John D. Franchini is a partner at Milbank, Tweed, Hadley & McCloy LLP, the Practice Group Leader for the Global Corporate Group in New York and a member of the firm’s Private Equity, Power and Energy and Latin American Practice Groups. He was resident in the firm’s Tokyo office in 2001.
Primary Focus & Experience
Mr. Franchini has extensive experience representing private equity sponsors, hedge funds, companies and their portfolio companies in investment, acquisition, recapitalization, disposition and fund-of-fund transactions. He also has significant transactional experience involving power generation and transmission assets, traditional infrastructure assets, midstream and downstream natural gas assets, and other power, energy and infrastructure projects.
Mr. Franchini also advises public and private companies in connection with mergers, acquisitions, divestitures and other corporate transactions, including stock-for-stock mergers, tender offers, private stock and asset purchases, complex joint ventures, private placements of equity securities and restructurings. He regularly represents clients in competitive auction scenarios, both as sellers and bidders.
Mr. Franchini has completed transactions throughout Asia, Latin America and the United States, and in several regulated and non-regulated industries including power and energy, infrastructure, exchanges, medical devices and healthcare, space and satellite, and telecommunications.
Mr. Franchini’s recent representations include:
- Macquarie Corporate Holdings Party Limited and Techint, S.A. de C.V. in connection with the highly complex acquisition and restructuring of existing equity and debt, development and financing of Norte III, a 907 MW combined-cycle gas turbine power plant in Chihuahua, Mexico. The deal was described as “Latin America’s premiere power project financing of the year” by Project Finance International, and was awarded “Project Finance Deal of the Year” by Latin Lawyer and “Latin America Power Deal of the Year” by IJGlobal.
- Fiber optic cable developer and operator Seaborn Networks in the debt and equity financing for the Seabras-1 cable project, the first direct submarine cable connection between New York and São Paulo. The financing for this deal was awarded “Best Deal of 2015” by Global Trade Review, “Best Americas ECA Finance Deal” by Trade Export Finance, “Best Infrastructure Financing: Brazil” by LatinFinance, “Greenfield Deal of the Year” by World Finance and “Wholesale Service Innovation” by Global Telecoms Business.
- Global power generation company IC Power and certain of its affiliates, in the sale to Enersis S.A. of its 21% direct interest in Edegel S.A.A., which currently owns 1,540 MW of capacity in Peru.
- Investment firm Actis in its agreement with global power generation firm InterGen to sell its business interests in Mexico for an enterprise value of US$1.3 billion.
- Energy Capital Partners, a leading private equity investor in energy infrastructure, in the acquisition of Terra-Gen, LLC, owners of more than 20 wind, solar and geothermal power generation assets generating 976 MW across the United States.
- Switzerland-based private equity firm Partners Group in its acquisition of a controlling interest in Fermaca, Mexico’s leading natural gas infrastructure firm, from Ospraie Management; and, in a subsequent transaction, representing Partners Group and Fermaca in raising significant additional committed equity financing for future development projects for Fermaca.
- Switzerland-based private equity firm Partners Group in connection with equity investments in Silicon Ranch Corporation, a leading full service developer, owner and operator of utility, industrial and commercial scale solar energy facilities located in the southeast US.
- Switzerland-based private equity firm Partners Group in its acquisition, together with its consortium partners InstarAGF Asset Management, Kilmer Van Nostrand and JP Morgan Asset Management, of the passenger terminal at Billy Bishop Toronto City Airport from air transportation services provider Porter Aviation Holdings Inc.
- Macquarie Capital and John Hancock as lead equity investors in a US$525 million warehouse facility created by TerraForm Power and SunEdison, Inc. to hold 521 MW of wind power assets located in Oklahoma and Idaho purchased from Atlantic Power.
- J.P. Morgan Asset Management in the formation of Terra Nova Renewable Partners, a strategic equity partnership with SunEdison, and subsequently in Terra Nova’s acquisition of a 1.2 GW portfolio of utility scale wind and solar power generation projects located in nine states across the United States, including Bingham (Maine wind), Oakfield (Maine wind), South Plains II (Texas wind), Hancock (Maine wind), Sunflower (N. Dakota wind) and a 33% stake in Dominion’s 567 MW solar portfolio.
Recognition & Accomplishments
Mr. Franchini repeatedly has been recognized by Chambers USA for his M&A and private equity work and also has been named as a leading lawyer in The Legal 500 United States and The Legal 500 Latin America. He regularly publishes articles and speaks at conferences on M&A and equity investing matters.
Mr. Franchini served as an editor of the Fordham Law Review and was the recipient of the MCI International Law Fellowship through which he conducted a study of privatization in the Czech Republic in conjunction with The World Bank. He is also a member of the American Bar Association.
- Fordham University School of Law, J.D.
- Lehigh University, B.A.
- New York