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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Borden, Richard P. Norton Rose Fulbright Canada LLP (403) 267-8362 rick.borden@nortonroseful- bright.com Mr. Borden focuses on large projects, financing and JVs in the energy sector, including oil sands, pipelines and LNG projects. He counsels on structuring, due diligence, negotiation and draing. His clients include major banks and sponsors. Bouchard, Lucien Davies Ward Phillips & Vineberg LLP (514) 841-6515 lbouchard@dwpv.com Mr. Bouchard is a partner in the Corporate/Commercial, Litigation, M&A, Energy and Mining practices. He advises large corporations on strategic issues and policy matters in addition to acting as negotiator and mediator for significant disputes. Bouvette, Sylvie Borden Ladner Gervais LLP (514) 954-2507 sbouvette@blg.com Ms. Bouvette has over 23 years' experience repre- senting clients in connection with the development, acquisition, joint ventures, partnership and financing of hydro, biomass and wind farm projects, and has been involved in the energy industry. Borduas, Robert G. Norton Rose Fulbright Canada LLP (514) 847-4524 robert.borduas@nortonroseful- bright.com Mr. Borduas is a Canadian practice leader in project finance. He has represented lenders and borrowers in several large energy projects including wind farms and gas storage facilities. Bourassa, Philippe Blake, Cassels & Graydon LLP (514) 982-4061 philippe.bourassa@blakes.com Mr. Bourassa's key practice areas include energy and infrastructure projects. He advised developers and institutional investors on the development and acquisition of some of the largest hydro- electric, wind, solar and biomass projects in Canada. Braithwaite, William J. Stikeman Elliott LLP (416) 869-5654 wbraithwaite@stikeman.com Chair of the firm and member of the Executive Committee. Senior partner in the Toronto office with transactional prac- tice focusing primarily on public M&A. Also advises boards and shareholders as well as governments and regulators on policy matters. Janice Buckingham, energy lawyer with Osler, Hoskin & Harcourt LLP. Neal Ross, Buckingham's colleague at Osler, puts it another way: "No one is getting into this so they can be here 20 years later." He says exceptions to the rule are MEG Energy, Seven Generations Energy, Northern Bliz- zard and Gibson Energy, where PE back- ers elected to retain their investments aer initial public offerings (IPOs). But the vast majority of those 960 oil companies are born to be sold off or consolidated once they've built up sufficient value. 8 | PRIVATE EQUITY LEXPERT ® RANKED LAWYERS Derek Flaman of Torys LLP says deal making was slowed in the first half of 2015 by a significant gap between bid and ask prices for energy assets. But prolonged price weakness has soened asking prices in recent weeks. He adds that private equities are particularly suited to tough times in the oil patch because of their ability to conduct intensive analysis before taking controlling positions in carefully chosen companies. "Since June, the dial has really been turned up," says Neville Jugnauth, Flaman's partner at Torys in Calgary. "Private equity fits the Calgary model and currently it's driving the model." e long-established Calgary model is for a young engineer or geo-scientist to work 10 to 20 years learning the ropes at a major oil company before forming a group of similarly expert, middle-aged tyros to go forth and conquer the energy world. A leading example is the team led by energy accountant Mike Culbert, who re- mains president and CEO of Progress En- ergy aer selling the company to Petronas of Malaysia for $5.5 billion in 2012. But the acknowledged archetype is geologist Mike Rose, who worked 14 years for Shell Cana- da before striking out with a few friends in the early 1990s. In 2001, they sold their first vehicle, Berkley Petroleum, for $777 mil- lion, and in 2008 they sold Duvernay Oil Corp. to Shell for $5.25 billion. Rose's lat- est effort, Tourmaline Oil Corp., now has a market capitalization of about $7 billion. And, while his is the name to conjure with, there are hundreds of others engaged in the business of making themselves and others rich through the trade in hydrocarbon as- sets. While some crash and burn, others go on to glory. "It's a very entrepreneurial culture," says "WE'RE ALSO STARTING to see private equity coming from China. [This could raise national security concerns and] it's going to be interesting to see how Investment Canada is going to handle that."– Alicia Quesnel, Burnet, Duckworth & Palmer LLP

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