Erik E. Malinowski

Erik is an experienced energy and transactional attorney who advises energy and data center developers, investors and strategic market participants on the development, financing, acquisition and sale of energy infrastructure projects and strategic investments across the energy sector throughout North America.

As Chair of Fredrikson’s Energy and Natural Resources Practice Group, Erik leads the firm’s multidisciplinary energy and natural resources team in supporting clients who advance wind, solar, electric/thermal/compressed air storage, hydroelectric, biomass and other energy projects critical to meeting increasing power demands and the ongoing energy transition.

Erik represents clients throughout the full lifecycle of energy transactions, advising on project financings, joint development arrangements, power purchase and offtake agreements, hedging structures, and portfolio acquisitions and divestitures involving renewable energy assets. He regularly counsels developers and investors in structuring and negotiating commercial arrangements designed to advance project execution, allocate risk, and support long-term asset value. Over the past 15 years, Erik has represented energy sector clients in more than 20 gigawatts (GW) of project development, M&A, financing and procurement transactions.

In addition, by drawing on his professional background and longstanding ties to California, Erik regularly assists West Coast companies expanding operations in the Midwest and advises Midwest-based clients pursuing opportunities in western energy and commercial markets, helping clients navigate regional business, investment, and transactional considerations across jurisdictions.

Renewable Energy

• Represented renewable energy and power developers in over 10,000 megawatts (MW) of project development
• Negotiated and completed over 5,000 MW of power and thermal purchase agreements, virtual offtake agreements, capacity transactions, tolling arrangements, REC purchases, and hedging/swap contracts
• Represented renewable energy developers and owners in over 7,000 MW of successful project sales and acquisitions
• Represented wind and solar energy project development companies and sponsors in over $1,000,000,000 of multiple private and public project financings

Mergers & Acquisitions

• Represented AGA Medical Holdings, Inc. in its sale to St. Jude Medical, Inc.
• Represented Carlson, Inc. in the sale of its Carlson Marketing Worldwide business to Aimia, Inc. (f/k/a Groupe Aeroplan, Inc.)
• Represented management in a $165,000,000 buyout of U.S. operations of a large London Stock Exchange homebuilder
• Represented a leading beef producer in an approximately $100,000,000 acquisition by a national beef packing company
• Represented a southern California insurance company in a $20,000,000 stock sale to a subsidiary of a National Banking Association
• Represented national biofuel company in $15,500,000 acquisition of a Texas biodiesel facility
• Represented a janitorial services company in an $11,000,000 acquisition by a nationally known strategic partner
• Represented publicly held IT company in a $9,000,000 acquisition of a defense contractor
• Represented a private internet lead generation company in an $8,000,000 acquisition by national e-commerce company

Corporate & Renewable Energy Finance

• Represented a nationally recognized real estate investment group in over $50,000,000 in private equity offerings
• Represented wind and solar energy project development companies in multiple rounds of private and public financing of over $15,000,000
• Represented a health sector technology company in over $10,500,000 in 3 separate tiered rounds of preferred financing
• Represented a high tech manufacturing company in $5,000,000 of multiple rounds of private financing

Education

• California Western School of Law, J.D., 2001, magna cum laude
• University of Wisconsin, B.S., Genetics, 1997

Admissions

• Minnesota, 2007
• California, 2001

• Minnesota Super Lawyers Rising Star, 2011-2013, 2015

Professional Activities

• Energy Department, Fredrikson & Byron, P.A., Chair
• California Bar Association
• Minnesota State Bar Association
• University of Wisconsin Alumni Association
• California Western Alumni Association
• National W Club
• California Western Law Review and International Law Journal, Editor, 1999-2001

Community

• Minnesota Planetarium Society, Program Committee, 2010-2011