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Jeff M. Cohen

Partner
+1.202.778.9122
Fax +1.202.778.9100

Jeff Cohen focuses his practice on the development and financing of domestic and international energy and infrastructure projects. He also has a wide range of experience in cross-border mergers and acquisitions, public-private partnerships (P3), private equity, venture capital, joint ventures, and strategic alliances. His practice focuses on the energy, infrastructure, mining, oil and gas, telecommunications, and manufacturing industries.

Mr. Cohen’s experience in international project development and finance includes the representation of developers, equity sponsors, financial institutions, borrowers, and sovereign governments in waste-to-energy, hydroelectric, wind, solar, biomass, geothermal, and fossil fuel projects in Australia, Brazil, Cambodia, Canada, the Caribbean, China, Colombia, Democratic Republic of the Congo, the Dominican Republic, Germany, Ghana, Guam, Guyana, India, Kazakhstan, Liberia, New Zealand, Mexico, Nigeria, Northern Mariana Islands, Palau, Panama, Pakistan, the Philippines, Seychelles, Sierra Leone, South Africa, Spain, Tanzania, the United States, and Vietnam.

Mr. Cohen has drafted and negotiated all key contractual arrangements in such projects including power purchase, off-take, construction, operation and maintenance, fuel supply, shareholder, joint venture, government support/implementation, and guarantee agreements, as well as debt and equity arrangements in connection with such projects.

In connection with Mr. Cohen’s project development and finance work, he regularly counsels clients on compliance with the various regulatory regimes impacting cross-border transactions, including those imposed by the U.S. Foreign Corrupt Practices Act (FCPA), The Committee on Foreign Investment in the U.S. (CFIUS), The Office of Foreign Asset Control (OFAC), The USA Patriot Act, as well as import/export and related foreign trade issues.

Related to the foregoing, Mr. Cohen has significant experience in privatizations, public-private partnerships (P3) and restructuring of state-owned assets (primarily electricity, oil, gas, mining, and telecommunications), representing the Governments of Guyana, India, Nigeria, Kazakhstan, and Seychelles in such initiatives. In connection with these sovereign representations, Mr. Cohen has been involved in several international arbitrations on behalf of non-U.S. state-owned-enterprises in disputes with U.S. domestic parties. Several of these arbitrations were the first arbitral proceedings undertaken by Vietnamese state-owned-enterprises against foreign investors.

Mr. Cohen’s telecommunications practice centers around representing non-U.S. telephone and telecommunications enterprises in cross-border commercial transactions and disputes. Additionally, he has represented clients in transactions involving global fixed satellite services, mobile satellite services, AM and FM radio and television stations, newspapers, and cable television operations.

Mr. Cohen’s extensive business law and transactional experience includes corporate finance, angel and venture capital round financings, entity formation and maintenance, corporate reorganizations, corporate governance, and the drafting and negotiation of a variety of commercial agreements, including equipment purchases and leases, licenses, oil and natural gas purchases and sales, shareholder, and limited liability company operating agreements.

Professional Background

Prior to joining K&L Gates, Mr. Cohen was a partner in the Washington, D.C. office of another international law firm.

  • Represented an investor-owned utility in connection with the financing of a 50 MW wind powered electric generating facility and 30 MW power purchase agreement.
  • Represented a biodiesel company in US$10 million secured financing to facilitate acquisition of biodiesel feed stock and working capital needs, including drafting and negotiating debt, security and sponsor support agreements.
  • Represented the Government of Guyana in the development and financing of a 350 MW hydro-electric generating facility in the Republic of Guyana, including a 200 mile transmission line.
  • Represented a large domestic bank in the construction financing and the long-term, tax equity financing of a 55 MW utility-scale solar facility.
  • Represented a large domestic bank as construction lender and tax equity investor in a long-term sale-leaseback transaction of two 10 MW PV projects to provide power to a major Southwestern utility.
  • Represented a U.S.-based developer in the financing of (200 MW +) of solar facilities in Ghana, Morocco and Ethiopia.
  • Represented participants in a series (6 MW) of rooftop PV projects in New Jersey.
  • Represented a venture fund, as lender, in a secured term loan facility to a solar installation company in New York.
  • Represented non-U.S. bank in connection with the financing of a cellulosic ethanol plant. 
  • Represented an Australia-based investment bank in connection with its investment in an ethanol production facility in Pennsylvania.  
  • Advising Aquarius Platinum at an early stage of development of its RSA platinum assets including project financing and various project related matters.
  • Advising the Government of Nigeria on a new Petroleum Industry Bill.
  • Advising the Government of Seychelles on offshore oil and gas regulations.
  • Represented a project developer in connection with the project financing of a geothermal energy producing facility in St. Kitts & Nevis.
  • Represented a project developer in connection with project financing of a wind power producing facility in Mexico.
  • Advised a utility regarding the potential development of an offshore wind project in Georgia. Representation included advice on lease application for meteorological data assessment station from the Bureau of Ocean Management and potential leases.
  • Advised an energy service company on the acquisition of development rights in an 8MW offshore wind project on Cape Cod and subsequent EPC and O&M negotiations.
  • Represented a project developer in connection with project financing of a solar power producing facility in the Dominican Republic.
  • Represented a project developer in connection with project financing of a waste-to-energy producing facility in Puerto Rico.
  • Represented a Chinese state-owned enterprise in connection with its investment in oil and gas fields in California.
  • Represented a Chinese state-owned enterprise in connection with its purchase of three coal mining companies in West Virginia.
  • Represented an investor in connection with an investment in mining rights in Liberia.
  • Represented an investor in connection with an investment in mining rights in the Democratic Republic of the Congo.
  • Advised an Australia-based investment bank in the sale of its global cotton trading business.
  • Advised an Australia-based investment bank in the purchase of foreign exchange brokerage businesses in Illinois and Missouri.
  • Advised an Australia-based investment bank in its investment in a grain trading business.
  • Advised a Vietnamese state-owned enterprise in the purchase of California-based dairy farms.
  • Represented the pension plan of a publicly-traded company in connection with a majority investment in a privately-held dry bulk shipping company.
  • Represented an Australia-based investment bank in connection with the purchase of a jet card aviation business.
  • Represented a Vietnamese state-owned enterprise in a dispute regarding telecommunications investments in Colorado and California.
  • Represented a Cambodian state-owned enterprise in a dispute regarding a telecommunications investment in New York.