of Justice, the U.S. Environmental Protection Agency and the California Attorney General’s Office. During his career, he has had extensive compliance, permitting and litigation experience involving the Clean Air Act, the Clean Water Act, the Porter-Cologne Water Quality Control Act, the California Environmental Quality Act, the California Coastal Act, the Endangered Species Act, the California Forest Practice Act and other environmental statutes.

For nearly a decade, Mr. Sloan has worked on matters before regulatory agencies, as well as in state, federal and international courts, successfully litigating cases for both the public and private sector that have been resolved in the California and United States Supreme Courts. His matters have also included representation of sovereign entities such as the Government of Guam and the Republic of Ethiopia. A list of clients is available upon request.

Mr. Sloan has been recommended for environmental law by Best Lawyers in America (2013 – 2015) and Super Lawyers (2012 – 2014). He was also recognized as a “notable practitioner” by Chambers USA (2011 – 2014) for his expertise in climate change law, and was recently named to the “Cleantech 100” list in the inaugural edition of LMG Cleantech & Renewable Energy (2013).

Currently, Mr. Sloan sits on the Climate Change Advisory Committee for the California Manufacturers and Technology Association, and participates in its environmental and government affairs committees. Mr. Sloan is also a member of the Energy Bar Association’s emission trading committee, the Environmental Law Institute and the Environment, Energy and Resources Section of the American Bar Association.

Mr. Sloan received his B.A. from Princeton University in 1994, and his J.D. from Hastings College of the Law, University of California, in 1999. In 2006, he was awarded a diploma as a Rhodes Ocean Scholar from the Rhodes Academy of Oceans Law and Policy in Greece. He is a frequent speaker and author on climate change and carbon markets.

Education

Princeton University (B.A., 1994)
University of California, Hastings College of the Law (J.D., 1999)

Practices

Clean Technology
Environmental Permitting + Regulation
Environmental Litigation

Bar Admissions

California