Practice Focus

Mr. Fucci focuses his practice on the development and financing of infrastructure projects in the US and in emerging markets with a focus on energy. He has been lead counsel on independent power projects (IPPs) using both carbon-based and renewable fuels. He has advised on the installation of numerous distributed generation facilities (on-site) using combined heat and power (CHP) or cogeneration technologies. He also advises energy services companies (ESCOs) on energy efficiency projects carried out under energy performance contracts or demand side management programs. He has recent experience in solar power purchase agreements (PPAs) and utility-scale geothermal, hydroelectric, wind, and solar generation projects, as well as in a large-scale petroleum refinery development project.

He also devotes a significant portion of his practice to corporate transactions, including mergers, acquisitions, asset purchases and dispositions, joint ventures and the financing of start-up enterprises, with an emphasis on foreign companies investing or acquiring businesses in the US. In this context, Mr. Fucci provides general commercial and corporate advice for both US and foreign companies. He has drafted and negotiated numerous joint venture and commercial contracts, as well as supply of goods and equipment purchase agreements.

Over the course of his career, Mr. Fucci has become experienced in dispute resolution techniques such as international commercial arbitration and international judicial assistance in the aid of enforcement of judgments. He has acted as counsel to parties to disputes and as a neutral arbitrator in international arbitration proceedings under both International Chamber of Commerce (ICC) and International Centre for Dispute Resolution (ICDR) rules.

In the 1990s, he served as Project Counsel for the project financing of the 1200 MW Jorf Lasfar, Morocco thermal power plant and later for the development and financing of independent power projects in Mexico, Brazil, and other emerging countries.

In the context of his energy development work, Mr. Fucci has drafted and negotiated construction (engineering, procurement, and construction-EPC/design-build), equipment supply and operations and maintenance (O&M) agreements for power and process plants.

In 1993, Mr. Fucci served as an advisor seconded to the Investor Services Directorate of the Treunhandanstalt (German Privatization Agency) providing counseling to foreign investors on the procedures for purchasing state-owned companies and requirements of privatization contracts in the former East Germany.

Languages

• French, Italian, German (fluent)
• Spanish, Portuguese (working knowledge)

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