Commercial Counsel

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Job Description

FlexGen is seeking an experienced Commercial Counsel to join our growing legal group. The role, which reports to the Executive Vice President and General Counsel, includes responsibilities with respect to a wide range of commercial contracts related to the development of energy storage projects and sale of related services, as well as compliance, governance, and other corporate matters. The Commercial Counsel will collaborate with the business development, operations, and other teams with respect to product development, contract preparation, and deal execution during a time of the company’s rapid growth. This position is remote in the US, with a preference on hybrid based out of headquarters in Durham, NC or our office in Delray Beach, FL.

Energy storage represents a multibillion-dollar market at the center of the energy transition. The integration of energy storage requires software and technological solutions that play a critical role in the adoption of renewables at scale—offsetting the intermittency and reliability challenges that renewable power generation creates for the grid. Since its founding in 2009, FlexGen has supported deployments of more than 3 GWh of energy storage systems across the U.S. and internationally for utility, microgrid, and C&I customers. The Company’s proprietary software platform allows energy storage owners to deploy various power market strategies and combine storage solutions with any form of generation.

FlexGen is dedicated to providing best-in-class service and performance for its customers, seeking to ensure safety, reliability and resiliency in all operating environments. FlexGen supports the customer across the full journey of developing an energy storage project, and leverages decades of engineering and software expertise to maximize value that its customers ultimately receive. The company’s HybridOS solutions include six distinct energy management solution applications including: DigitalTwin, FlexPack, SiteController, FleetManager, PowerCloud and FlexBidr.

Backed by a world-class group of investors including: founding investors Jerry Miller and Mark Dreyfus, legacy investors GE Venture and Caterpillar Ventures, an initial equity investment by venture capital firm Altira Group, a Series B led by Apollo Global Management, and a Series C led by Swiss investment firm Vitol with participation from all existing investors, FlexGen is poised to grow substantially and quite rapidly.

Major Job Responsibilities:

  • Draft, negotiate, and analyze broad range of complex commercial contracts
  • Provide business development, operations, and other teams with timely and quality legal advice and support
  • Support ongoing compliance and governance activities
  • Minimize the need for outside counsel
  • Other duties as assigned

Position Requirements:

  • Minimum of five years of experience practicing law in the renewable energy space
  • Substantial experience representing energy project developers and/or suppliers with respect to equipment and services supply agreements, O&M and other long term services agreements, EPC agreements, etc.
  • Experience with battery storage projects preferred
  • Experience with SaaS and other technology services transactions a plus
  • Minimum of three years of sophisticated transaction work in a major law firm with a significant energy practice
  • Excellent writing skills
  • Ability to communicate effectively in formal and informal settings with internal and external stakeholders
  • Ability to work independently and effectively in a fast-paced environment with limited supervision
  • Membership in good standing in at least one state bar
  • Juris Doctor degree from an accredited law school
  • Ability to work effectively in a hybrid work environment and the ability to work in either FlexGen’s Durham, NC or Delray Beach, FL offices at least two days a week
  • Fluent in Microsoft Word; proficient in Excel and PowerPoint

FlexGen provides equal employment opportunities (EEO) to all employees and applicants for employment without regard to race, color, religion, sex, national origin, age, disability or genetics. In addition to federal law requirements, FlexGen complies with applicable state and local laws governing nondiscrimination in employment in every location in which the company has facilities. This policy applies to all terms and conditions of employment, including recruiting, hiring, placement, promotion, termination, layoff, recall, transfer, leaves of absence, compensation and training.

FlexGen expressly prohibits any form of workplace harassment based on race, color, religion, gender, sexual orientation, gender identity or expression, national origin, age, genetic information, disability, or veteran status.

To the extent permitted by law, employees are subject to periodic random drug testing, and post-accident and reasonable suspicion drug and alcohol testing.

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