Energy, LNG/LPG and Cables

An Integrated Team Approach Honed to Your Project

Holland & Knight's Energy and LNG/LPG Team is a multi-disciplinary group of professionals with expertise in project finance; environmental, regulatory and maritime law; and energy litigation. Recognizing that each of these legal disciplines is important when taking on a large-scale LNG project, we are equipped to provide you with a team designed specifically with your needs in mind.

Your Needs are Served Through Our Diverse Experience and Global Support

Whether you are involved with terminals ashore or offshore deepwater ports, Holland & Knight maritime attorneys possess the skills necessary to represent you. Our experience includes:

• all forms of project finance, including equity investment, vendor finance and foreign government involvement
• facility and infrastructure development
• EPC contracting, and specialty equipment procurement
• long-term supply contracts and LNG Sale and Purchase Agreements (SPAs)
• spot cargo agreements, including both FOB and CIF terms
• marketing, trading and risk management techniques, including instruments such as contracts for delivery, swaps and derivatives
• homeland and maritime security requirements under international maritime law, and concomitant provisions of the U.S. Maritime Transportation Security Act of 2002

With offices located around the world, plus a network of foreign correspondent counsel and over 550 alumni from our foreign lawyer trainee program (LINK), worldwide representation is at your fingertips.

Full Scope of Services for Managing Your Undersea Cable Project

We provide you with an array of regulatory, transactional and litigation legal services across the spectrum of undersea cable system projects. A team of communications, maritime, environmental, real estate, land use and energy attorneys provides assistance in telecommunications, electrical power, scientific and military cable system projects.

Our maritime attorneys utilize knowledge and experience in cable matters that span the entire industry - from marine surveys to U.S. and overseas cable landing licenses and state and U.S. Army Corps of Engineers permits; to construction and maintenance agreements, indefeasible right-of-use and collocation contracts, vessel and ROV/AUV charters; to fault litigation.

Holland & Knight's integrated services encompass the following areas and skills:

• cable regulatory
• cable construction and maintenance
• cable fault litigation
• cable and infrastructure security

Representative Cases - LNG/LPG

• financing new building construction of LNG Carriers and specialty tugboats, including structured finance and synthetic leasing transactions
• bareboat and time charter party agreements and contracts of affreightment
• ship management agreements
• negotiating ship construction contracts and security for the yard's obligations
• all aspects of regulatory compliance, including ship security, cargo manifesting, and vessel crew requirements, U.S. Certificates of Financial Responsibility (COFRs)
• international maritime convention compliance (IMO SOLAS, STCW, ISM, ISPS Code and other standards)
• discharge port requirements, including personal relationships with many United States Coast Guard Captains of the Port (COTPs)
• U.S. Department of Energy import licensing
• Jones Act requirements & impact on operations
• U.S. maritime regulatory ruling letters
• contracts with pilots, longshoreman, specialty tugs, and fireboats
• Society of International Gas Tanker & Terminal Operators (SIGTTO) guidelines
• maritime insurance advice, including potential “war-risk” riders
• immediate representation in the event of a maritime casualty provided by our Rapid Response Team
• transfer of equity interest in liquefaction facility
• re-financing/synthetic lease of an LNG Carrier
• financing and chartering of specialty tugboats, with specially built fire-fighting equipment
• contract negotiation concerning an on-site (manufacturer’s facility) LNG satellite tank operation
• extensive contract advice and litigation assistance in relation to the construction of LNG vessels
• appeal of a DOT enforcement action for alleged regulatory compliance deficiencies associated with terminal operations and maintenance procedures, training and record-keeping
• litigation concerning LNG/C The Matthew brought by the City of Boston to block entry to the port after 9/11 and follow-up negotiations concerning security and fire protection.
• appeal of a USCG COTP order issued against the LNG/C The Matthew after 9/11
• contract dispute with LNG/C owner and operator over charter party agreement and out-of-service days
• contract dispute with the manufacturer of LNG submerged combustion vaporizers
• construction dispute with the design engineer of an LNG terminal expansion project
• regulatory approvals and court approval for an LNG import terminal
• representation of LNG Carrier damaged in maritime collision with a submarine
• representation of off-shore deepwater port terminal developer
• representation of an interstate natural gas pipeline company in connection with permitting and construction of a new pipeline serving an LNG facility
• representation of lenders in connection with the worldwide workouts of the Tidal marine, Colocotronis and Karavias fleets, including mortgage enforcement proceedings in the U.S. and 20 overseas jurisdictions
• lead regulatory counsel for a company that has proposed to construct a new pipeline to import regasified natural gas from an offshore LNG terminal to a location along the U.S. East Coast.
• contracts for the construction of LNG tankers and the use of these specialized ships after they are launched
• representation of equity participants in original Title XI leveraged lease financing for five LNG carriers and continued representation of equity interests throughout life of the bareboat charters

Representative Cases - Undersea Cables

• Y-49 Cable Anchor Drag Damage Claim - litigation of $25 million property damage claim arising from anchor drag against submerged utility electrical cable during marine construction of natural gas pipeline connection from Northport, Long Island, to Hunts Point, New York. Multiple claimants, cross-claims, and counterclaims in context of shipowner's limitation proceeding.
• 1385 LIPA/CL&P Cable Damage Claim - litigation of multimillion-dollar property damage claim on behalf of utility to recover repair costs and consequential damages for anchor drag incident which severed four of seven underwater cables between Northport, Long Island, and Norwalk, Conn. Claims filed in multi-party shipowner's limitation proceeding.
• Central Hudson - PK Line Allision - litigation and trial of damages claim for severed undersea natural gas pipeline crossing the Hudson River, including recovery of emergency response, repair, and overhead charges incurred by utility
• monitoring federal, state and international legislation and Administration policy in the telecommunication, security and maritime areas
• reviewing seller-drafted asset purchase agreements
• review of environmental obligations associated with existing and planned international, federal, and state licenses and permits
• review of cable fault incidents, repairs, and restoration to determine causes and potential liability, and handle related litigation
• review of marine ecosystem, and other cable protection measures to ensure maximum value and legal compliance
• litigation in New York representing the owners of power cables damaged by a survey vessel
• international tax assistance for U.S. and foreign submarine cable owners
• advised a public utility on restructuring undersea power cable maintenance and crossing agreements