Lexpert Special Editions

Special Edition on Energy -Nov 2015

The Lexpert Special Editions profiles selected Lexpert-ranked lawyers whose focus is in Corporate, Infrastructure, Energy and Litigation law and relevant practices. It also includes feature articles on legal aspects of Canadian business issues.

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Crossman, Anthony J. (Tony) Blake, Cassels & Graydon LLP (604) 631-3333 tony.crossman@blakes.com Mr. Crossman represents public and private com- panies, governments & regulators on environmental regulation and management, corporate compliance & due diligence & litigation matters. He assists clients with identifying & managing environmental risks. Curpen, Radha D. Bennett Jones LLP (416) 777-7497 curpenr@bennettjones.com Ms. Curpen specializes in regulatory matters, en- vironmental, Aboriginal & including transportation of dangerous goods. She advises on regulatory compliance and crisis prevention and management, particularly in the natural resource & chemical sectors. Dahme, Harry J. Gowling Lafleur Henderson LLP (416) 862-4300 harry.dahme@gowlings.com Mr. Dahme has expertise in the full range of environ- mental law services, with particular expertise in renewable energy approvals, environmental assessment and environmental approv- als, water and wastewater, brownfield remediation and waste management. Crowther, QC, Douglas E. Dentons Canada LLP (403) 268-6821 douglas.crowther@dentons. com Mr. Crowther co-leads the Energy Sector Group. His practice includes pipeline, electricity and other facility approvals, tolls/tariffs and utility rates. He appears before the NEB, the Alberta Utilities Commission and other energy regulators. Cusano, Luigi A. (Lou) Torys LLP (403) 776-3797 lcusano@torys.com Mr. Cusano's practice focuses on administrative, regulatory and environmental law and commercial litigation in the energy sector (electricity and oil and gas). Danahy, Jennifer Gowling Lafleur Henderson LLP (416) 369-7290 jennifer.danahy@gowlings.com Ms. Danahy is a Certified Specialist (Environmental Law), an experienced litiga- tor handling civil claims, defence of environmental charges and administrative appeals, and a regulatory lawyer handling the full range of environmental law matters. 12 | PRIVATE EQUITY LEXPERT ® RANKED LAWYERS as partners on specific energy deals. "at's maybe the biggest driving force of this whole game. e big- gest investors in the [Warburg Pincus LLC] and KKRs of the world are the pensions," Mercury says, referring to big private equities from the US now active in Calgary. Ontario Teachers' Pension Plan invested as a partner with ARC Fi- nancial to create Aspenleaf Energy, a portfolio company that is now acquir- ing oil and gas properties. Another case in point is Black Swan Energy, which announced in June it would acquire Carmel Bay Exploration for about $200 million, with the backing of Warburg Pincus, Canada Pension Plan Investment Board and KERN. Bennett Jones's Calgary managing partner, Perry Spitznagel, says a new attraction for PEs, and particularly for the pension funds, is the trend by certain oil companies to raise needed cash by spinning off royalty freehold assets into separate subsidiaries. While the Alberta Government owns oil and gas rights on 81 per cent of the land in the province, the re- maining 19 per cent is freehold land with mineral rights included. Leading examples are Cenovus Energy Inc. and Encana Corp., heirs of Canadian Pacific Railway, which was given huge tracts of freehold land in payment for construction of the transcontinental railway. Both Cenovus Energy Inc. and Encana Corp. recently created subsidiaries with mandates to gener- ate revenue streams by leasing out largely untapped freehold lands to exploration companies in return for "WHEN [PRIVATE-EQUITY INVESTORS] hear about assets in distress, that may all be quite interesting, but without the right management team it means very little. These investors will put $300 to $400 million behind a management team with no assets."– John Mercury, Bennett Jones LLP

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