Case Studies

Smart Wires

I have worked with Smart Wires since before its inception as a founder and led the negotiation of two patent license agreements with Georgia Institute of Technology (Georgia Tech).  These exclusive licenses are the core technology around which the company has been built.  I was therefore involved in all start-up activities from incorporation through early financings and have continued to serve the company managing all legal activities.  I have managed equity investments for the company totaling over $90 million through the Series C round of financing.  I also managed the company’s intellectual property strategy, working with engineers and outside law firms in developing a strong patent and trademark portfolio.  I was called on to advise the Board of Directors on all legal matters for this fast-growing company.  During my tenure, the company grew from an idea and inspiration to over 50 employees and independent contractors, with significant sales to the electric utility industry.


Brillouin Energy Corp. is an innovative clean energy company working in the field of Low Energy Nuclear Reaction (LENR) technology.  I began working with the company as outside financing counsel during its Series A round of financing and have since become its outside General Counsel, managing all legal issues that arise for the Company.  In 2015 I added the role Director of Business Development, working on financing, strategic alliances and license agreements.  I have managed equity investments for the company totaling over $9 million through the Series B round of financing.  I led the negotiation of an international technology licensing agreement (Korea) and assist the company with its intellectual property strategy, working with engineers and outside patent counsel.  I also led the negotiation of a Technology Research Agreement with SRI International and SRI continues to support the company’s development efforts.  The company is working to replicate a successful 4X+ excess heat test it achieved in early 2015 on the way to developing a commercial boiler.

Meridian Energy

Meridian Energy is the largest renewable energy electricity generator in New Zealand.  I was retained by Meridian Energy Limited in its bid to acquire Cleantech America, Inc., an independent solar project developer. Meridian Energy won the bid and acquired Cleantech America (renamed Meridian Energy USA), whose assets represented 385 MW of solar projects in various stages of development.  On behalf of Meridian Energy we formed a US subsidiary and negotiated and closed the purchase transaction.  Also, in connection with the transaction, we engaged in extensive due diligence.  The assets included, among other things, Power Purchase Agreements between PG&E and Cleantech America, EPC Contracts, Options for Ground Leases, Planning Commission Permits, Interconnection Agreements, and Environmental Site Assessments.  The acquisition was wholly successful and Meridian Energy USA’s CalRENEW-1 project, which was the first utility-scale photovoltaic (PV) solar facility to be approved by the California Public Utilities Commission (CPUC) under the state’s Renewables Portfolio Standard (RPS) Program, went on to become the first to achieve approval from the California Independent System Operator (CAISO) to deliver zero-emission solar power directly to the transmission grid.


Back in 2006 when it looked like the US was about to embrace a carbon market, I co-founded, with Jane Capital Partners (, a company named Carbonflow, Inc.  Carbonflow provided an integrated suite of software applications used by organizations worldwide to manage, monitor, and monetize emission reduction projects. I advised the Board of Directors in negotiating a term sheet for the company’s Series A financing with a group of venture investors lead by OVP Venture Partners ( and Clean Pacific Ventures (  I subsequently represented Carbonflow in the preparation and finalization of investment documents for the transaction including the Series A Preferred Stock Purchase Agreement, the Amended and Restated Certificate of Incorporation, incorporating the rights, preferences and privileges of the new class of stock, the Investor Rights Agreement, the Co-Sale Agreement and the Voting Agreement.  I continued to represent Carbonflow as its General Counsel through its Series B financing and ultimately the sale of the company to key members of the management team, who continued to operate the company based in Europe, with headquarters in Switzerland.

“We have worked with David for more than 6 years now. Not only does he have a great understanding of a variety of legal matters, including capital raising and transaction structuring, but he has an expertise on renewable energy issues directly related to our business. David always specifically pinpoints what is needed to accomplish the requirements at hand and is able to execute his services in a timely and efficient manner.”

Steven Eisenberg, CEO
SRECTrade, Inc.

© 2023 David Niebauer