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The transition to a net-zero economy presents challenges on an unprecedented scale. It is not a business as usual outcome and it requires a transformative approach. Leadership is required from key players in the energy sector (including from us) to make this transition happen. As a global law firm at the “action-end” of the energy transition, Herbert Smith Freehills:

  • advises on the laws in force today, and those on the horizon, to assist our clients to navigate the ever-changing regulatory landscape that they operate in and to help our clients prepare for and adapt to these changes;
  • is at the cutting-edge of the industry, using our deep knowledge of all elements of the energy value chain (including the underlying regulatory mechanisms), to co-create new project structures and new business models for investable new energy projects;
  • advises on decarbonisation, decentralisation and digitisation projects that will accelerate the transition;
  • helps to structure projects to attract funding to new energy projects, and the rules governing this funding;
  • participates in dialogue between industry and government in shaping regulation;
  • supports climate initiatives, such as the Legal Response Initiative, which provides free legal support for the least developed economies; and
  • we are one of the first law firms to set our own net-zero goals for 2030

The growing energy demands of the future, and the increasing electrification of the global energy system, requires “all hands on deck” to deliver the world’s future energy needs.

Energy generation systems of all types, networks, transmission systems and energy storage systems all need to be significantly expanded and upgraded in the coming decades, requiring trillions in investment.

As a global law firm with vast experience and a proven track-record of delivering energy projects across the energy industry around the world, Herbert Smith Freehills can:

  • help clients to move efficiently and confidently through deals and developments, making decisions based on market precedents, market practices and knowledge of analogous transactions in comparable jurisdictions;
  • utilise the diverse but complementary skill-sets of our specialists across the energy, infrastructure, technology, mining, consumer and banking sectors, to deliver unique solutions;
  • assist established energy companies moving into new sectors of the industry to understand these sectors, in a relatable way, based on our understanding of their historic and future businesses;
  • use our deep understanding across the energy value chain to provide innovative solutions, as new energy markets are developed;
  • advise on investment protection mechanisms to give clients confidence to invest;
  • continue to deploy our expertise to companies looking to take advantage of acquisition, divestment and merger opportunities of traditional energy companies and assets; and to develop and finance traditional energy projects, supporting the core of the industry as it continues to provide energy security to the world for many years to come; and
  • help our clients to enforce the bargains struck by way of dispute resolution mechanisms

The challenges facing the energy sector will require new and different skills to be developed by those working in this space. Our people and our clients will need considerable support to develop these skills to adapt to the new reality and to operate confidently. We are committed to:

  • understanding the new business challenges facing our energy sector clients, and showing empathy with those tasked with overcoming these challenges;
  • continuing to support the existing business challenges of our clients;
  • staying up to date with key legal developments affecting the energy sector, and acting as a repository of knowledge of current and expected regulatory developments in the key jurisdictions in which we operate, to help our clients to visualise the new horizon and to move confidently towards it;
  • using legal technology to maximise our expertise and efficiency on each matter;
  • partnering with our clients to develop the next generation of legal talent in the sector, through mentorship, sponsorship, secondments and deal opportunities;
  • sharing our knowledge with our clients through training, briefings, our blog and other thought leadership platforms

At Herbert Smith Freehills, our energy team works with clients of all shapes and sizes, at different phases of their lifecycles, in the most mature economies as well as the most underdeveloped economies of the world.

From 25 global offices, our 700+ energy sector team members span the oil and gas, power, renewables, clean energy and technology sectors. They effectively bring the “whole of our global firm” to our clients’ local project needs, keeping ambitions on track and businesses compliant with policy and regulations. We have broad and deep networks across the energy world and are able to operate with skill across the globe.

Working with clients in this way, we become part of the fabric of their businesses. We are their “eyes and ears” on everything from climate change laws to regulatory and market reform; and we help them to scan the horizon for opportunities and threats. We connect our people and our clients with each other in service of this ethic.

From high-profile energy projects to complex financings, joint ventures and disputes, we guide our clients to the best possible outcomes across all of our service lines. We provide full legal support, assisting clients in everything from large-scale acquisitions and development of mega energy infrastructure to customer-facing aspects of the business, energy trading and home-generated distributed energy resources.

We have sector-focussed specialists in energy market reform, regulation, climate change, technology, intellectual property, project development and financing, procurement and construction, environment, fund establishment, public and private M&A, commercial agreements and disputes. Our highly regarded dispute resolution teams, help our clients enforce their negotiations and their rights with Governments and other industry participants, wherever they need us.

Our energy sector specialists act for many of the world’s leading energy companies. We also support emerging ventures in renewables, battery storage, battery charging, electric vehicles, energy-from-waste, hydrogen, carbon capture, data and alternative technologies, etc. Everything our team does is led by our clients’ needs. Everything we learn informs and enhances our client services. Most of our lawyers have spent time on client secondment, or have spent time in industry, which further enhances their skills.

We bring our knowledge and expertise, built on decades of hands-on experience, to help energy businesses with their day-to-day operations and evolving commercial objectives. We support them in the face of rising energy demand from an expanding global population, and with regulatory and societal calls for carbon neutrality. We help them to secure opportunities from, and to navigate the challenges of, a sector in disruption.

As society continues to demand cleaner energy, our work in the clean energy space continues to grow. Much of our work is the first of its kind, crossing new thresholds in global innovation and sustainability. Herbert Smith Freehills actively partners with clients, helping to reshape the industry and operating environments so that we can co-create a cleaner and more reliable future together.

Experience

DNB BANK

Advising the Dealers on the annual updates of DNB Bank's €45 billion EMTN programme and the Managers on DNB Bank's issuances thereunder, including its recent €1.25 billion 3.125% Fixed-to-Floating Rate Green Senior Preferred Notes due 2027, JPY9 

Republic of Ghana

Advising the Dealers and Managers on the establishment of The Republic of Ghana's GMTN programme and its issuances of US$1 billion 7.750% Amortising Notes due 2029, US$1 billion 8.625% Amortising Notes due 2034, US$500 million 8.875% Amortising Notes due 2042 and US$525 million Zero Coupon Notes due 2025 thereunder

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Republic of Ghana

Advising the Dealer Managers on the Tender Offer of the Republic of Ghana's US$1 billion 7.875% Notes due 2023

WESTERN POWER DISTRIBUTION

Advising Western Power Distribution on the update of its £6 billion EMTN programme and issue of €500 million 3.530% Fixed Rate Senior Notes due 2028 and €500 million 3.949% Fixed Rate Senior Notes due 2032 thereunder

Tryg

on its DKR 36.9bn (£4.4bn) standby underwritten rights issue to fund the £7.2 billion break up bid for RSA plc 

PensionBee

on its IPO and £340m admission to the High Growth Segment, and subsequent step-up to the premium segment, of the London Stock Exchange (advising the banks)

Energy transition: Shorting carbon

With the energy industry needing trillions of dollars annually and a string of technical breakthroughs required to decarbonise the business of power, the opportunity of net zero is as exhilarating as it is daunting.

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Justin D'Agostino

Chief Executive Officer and Partner, Hong Kong

Justin D'Agostino
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Mike Flockhart

Managing Partner, Corporate, London

Mike Flockhart
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Kyriakos Fountoukakos

Managing Partner, Competition Regulation and Trade, Brussels

Kyriakos Fountoukakos
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Anna Sutherland

Managing Partner, Disputes, Sydney

Anna Sutherland
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Nina Bowyer

Managing Partner, EMEA, Paris

Nina Bowyer
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May Tai

Managing Partner, Asia, Hong Kong

May Tai
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Joza AlRasheed

Managing Partner, Riyadh

Joza AlRasheed
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Peter Godwin

Managing Partner, Kuala Lumpur, Kuala Lumpur

Peter Godwin
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