Popelka, John M.

Nicholas (Nick) T. Dafney is a partner with the firm and focuses his practice on energy and construction law, mergers and acquisitions, complex contracting and corporate transactions and intellectual property and licensing.

In his energy and construction law practice, Mr. Dafney has developed a broad and diverse range of knowledge and expertise in all stages and aspects of power plant and construction projects in the gas and solar industries. From early stage confidentiality agreements, term sheets, RFPs to complex Engineering Procurement and Construction (EPC) agreements, Original Equipment Manufacturer (OEM) agreements, end stage Operations, Maintenance agreements and post-construction warranty claims and enforcement issues. Representative transactions include:

• Drafting and negotiating EPC contract and related agreements for design, construction and operation of 130 Mw utility scale photovoltaic solar project.
• Drafting and negotiating EPC contracts and related agreements for power block and water treatment facilities, gas and steam turbines, HRSGs and ancillary equipment for 716 Mw integrated gasification combined-cycle power plant with carbon capture and storage.
• Drafting EPC contract and related agreements for water supply system to 600 Mw combined-cycle power plant.

Mr. Dafney's mergers and acquisitions practice includes local and national mergers, acquisitions, divestitures, joint ventures and strategic alliances for corporations and businesses of all sizes and industries. Mr. Dafney's mergers and acquisitions practice is comprehensive and includes the drafting and negotiation of complex legal documents and advising firm clients as to all aspects of such transactions including regulatory, governance, real estate, finance, employment and intellectual property matters. Representative transactions include:

• Restructuring of ownership, management and credit facilities for 44MM gallon ethanol plant.
• Strategic merger of financial resources and existing assets to form new solar power venture.
• Acquisition of biofuel assets, personnel and contractual rights for growing biofuel company.
• Acquisition of stockholder equity and license rights for national restaurant chain
• Acquisition of real property and personal property assets of health care business with multiple locations.

Mr. Dafney received his Juris Doctor, with distinction, from the University of Nebraska College of Law in 2002, and received his Bachelor of Science degree in Accounting and Economics from the University of Nebraska-Lincoln in 1998.

Prior to entering law school, Mr. Dafney was a Corporate Auditor with Union Pacific Corporation where he performed contract compliance audits on Union Pacific's contractors throughout the United States.

Mr. Dafney is a member of the Nebraska State Bar Association.