Experience

Brian Nese is an associate in the Energy practice group. Brian represented clients in a variety of matters, including civil litigation, regulatory matters before federal and state agencies and enforcement proceedings brought by federal agencies.

Prior to joining Stoel Rives LLP, Brian was an associate at Stroock & Stroock & Lavan LLP, Los Angeles, California.

Representative Transactions

Energy Clients

• Assist solar and wind project developers to build, operate, buy and sell renewable energy projects.
• Assist solar and wind energy developers in the drafting and execution of real property right agreements, including leases, easements and license agreements.
• Assisted clients in drafting and negotiating O&M agreements, asset purchase and sale agreements, and other corporate transactions relating to the operation, transfer and sale of renewable energy projects.
• Assist in drafting of leases and power purchase and sale agreements for commercial and residential solar photovoltaic (PV) projects, EPC agreements, O&M agreements, and related transactions.

Litigation and Regulatory Matters

• Successfully defended power marketer in civil action brought by municipal utility seeking refunds for power sold into the California Power Exchange during the California Energy Crisis of 2000-2001.
• Successfully defended natural gas marketer in class action alleging antitrust and unfair competition violations in connection with retail natural gas markets.
• Successfully defended power marketer in refund action brought by state attorney general at the Federal Energy Regulatory Commission in connection with an auction for wholesale power contracts.
• Successfully defended power and gas marketer in investigation of natural gas and electricity markets brought by state attorney general and state public utility commission.
• Successfully defended power marketer in federal regulatory investigation of tariff violations.

Professional Honors & Activities

• American Bar Association
• Energy Bar Association
• Los Angeles County Bar Association
• Association of Business Trial Lawyers, San Diego

Civic Activities

• Mentor, University of Southern California Law Center
• PKD Foundation, Member

Publications

• Contributor, Alan Z. Yudkowsky and Peter F. Jazayeri, "The Future of Competitive Energy Markets," Platts Insight, Apr. 2005
• Contributor, Thomas Griffith, Federal Income Tax: Examples and Explanations, 4th ed. (with Joseph Bankman and Katherine Pratt) (Aspen Law & Business, 2005)
• Contributor, Robert Shafton, "Reciprocal Ethical Duties: The Arbitrator and Practicing Attorneys," Alternatives, (Nov./Dec. 2003)

Education

• University of Southern California Law Center, J.D., 2004
  Order of the Coif
• Southern California Law Review Staff, 2003-2004
• Georgetown University, B.A, 2000, cum laude

Admissions

• California
• U.S. Court of Appeals for the Ninth Circuit
• U.S. District Court for the Central and Southern Districts of California

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