Edward "Ed" Clayman

Associate

London
Business Phone: +44.0.20.7038.6682 UK
Business Fax: +44.0.20.7038.6651

edward.clayman@troutmansanders.com

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Ed is a senior associate and a member of the firm’s International, Energy and Project Development & Finance Practice Groups.  Ed is involved in all aspects of the firm’s European energy practice, concentrating on trading & marketing together with risk management of energy and energy-linked commodities and products for businesses operating in liberalized and deregulated energy markets.  Ed has also advised on the structure and contractual documentation for auctions of gas and electricity in various EU member states.

Ed further specializes in advising on emissions trading under the European Emissions Trading Scheme, being an early participant in the development of Europe’s emissions trading markets including coordinating the development and drafting of one of the principal industry standard contracts under which EU Allowances are bought and sold throughout Europe.

Prior to joining the firm, Ed worked as in-house counsel in Amsterdam advising the European energy trading, credit risk, structured product and origination functions of a US independent power provider, Mirant Corporation, before which he spent six years as external counsel to various blue-chip companies in the UK, Hong Kong and New York with the law firm Lovells. 

Representative Experience
Outside counsel to the European Federation of Energy Traders (EFET) coordinating the development of the Allowances Appendices for the trading of greenhouse gas emissions under each of the EFET master agreements for the delivery and acceptance of electricity and natural gas as well as coordinating the legal opinions from local counsel in 12 EU Member States on the enforceability of close-out netting and other key aspects of EFET’s standardized trading documentation for the EFET gas, power and master netting agreements.  Assisting EFET members in the preparation of appendices to the EFET master agreement for the delivery and acceptance of natural gas which enable trading under standardized terms at the PEG in France, the TTF in Holland, the ZBT in Belgium, the NBP in the United Kingdom and at the Italian gas pipeline.

Advising a large energy company on its public auction in 2006 of 400 million m³ of natural gas, corresponding to one-tenth of the Danish natural gas market, including the structure and drafting of the contractual documentation to implement the exchange of natural gas between deliveries at the GTF delivery point in Denmark with corresponding deliveries to other delivery points in other EEA countries such as in England, Germany, Belgium, or Holland.  Advising on managing the credit and legal risk of this innovative product for the physical exchange of gas.

Development of a highly flexible credit and contractual framework for a large Dutch utility company’s auction in 2005 of 900 Megawatts of generating capacity, including drafting a credit module which appended and explained to the auction participants how to use multiple forms, netting, margining and collateralization agreements together with related documents and instruments.

Counsel to various European and US energy companies involved in trading EU Allowances and Certified Emission Reduction Certificates (CERs) under the European Emissions Trading Scheme in various countries throughout Europe including advising on the contractual negotiations with counterparties in respect of the standard trading agreements published by each of EFET, the International Emissions Trading Association (IETA) and ISDA.

Active participant in the International Swaps and Derivatives Association’s (ISDA) European Energy, Commodities & Developing Products Committee.

Internal counsel managing the European energy trading operations of Mirant Corporation, including the various trading agreements covering both physically and financially settled products, the credit risk department and the European structured product and origination function.

Internal counsel advising on the sale of a European utility holding company in Germany as well as the reorganization and systematic closure of trading operations, including the wind-down of the trading book, of Mirant Europe B.V.

Counsel seconded to the Group General Counsel’s Office of a large UK bank for one year advising on various corporate and litigious matters including the sale of its merchant banking division and the US$1billion global reorganization of its U.S. subsidiary.

Counsel advising listed blue-chip and other companies on mergers and acquisitions in the U.K., corporate reorganizations and disposals, share buy-backs and numerous other specific operating problems and corporate issues.

Counsel to UK private equity companies advising on various aspects of establishing investment funds as well as acquisitions, disposals, subscription and shareholder’s agreements.

Advising on contentious and non-contentious trademark, patent infringement and other intellectual property issues in the UK and Hong Kong including conducting and participating in actions against counterfeiters within mainland China.

Counsel advising various U.K. companies on the production of Group Control manuals and other guidelines such as those for internet websites.

Presentations and Speaking Engagements
Presentation of "The EU GHG Emission Allowance Trading System - Practical Experiences of Cap and Trade" at the EUEC, January 27-30, 2008 at Tucson, Arizona.

Presentations at two-day conference on "Workshop on Understanding and Using the EFET Form Agreements" and "Energy Contracting Mastering Class – The Universe of EFET Form Documentation", at The European Platform for Energy Trading, EMART Energy Conference, November 21-22, 2007, in Amsterdam, The Netherlands.

Presentations on “Emissions Trading Across the EFET, ISDA and IETA Contracts,” at Energy Trading Central & Eastern Europe Conference, May 2005, Budapest, Hungary as well as at Emart Energy Conference, November 2005, in Nice, France.

Presenting all-day Workshops on “EFET Form Agreements,” at each of the Energy Trading Central & Eastern Europe Conferences held in Budapest, Hungary, May 2005 and in Warsaw, Poland, June 2006 as well as presenting two-day workshops at the Emart Energy Conferences held in Barcelona, Spain, November 2004 and in Nice, France, November 2005.

“Legal Summit: Moderator of Carbon Trading Panel Discussion” at Emart Energy Conference, November 2005, in Nice, France.

Work Experience
Associate, Troutman Sanders LLP, London, 2003-present
Counsel, Mirant Europe B.V., Amsterdam, 2001-2002
Associate/Solicitor, Lovells, London, 1997-2000
Associate/Trainee Solicitor, Lovells, London and New York, 1995-1997
Paralegal, Lovells, Hong Kong, 1994-1995
Paralegal, Johnstone Stokes & Master, Hong Kong, 1991-1992

Disclaimer
Please note that Troutman Sanders has become aware that the name of Mr. Edward Clayman and of Troutman Sanders is being used without permission in false e-mail addresses and in fraudulent e-mail messages. These messages usually involve bogus claims about the disbursement of funds for a deceased client, but may involve other bogus claims regarding the possible availability of funds for the recipient. These fraudulent emails have nothing to do with Troutman Sanders or Mr. Clayman, and recipients should not respond to such e-mails or provide any personal information in response to such e-mails. If you have any concerns or questions, please contact the law enforcement officials in your location.

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Education

  • Birmingham University, L.P.C., 1994
  • Birmingham University, C.P.E., 1993
  • Birmingham University, B.Sc., with honors, 1990
     


Court Admissions

  • 1997 Solicitor of the Supreme Court of England and Wales


Memberships

  • Member, Law Society of England and Wales
  • Member, Royal Society of Chemistry
  • International Swaps and Derivatives Association (European Energy, Commodities and Developing Products Committee)
  • European Federation of Energy Traders, Legal Committee