Mr. Barclay has been a partner in the law firms of Dickstein Shapiro LLP, Torys LLP, King & Spalding LLP, and Porter and Travers LLP, and began his legal career as one of the founders of the Project Finance Practice of Chadbourne & Parke LLP. From 1988 to 1992, he was a Vice President and Senior Project Finance banker at Citibank N.A in New York City, where he was responsible for originating, structuring, underwriting, and syndicating large non-recourse financings for power and infrastructure projects, and he has been a Managing Director of Marathon Capital, LLC, an investment banking firm specializing in providing M&A and financial advisory services to clients in the global renewable energy and power infrastructure industries.
Mr. Barclay has founded and chaired major conferences of the competitive power industry for twenty-five years, currently including the annual Infocast Projects & Money Conference. For a decade he hosted the Energy and Environmental Funders Forum for the New York State Center for Economic Environmental Partnership, while serving as a Director of the New York State Environmental Industries Association. Mr. Barclay has served as a Director of several start-up companies in the energy field, including Endur, Inc., Ice Energy, Inc., EtherMetrics LLC, and E3 Greentech Enterprises, Inc. He was a Member of the Board of Directors of Maxim Power USA, Inc., a merchant power producer with five gas-fired generating stations in New England and Montana, and he is currently a co-founder and Director of PowerPHASE, LLC, an international manufacturer of highly efficient turbochargers for large gas turbines.
Mr. Barclay also served as an Officer in the United States Army.
- Formation and funding of a development joint venture for a $2 billion pumped storage hydroelectric and transmission project in Southern California.
- Formation and funding of a development joint venture for a $1 billion closed-loop pumped storage hydroelectric project in Nevada.
- Negotiating and closing a $30 MM ‘A’ round from strategic investors, for an emerging manufacturing company selling patented products into global markets, and considering inversion options.
- General outside counsel services to a boutique investment bank that is perennially the leading renewable energy M&A advisor in the U.S.
- General outside counsel services to an early stage registered broker-dealer using a proprietary unique and patented big data online platform to facilitate project financing for otherwise under-banked mid-market renewable energy projects globally.
- General outside counsel services including commercial agreements and joint venture structuring for the first woman-owned renewable energy and carbon trading company in the United States.
- General outside counsel services for a renewable energy development/ownership joint venture of three experienced and successful project developers and financiers.
- Structuring and registration of a Yieldco IPO for an OTC-listed developer/owner/operator of industrial cogeneration facilities, including negotiation and drafting ancillary operations and governance agreements among the development subsidiary LLC and the publicly-held parent/sponsor.
- Representation of the leading Clean Heat & POwer developer, owner and operator in the United States on its successful initial public offering on the New York Stock Exchange.
- Representation of an income trust holding a U.S. company with 30 landfill gas facilities across the Eastern United States in regards to its successful initial public offering on the Toronto Stock Exchange.
- Representation of an income trust holding four bottoming cycle gas-fired cogeneration projects in Northern Indiana in relation to its successful initial public offering on the Toronto Stock Exchange.
- Advising on the going-private sale of an NYSE-listed Clean Heat & Power developer/owner/operator to the U.S. subsidiary of a French transnational conglomerate.
- Advising the Canadian TSX-listed owner of U.S power generating facilities in its sale to a U.S. independent power producer in a going-private sale transaction.
- Structuring a unique debt-based venture capital fund to finance and own inside-the-fence cogeneration facilities in commercial buildings, including all commercial arrangements to actuate the underlying business transactions supporting the debt.
- The formation of a joint venture aimed at private investment in inside-the-meter renewable energy projects for schools, and structuring its net metering agreements with developers and utilities.
- Negotiating and drafting joint technology and joint product development agreements for a startup carbon nanotech manufacturing company.
- Negotiating leases with leading drillers, for a family-owned corporation, to provide for the exploitation of natural gas reserves in Pennsylvania through hydrofracturing (fracking) while preserving the essential historical and recreational significance of the property for future generations.
- Dissolution of a 50/50 joint venture of a private individual and the subsidiary of a large public utility holding company with patented compressed air energy and power augmentation storage technologies.
- Developing a combination desalination, energy beet-to-ethanol, cogeneration and digester facility in California’s Central Valley.
- Commercial and legal structuring of a large underground compressed air energy storage project at a unique geological formation in the Midwest United States.
- The sale of 50 MW of distributed thermal energy storage systems for commercial air conditioning to the Southern California Public Power Authority, a group of customer-owned electric utilities including the Los Angeles Department of Water and Power.
- Acquiring four gas-fired power projects in four states, including one cogeneration facility from three different sellers, including one regulated electric utility, for a Calgary-based independent power owner/operator.
- Acquiring two 50 MW gas-fired industrial cogeneration facilities in California for a Canadian income fund.
AWARDS AND RECOGNITION
- Best Lawyers New York, Best Lawyers (BL Rankings LLC), 2012-current.
- AV Preeminent Ethical Standards and Legal Ability, Martindale-Hubbell (Internet Brands), 1997-current.
- Quoted, “Investor Watch: Bernhard Capital Targets US Municipal Utilities” Inframation News (May 2020)
- Author, “Blockchain’s Value Propositions and Business Development Opportunities” Blockchain World Congress (September 2016)
- Author, “Changing Everything Again: Applying Blockchain Technology to the Power Industry” Power Finance & Risk (September 2016)
- Co-author, “The Bitter Pill of Competition Within Large Law Firms” Law 360 (November 2015)
- Co-author, “Post-Stimulus Legislation for the Renewable Energy Industry,” The Green Economy (June 2010)
- Co-author, Opinion: The Recovery Act and the Green Economy One Year Later,” The Green Economy (April 2010)
- Author, “A New PURPA for Green Schools?,” Electric Light & Power (March/April 2009)
- Co-author, “Limiting Foreign Investment—the Impact of FINSA on the U.S. Utility and Power Sector,” EnergyBiz Magazine (January 2007)
- Co-author, “Pragmatic Environmental Diligence Needed to Stay Competitive in Acquisition Race,” Natural Gas & Electricity (April 2007)
- Co-author, “Cross-border Liquidity for U.S. Issuers,” Canadian Legal Lexpert Directory 2007 (April 2006)
- January 14, 2020 “The Infocast Projects & Money Summit” Chair