Overview

We advise our clients about the full range of corporate, commercial and compliance issues that affect the growth and development of businesses and industries involved with the treatment, use and management of water. Large public and private corporations, middle market and emerging growth companies, and a variety of investment funds and financial professionals turn to Thompson Hine to support their most important transactions. Clients rely on us to add value to their bottom lines by structuring innovative financing arrangements and creative deal terms. Our experience throughout the United States and around the world includes:

  • Mergers, acquisitions and divestitures
  • Joint ventures and strategic alliances
  • Venture capital, private equity and other private financing agreements
  • Initial public offerings
  • Public debt and secondary equity offerings (representing both issuers and underwriters)

We have the legal skills, experience and business knowledge required to assist clients with water-based transactions, including purchases and sales of water supplies and water rights and deals involving the treatment, transportation, storage, delivery, use and technology of water. We have counseled companies on all types of commercial matters including procurement, sales and service agreements, corporate governance, Sarbanes-Oxley compliance, securities, real property transfers, bankruptcy, creditors’ rights, marketing and advertising including claims substantiation, federal and state labor and employment matters, insurance and risk management, and compensation and benefits. Our finance experience includes equity placements, nonrecourse and limited recourse construction financing, term debt, mezzanine debt, leveraged leases, equipment leases, and public offerings of taxable and tax-exempt debt. We provide guidance on privatization, performance contracting and service contracting and structuring, among other areas. We also advise on public/private partnerships (P3s) and government procurement and have negotiated concession agreements involving both domestic and foreign projects.

P3s in particular have become a critically important way to provide infrastructure projects over the last two decades. P3s are in use in over forty countries. P3s in the United States are evolving in response to the public projects marketplace marked with tighter credit conditions and less government spending. P3s will not be suitable for all water projects. But the need for access to attract private sector financing for infrastructure development will support a significant role in many states for P3s over the next decade. We are supporting clients who create a P3 system for water projects that meets the new economic and risk models for the construction, financial sectors and federal, state and local governments.

Experience
Representative Experience
  • Representing YSI in the sale of its water technology business to Xylem, the water technology division of ITT.
  • Representing a global consumer products company in the acquisition and sale of water rights and manufacturing and distribution operations.
  • Counseling a worldwide consumer products company on formation of multinational strategic joint venture to purchase and operate consumer products brands, including water products.
  • Advising a leading nationwide home and office delivery (HOD) bottled water manufacturer and distributor on compliance with applicable laws and regulations in 48 states.
  • Counseling a multinational corporation on developing a sustainability plan, including water management practices for strategic corporate risk management purposes.
  • Advising on a water technology cluster and startup company financing and support in Southeast Ohio.
  • Counseling a multinational corporation on sustainability plans, including water management practices for strategic corporate risk management in domestic and international facilities.
  • Counseling a power plant operator on acquiring and maintaining water rights.
  • Counseling a nationwide food processor on acquiring water rights to expand production and open a new manufacturing and distribution facility.