Overview
Bo Harvey is a member of the firm’s Energy Development practice. He represents energy clients and financial institutions in connection with a wide variety of matters. He has particular expertise in negotiating and structuring energy hedges, swap and derivative transactions, and providing related regulatory advice concerning the Dodd-Frank Act and Commodity Futures Trading Commission regulations. In addition, he counsels clients with respect to the structuring of power purchase and offtake agreements generally. More broadly, he also represents energy developers in connection with the development, acquisition, and sale of renewable energy projects.
Earlier in his career, Bo worked in California and New York for international law firms, and as assistant general counsel for a global alternative asset manager. In those roles he advised clients on a variety of swaps, trading agreements, structured physical and financial commodity transactions, and related regulatory matters. He also spent time clerking for an appellate court in Guam.
Education
Duke University School of Law, J.D., 2009
Duke University Fuqua School of Business, MBA, 2009
University of California, San Diego, B.A.
Admissions
California
New York
Experience
- Representation of solar developers in the acquisition, development, and sale of solar energy generation projects throughout the U.S.
- Representation of an alternative asset manager with over $30 billion AUM on various futures and trading agreements, real-estate related swaps, and Dodd-Frank compliance matters.
- Representation of private equity investment consisting of equity and mezzanine debt in a company designing custom power and energy storage solutions.
- Negotiation of offtake arrangements in connection with solar projects generating LCFS credits.
- Representation of multinational corporations and financial institutions in the entry into ISDA Master Agreements and a variety of physically settled and cash-settled hedging and swap transactions.
- Representation of energy industry participants in structuring offtake and hedging arrangements for renewable energy projects.
- Advised end-users and financial entities on Dodd-Frank Act rules, including Title VII swap and security-based swap rule implementation, as well as compliance with ISDA protocols and CFTC/SEC requirements.
- Representation of banks and hedge funds on a variety of commodity- and equity-linked structured note programs.
- Negotiation of physical gas and power transactions under NAESB and EEI Master Agreements.
- Representation of financial institutions on accelerated share repurchase transactions and other equity buyback programs.
Insights
Insights & Presentations
- Co-author, “Power Purchase Agreements: Utility-Scale Projects,” Chapter 3 of The Law of Solar Energy: A Guide to Business and Legal Issues, Stoel Rives LLP, Sixth Edition, 2022
- Co-author, “Power Purchase Agreements and Environmental Attributes,” Chapter 7 of The Law of Wind: A Guide to Business and Legal Issues, Stoel Rives LLP, Ninth Edition, 2022
- Co-author, “Election Season Special: 2021 Candidates for LIBOR Replacement,” Futures and Derivatives Law Report, November 2020
- “LIBOR Transition Will Begin to Accelerate as 2021 Approaches,” Stoel Rives Renewable + Law® blog, October 29, 2020
- Author, “Proxy Revenue Swaps: Drafting and Negotiation,” Lexis Practice Advisor, October 2020
- “California CCAs, including San Diego Community Power, Receive Proposed Decision for 2019 RPS Plan,” Stoel Rives Renewable + Law® blog, August 31, 2020
- “CFTC Proposed Rule Benefits Certain Financially-Settled Offtake Arrangements,” Stoel Rives Renewable + Law® blog, February 21, 2020
- “San Diego Joins Community Choice Aggregation Program—Set to Launch in 2021,” Stoel Rives Renewable + Law® blog, October 1, 2019
- Co-author, “High Frequency Trading: The Path Forward For Market Liquidity And Stability,” Risk & Compliance, January–March 2017
- Co-author, “Blockchain Risk Factors in Securities Offerings and Filings,” Information Law Journal, Winter 2017
- Co-author, “Blockchain for Financial Services Lawyers: What It Is, Why It Matters, and Possible Regulatory Responses,” Lexis Practice Advisor, July 18, 2016
- Co-author, “Margin Rules for Uncleared Swaps and Understanding Impact on Documentation,” Lexis Practice Advisor, July 14, 2016
- Co-author, “Better Later Than in Error: Harmonizing Global Swap Data Reporting Timeframes,” Futures and Derivatives Law Report, July 2015