Brad Nowak represents clients in matters related to corporate, energy, finance and infrastructure transactions. He provides strategic counsel on business transactions in areas such as corporate structure, reorganizations and restructurings, energy project development, contracting, project finance, mergers and acquisitions, debt and equity financings, early-stage and venture capital, joint venture, corporate governance and regulatory compliance matters. As co-chair of the firm’s Energy and Solar practices, Brad advises developers, investors, lenders, owners and operators on conventional and renewable energy projects throughout the U.S. He has recently represented solar developers in the sale of over 25 solar projects to major public utilities. He also serves as chair of the firm's Public-Private Partnership (P3) and Infrastructure Practice.
Brad Nowak represents clients in matters related to corporate, energy, finance and infrastructure transactions. He provides strategic counsel on business transactions in areas such as corporate structure, reorganizations and restructurings, energy project development, contracting, project finance, mergers and acquisitions, debt and equity financings, early-stage and venture capital, joint venture, corporate governance and regulatory compliance matters.
As co-chair of the firm’s Energy and Solar practices, Brad advises developers, investors, lenders, owners and operators on conventional and renewable energy projects throughout the U.S. Brad regularly represents developers on a variety of project development matters, including interconnection (including PJM matters); financing; power purchase agreements (PPAs); engineering, procurement and construction (EPC) agreements; operation and maintenance (O&M) agreements; energy regulatory matters (state and federal); and purchase and sale agreements. In addition, Brad represents clients on the purchase and sale of conventional and renewable energy projects. He has recently represented solar developers in the sale of over 25 solar projects to major public utilities.
As chair of the firm’s Public-Private Partnership (P3) and Infrastructure Practice, Brad frequently advises public and private entities on the procurement, structuring and negotiation of complex public infrastructure and P3 projects and services for a variety of projects, including energy, solid waste, water, wastewater, stormwater and social infrastructure. Brad represents clients throughout the U.S. in the drafting and negotiation of construction (design-build) and performance-based service agreements for development and operation of large-scale public infrastructure projects.
With respect to waste-to-energy and solid waste, Brad has substantial experience advising municipalities and public authorities on structuring, drafting and negotiating performance-based service or operation and maintenance (O&M) agreements, construction agreements (design-build) and waste disposal agreements for waste-to-energy, recycling/material recovery facilities (MRFs) and other solid waste projects. In particular, Brad has advised public clients in drafting and negotiating performance-based service, O&M or disposal agreements for over ten (10) waste-to-energy or solid waste processing facilities.
In his active corporate practice, Brad regularly serves as outside general counsel to private companies in a wide array of industries, including technology, defense, government contracting, hospitality, health care, software, financial services, manufacturing, and nonprofits. He regularly works with early stage and growth stage businesses on significant business transactions, including business planning, formation, business operations, mergers and acquisitions, capital raising, debt financing and exit strategies.
Brad is licensed to practice in the District of Columbia, Virginia and New York. He was recognized by The National Law Journal as a “Trailblazer” in Energy & Environment in 2015.
Brad earned his Juris Doctor degree from Wake Forest University School of Law, and he earned his Bachelor of Science degree, summa cum laude, from the State University of New York at Buffalo.
Corporate/ M&A/ Private Equity
- Represented a private equity firm in senior and mezzanine acquisition financing for a $210 million platform acquisition of a cloud-based archiving solution business.
- Represented a private equity firm in a $23.5 million senior financing.
- Represented a national hospitality company in the acquisition of three resorts.
- Represented senior housing private investment firm in connection with a $205 million mezzanine loan facility.
- Represented two public business development companies in connection with their initial establishment and revolving credit facilities with multiple lenders.
- Represented sellers of two military defense contractors to a private equity firm.
- Represented large Mexican bank in its acquisition of a Texas-based bank holding company and acquisition and regulatory approval of two money transmitters with operations in 41 states.
- Represented U.S.-based investor group in the sale of one of Poland’s largest car parking operators to a large multi-national parking facility operator.
- Represented international security company in the establishment of an offshore subsidiary.
- Represented large public U.S. distributor/retailer in connection with the acquisition of a trading company based in China.
- Represented mezzanine lender in connection with various secured loans to a manufacturing company.
- Represented large senior housing private investment management firm in its restructuring and debt refinancing
- Represented seller group in the sale of a multi-state pharmacy services business.
- Represented large concierge Services Company in its general corporate matters.
- Represented automobile dealer association in connection with formation of a joint venture with a global market intelligence and research company.
Infrastructure, Energy and P3
- Represented Virginia public authority in structuring and negotiating an alternative waste-to-energy project.
- Represented Georgia-based developer in the development and sale of solar power projects under the Georgia Power Advanced Solar Initiative.
- Represented Maryland municipality in connection with a first-of-its-kind public private partnership for development and maintenance of green storm water infrastructure.
- Represented Virginia regional public authority in connection with a competitive procurement for the $150 million sale of its waste-to-energy facility and a long-term performance-based service agreement for waste disposal.
- Represented private developer in development, operation and maintenance of a material recovery facility.
- Represented Virginia municipality in the proposed exercise of its purchase option to acquire an energy plant from the facility’s private operator.
- Represented Pennsylvania public authority in connection with construction of an ash recycling and resource recovery facility and long-term operation and maintenance of such facility by a private operator.
- Represented Florida municipality in the procurement of a private vendor of a publicly owned facility for retrofit and long-term operations.