John M. Eustermann

Experience

John Eustermann's practice focuses on renewable energy/fuels, particularly with regard to project development and finance. John represents a significant number of renewable energy concerns in the solar, geothermal and bioenergy/biofuel space and assists them with project development, fuel/power production, sales and marketing transactions both nationally and internationally. He is experienced in the structuring and formation of joint and special purpose ventures, strategic alliances and transactional matters in connection with bringing such developments on-line. John also has significant experience in structuring and negotiating construction/EPC agreements, critical-path procurement transactions and complex licensing, distribution, risk management, sales and marketing arrangements for clients engaged in both agriculture- and energy/fuels-related projects.

In addition, John has extensive experience in the areas of entity formation, equity financing, mergers, acquisitions and divestitures. He has developed sophisticated entity structures, joint ventures and other business structures on behalf of developers and investors across the United States.

John has also represented a significant number of manufacturing companies in the high-tech and software arenas and has experience drafting and negotiating distribution agreements, license agreements, software development agreements, research and development agreements, and technology transfer agreements.

Professional Honors & Activities

• Listed in Best Lawyers in America, 2009-2011
• Selected as one of "America's Leading Lawyers for Business" (Idaho) by Chambers USA (Natural Resources and Environment), 2008-2009
• Chair, Idaho Strategic Energy Alliance Economic Development and Finance Task Force, as appointed by Idaho Governor Butch Otter, 2008
• Co-chair, Terralex Energy Practice Group, 2008
• Member, Leadership Boise, 2006-2007
• Board of Directors, Opera Idaho, 2005-2006
• Member, Boise Metro Economics Development Council, Venture Capital Steering Committee, 2004-2005
• Board of Directors, Family Advocate Program of Idaho, 2003-2005
• Recipient, Idaho Business Review Accomplished Under 40 Award, 2002
• Member, Institute of Certified Managerial Accountants

Presentations

• Panelist, "Elements of Biopower Success"; speaker, "Anaerobic Digestion and Waste to Energy," Renewable Energy World Conference & Expo North America, Austin, Texas, Feb. 23-25, 2010
• Speaker, "Successfully Bringing a Project to Commercial Operations"; panelist, "The Resurgence of Biomass Facilities: What You Need to Know to Develop, Permit and Finance Your Project," World Ag Expo, Tulare, California, Feb. 9, 2010
• Moderator, "Getting Started: Site Selection, Feedstock Assessments, and Fatal Flaw Analysis"; moderator, "Building Momentum: PPAs, EPC Contracts and Project Readiness," Pacific West Biomass Conference & Expo, a Biomass Magazine event, Sacramento, Jan. 11-13, 2010
• "Advanced Biofuels: What Are the Commercial Possibilities? Why All the Interest in Algae?" The Energy Daily and Clean Energy Daily webinar, Aug. 2009
• Co-presenter, "Bring Energy 'Home': Understanding Alternative Energy Economic Development Opportunities," PNEDC Economic Development Leadership Summit E3: The Next 50 Years in Economic Development, Energy and Entrepreneurship, Boise, Jul. 12-16, 2009
• "Alternative Feedstocks and Co-Location Arrangements," International Fuel Ethanol Workshop & Expo, Denver, Jun. 15-18, 2009
• Co-presenter, "Deal Structure Finance - Developing the Project with Financing in Mind," CLE International: Renewable Energy Finance, Denver, Feb. 18, 2009
• "Financing the Future," Northwest Energy Innovations Summit, Boise, Jan. 2009
• "Getting Out from Under the Securities and Exchange Commission Reporting," 2008 Fuel Ethanol Workshop and Expo, Nashville, Jan. 2008
• "Biofuel Legislation," World Biofuels Markets 2008 Expo, Brussels, Belgium, Mar. 2008
• "Raising Equity," Biofuels Workshop and Tradeshow West Conference, San Diego, Nov. 2007
• "Bringing a Project On-line," Biofuels Workshop and Tradeshow West Conference, San Diego, Nov. 2007
• "Project Development in the U.S.," Biofuels & Feedstock Philippines, Manila, Philippines, May 2007
• "Selling Out – Assets or Stock," Institute of Management Accountants (Boise Chapter) Annual Speakers Series, Boise, Mar. 2007
• "Steps to Get Your Project Completed," Harvesting Energy Summit, Salt Lake City, Feb. 2007
• "The Creation of and Difference Between Corporations, Partnerships, LLPs and LLCs ," Idaho Bar CLE, Boise, 2005

Publications

• "Managing Construction Risk," Biomass Magazine, June 2010
• "Creditworthiness Key to Biomass Project Success," Biomass Magazine, March 2010
• "Avoiding Risks When Allocating Risk in Key Project and Transaction Documents," Biofuels Canada, 2010
• "Consider All Financing Options in the Global Green Economy," Biomass Magazine, December 2009
• Quoted in Lisa Gibson's "Securing Strategic Investors," Biomass Magazine, November 2009
• Quoted in Anna Austin and Lisa Gibson's "In Pursuit of Loot," Biomass Magazine, September 2009
• "Don't Overlook Biomass Stimulus in Farm Bill," Biomass Magazine, June 2009
• Quoted in Bryan Sims', "Coming Clean," Ethanol Producer Magazine, April 2009
• "Supply-Side Considerations of a Biomass Development," Bioenergy Canada, April 2009
• "Loan Guarantees Under the American Recovery and Reinvestment Act of 2009," Biomass Magazine, April 2009
• Coauthor, "Renewable Energy Aspects of the American Recovery and Reinvestment Act," Biofuels International, March 2009
• "Document Review in the Face of Plant Optimization Activities," Bioenergy Canada, Februar 2009
• "Managing Contractual Relationships in a Turbulent Economy," Biomass Magazine, January 2009
• "What to Consider When Modifying a Plant," Biofuels International, November 2008
• Coauthor, "Carbon Credit Trading Legislation and Agriculture," Climate Change: Litigation, Regulation and Risk 93, 2008
• "Plant Optimization Activities and Other Considerations," Ethanol Producer Magazine, October 2008
• "Committing to Carbon Credits," Biofuels International, July 2008
• "U.S. Biofuel Producers Are Wise to Commence Carbon-Based Transaction Planning," Biofuels International, June/July 2008
• "Capturing the Value of Carbon Credits in Biofuels Projects," Ethanol Producer Magazine, April 2008
• "Raising Equity Through Public Securities Offerings," Ethanol Producer Magazine, October 2007
• "Dealing with Uncertainty in Operational Contracts," Ethanol Producer Magazine, June 2007
• "Dealing with Risks in Ethanol Plant Development," Ethanol Producer Magazine, March 2007
• "Business Class: It's a Gas. Is Ethanol the Next Big Investment Opportunity?" Wild Blue Yonder, Frontier Airlines' in-flight magazine, October 2006

Education

• University of Puget Sound, J.D., 1994
• University of Notre Dame, M.B.A., 1989
• University of Notre Dame, B.A., 1987

Admissions

• Idaho
• California
• Oregon
• Washington

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