Alan Barth

Alan is a member of the energy, litigation and  intellectual property practice groups at Schwell Wimpfheimer & Associates.

As part of the energy practice group, Alan negotiates master trading agreements for the purchase and sale of energy commodities, including natural gas, electricity and oil; master agreements for commodity derivatives; and guarantees, letters of credit and collateral support annexes securing all of such transactions.  He also negotiates agreements for the purchase and sale of renewable energy credits (RECs) and conducts risk analyses for participation in wholesale and retail energy-related RFPs.

Alan has worked on a number of document review projects involving claims of patent infringement and financial mismanagement. He has experience using Concordance and IPRO, and other document review software.

As part of the intellectual property practice group, Alan deals with various aspects of trademarks, including prosecution of trademarks from pre-filing searches through registration and trademark opposition proceedings.

Prior to joining SWA, in association with a prestigious Israeli boutique IP firm, he prosecuted trademark applications and handled a variety of contested matters before the USPTO.  Alan served as in-house counsel at Jet Spray International, handling global commercial agreements, and acting as counsel through its merger and acquisition, and was contracts manager for Project Galaxy at Israel Aerospace Industries, Ltd.

Alan began his legal career in private practice, in Connecticut, where he was lead counsel for over 16 years in a variety of commercial and business cases in U.S. federal and state courts. He served as a Trustee in United States Bankruptcy Court for the District of Connecticut and as an Attorney Trial Referee for commercial cases in Connecticut Superior Court.

Representative Matters

• Negotiating master trading agreements for the purchase and sale of natural gas, electricity, oil and commodity derivatives, and guaranties and letters of credit securing these transactions.
• Negotiating REC General Terms and Conditions as well as stand-alone agreements for the purchase and sale of RECs and Regional Greenhouse Gas Initiative credits.
• Assessing legal and credit risks associated with energy-related RFPs and tailoring client documents to meet RFP requirements.
• Reviewing documents in a biomedical patent infringement case in U.S. Federal District Court in Pennsylvania.
• Reviewing documents in a fraudulent misrepresentation case in connection with project financing.
• Prosecuting trademarks from prefiling search through registration in food, medical device, hi-tech and military defense industries.
• In re Boardwalk Marketplace Securities Litigation 849 F.2d 49 (1988), defense of investors during trial of multi-district litigation.
• Lewis Truck & Trailer, Inc. v. Jandreau, 11 Conn. App. 168, 170, 526 A.2d 532 (1987), successful defense appeal against allegation of abuse of process.

Publications

• Renewable Energy Credits: Representations and Warranties Every Buyer Should Ask For
• Keeping Your Trademark ‘Healthy’
• Legal Issues of Problem Collections, National Business Institute, Inc. (Aug., 1988)
• Extraordinary Collection Procedures & Bankruptcy Practice in Connecticut, National Business Institute, Inc. (Aug., 1992)