Melissa Salhab Sykes practices in corporate and business law and co-chairs the firm’s Corporate and Business Transactions practice group. She also has extensive experience in the electric energy industry, representing electric cooperatives across the state.
Melissa’s transactional practice includes representing corporate clients in contract negotiations, corporate governance matters, mergers and acquisitions, formation and capitalization, loan transactions, and economic development incentives. She has also negotiated a wide range of indemnification and insurance agreements, third-party service agreements, vendor/provider contracts and commercial leases.
In the area of electric energy, Melissa has more than 15 years of experience representing electric cooperatives and municipally owned utilities in business transactions, including developing and negotiating wholesale and retail power supply contracts, and a broad range of facilities purchase and sales transactions. Melissa also represents clients on policy and regulatory matters before the Public Utility Commission of Texas, as well as landowners in transmission line routing cases and wind and solar lease negotiations.
Melissa’s significant transactional experience includes:
- Representing major motorsports and entertainment organizer and promoter in preparing, advising and negotiating agreements with motorsport sanctioning entities, sponsors, governmental entities and goods and service providers.
- Representing international micro-processor engineering corporation in connection with negotiation of Texas datacenter project.
- Representing small and medium business clients as general corporate counsel on governance matters, reorganizations and entity conversions, as well as negotiation of commercial contracts, including retail service agreements, shareholder agreements, corporate-operating agreements, confidentiality and proprietary information agreements, consulting agreements, asset and stock sale/purchase agreements, and wholesale power agreements.
- Counseling corporate clients in governance matters, including best practices, bylaws drafting and director issues.
- Representing national mortgage lending institution in multi-million dollar credit facility transaction.
- Representing healthcare industry technology clients on corporate governance and contract drafting and negotiations.
- Representing medical device quality assurance company in contract preparation and negotiation.
- Representing local grocery cooperative on cooperative governance matters.
- Representing local beer cooperative on corporate matters, including cooperative governance and lease negotiation.
- Representing publicly-traded company in the sale of a subsidiary.
- Representing commercial construction client in the purchase of a construction business and subsequent negotiation of owner-contractor and subcontractor agreements.
Melissa’s substantial experience in electric energy includes:
- Representing large-scale utility manufacturing and distribution service company on corporate governance and general business matters, as well as contract preparation and negotiations with third parties.
- Representing cooperative clients on corporate and business issues, including corporate governance and policy matters, as well as the selection, formation and operation of for-profit subsidiaries and joint ventures.
- Representing electric cooperatives on legislative and regulatory policy matters.
- Negotiating agreements with local political subdivisions for franchises and easements.
- Preparing and negotiating auxiliary electric service agreements with wind farms.
- Representing large private landowner near San Angelo, Texas, in a contested hearing regarding a large utility’s proposed routes for a competitive renewable energy zone (CREZ) line. Melissa obtained a decision that resulted in the selection of the client-supported route.
- Representing electric cooperative clients in policies regarding the implementation of ratemaking standards under the federal Public Utility Regulatory Policies Act (PURPA), as they relate to energy efficiency resource planning as well as smart grid information and investments.
- Actively participating in electric utility restructuring issues and subsequent stakeholder meetings with the Electric Reliability Council of Texas (ERCOT) to establish market rules for the restructured electric industry, as well as various Public Utility Commission of Texas rulemaking projects to implement Texas’ restructuring legislation.
Melissa advises companies on the availability of state and local economic development incentives across Texas. She assists clients with locating and developing projects and with negotiating economic development incentive agreements.