SEMESTER: Spring 2019

COURSE NUMBER: EWMBA 212B.11

This course is dual listed with the FT MBA program.

COURSE TITLE: Legal and Regulatory Frameworks for Energy and Infrastructure Project Finance

UNITS OF CREDIT: 1 Unit

INSTRUCTOR: Allan T. Marks

E-MAIL ADDRESS: marks@haas.berkeley.edu

PREREQUISITE(S): Completion of EWMBA Core Curriculum

MEETING DAY(S)/TIME: 3/3 and 3/10 from 9am to 5pm.

Please note the unusual format of this course, which meets all day on two Sundays.  You must attend both sessions in their entirety in order to earn a passing grade.

CLASS FORMAT: Lecture

REQUIRED READINGS: None

BASIS FOR FINAL GRADE: Final Exam

ABSTRACT OF COURSE'S CONTENT AND OBJECTIVES:
This course will explore the key commercial, legal, economic and policy issues affecting the development and financing of infrastructure projects, with special emphasis on practical concerns related to investments in alternative energy and other power generation facilities. Many of these topics will be raised in the context of comparative, real-world case studies of different types of energy and infrastructure projects.
By the end of the course, within the specific context of mobilizing capital to meet the growing demand for clean power and critical infrastructure, students should gain an understanding of the following general concepts:

• how commercial and financial interests, regulation, private contracts and market factors dynamically interrelate;
• how to optimize/analyze financing structures, leverage and investor return;
• how various project risks are identified, allocated, mitigated and priced, and the roles of contracts, hedges and insurance products in managing risk;
• how regulatory incentives and public policy choices either curtail or facilitate particular investment opportunities, often in unintended ways; and
• how finance plays a role in moving new energy technologies from lab to market, from small-scale deployments to large-scale, and across national borders.

CAREER FIELD: This course could be useful for MBA students looking to work in the fields of commercial or investment banking, private equity, corporate finance, corporate strategy, management, project or real estate development, economics, regulation, public policy or tax, especially if interested in careers related to the infrastructure, energy, transportation, natural resources, water or telecommunications sectors.

BIOGRAPHICAL SKETCH:
Allan Marks is a partner in the Global Project, Energy and Infrastructure Finance Group of Milbank, Tweed, Hadley & McCloy LLP and is based in the Firm's Los Angeles office. As part of a broad corporate and finance practice, he has represented companies involved in power, oil and gas, transportation, telecommunications, technology, real estate, and other industries. Mr. Marks represents developers, investors and lenders in the development, acquisition and financing of complex infrastructure projects, with special expertise in the energy, transportation and water sectors. Allan structures innovative commercial transactions and leads project financings, acquisitions, restructurings, securities offerings and private placements for a variety of sophisticated institutional clients throughout the Americas, Asia and Europe.  Allan Marks is an adjunct lecturer at University of California Berkeley School of Law and Haas School of Business.