Durham C. McCormick,, Jr.Partner
Durham McCormick is a partner in the Seattle office of Gordon Thomas Honeywell, where his practice focuses on energy law, business law and tax law.
With respect to energy law, Durham advises clients on all aspects of energy project development, operations and finance and represents consumer owned utilities in their day-to-day operations. Durham’s work includes project development agreements, joint ownership arrangements, power purchase agreements, transmission agreements, turbine supply agreements, balance of plant contracts, purchase and sale negotiations, leases, easements, commercial borrowing, bond financing, public bidding requirements, municipal and PUD laws, cooperative laws and federal and state tax planning and structuring.
Durham also advises clients on a myriad of business and corporate matters, including business entity formation, joint ventures, contracts, leases, mergers and acquisitions, commercial borrowing, legal opinion letters, private equity offerings, intellectual property, federal tax, state tax, non-profit and tax-exempt filings and many other business operation matters. Durham also provides legal advice and guidance to both for-profit and non-profit boards.
LL.M., Taxation, Georgetown University Law Center, 2004
J.D., University of Oregon School of Law, 2003
B.S., Economics, Minor in Chemistry, Willamette University, 2000
Jurisdictions Admitted to PracticeWashington, 2003
U.S. Tax Court, 2005
Representative Cases / Transactions
- Renewable Energy Project Development & Operations
- Harvest Wind Project - Project counsel in connection with the development, financing and operation of a 99 MW wind electrical generation project located in Klickitat County, Washington.
- Renewable Energy Tax Structuring
- Harvest Wind Project - Project counsel in connection with developing business structure to qualify renewable energy generation facility for the United States Treasury’s Section 1603 Grant program.
- White Creek Project - Represented LL&P Wind Energy, Inc., as co-energy purchaser, in the first tax-equity finance structure in the U.S. using pre-paid power purchase agreements.
- LL&P Wind Energy, Inc. - Borrower’s counsel in connection with $54 million bond offering to fund twenty-year pre-paid PPA and related asset purchase option.
- Lakeview Green Energy, Inc. - Borrower’s counsel in connection with $30 million credit facility to fund development and construction of investment in wind energy project.
- Lakeview Green Energy, Inc. - Borrower’s counsel in connection with $64 million permanent financing of investment in wind energy project.
- Oil and Gas Company - Borrower’s local counsel in connection with $281 million commercial credit facility, including revolving lines of credit, term loans and swing line loans.
- Real Estate Developer - Borrower’s counsel in connection with $20 million permanent financing secured by commercial building improvements.
- Consumer Owned Utilities
- Harvest Wind Project - General counsel to jointly owned renewable energy project comprised of Washington and Oregon PUDs, municipal utilities and electric cooperatives.
- Lakeview Light & Power - General counsel to electric cooperative for all aspects of operations, project development and tax-exempt matters.
- Mergers and Acquisitions
- Represented client in sale of armored car division to nationally recognized security company.
- Represented client in acquisition of electrical circuit breaker manufacturing division from international company.
- Represented northwest client in acquisition of document warehousing business.
- Represented numerous clients in stock and business asset purchases and sales, including all aspects of negotiations, drafting contracts, earn-out agreements, tax planning and due diligence review.
Honors, Publications & Presentations
- Named "2012 Rising Star" in Super Lawyers magazine
- Named "2011 Rising Star" in Super Lawyers magazine.
- Named "2008 Rising Star" in Super Lawyers magazine.
- PAPERS & PRESENTATIONS
- Avoiding Liability when Acting on a Governing Board - Article, Northwest Public Power Association Bulletin, May 2012.
- The State of Northwest Energy Markets After California Senate Bill 2X - Presenter, Washington State of Municipal and PUD Attorneys, December 8, 2011.
- New Models for Financing Energy Efficiency - Moderator, Future Energy Conference, October 19, 2011.
- Renewable Energy Contracts - Federal Incentives and PUD Constraints - Presenter, Washington Society of Municipal and PUD Attorneys, June 30, 2011.
- Limiting Your Legal Liability - Presenter, Washington Society of Association Executives, March 1, 2006.