Ben Clark has extensive experience representing the energy industry in mergers and acquisitions, joint ventures and strategic alliances. Ben’s energy client base includes electric and gas utilities, pipelines, refineries, commodity trading firms and oilfield service companies.
He negotiates and finalizes acquisition agreements, structures the preferred sale or auction process, and manages all related aspects of the transaction. Ben recently represented a commodity trading firm in the acquisition of a metals trading business; an oilfield services company in the acquisition of an oilfield technology concern and an energy holding company in its acquisition of a natural gas home appliance warranty business.
Ben currently serves as a member of the Eversheds Sutherland Global Board.
Awards and Rankings
Recognized by The Legal 500 United States in the area of energy regulatory: oil and gas (2017) and energy transactions: oil and gas (2018-2019)
Publications
Legal Alerts
Legal Alert: Master Limited Partnerships: Proposed Tax Regulations Scale Back Activities Giving Rise to Qualifying Income (June 24, 2015)
The Treasury Department (Treasury) and the Internal Revenue Service (Service) have issued proposed tax regulations (Proposed Regulations) that provide guidance on, and significantly scale back, the ...
Articles
M&A Outlook for Oil and Gas Deals (October 2, 2015)
Oil & Gas Monitor
The low oil price environment has hampered upstream oil and gas merger and acquisition activity so far in 2015, while the number of deals in the midstream segment has been increasing. According to ...
News
In the News
Sutherland Attorneys Manage Wind, Gas and Oil Deals (December 4, 2015)
Daily Report
In an article published by the Daily Report, a number of Sutherland attorneys in Atlanta, Houston, New York and Washington DC are recognized for handling three energy deals in wind, natural gas and ...
Apollo, Freepoint Sink $110M Into New Offshore Energy Co. (August 19, 2013)
Law360
Apollo Global Management LLC, the credit arm of private equity firm Summit Partners LP and commodity merchant Freepoint Commodities LLC, said Monday they have bought two oil and gas blocks off the ...
Press Releases
19 Eversheds Sutherland Practice Areas, 87 Attorneys Named Among Nation’s Best in 2019 Legal 500 United States (June 10, 2019)
Eversheds Sutherland is pleased to announce that 19 practice areas and 87 attorneys have been recognized in the 2019 edition of The Legal 500 United States, a comprehensive survey of legal service ...
18 Eversheds Sutherland Practice Areas, 68 Attorneys Named Among Nation’s Best in 2018 Legal 500 United States (May 30, 2018)
Eversheds Sutherland (US) LLP is pleased to announce that 18 practice areas and 68 attorneys have been recognized in the 2018 edition of The Legal 500 United States, a comprehensive survey of legal ...
Eversheds Sutherland (US) Elects Two New Executive Committee Members; Partner Cynthia Krus Elected to Leadership Position (June 5, 2017)
Eversheds Sutherland (US) LLP is pleased to announce the election of two new members to the firm’s Executive Committee: Partners Ling Ling and Rocco E. Testani. Additionally, Partner Cynthia M. Krus, ...
19 Eversheds Sutherland (US) Practice Areas, 58 Attorneys Named Among Nation’s Best in 2017 Legal 500 United States (May 31, 2017)
Eversheds Sutherland (US) LLP is pleased to announce that 19 practice areas and 58 attorneys have been ranked in the 2017 edition of The Legal 500 United States. Legal 500 is a comprehensive survey ...
Sutherland Represents Schoeller-Bleckmann Oilfield Equipment in Acquisition of Downhole Technology (April 1, 2016)
HOUSTON-Sutherland Asbill & Brennan LLP is pleased to announce that the firm represented global oilfield equipment supplier Schoeller-Bleckmann Oilfield Equipment AG (SBO) in its acquisition of ...
Sutherland Represents Freepoint Commodities in Joint Acquisition of St. Croix Oil Storage Terminal (December 2, 2015)
HOUSTON-Sutherland Asbill & Brennan LLP is pleased to announce that the firm represented commodities merchant Freepoint Commodities LLC, in a joint venture with private equity firm ArcLight Capital ...
Sutherland Represents Freepoint Commodities in Acquisition of J.P. Morgan Concentrates Business (May 3, 2012)
ATLANTA, HOUSTON, NEW YORK, and WASHINGTON (May 3, 2012) - Sutherland Asbill & Brennan LLP advised Freepoint Commodities LLC in the negotiation of a definitive agreement to acquire J.P. Morgan Metals ...
Sutherland Advises Schoeller-Bleckmann Oilfield Equipment AG in Acquisition of Drilling Systems International Ltd. (September 17, 2010)
HOUSTON (September 17, 2010) - Sutherland Asbill & Brennan LLP is advising Schoeller-Bleckmann Oilfield Equipment AG (SBO) in its acquisition of 100% of Drilling Systems International Ltd. SBO will ...
Sutherland Strengthens Energy Practice in Houston with Addition of M&A Partner (January 6, 2010)
HOUSTON (January 6, 2010) - Sutherland Asbill & Brennan LLP announced today that Benjamin G. Clark, a Houston corporate attorney who has practiced energy law in Texas for approximately 30 years, has ...
Experience
Representing companies in complicated mergers and acquisitions throughout the energy sector
Experience
Represented Freepoint Commodities LLC in its joint venture with ArcLight Capital Partners, LLC to acquire certain storage terminals, refining units and marine infrastructure at the former Hovensa refinery in the US Virgin Islands.
Represented an international commodity trading firm in its majority investment in the owner of an offshore oil platform in the Gulf of Mexico
Represented Schoeller-Bleckmann Oilfield Equipment AG in its acquisition of a majority interest in Downhole Technology, LLC, a manufacturer of parts and products used in well drilling and fracturing operations.
Represented Freepoint Commodities LLC in a bid to acquire the retail energy business of a national retail energy provider
Represented Noble Americas in several bids to acquire retail energy providers and various natural gas trading portfolios
Represented an energy trading company, acting as an offtaker at a combined cycle power plant in New Jersey, in connection with the construction of a lateral natural gas pipeline and negotiation of related agreements
Represented an Oklahoma cooperative in the sale of an intrastate pipeline and related assets
Represented a retail electric service provider in the sale of its Texas retail electric business to a Texas-based private equity fund.
Represented an international oilfield service company in the acquisition of a global oilfield service technology firm and advised on related IP matters.
Advised Freepoint on the negotiation of a definitive agreement to acquire J.P. Morgan Metals & Concentrates LLC, a leading global merchant of physical base metal concentrates and copper cathodes.
?Represented Freepoint Commodities LLC in connection with its participation in the equity financing and corporate restructuring of the Limetree Bay refinery restart project in St. Croix.
Publications
Legal Alerts
Employer-sponsored group health plans-COVID-19 guidance and legislation (March 27, 2020)
On March 27, Congress passed the Coronavirus Aid, Relief and Economic Security Act (the CARES Act), which provides sweeping relief to employers and employees through tax credits, expanded retirement ...
Congress delivers a CARES package to employers, and other recent developments (March 27, 2020)
On March 27, Congress passed the Coronavirus Aid, Relief and Economic Security Act (the CARES Act), which provides sweeping relief to employers and employees through tax credits, expanded retirement ...
Legal Alert: COVID-19 Update: President Trump signs federal paid leave law (March 20, 2020)
On Wednesday, March 18, President Trump signed the Families First Coronavirus Response Act, which includes new requirements for paid sick leave, an expansion of the Family and Medical Leave Act ...
Emerging benefit plan issues relating to the coronavirus (March 11, 2020)
As employers prepare their workforces for issues related to COVID-19, they should also take steps to ensure that their benefit plans are prepared. The impact of the virus will put a financial and ...
Supreme Court holds that longer ERISA statute of limitations applies in Intel case (February 28, 2020)
The U.S. Supreme Court ruled on February 26, 2020 that ERISA plaintiffs do not gain “actual knowledge” of fiduciary misconduct merely by receiving financial disclosures from the plan. The unanimous ...
2019 in review - ERISA guidance (January 15, 2020)
In 2019, the Department of Labor (DOL) continued its trend of providing limited advance guidance under the Employee Retirement Income Security Act of 1974, as amended (ERISA). By volume, the amount ...
Congress delivers SECURE and more in year-end benefits bonanza (January 3, 2020)
On December 20, 2019, President Trump signed into law the Further Consolidated Appropriations Act, 2020 (the “Appropriations Act”), a comprehensive government funding bill that includes substantial ...
Legal alert: Full stop-Funding bill repeals Cadillac Tax and includes other provisions impacting group health plans (January 2, 2020)
On December 20, President Trump signed the Further Consolidated Appropriations Act, 2020 (the “Act”), a year-end spending bill that includes key provisions that will affect employer-sponsored benefit ...
Transparency in coverage rule-Potential implications for self-insured health plans (December 3, 2019)
On November 15, the Department of Health and Human Services, the Department of Labor, and the Department of the Treasury (collectively, the “Agencies”) issued a proposed Transparency in Coverage ...
A website for sore eyes - DOL proposes electronic disclosure regulations (October 28, 2019)
On October 23, 2019, the United States Department of Labor (DOL) published proposed regulations that would add a new safe harbor for the use of electronic disclosures by retirement plans subject to ...
Articles
Emerging Coronavirus Issues For Employer Benefit Plans (March 13, 2020)
Law360
As employers prepare their workforces for issues related to COVID-19, they should also take steps to ensure that their benefit plans are prepared. The impact of the virus will put a financial and ...
US Cybersecurity and Data Privacy review and update: Looking back on 2019 and planning ahead for 2020 (February 4, 2020)
In collaboration with Eversheds Sutherland attorneys Paula Barrett, Jake McQuitty, Craig Rogers, Jennifer Van Dale, Rhys McWhirter and David Cook .
The reality of cybersecurity and data privacy threats and regulations proved a sobering one for many companies in 2019.The cost of data privacy began to hit home in January, with French ...
Playing it safe: Cybersecurity risks to retirement plans (Fall 2019)
Partnering Perspectives
Companies are increasingly moving from paper records to electronic records, and retirement plan records are no exception. With the significant data breaches in recent years and the prevalence of ...
Securing retirement: 401(k) plan cybersecurity (August 27, 2019)
SHRM
Retirement plan participants are becoming increasingly reliant on online platforms, including mobile phone apps, to access and monitor their 401(k) plan accounts. At the same time, these types of ...
Cybersecurity and Data Privacy review and update: Looking back on 2018 and planning ahead for 2019 (March 1, 2019)
From the implementation of the GDPR to the passage of the CCPA, the year 2018 proved to be a monumental one for cybersecurity and data privacy. Regulators from around the world responded to ...
Action Items for Retirement Plan Sponsors in 2019 (February 6, 2019)
Law360
In 2017 and 2018, much of the focus in the benefits world was on tax reform and the impact the Tax Cuts and Job Act might have on benefit programs. In 2019, plan sponsors will have an opportunity to ...
It's Curtains for Some Lump Sum Programs (July 22, 2015)
Law360
On July 9, the Internal Revenue Service released Notice 2015-49 to announce it intends to prohibit retirees who are receiving annuity payments from a defined benefit pension plan from electing a lump ...
IRS Issues Updates to Employee Plans Compliance Resolution System (July 7, 2015)
TerraLex Connections
In their article for TerraLex Connections, Sutherland attorneys Brenna Clark and Alice Murtos discuss the IRS updates to its Employee Plans Compliance Resolution System (EPCRS). EPCRS allows plan ...
Newsletters
Partnering Perspectives (Fall 2019)
We are pleased to present the Fall 2019 edition of Partnering Perspectives. Technology, data privacy new types of transactions, and new legislation can challenge in-house legal departments. Keeping ...
Eversheds Sutherland International Pensions Agenda (May 2019)
For many companies, pension issues are a global concern, and keeping up with developments in multiple jurisdictions is a challenge. The Eversheds Sutherland International Pensions Agenda offers a ...
Eversheds Sutherland Global Tax Brief (December 2017)
The Eversheds Sutherland Global Tax Brief is a collection of tax developments from our attorneys across the globe. We hope you enjoy this issue of the Brief and look forward to sharing more updates ...
