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 (including liquified natural gas terminals), 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, liquified natural gas, 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.