Overview

Mark Griffith has extensive experience in the energy and renewable energy industries and has represented clients in foreign and domestic mergers and acquisitions, stock and asset sales, joint ventures, and third-party service arrangements. He has led transactions involving the acquisition or sale of over fifteen renewable energy facilities, including two of the then-largest solar PURPA facilities in North Carolina. Mark works closely with investor-owned utilities and their affiliates and has represented renewable developers in their acquisition, development and disposition of renewable energy facilities and negotiation of power purchase agreements. Mark also represents financial institutions in their acquisitions and dispositions; he previously served as a member of the NC Banking Commission following his appointment by the Senate and the NC House of Representatives.

Before returning to private practice, Mark was general counsel and a member of the four-person executive team at ElectriCities of North Carolina, a management services company for two of the country’s largest power agencies, each jointly owning nuclear generation assets with the state’s investor-owned utilities.

Mark is heavily involved in civic activities in Raleigh and North Carolina. He is currently a member of the Duke Health Wake County Advisory Board, and he has previously served as a member of the Board of Directors of the NC Chamber of Commerce and the Board of Visitors of the UNC Children’s Hospital. Mark co-taught a class in the spring 2020 and 2024 semesters on renewable energy transactions as an adjunct professor at UNC Law.

Areas of Focus

Credentials

Recognition

  • The Best Lawyers in America®
    • Energy Law (2022-2026)
    • Government Relations Practice (2025-2026)
    • Energy Regulatory Law (2022-2023)

Education

  • University of North Carolina School of Law, J.D., with honors, 1996
  • University of North Carolina, B.A., with honors, 1993
    • Phi Beta Kappa
      • Honors Program

Bar & Court Admissions

Affiliations

  • Adjunct Professor, University of North Carolina School of Law (Spring 2020 and 2024)
  • Wake County Bar Association
  • North Carolina Bar Association, Business Law Section
  • Former Commissioner, North Carolina State Banking Commission
  • Board of Directors, North Carolina Chamber of Commerce
  • Board of Visitors, UNC Children’s Hospital

Experience

  • Represented a Nasdaq-listed bank holding company in its assumption of all customer deposits and certain other liabilities, and acquisition of substantially all loans and certain other assets, of a bridge bank, as successor to the failed bank subsidiary of a Nasdaq-listed bank holding company, from the Federal Deposit Insurance Corporation, as receiver for the bridge bank.
  • Represented an investor-owned utility in its acquisition and development of a utility scale battery energy storage system with surplus interconnection service.
  • Represented a generation developer in its acquisition and sale of over 10 renewable energy facilities.
  • Represented an affiliate of one of the nation’s largest utilities in its acquisition of a utility-scale renewable energy facility.
  • Represented an investor-owned utility affiliate in its acquisition and development of multiple behind-the-meter renewable facilities.
  • Represented an investor in its joint venture in renewable natural gas facilities.
  • Represented an investor-owned utility and its development and administration of an RFP for power supply fueled by specific renewable energy resources.
  • Represented a developer of a data center that will include self generation.
  • Represented a municipality in its acquisition of a stand-alone solar facility.
  • Represented investor-owned utilities and their affiliates, private parties and government entities in the negotiation of power supply agreements, interconnection agreements, and operation and maintenance agreements for utility scale facilities.
  • Represented a U.S industrial supplier in its sale to a strategic buyer in Europe.
  • Represented a private company in an auction process led by one of the nation’s largest investment banks in a prospective asset sale transaction worth over $1 billion.
  • Represented two private companies in their settlement negotiations with two investor-owned utilities in connection with a merger of two of the nation’s largest investor-owned utilities.
  • Represented new renewable facilities before the North Carolina Utilities Commission for Certificates of Convenience and Necessity.
  • Represented a health care company formerly listed on the New York Stock Exchange in a going-private transaction.
  • Represented two government-entity issuers in bond financings worth over $2 billion.
  • Represented a majority shareholder group in a tender offer and short-form merger in the context of a going-private transaction.
  • Represented a seller in its cross-border sale of a $50 million business division.
  • Represented a technology company in its acquisitions in Italy, France and India.

Insights

Events & Programming

  • Panelist, “Public and Private Actors Managing the Energy Transition,” Energy Transitions and Rural Communities, UNC-Chapel Hill School of Law, Chapel Hill, N.C.
    Speaking Engagement
  • Panelist, “Power Purchase Agreements,” Energy and Mineral Law Foundation Thirty-Seventh Annual Institute, Charleston, S.C.
    Event
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