Mark J. Malaspina
Partner
Litchfield, Waterbury
203.575.2625
203.575.2600

Education

  • Yale Law School, Law School
    J.D. 1982
  • Fairfield University, Undergraduate
    B.A. 1979
    summa cum laude

Admissions

  • Bar Admissions
  • Massachusetts
  • Connecticut
  • Court Admissions
  • U.S. District Court, District of Connecticut

Mark Malaspina, a partner in Carmody Torrance Sandak & Hennessey's Business Services Group, has performed a wide variety of legal services for clients in business, industry and government. Mark is called upon often by other attorneys in business and government to render advice to them concerning unique or complicated legal matters. A significant portion of Mark’s practice has involved commercial transactions, as well as project development and finance, negotiating and structuring all legal aspects of infrastructure and other construction projects from the conceptual stage through completion. Recent representative experience includes electric power generation projects, electric transmission projects, wastewater treatment projects, water system projects and brownfield redevelopment projects.

Mark has provided legal services to a large U.S. utility for over 30 years, spanning a wide spectrum of matters related to public utilities, independent energy, real estate, governmental relations, infrastructure, construction, and commercial and business activities in general. Mark has served as lead outside counsel for project development, financing, contracting and construction matters for this utility. Mark represented the unregulated subsidiary of this utility in electric power project development and acquisition throughout the world. Mark also represents other businesses in matters involving business structuring and governance, finance, contracts, real estate, and day-to-day operating issues.

Additionally, Mark has provided legal services to numerous state and local governmental and quasi-governmental agencies. Representative matters include constituent documentation and governance matters for boards and commissions, legislation, rules and regulations, contracts (including intergovernmental agreements), construction projects, purchase and sale of assets, election laws, economic development, workforce training and Freedom of Information laws.

Representative Experience

Construction Documents/Project Documents/Contract Documents

  • Templates for construction documents for legislatively mandated solar power projects
  • Contract templates for development and construction of large-scale electric transmission projects
  • Contracts for construction of gas-fired electric power plants
  • Intellectual property licensing agreements in electric, paint product and gaming industries
  • Contracts for placement of foreign high school students in private U.S. high schools
  • Agreements to resolve disputes involving damaged underground and undersea electric transmission cables
  • Project finance documentation for cogeneration and independent energy projects

RFPs

  • Preparation of RFP documents for supply of equipment and services to large-scale electric transmission projects

  • Preparation of RFP documents for construction of gas-fired electric power plants

  • Legal aspects of response to RFP for cogeneration project for hospital expansion

  • Preparation of RFPs and related contract documentation for lottery vendors

Joint Ventures

  • JV Agreement for enterprise to contract with U.S. electric utility for large-scale project development and construction

  • Potential JV between U.S. and Chinese company for joint development of large scale hybrid solar electric power plants in China

  • Potential JV between oil company and U.S. renewable energy project developer for large-scale hybrid solar/gas project in North Africa

Mergers and Acquisitions

  • Sale of $60M interest in large-scale electric transmission project under development in New England

  • $47M sale of assets in large-scale operating electric transmission project located in Connecticut

  • Intellectual property licensing establishing basis for long-term acquisition of a South American company

  • Sale of state-owned water system

  • Potential acquisition of large-scale hybrid solar/gas electric power plants under development in U.S.

  • Potential acquisition of interest in U.S. coal gasification project

  • Potential sale of large brownfield project involving former site of large-scale chemical plant

  • Connecticut counsel in IPO of former public company taken private in 2007

  • Served as lead counsel in the development and acquisition of electric power facilities on six continents
  • Served as lead counsel to a major U.S. utility in connection with engineering, procurement and construction for electric power generation and transmission projects, including underground and undersea cables
  • Negotiated and drafted power purchase agreements for cogeneration and independent power facilities in Connecticut and Massachusetts
  • Negotiated and drafted the first Connecticut mortgage securing electricity purchase agreement obligations
  • Negotiated a landmark settlement between a large municipality and outlying towns concerning operation of the municipality’s water system
  • Drafted legislation that resulted in formation of a state quasi-public agency
  • Resolved disputes involving the modification of voting districts resulting from the U.S. census
  • Represented a large municipality in the upgrade of its wastewater facilities
  • Represented former State Governor before State Elections Enforcement Commission
  • Martindale Hubbell AV Rating
  • Selected for inclusion in New England Super Lawyers, 2008 and 2009
  • Selected for inclusion in Connecticut Super Lawyers, 2006-2008, 2011
  • Served as Managing Partner of Carmody & Torrance from 2000 through 2005
  • Chaired Carmody & Torrance’s Utilities and Independent Energy Group from 1992 through 1999

Community Involvement

  • Founding Director, Palace Theater, Waterbury, Connecticut, 2003-2006
  • Director and Officer, Good News Fund, 1994-2002
  • Director and Officer, Executive Chambers Conservancy, 1995-2005
  • Trustee, St. Vincent Ferrer Roman Catholic Church, 1987-1990

Affiliations

  • American Bar Association
  • Connecticut Bar Association
  • Waterbury Bar Association (Director and Treasurer, 1987-1990)