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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Energy

Date & Time
  • event Date

    Thursday, February 27, 2025

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

$347.00

This course is $0 with these passes:

CLE
ALL

This CLE webinar will guide counsel in structuring joint development agreements (JDAs) for renewable energy projects. The panel will examine the critical terms for JDAs and discuss key considerations, including partner suitability and approaches to agreement structure. The panel will also address disputes that can arise between JDA parties and steps to minimize such conflicts.

Faculty

Becky H. Diffen
Partner
Norton Rose Fulbright, LLP

Ms. Diffen is a partner based in Norton Rose Fulbright's Austin office. She focuses her practice on mergers and acquisitions, joint ventures, and project development of renewable energy, energy storage, power generation and transmission projects - including wind, solar, battery storage, green hydrogen, carbon capture, geothermal, waste-to-energy, RNG and other technologies. Ms. Diffen also has experience advising clients on Texas regulatory law. She has over 20 years of experience in the renewable energy industry and previously worked as a utility-scale wind power developer. Ms. Diffen has been recognized annually by Chambers Global and Chambers USA, was honored as a 2021 Law 360 Project Finance MVP, and in 2019 was named the C3E Law and Finance award winner by the U.S. Department of Energy. She is a co‑author of Wind & Solar Law, a legal treatise and textbook published by LexisNexis, which recently released the third edition in June 2024. 

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Erin Mitchell
Senior Associate
Norton Rose Fulbright, LLP

Ms. Mitchell is a senior associate in Norton Rose Fulbright's Houston office. She focuses on domestic and international business transactions and corporate matters, including mergers and acquisitions, joint ventures, and project development of renewable energy, energy storage, power generation and transmission projects - including wind, solar, battery storage, green hydrogen, carbon capture, geothermal, waste-to-energy, RNG and other technologies. Ms. Mitchell also has experience working with other industries including oil and gas.

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Description

As energy demands and technology continue to evolve, more companies are working jointly to share responsibilities in connection with developing, constructing, and financing renewable energy projects.

When considering a JDA, counsel to each party should evaluate the suitability of the JDA partner(s), the parties' objectives, and the agreement structure. Counsel should understand what key terms and provisions to include in the JDA to plan for the unexpected and minimize the risk of unintended consequences.

Listen as our authoritative panel examines the preliminary considerations, such as partner suitability and structure considerations, and key provisions, including the scope of the parties' joint development activities, their performance obligations, funding commitments, and termination and withdrawal rights.

Outline

  1. Preliminary considerations
  2. Key provisions
    1. Exclusivity
    2. Funding
    3. Withdrawal/termination
    4. Commercial principles
  3. Additional issues
    1. Nature of project opportunity
    2. Transfers
    3. Other structures/relationships

Benefits

The panel will review these and other key issues:

  • What are key considerations for counsel negotiating the JDA?
  • What issues must a JDA address regarding scope of joint development activities?
  • What are the obligations of parties and protections accorded to each?