Energy Sector

Lawyers specialising in the Energy Sector

Energy markets exhibit characteristics that make them different from any other asset class. Volatility in prices and returns, FAST technological innovation, high geopolitical risk, constant regulatory developments and increasing globalisation are the hallmarks of an ever-changing landscape, creating both challenges and opportunities for its many players.

For decades, LUPICINIO International Law Firm has been an active participant in such energy evolution, providing guidance through complex landscapes with unique characteristics, supporting and advising on countless international transactions around the world.

We are prepared to accompany our clients through the impact of uncertainties, offering solutions and helping them to take advantage of opportunities.

We have the skills

Our Energy team integrates legal and commercial backgrounds from around the world. We focus on continuous updates on global and regional trends through a dynamic exchange with our international network of law firms and advisors on four continents.

We have the experience

We have more than 40 years of experience in providing legal services to international companies, the public sector and administrations. We are widely recognised for building relationships with market players, policy makers and regulators in many jurisdictions.

Areas of expertise

• Renewable Energies

Renewables have become the fastest growing energy source in the world. It now accounts for almost two-thirds of net new power capacity.

Since 2003, the Firm’s Renewable Energy Department has been advising clients nationally and internationally on the following main aspects:

1. Identification, development and comprehensive processing of Renewable Energy projects.

We are experts in the identification of new Renewable Energy Projects and in the creation/management of integrated project management teams, including engineering and environmental aspects. We accompany our Clients from a legal and technical point of view in all phases of the Project:

1.1 Identification of potential evacuation points and awarding processes: tenders, auctions, opening of nodes or extension of the same.

1.2 Land management: identification, technical/legal feasibility studies and contracting process with private individuals or public entities.

1.3 Integral processing of the Project and its evacuation infrastructures: Engineering, Environment and Administrative Processing.

2. Project sale and purchase processes.

Our experience in the Renewable Energy Market allows us to identify projects in different stages of processing or in operation that are susceptible to being transferred.

Once the project has been identified, which is of interest to the Client in terms of power and location, a Due Diligence is carried out from a technical, legal and economic point of view. Once the Client has decided to acquire the project, the Firm provides legal advice on the negotiation and acquisition process.

3. Management of projects in operation.

The Firm provides legal advice to its Clients on the day-to-day management of projects in operation:

• Power expansion
• Management of landowners
• Administrative procedures
• Tax advice
• Labour advice
• Insurance negotiation
• Management of knots
• Communities of Property
• Attendance at meetings

Our clients are investment funds, private investors and developers in the sector.

• Environment

In recent decades, concern for the protection of our planet has become an increasingly demanding challenge for both public administrations and companies. The production processes of the latter are required by environmental regulations to reduce their waste, dumping or to seek lower energy consumption in order to reduce the emission of CO2 into the atmosphere. To this end, companies must undergo rigorous procedures to obtain the environmental authorisations that enable them to carry out their activity and subsequently to maintain it within the new standards that may be approved. They must also take responsibility for any environmental liabilities they may incur and face heavy penalties when they exceed the protection standards that have been legally established for the protection of soil, water, air, etc.

Aware of the high degree of complexity of all these processes, our firm has accredited jurists in Environmental Law and has the capacity to generate specific technical teams to meet the needs of our clients within their specific area of activity, which means that a multidisciplinary team is capable of obtaining optimal solutions, foreseeing risks and possible situations of liability and promoting initiatives for sustainable development and environmental protection.

• Natural Resources

The energy sector faces important challenges. These include understanding the complex legal framework in which they operate, energy policy, emissions and climate change targets, pricing and tariff requirements and a wide range of minimum service obligations. In addition, issues such as data regulation and security are increasingly important and require constant monitoring of regulatory changes.

We multiply our efficiency and capacity for action with a team that combines the efforts and experience of lawyers and technicians. The presence of Lupicinio International Law Firm in various national and international associations and institutions in the energy sector allows us to keep abreast of the main legislative and business trends and developments.

We have in-depth knowledge of all the legal, technical and regulatory dimensions of the energy sector and are aware of the risks that threaten the sector.

We advise our clients in all phases of the development of their projects in order to successfully implement them:

Due diligence
Regulatory advice
Land rights
Procurement contracts
Turnkey contracts
Drafting of sale and purchase agreements and closing of transactions.
We are proficient in financing tools and can design the corporate structure, draft and negotiate loan agreements, advise on the granting of guarantees, among others.
We have been pioneers in advising companies whose business is focused on clean energies such as wind, photovoltaic or geothermal energy.
We have extensive experience in corporate operations of such importance for a sector that needs to grow in order to achieve better market shares, new technology or have a presence abroad.