Andrew W. Scher

Andrew W. Scher

Of Counsel

Andrew W. Scher has wide-ranging experience advising clients on large and complex corporate transactions. He has primarily counseled companies in the electric and gas industries, leading to the construction of electric generating facilities with values in excess of $3 billion, including solar energy generating projects with values in excess of $900 million.

Concentrations

  • Corporate transactions
  • Oil and gas 
  • Solar energy projects

Capabilities

Experience

  • Lead counsel on acquisition and subsequent construction of series of eight utility scale solar electric generating facilities in California totaling 290MW and valued in excess of $500 million.
  • Lead counsel on acquisition and subsequent construction of series of six utility scale solar electric generating facilities in California totaling 120MW. Duties included “first chair” on due diligence efforts and negotiation of purchase and sale agreement.
  • Lead tax counsel to purchasers of a 50% interest in a company that leases and operates utility scale solar electric generating facilities in California totaling 110MW. Duties included negotiation of complex tax indemnities from seller and lessor.
  • Lead tax counsel to equity investors in wind power electric generating joint venture valued in excess of $460 million. Duties included negotiation of tax allocation and cash distribution provisions in LLC Agreement, and advising on tax structure of investment, including monetization of production tax credits and other tax benefits. This matter won in the Energy category in the 2012 ACG New York Champion's Awards. 
  • Tax counsel to solar affiliate of national home builder, advising on state and local tax consequences of solar ownership and operation in multiple jurisdictions.
  • Lead counsel to developer of four ground mounted photovoltaic electric generating facilities totaling 16MW located in New Jersey with a cost in excess of $60 million. Duties included negotiation of EPC Agreements, Interconnection Service Agreements, Interconnection Construction Agreements, and Land Lease Agreements.
  • Lead counsel to developer of 10MW ground mounted photovoltaic electric generating facility currently under development in Pennsylvania. Duties included negotiation of LLC Membership Interest Purchase and Sale Agreement and EPC Agreement.
  • Lead counsel to developer of two ground mounted photovoltaic electric generating facilities located in Massachusetts totaling 4MW. Duties included negotiation of EPC Agreements, SREC Purchase and Sale Agreement, Net Metering Agreement and Ground Lease.
  • Lead counsel to developer of seven ground mounted photovoltaic electric generating facilities located in Massachusetts totaling 18.5MW. Duties included negotiation of EPC Agreements, SREC Purchase and Sale Agreements, Net Metering Agreements and Ground Leases.
  • Conducted federal, state and local tax planning in connection with $1.5 billion sale of power plants in multiple jurisdictions, securing tens of millions in tax savings and benefits to the seller and buyer.°
  • Structured sales of power plants totaling $1.8 billion to qualify for tax-free “like-kind exchange” treatment .°
  • Negotiated various agreements leading to construction or acquisition of nearly $2 billion of fossil-fuel fired electric generating facilities.°
  • Secured tens of millions in awards or claim reductions in connection with disputes under Engineering, Procurement and Construction Agreements and Power Purchase Agreements.°

°The above representations were handled by Mr. Scher prior to his joining Greenberg Traurig, LLP.

  • General counsel and corporate secretary, North American Energy Alliance, 2008-2010
  • Assistant general counsel, Consolidated Edison Company of New York, 1997-2008

Recognition & Leadership

  • Team Member, Corporate Board Member magazine and FTI Consulting Inc., one of "America’s Best Corporate Law Firms," 13th Annual Legal Industry Study, 2013
  • Team Member, Lexology’s Client Choice Award USA & Canada, United States: New Jersey, 2013
  • Member, Winning Team, ACG New York Champions Awards, Energy, 2012
  • American Gas Association Tax Committee
    • Chairman, 2007-2008
    • Vice Chairman, 2006-2007

Credentials

Education
  • LL.M., New York University School of Law, 1989
  • J.D., Rutgers School of Law - Newark, 1985
    • Recipient, Prentice Hall Student Award in Taxation
  • B.S., Fairleigh Dickinson University, 1980
  • Certified Public Accountant (inactive), 1982
Admissions
  • New Jersey
  • New York