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Strategic partner and advisor to company executives with proven ability to close critical business and legal matters. Experiences include -Commercial: Sales (drafting and negotiating sales agreements and advising on commercial bid strategy), procurement (drafting RFPs, analyzing proposals, negotiating and drafting procurement and services agreements), real estate (drafting and negotiating leases and property acquisitions), insurance (managing annual renewals and claims), financing (drafting and negotiating equipment leases), and new product market development (and entity creation to exploit such new markets).M&A: Corporate development team member, including diligence, deal term negotiations, and business case analysis. Corporate and Securities: SEC and NASDAQ compliance, Sarbanes-Oxley compliance (owning multiple entity level internal controls), SEC filings (assist with 8-K, 10-Q/K and proxy drafting).Intellectual Property: Manage global patent portfolio (including patent risk management, infringement analysis, and patent and trademark prosecution); draft and negotiate IP agreements (including inbound and outbound patent licenses, joint development, non-disclosure agreements, material transfer, and commercial contracts with business partners and customers in the U.S., Canada, and Europe).Employment: Draft and review internal policies (including whistleblower, insider trading, IT access, privacy, covid-19, and employee handbook), draft and review employment related agreements (including severance, consulting, staffing, and recruiting agreements). Environmental: Advise and assist environmental team on permit compliance, permit renewals, and permit modifications.Board Advisor: Provide advice to the Board of Directors on corporate, legal, and governance matters and enterprise risk assessment.
Advanced Emissions Solutions, Inc.
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General Counsel And Corporate SecretaryAdvanced Emissions Solutions, Inc. Jul 2022 - Present
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Interim General Counsel And Interim Corporate SecretaryAdvanced Emission Solutions, Inc. Nov 2021 - Jul 2022Denver, Colorado, United StatesAdvanced Emissions Solutions, Inc. (NASDAQ: ADES) provides solutions to customers in power generation, municipal water and other industries through the proprietary emissions control and water purification technologies of our subsidiaries and joint ventures. Our proprietary technologies and associated product offerings provide pollutant control solutions to enable coal-fired power generators and industrials as well as municipal water to meet applicable regulations. Our current products and services provide solutions across the entire spectrum of coal-fired power generators' needs. Advanced Emissions Solutions, Inc. serves as the holding company for ADA-ES, Inc., ADA Carbon Solutions, LLC, and through ADA-ES is an owner in Tinuum Group, LLC and Tinuum Services, LLC.
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Assistant General CounselAda Carbon Solutions Apr 2021 - Jul 2022Denver Metropolitan AreaAs Assistant General Counsel, I am primary commercial and transactional counsel at ADA Carbon Solutions and CarbPure Technologies on a wide range of substantive legal and practical matters ranging from: employment law to intellectual property and patent work to real estate leasing to sales, procurement, and research and development contracts. In working with our leadership team, my primary focuses have been on assessing the risks (and potential risks) of various actions as they may impact our bottom line, while advising members of the business leadership team on possible alternatives that will sufficiently mitigate such risks to allow us to get to “yes” on matters that increase our sales, streamline our operations, or improve the efficacy of our activated carbon products.In addition, I advise and provide legal assistance to our corporate parent company Advanced Emissions Solutions, Inc. (NASDAQ: ADES) on strategic and M&A work. Recent key contributions include drafting and negotiating an approximately $20M mine reclamation agreement with a leading publicly traded mining company that was a critical component to a larger strategic transaction.My specialties include:• Drafting and Negotiating a Variety of Contracts such as - Activated Carbon Sales Contracts, Procurement Contracts, Motor Carrier Agreements, Waste Disposal Agreements, Real Estate and Operational Leases (including any Associated Financing Leases), and Non-Disclosure Agreements• Creating and Implementing Internal Policies and Procedures• Advising on Trends in Employment, Environmental, and Business Laws and Regulations• Drafting General Corporate Documents• Legal Research and WritingI enjoy working to ensure ADA Carbon Solutions’ continued growth as an industry leader in the mercury emission control and water purification markets. -
Senior CounselAda Carbon Solutions Mar 2017 - Apr 2021Greater Denver Area -
Associate General CounselAda Carbon Solutions Jul 2014 - Feb 2017Greater Denver Area -
AssociateTroutman Sanders Llp Sep 2008 - Jul 2014I serve as the primary contact for a large utility company client, managing and growing this valuable firm relationship by directly advising executives on transactional, regulatory, and litigation issues related to telecommunications infrastructure. • Negotiated and drafted infrastructure agreements, including fiber leases, IRU’s, collocation contracts, rights of ways, and pole attachment agreements, between clients and municipalities, state agencies, and telecommunications and wireless carriers, increasing client revenues and reducing client liabilities.• Provided a large international telecommunications carrier with a comprehensive memorandum on U.S. Regulations imposed on Voice over Internet Protocol (VoIP) carriers, allowing business executives to properly assess whether to enter the U.S. VoIP market.• As part of an international client’s acquisition of part of a U.S. telecommunications company, successfully transferred the applicable FCC licenses and ensured regulatory approval by the Department of Justice, Department of Defense and Department of Homeland Security.• Counseled utility and general contractor clients on construction license and mechanics lien requirements for their large scale utility and commercial construction projects, which protected clients’ risk exposure.• As part of a construction litigation team, defended both owners and general contractors from liability in multiple multi-million dollar construction actions.
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InternU.S. Court Of Appeals Jul 2006 - Aug 2006 -
InternUnited States Attorney'S Office Sep 2005 - Dec 2005
Clay Smith Skills
Clay Smith Education Details
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WestminsterN/A
Frequently Asked Questions about Clay Smith
What company does Clay Smith work for?
Clay Smith works for Advanced Emissions Solutions, Inc.
What is Clay Smith's role at the current company?
Clay Smith's current role is General Counsel and Corporate Secretary.
What is Clay Smith's email address?
Clay Smith's email address is cl****@****-cs.com
What schools did Clay Smith attend?
Clay Smith attended Tulane Law School, Colby College, Westminster.
What skills is Clay Smith known for?
Clay Smith has skills like Litigation, Legal Research, Legal Writing, Commercial Litigation, Contract Negotiation, Trials, Appeals, Civil Litigation, Business Litigation, Contract Law, Sales Contracts, Trade Secrets.
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Clay Smith
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Clay Smith
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Clay Smith
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