M. Seth Ginther - Attorney

M. Seth Ginther - Attorney

 

Seth Ginther is a partner with Hirschler Fleischer. He is a member of the firm's business section and he founded and leads the firm's government affairs and economic development consultancy, HF Consulting LLC.

His legal practice focuses on mergers and acquisitions, private equity and general business law as well as multi-state and federal government affairs.

In the energy area, Seth routinely represents renewable energy businesses in project finance, negotiating and drafting power purchase agreements, recapitalizations, mergers and acquisitions and multi-state and federal legislative and regulatory matters.

In 2003, Seth took a leave of absence from the firm to accept a political appointment by the Attorney General of Virginia as Senior Assistant Attorney General and Chief of Commerce & Financial Law--a position he held until December 2005.  In that capacity, he had overall responsibility for the legal representation of all state boards and agencies reporting to the Secretary of Finance and the Secretary of Commerce & Trade. In addition, Seth played a leadership role in the Attorney General's successful policy initiatives in the areas of economic development, regulatory reform, gang violence and domestic violence as well as interacting with the Virginia Congressional delegation and Virginia's U.S. Senators. Through this experience, Seth has a unique understanding of legislative, administrative and regulatory policy-making and puts this experience to work for his clients in ways that ensure the economic security of their businesses. 

Relevant Experience:

  • Counsel to a landfill gas-to-energy developer in the development of a series of projects across the United States. Representation has included negotiating and drafting power purchase agreements, project finance and structuring various forms or capital related to the transactions, as well as general counsel related to various corporate matters. 
  • Counsel to an international wood pellet manufacturer in a substantial recapitalization of its business by an international alternative energy private equity fund and multiple subsequent mergers and acquisitions of strategic targets in the industry.
  • Counsel to an international combined heat and power biomass developer relating to drafting and negotiation of energy supply agreement and in recapitalization of its business.
  • Counsel to numerous renewable energy companies relating to legislative initiatives including drafting, negotiating and successfully lobbying the passage of various new laws relating to renewable energy including a real and personal property tax exemption for "renewable energy" projects in Virginia.
  • Counsel to numerous renewable energy companies relating to multi-state economic development incentives including successfully lobbying for the award of multiple multi-million dollar grants for projects.
  • Counsel to the Virginia Retirement System, Virginia's state run pension fund with over $75 billion under management.
  • Counsel to Virginia College Savings Plan, the country's largest 529 plan with over $22 billion of assets under management.
  • Counsel to Virginia Small Business Financing Authority, Virginia's economic development financing arm providing debt financing to businesses in Virginia--representation included due diligence, advice and counsel on approval of financings.
  • Counsel to an Internet-based investor information company in a public offering and listing on the London Stock Exchange valued at over $100 million.
  • Counsel to a privately-held event management and ticketing company when it was acquired by a NASDAQ listed entertainment and travel conglomerate in a $23 million stock swap structured as a tax-free transaction.
  • Counsel to a pari-mutuel thoroughbred and standardbred racetrack in a 'going private' merger.
  • Counsel to numerous corporations, limited partnerships, and limited liability companies in private placement offerings of securities, including Section 4(2) and Reg D Rule 506 sales.

Education:

  • University of Richmond T.C. Williams School of Law, J.D. (Editor-in-Chief of the Richmond Journal of Law and Public Interest)
  • Virginia Polytechnic Institute and State University, B.A.

Published Work/Speaking Engagements:

  • Moderator, panel on "How products from the forests and fields will substantially impact the renewable energy economy", Governor's Conference on Energy, Fall 2010
  • Moderator, panel on "Exit Strategies for Renewable Energy Companies in the Current Economic Downturn", Virginia Alternative and Renewable Energy Association Annual Conference, Fall 2009 
  • "The Shifting Burden Test in SEC v. Adler: A Middle Ground Reconciliation of the Knowing Possession and Actual Use Standards for Classical Insider Trading Liability", co-author 9 VA. Corp. Counsel News 1, Spring 1999

Recognition:

  • Rising Star Virginia Super Lawyers, 2011 
  • Virginia Business Magazine's Legal Elite (Legislative and Regulatory Law), 2007-2011
  • Inside Business Top 40 Under 40, 2002

Memberships:

  • Virginia Bar Association
  • American Bar Association
  • Virginia Alternative and Renewable Energy Association (Board of Directors)
  • Sorensen Institute for Political Leadership at the University of Virginia (Fellow)
  • Leadership Metro Richmond, 2009-2010

Firm Involvement:

  • Founder and Principal of HF Consulting LLC, a government affairs consultancy that is a wholly-owned subsidiary of Hirschler Fleischer

Bar Admission:

  • Virginia, 2000