Overview

It is no secret that cleantech markets are experiencing significant growth – In fact, 2008 venture capital investments in cleantech reached record levels with $4.7 billion raised. Global challenges will continue to drive investment and innovation to this dynamic industry. Through our Clean Technology Group’s in-depth industry knowledge, relationships, and experience, we are helping clients successfully bring new technologies, models, and services to this dynamic market. Whether we are helping an emerging company find seed money, an established company patent a new technology, or acting in an outside general counsel role, we draw on our extensive experience to complete deals across the various cleantech sectors that will fuel our future. Through Fredrikson & Byron’s Aim to Sustain initiative, we are also doing our part to ensure a cleaner future.

Services

Entrepreneurial Support

When we say that Fredrikson & Byron is a law firm where “Law and Business Meet,” it is not just a motto, it is a way of life, and this is nowhere more true than in our work with clean technology entrepreneurs. We have had the honor of helping establish some of the leading companies in the Midwest and the world. We serve as a strategic advisor to entrepreneurs, providing legal advice on company formation, seed and angel investments, taxes, employee issues, and other elements vital to their success. Beyond the legal services, our cleantech lawyers know the industry. We share our network of contacts with clients to help them build relationships necessary to move their projects forward.

Project Finance

Project finance is the backbone of most cleantech projects, as it provides the capital to build power plants, wind and solar farms, biofuels facilities, manufacturing and other projects. Our cleantech lawyers have represented clean technology companies, investors, and lenders on many successful project financing deals, including non-recourse project financing, leases, secured and unsecured credit facilities, operating lines of credit, as well as U.S. Department of Energy loan guarantees, public-private collaborations, and various tax-equity advantaged structures involving investment tax credits, cash grants, production tax credits, and Clean Renewable Energy Bonds (CREBs). Because project finance involves many issues, we also provide advice regarding regulatory issues, taxes, and financing markets.

Equity and Debt Finance

Our clean technology lawyers have worked with numerous public and private companies, investors, lenders, and investment banks in public and private equity transactions. We have significant experience representing parties in a wide range of securities matters, including purchases and sales of securities by corporations and investors, mergers and acquisitions, SEC reporting, federal and state securities law compliance, proxy solicitation, and listing requirement compliance.

Likewise, we represent clients who are seeking debt financing, as well as banks, equipment lessors, and other lending institutions that provide debt financing to companies. We are familiar with the wide variety of financing transactions needed to make a project successful, as well as federal and state financing programs and loan guarantees that often make financing possible.

Intellectual Property

Our primary goal is to understand your business objectives and create an intellectual property portfolio that is aligned with your business goals and financing needs.

Patent attorneys, agents, and technical advisors in our Clean Technology Group are experienced in assisting companies, education and research institutions, entrepreneurs, and investors in creating, protecting, and commercializing next-generation clean technologies. Our team includes members that span a broad range of technical backgrounds such as electrical engineering, computer science, mechanical engineering, inorganic and organic chemistry, electrochemistry, biology, and materials science. Our team members have also worked in or have been associated with a wide variety of industries, which has given them a broad range of experiences related to clean technologies, such as renewable energy, recycled materials, sustainable and environmental chemical compositions, energy storage, clean water, and air systems, green building materials and systems, and biodegradable packaging.

We have assisted clients in developing and securing intellectual property rights (i.e. patents, copyrights, trademarks, and trade secrets) that protect, renew, enhance, and conserve natural resources. Our work with these clients in developing a comprehensive patent portfolio has been a key element in helping them to successfully commercialize their cleantech products.

We also advise clients on a broad range of commercial and IP-related transactions that arise in the creation and operation of companies commercializing clean/green technologies. Our attorneys have been involved in hundreds of successful business and strategic collaborations and transactions that have strengthened our clients business position with their competitors. These transactional matters include joint ventures and other strategic relations; sponsored research agreements; acquisitions, sales, and licensing of technology and intellectual property rights; R&D arrangements; technology, equipment, and materials development and procurement; manufacturing; technology and product sales; and IP diligence.

Our Cleantech Team has experience in counseling clients regarding patent portfolio organization and due diligence that benefit private investors, investment bankers, private equity groups, and companies looking to raise capital, invest and/or commercialize clean technology products.

Clients rely on us for a full range of services including intellectual property counseling; patent preparation and prosecution; intellectual property asset management counseling; patentability, validity, and freedom to operate studies; infringement and invalidity opinions; due diligence support in venture capital financings and mergers and acquisitions; and patent and trademark litigation.

INDUSTRY INVOLVEMENT

While clean tech is an emerging industry, our long history of involvement in renewable energy sectors, such as wind, biofuels, and biomass, have provided a solid base of contacts and expertise in expanding our involvement across the various cleantech sectors. Our memberships include American Wind Energy Association, Wind on the Wires, Windustry, Women of Wind Energy, Algal Biomass Organization, Midwest Solar Energy, National Biodiesel Board, North Dakota Ethanol Association, Minnesota Coalition for Ethanol, American Council on Renewable Energy, Northwest Biofuels, Minnesota Cleantech Group, and Minnesota’s Community Based Energy Development (C-BED) Advisory Task Force.

Bios

Primary Attorneys

Kara K. Fairbairn
Thomas R. Hipkins
Erik E. Malinowski
Adonis A. Neblett
John S. Parzych
Simon C. Root
Eric J. Snustad
Todd A. Taylor
Daniel A. Yarano