We successfully resolved several disputes on behalf of the wind energy company

Davis Polk achieved the successful resolution of a complex commercial dispute between wind energy company First Wind Holdings and its turbine supplier, Clipper Windpower, as well as United Technologies Corporation, Clipper’s former parent company. The dispute stemmed from the unwinding of Clipper after it was spun off from UTC in a move that affected major players in the wind power industry.

In addition to advancing an arbitration proceeding pertaining to the dispute, our team initiated simultaneous litigation in New York, California and Iowa, seeking attachment of Clipper’s property in order to preserve the expected recovery in the arbitration. We were able to achieve a very favorable resolution for First Wind, which enabled the company to minimize the disruption caused by Clipper’s demise.

We also have represented First Wind in connection with a fire at the Kahuku Wind Farm in Hawaii and a variety of commercial disputes with JV partners and commercial counterparts.

The Davis Polk team included partners Frances E. Bivens and Neal Potischman. The members of the Davis Polk team are based in the New York and Northern California offices.

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