Brad Richards has more than 25 years experience providing legal representation to companies in complex cross-border and domestic business and financial transactions. He has represented international banks, energy companies, entrepreneurs, consultants, service providers, project developers, and foreign investors in projects in Japan, China, Indonesia, Nigeria, India, Mexico, Panama, Honduras, Chile, Brazil, Argentina, Colombia, Ecuador and other countries in South America, Western Europe, Eastern Europe, the Middle East and the states of the Former Soviet Union. He has also served as an adjunct professor of law at the University of Houston, teaching International Business Transactions and International Financial Transactions.
Brad's extensive practice as an international corporate and finance lawyer has included:
- Representing developers in project finance facilities, including public-private partnerships.
- Structuring the purchase and sale of ocean-going vessels and drilling rigs.
- Representing developers of infrastructure development projects, including work on engineering, procurement and construction (EPC) contracts and project finance facilities to support the projects.
- Negotiating and drafting production sharing contracts, joint operating agreements, technical service agreements, and related agreements.
- Structuring project finance facilities for offshore oil and gas operations and advising borrowers obtaining mezzanine financing for oil and gas exploration and development.
- Refinancing and restructuring debt facilities for energy companies.
- Representing start-ups in private placements of equity for technology companies and energy companies.
- Representing international banks in workouts involving energy companies with foreign assets.
- Representing foreign banks in structuring and documenting credit facilities secured by oil and gas assets in the United States and abroad.
- Preparing multi-currency credit facilities and securing collateral located abroad.
- Serving as outside general counsel for small to medium-sized businesses with international operations, or owned by businesses organized outside the United States.
- Representing U.S. and non-U.S. companies in acquisition and sale transactions.
- Advising U.S. and non-U.S. companies arbitrating claims before domestic and international arbitration tribunals.
Brad also represents domestic companies regarding regulatory compliance in their international operations. His international compliance practice has included:
- Internal investigation of an oilfield service company's overseas operations for violations of antiboycott regulations.
- Advising exploration and production companies with respect to Foreign Corrupt Practices Act compliance in several West African countries.
- Advising upstream project development company with respect to Foreign Corrupt Practices Act compliance in Nigeria.
- Advising oilfield service company in acquisition transaction with issues regarding agent, representative and joint venture partner compliance with Foreign Corrupt Practices Act.
- Advising oilfield manufacturer regarding Foreign Corrupt Practices Act compliance in Chinese operations.
- Advising exploration and production companies with respect to Foreign Corrupt Practices Act compliance in Chinese joint operating agreements.
- Advising U.S. Companies and their overseas subsidiaries on compliance with U.S. sanctions programs.
- Participating in management training seminars on international regulatory compliance matters for multinational oil companies, oilfield service companies, oilfield equipment manufacturers and financial services companies.
Honors
- Texas SuperLawyers (International): 2004-2005
- Best Lawyers in America, Corporate (Project Finance, Technology): 2005-2007, 2009-2013
- Guide to the World's Leading Energy and Natural Resource Lawyers: 2005-2007, 2010
- Martindale Hubbell® Law Directory with a Peer Review Rating of AV® Preeminent™
Recent Publications
- B.Richards and R. Smith, "Quick Reference Tables: Texas," Getting the Deal Through - Project Finance 2013, Law Business Research Ltd., August 2012.
- B. Richards, "The Best Defense is a Good Offense: Creating and Maintaining a Compliance Culture to Address the New Reality of International White Collar Law Enforcement," Inside the Minds: International White Collar Enforcement, 2012 edition (Aspatore).
- B. Richards and P. Ruggero, "Exiting China: Procedures to Ensure the Orderly Liquidation of a Business," 33 Houston Journal of Int'l Law 632 (Summer 2011).
- B. Richards, "Structuring M&A Deals - The Critical Factors [M&A Commission]," Union International des Avocats (available online only)(November 2007).
- B. Richards, "Acquisition of a Business in Latin America/US/Europe/Rest of the World" [M&A Commission], Union International des Avocats (available online only)(November 2006).
- L. Harwood and B. Richards, "Structural Changes Affecting ECOPETROL," 17 Texas Transnational Law Quarterly 25 (November 2003).
- B. Richards, "Export Controls and Trade Sanctions," published in the following: Corporate Counsel's Guide to Economic Sanctions and Embargoes, Supp. Jan. 2000 and Supp. July 2004 (Business Laws, Inc.), Export Controls Supp. Feb. 2000 and Feb. 2004 (Business Laws, Inc.), Corporate Counsel's International Adviser, June 2004 (Business Laws, Inc.), Corporate Counsel's Guide to Export Controls Second Edition, Supp. November 2004 (Business Laws, Inc.).
- Conociendo a John Wayne: Claves Para Negociar Efectivamente Con Estadounidenses, Ganar Opciones.com.
Recent Speeches
- Union Internationale des Avocats, Annual Congress, "Information Technology: Changes and Challenges to the Legal Profession," Miami, Florida, November 2, 2011.
- Lawrence Graham LLP, "How Bright is the Future for Solar PV?" London, Seminar, April 6, 2011.
- Haynes and Boone, LLP, "Hot Topics in FCPA Enforcement and Compliance," Ethical Principles for Corporate Counsel, Houston, Texas, February 23, 2008.
- Union Internationale des Avocats, Annual Congress, Computer and Telecommunications Commission, "Electronic Evidence and Discovery in the United States," Paris, France, November 1, 2007.
- South Texas College of Law, "Hot Topics in Foreign Corrupt Practices Act Compliance," Effective Compliance Programs, Houston, Texas, June 14, 2007.
- Union Internationale des Avocats, "Representations, Warranties and Indemnification in Mergers and Acquisitions," Impact of Due Diligence on Representations and Warranties, Sestriere, Italy, February 19, 2007.
- Union Internationale des Avocats, Annual Congress, Main Theme, "Internet Contracting - Considerations from the U.S. Perspective," Salvador, Brazil, November 3, 2006.
- Union Internationale des Avocats, Annual Congress, Computer and Telecommunications Commission, "Offshoring Services," Salvador, Brazil, November 1, 2006.
- University of Houston Law Center, International Law Society, "International Law Practice," Houston, Texas, September 26, 2006.
- Center for American and International Law, "India - The New Asian Tiger," Doing Business In and With the U.S., June 13, 2006, Plano, Texas.
- Union Internationale des Avocats, "International Civil Litigation and the USA," Extraterritorial Liability (FCPA and Antiboycott Enforcement), Breckenridge, Colorado, March 3, 2006
- Union Internationale des Avocats, Annual Congress, "Case Law on Personal Data Protection in the Common Law" [Main Theme], Fez, Morocco, September 2, 2005.
- Union Internationale des Avocats, Annual Congress, "Application Service Providers Contract Issues in the United States," [Computer and Telecommunications Commission], Fez, Morocco, September 3, 2005.
- Annual Symposium on Critical Global Markets, Center for American and International Law, "China's Remarkable Rise: Business and Legal Challenges and Responses," China's Energy Needs: Remaking Global Energy Patterns (Chair of Session and Speaker), June 14, 2005, Plano, Texas.
- Haynes and Boone, LLP, Corporate Seminar, "Parent Company Liability for the Acts of Foreign Personnel and Subsidiaries," Houston, Texas, January 21, 2005.
- Southern Methodist University, Seminar on NAFTA and other Latin American Legal Developments, "Project Finance in Latin America," Dallas, Texas, October 27, 2004.
- American Bar Association, International Law Section, Fall Meeting, "The U.S. Perspective on Oil and Gas Investment in Latin America," Houston, Texas, October 16, 2004.
- Union Internationale des Avocats, Annual Congress, "Legal Challenges to Spyware in the United States," Computer and Telecommunications Law Commission, Geneva, Switzerland, September 4, 2004.
- Greater Houston Partnership, "European Union Directives and Other Legal Issues," Houston, Texas, March 10, 2004.
- State Bar of Texas, International Law Section, 16th Annual Advanced International Law Institute, "Parent Company Liability for the Actions of Foreign Subsidiaries," Houston, Texas, February 27, 2004.
- University of Houston, International Law Society, "Project Finance in Latin America," Houston, Texas, February 11, 2004.
Selected Representative Experience
GeoTag Inc. v. Gucci America, Inc., et al., Eastern District of Texas, 2010
Defended HRsmart and its customers against GeoTag in a major patent infringement case in the Eastern District of Texas involving job locater technology against hundreds of defendants and successfully negotiated a settlement after months of litigation.
XZ Joint Venture
Represented U.S. pressure control products manufacturer and distributor in its $8 million joint venture with a Chinese petrochemical machinery company.
Acquisition of Subsidiary of Malaysian National Oil Company Holding Working Interests Offshore Equatorial Guinea
Represented VAALCO Energy, Inc., a NYSE company, in its acquisition of a subsidiary of Malaysian national oil company holding working interests offshore Equatorial Guinea.
Port Services Project in Brazil
Represented large commodity supplier acquiring rights to access port services in new port project in Brazil. Project involved negotiating with ore producers for supply and the port for throughput availability and specific ship capacity for approximately 4 million metric tons of ore annually.
TXCO Resources - Newfield Exploration Co.
Representation of Newfield Exploration Co. in purchase of assets in the Maverick Basin of Southwest Texas from TXCO Resources Inc., a San Antonio-based oil and natural gas exploration and development company. Newfield and the Anadarko Petroleum Company purchased substantially all the assets of TXCO for $310 million pursuant to an order of the United States Bankruptcy Court for the Western District of Texas.
Gas-Fired Power Generation Plant in Bastrop, Texas
Lead Texas counsel to project sponsor and developer on the development, construction, and operation of 540MW gas-fired power generation plant in Bastrop, Texas.
Natural Gas Storage Facilities throughout the United States
Lead counsel to the sponsor in the development of several natural gas storage facilities throughout the United States.
Offshore Oil and Gas Fields in Western Australia
Lead counsel to agent bank on the financing of the development of offshore oil and gas fields in Western Australia.
Advising Spanish toll road developer in Texas toll road projects
Advising OHL, SA in two toll road projects located in Texas.
Project Financing - Offshore Oil and Gas Project in Nigeria
Acted as project counsel to international joint venture project company on the $200 million development, construction, and operation of offshore oil and gas development project in Eastern Nigeria.
Project Sponsor Representation - Underground Gas Storage
Project counsel to project sponsor and developer on the development of a 20Bcf underground natural gas storage facility (using an existing producing natural gas field) to support the development, construction and operation of a 520-MW combined cycle gas-fired merchant power generation storage facility in Tioga County, New York.
Counsel to Lead Bank in Acquisition of Enron's Eletrobolt Power Plant
Counsel to Calyon (now known as Credit Agricole Corporate and Investment Bank), the lead bank in the $180 million acquisition of Enron's Eletrobolt power plant by Brazil's national oil company, Petrobras.
Counsel to Chansommes do Brazil in its Acquisition by Drypers Corporation
Counsel to Chansommes do Brasil (Brazil) when it was acquired for $12 million in cash and stock by Drypers Corporation.
Acquisition of International Metals Service
Counsel to Energy Alloys in the $30 million acquisition of International Metals Service in the UK.
Online Publications
04/02/2013 -
U.S. Solicits Public Comments on Negotiating Objectives for the Transatlantic Trade and Investment Partnership
The Obama Administration has announced its intention of entering into negotiations with the European Union (“EU”) for a Transatlantic Trade and Investment Partnership (“TTIP”) aimed at achieving a substantial increase in transatlantic trade and investment between the world’s two largest economies.
02/12/2013 -
Brazil Announces 11th Oil and Gas Bid Round
News Alert and Webinar Announcement: Brazil’s President Dilma Roussef recently authorized the 11th Oil and Gas Bid Round.
08/01/2012 -
Getting the Deal Through - Project Finance 2013
This article provides a summary of Texas PPP enabling legislation and applicable regulations for 2013.
02/01/2010 -
Enforcement of the Foreign Corrupt Practices Act: The Hits Keep Coming
On January 19, 2010, the Department of Justice pulled back the curtain on its largest prosecutions of individuals in the history of the Foreign Corrupt Practices Act (“FCPA”). About 150 agents from the Federal Bureau of Investigation arrested 22 individuals and executed 14 search warrants in the United States and United Kingdom. Those arrested are believed to represent about 16 companies involved in the foreign bribery investigation.
12/18/2008 -
Siemens AG Concludes FCPA Investigations with Record-Setting Criminal Penalty
On Monday, December 15, 2008, Siemens AG entered comprehensive settlements in the United States and Germany related to charges of widespread bribery of foreign officials from 2001 through 2007. Siemens agreed to pay a record-setting $1.6 billion to resolve charges asserted under the Foreign Corrupt Practices Act ("FCPA"). This alert digests this landmark case and provides observations relevant to companies' FCPA compliance efforts.
09/12/2008 -
Criminal Prosecution of the FCPA
The Foreign Corrupt Practices Act ("FCPA") has provided the basis for an increasing number of criminal prosecutions during recent years. For example, The Department of Justice initiated more individual prosecutions on FCPA charges than in any other year since the FCPA was enacted, and twice as many as in 2006. The Department of Justice recently obtained a guilty plea in one of its highest profile FCPA cases in the history of the Act. While Albert "Jack" Stanley's plea has garnered significant media attention, significant events during the first two weeks of September in two other cases provide additional insight into FCPA criminal enforcement activity. The attached alert discusses the developments in these three cases.
09/05/2008 -
Recent SEC Action Reinforces Principles of Compliance with the Foreign Corrupt Practices Act
This alert digests the Con-way case and highlights four principles of FCPA compliance that are reinforced by this SEC enforcement action.
06/27/2008 -
Foreign Corrupt Practices Act (“FCPA”)
The United States government’s increase in enforcement of the Foreign Corrupt Practices Act (“FCPA”) during the past five years has raised awareness of domestic and foreign corporations to the Act’s requirements. Still, violations continue to make headlines. The latest news came from Houston May 14, when an oil and gas services company agreed to pay $32 million in sanctions for FCPA violations in connection with international contracting activities.
09/18/2003 -
International Considerations in Licensing
This presentation covers the major differences in international licensing, by U.S licensor; protecting intellectual property; Selected U.S. laws affecting international IP licenses; Other laws that affect the international license; multi-lateral treaties; Local foreign law and drafting to “Internationalize” the license.
08/22/2002 -
Compliance with the Foreign Corrupt Practices Act in the Post-Sarbanes-Oxley World
01/14/2002 -
Enron Bankruptcy: Purchasing Assets from Enron and its Subsidiaries and Affiliates
Enron announced in court Friday, January 11, that it had selected UBS Warburg’s bid for its wholesale commodity trading business. Many details concerning the sale remain to be resolved through the bankruptcy court process. Importantly for Haynes and Boone’s energy clients, there are many other Enron assets remaining on the auction block.