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Solar Energy Project Basics - Structuring the Transaction


Speaker(s): Brian J. Levin, Daniel Reiter, David Munsky
Recorded on: Jan. 25, 2019
PLI Program #: 265206

David Munsky has cultivated an expertise in solar over the past decade and has developed and financed over 200 MW of projects throughout North America. Prior to founding Conductive, his previous roles include Chief Financial Officer for Conergy, one of the largest utility-scale solar companies in the world, and VP of Development for Nautilus Solar, a large North American solar developer and former subsidiary of the Starwood Energy Group. David started his career at Lockheed Martin, where he was an analog RF circuit design engineer for radar systems. He holds a MBA from Columbia Business School, a MS in Systems Engineering from the University of Pennsylvania, and a BS in Electrical Engineering from Lehigh University. He also holds two United States patents.


Brian is a skilled, experienced real estate attorney who represents a broad range of commercial landlords, tenants, buyers, sellers and receivership companies.

His clients have included one of the nation’s largest banks; the owner/operator of a major suburban Philadelphia shopping mall, the receivership affiliate of a prominent national commercial real estate brokerage company and the owners of more than a dozen office properties in Center City Philadelphia, its surrounding suburbs and Wilmington, Delaware.

Brian serves his clients by:

  • Drafting and negotiating leases, lease amendments and other lease-related documents including lease termination, agreements, subleases and lease assignments.
  • Performing a variety of due diligence in connection with solar development projects, including reviewing title, survey and site control documentation.
  • Reviewing, analyzing and drafting subordination, non-disturbance and attornment agreements.
  • Reviewing and preparing letters of intent.
  • Interacting closely with lenders, brokers and property managers.
  • Resolving landlord-tenant disputes.
  • Overseeing all aspects of court-appointed receivership.

    Brian’s practice includes representing clients on both the landlord and tenant sides of the lease transaction and involves a wide variety of commercial properties in both urban and suburban settings, including office buildings, shopping centers and mixed-use properties. His experience also extends to advising renewable energy developers and landowners, particularly those in the solar sector, on a range of real estate issues, including leases, licenses and option agreements.

    His deep knowledge of the commercial real estate market and extensive contacts within the industry — including his work with many of the largest national commercial real estate brokerage firms operating in the Greater Philadelphia Area—make him a valued adviser on both business and legal issues.

    Representative Matters

    Brian has represented:

    The owner and manager of a 40-story Philadelphia office tower

  • Drafted and negotiated complex, multifaceted long term lease with major regional bank for a 100,000 square foot corporate headquarters.
  • Negotiated and drafted a variety of expansion, extension and termination options, building naming rights and extensive signage rights.
  • Drafted and negotiated a 60,000-square foot lease for headquarters of major national discount retailer.

    One of the nation’s largest banks

  • Negotiated approximately 40,000-square foot lease of three floors in a Delaware office building.
  • Represented client in preparation and negotiation of RFP and Lease of approximately 85,000 rentable square feet in high rise office building in Center City Philadelphia.
  • Negotiated and drafted numerous leases for office and retail space throughout Pennsylvania, New Jersey and Delaware.
  • Completed multiple leases with major institutional landlords, including Brandywine Realty Trust, one of the largest full-service real estate companies in the U.S.
  • Reviews, analyzes and negotiates letters of intent.

    The receivership affiliate of a large commercial brokerage company

  • Assists receiver in preparing and negotiating new leases and letters of intent.
  • Files monthly reports on income and expenses as required by the court.
  • Drafts and negotiates contracts between the receiver and real estate brokers engaged to lease space on behalf of the receiver.

    Before Fox Rothschild

    Brian’s experience includes service as:

  • Associate General Counsel with Rubenstein Partners, a regional real estate company, where he was responsible for leasing, insurance matters and various other transactions.
  • Assistant City Solicitor for the City of Philadelphia, where he worked in the real estate group and for Philadelphia International Airport. During his time with the City Law Department, Brian was instrumental in document preparation for the development of the Regional Performing Arts Center (Kimmel Center) and the US Airways maintenance hangar.
  • Intern for Chief Justice Robert N.C. Nix Jr. of the Supreme Court of Pennsylvania.

    Honors & Awards

  • Recipient of the "Pro Bono Roll of Honor" award from the First Judicial District of Pennsylvania

    Practice Areas

  • Real Estate
  • Energy & Natural Resources
  • Renewable Energy & Project Development

    Bar Admissions

  • Pennsylvania
  • New Jersey

    Education

  • Emory University (B.A., 1994)
  • University of Pittsburgh School of Law (J.D., 1997)

    Memberships

  • Lamda Alpha International
  • Pennsylvania Bar Association
  • Philadelphia Bar Association


Dan’s experience across a wide array of real estate, renewable energy, and general business matters, together with his unwavering emphasis on client service, positions him well to represent a range of developers, owners, operators, and investors, and a diverse group of other businesses and principals in connection with sophisticated real estate, renewable energy, and other transactional matters.

Dan provides trusted advice that is comprehensive, efficient, and appropriately tailored to the matter at hand. His advocacy is zealous, powerful and unrelenting, and he works collaboratively and responsively with his clients to help them achieve their goals and objectives.

Dan is a Co-Chair of the firm's Energy and Natural Resources Practice Group. Throughout his career, in addition to his transactional real estate, commercial contracting and general business law practices, Dan has practiced regularly in the rapidly expanding and constantly evolving solar energy space. This includes representing an impressive mix of independent power producers and other project developers, system owners, and host site owners in connection with the development, due diligence, purchase or potential purchase, sale or potential sale, construction, financing, operation, maintenance, dispute resolution, and/or asset management, of hundreds of megawatts of solar energy generation facilities in the aggregate.

Representative matters throughout Dan’s career include:

  • Representation of solar independent power producers in connection with early-, middle- and late-stage project development, and operating assets, including:
    • Performing due diligence on, structuring, negotiating, documenting, and advising throughout the development process and operations, regarding the purchase, development, operation and/or sale of solar photovoltaic facilities, including ground- and roof-mounted systems and carport arrays, utility-scale, distributed generation, and community solar gardens, in a variety of jurisdictions;
    • Drafting, reviewing and negotiating a multitude of solar energy transaction documents, including power purchase agreements, EPC contracts, operations and maintenance agreements, contracts for the purchase and sale of SRECs, leases, licenses, options, easements, and other site-related documentation, purchase and sale documentation, documentation governing project financing, corporate documentation, and a host of other commercial contracts; and
    • Resolving high-stakes, complex disputes in connection with solar energy transactions, including development and construction disputes, financial disputes, disputes concerning the purchase and sale of SRECs, corporate disputes, disputes concerning real estate, disputes concerning confidentiality and non-competition, and other highly-sensitive and bet-the-company business disputes.
  • Representation of landlords and tenants in connection with the leasing of iconic, Class A buildings; trophy residential space; industrial, medical, and retail space; renewable energy production; ground leases, master leases and other long term, single tenant arrangements; and lease disputes;
  • Representation of local, regional, national and international developers in connection with a variety of real estate assets and real estate finance matters, including market-leading commercial office properties, shopping centers and malls, industrial and light-industrial facilities, and among the most prestigious residential properties in the Philadelphia area; and
  • In effect serving the role of outside general counsel to companies of widely varying size and market-share across multiple industries.

Before Fox Rothschild

After graduating from Harvard Law School, Dan began his legal career in the finance and real estate department of a prestigious international law firm. While in law school, Dan served as a summer clerk in the chambers of the Honorable Richard B. Klein of the Superior Court of Pennsylvania. Dan has also served as Co-President of Brown University’s chapter of Omicron Delta Epsilon, the international honor society in economics.

Beyond Fox Rothschild

Dan is a life-long, accomplished musician (having played at the professional level since a relatively young age), and an avid competitive equestrian. He is also involved with a number of animal-related, and land and environmental conservation charities.

Honors & Awards

  • Named among the “Best Attorneys in Business” by Philly Biz (2016)

Practice Areas

  • Real Estate
  • Energy & Natural Resources
  • Construction
  • Corporate
  • Renewable Energy & Project Development

Bar Admissions

  • Pennsylvania

Education

  • Harvard Law School (J.D., 2006)
  • Brown University (A.B., magna cum laude, 2003)