Photo of Richard E. Matheny
Richard E. Matheny Senior Partner
Baton Rouge
richard.matheny@phelps.com
225-376-0210  direct
richard.matheny@phelps.com
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Richard Matheny practices in the areas of tax, public utilities and electric power, energy, corporate and securities, bankruptcy and creditors' rights, and general business matters. He represents clients in mergers and acquisitions of financial institutions, electric utilities and other businesses, representing both buyers and sellers.

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Richard Matheny practices in the areas of tax, public utilities and electric power, energy, corporate and securities, bankruptcy and creditors' rights, and general business matters. He represents clients in mergers and acquisitions of financial institutions, electric utilities and other businesses, representing both buyers and sellers.

Mr. Matheny served as an active duty officer in the U.S. Air Force, is a certified public accountant (inactive) and was a senior tax manager with the international accounting firm of Ernst & Whinney, a predecessor of Ernst & Young.

Experience Insights Memberships & Affiliations Recognition

Practice Focus

Experience

  • More than 40 years of experience representing individual and business taxpayers in federal, state and local tax matters, including tax controversies.
  • Tax counsel or securities counsel in numerous private placements of investment interests in real estate, oil and gas exploration, research and development and other business projects.
  • Advised individual clients in estate and gift tax planning, particularly with regard to interests in closely held business entities.
  • Advised individuals and businesses on the federal, state and local tax consequences of making, exiting and restructuring investments.  
  • Bankruptcy counsel to both debtors and creditors in matters involving reorganizations, rejections and renegotiations of executory contracts, confirmation or rejection of plans of reorganization, settlement of federal, state and local tax liabilities of debtors and bankruptcy litigation.
  • Counsel to electric utility on renewable energy policy and investments including fuel cell, biomass, geothermal, solar, syngas, wind and the negotiation of related university research and development contracts.
  • Special counsel to independent directors in the roll-up and going public transaction of a privately held oilfield services company and its affiliates.
  • Louisiana counsel to utility constructing coal-fired generating plant, including administration of EPC contract.
  • Transaction counsel to utility company in purchases and sales of electric power plants.
  • Counsel in mineral interest transactions representing owners in some transactions and acquirers in others.
  • Counsel in energy operating agreements representing operators in some transactions and investors in others.
  • Transaction counsel in numerous merger and acquisition transactions, including asset sales and stock sales, representing buyers in some transactions and owners in others.
  • Negotiation and drafting of industrial contracts representing owners in some transactions and contractors or vendors in others, including EPC agreements, subcontracts, joint operating agreements, fuel supply agreements, feedstock supply agreements, and marine construction contracts.

Insights

Publications
  • Treatise: Taxation of Public Utilities, Matthew Bender & Co. Inc. (2013)
  • "Game Changer - Shale Gas, the EPA and the Electric Power Industry," Oil, Gas & Energy Quarterly, Vol. IX, No. 4 (July 2012)
  • "The Combined Efficiency and Renewable Electricity Standard Provisions of HR-2454: The American Clean Energy and Security Act of 2009," Oil, Gas & Energy Quarterly (June 2010)
  • "The Carbon Capture and Sequestration Provisions of HR-2454: The American Clean Energy and Security Act of 2009," Oil, Gas & Energy Quarterly (December 2009)
  • "Tax Provisions of the Energy Policy Act of 2005 - The Credit for Production from Advanced Nuclear Power Facilities," Oil, Gas & Energy Quarterly (March 2009)
  • "Income Tax Allowances for FERC Regulated Pass-Through Entities," Oil, Gas & Energy Quarterly (June 2008)
  • "The Qualifying Advanced Coal Project Credit Under Section 48A of the Internal Revenue Code," Oil, Gas & Energy Quarterly (December 2007)
Speaking Engagements

Memberships & Affiliations

  • Board Certified Tax Law Specialist, certified by the Louisiana Board of Legal Specialization
  • Louisiana State Bar Association (Former Chair, Tax Section)
  • Baton Rouge Bar Association
  • American Institute of Certified Public Accountants
  • Louisiana Society of Certified Public Accountants
  • Louisiana State Bar Association Board of Legal Specialization (Tax Advisory Committee, 2006-2010)

Recognition

  • Louisiana State University’s E. J. Ourso College of Business Hall of Distinction (2009)
  • AV® Preeminent Peer Review Rated by Martindale-Hubbell
  • The Best Lawyers in America© - Tax Law (Baton Rouge Lawyer of the Year: Tax Law, 2016 and 2018)
  • Selected to the Louisiana Super Lawyers list, Super Lawyers (Thomson Reuters), 2007-2013

Industries

Education

  • Louisiana State University Law Center
    J.D., 1979
  • Louisiana Tech University
    B.S., magna cum laude, 1968

Admissions

  • Louisiana
  • U.S. District Court, Eastern District of Louisiana
  • U.S. District Court, Western District of Louisiana
  • U.S. District Court, Middle District of Louisiana
  • U.S. Tax Court
  • U.S. Court of Appeals for the Fifth Circuit
  • More than 40 years of experience representing individual and business taxpayers in federal, state and local tax matters, including tax controversies.
  • Tax counsel or securities counsel in numerous private placements of investment interests in real estate, oil and gas exploration, research and development and other business projects.
  • Advised individual clients in estate and gift tax planning, particularly with regard to interests in closely held business entities.
  • Advised individuals and businesses on the federal, state and local tax consequences of making, exiting and restructuring investments.  
  • Bankruptcy counsel to both debtors and creditors in matters involving reorganizations, rejections and renegotiations of executory contracts, confirmation or rejection of plans of reorganization, settlement of federal, state and local tax liabilities of debtors and bankruptcy litigation.
  • Counsel to electric utility on renewable energy policy and investments including fuel cell, biomass, geothermal, solar, syngas, wind and the negotiation of related university research and development contracts.
  • Special counsel to independent directors in the roll-up and going public transaction of a privately held oilfield services company and its affiliates.
  • Louisiana counsel to utility constructing coal-fired generating plant, including administration of EPC contract.
  • Transaction counsel to utility company in purchases and sales of electric power plants.
  • Counsel in mineral interest transactions representing owners in some transactions and acquirers in others.
  • Counsel in energy operating agreements representing operators in some transactions and investors in others.
  • Transaction counsel in numerous merger and acquisition transactions, including asset sales and stock sales, representing buyers in some transactions and owners in others.
  • Negotiation and drafting of industrial contracts representing owners in some transactions and contractors or vendors in others, including EPC agreements, subcontracts, joint operating agreements, fuel supply agreements, feedstock supply agreements, and marine construction contracts.
Publications
  • Treatise: Taxation of Public Utilities, Matthew Bender & Co. Inc. (2013)
  • "Game Changer - Shale Gas, the EPA and the Electric Power Industry," Oil, Gas & Energy Quarterly, Vol. IX, No. 4 (July 2012)
  • "The Combined Efficiency and Renewable Electricity Standard Provisions of HR-2454: The American Clean Energy and Security Act of 2009," Oil, Gas & Energy Quarterly (June 2010)
  • "The Carbon Capture and Sequestration Provisions of HR-2454: The American Clean Energy and Security Act of 2009," Oil, Gas & Energy Quarterly (December 2009)
  • "Tax Provisions of the Energy Policy Act of 2005 - The Credit for Production from Advanced Nuclear Power Facilities," Oil, Gas & Energy Quarterly (March 2009)
  • "Income Tax Allowances for FERC Regulated Pass-Through Entities," Oil, Gas & Energy Quarterly (June 2008)
  • "The Qualifying Advanced Coal Project Credit Under Section 48A of the Internal Revenue Code," Oil, Gas & Energy Quarterly (December 2007)
Speaking Engagements
  • Board Certified Tax Law Specialist, certified by the Louisiana Board of Legal Specialization
  • Louisiana State Bar Association (Former Chair, Tax Section)
  • Baton Rouge Bar Association
  • American Institute of Certified Public Accountants
  • Louisiana Society of Certified Public Accountants
  • Louisiana State Bar Association Board of Legal Specialization (Tax Advisory Committee, 2006-2010)
  • Louisiana State University’s E. J. Ourso College of Business Hall of Distinction (2009)
  • AV® Preeminent Peer Review Rated by Martindale-Hubbell
  • The Best Lawyers in America© - Tax Law (Baton Rouge Lawyer of the Year: Tax Law, 2016 and 2018)
  • Selected to the Louisiana Super Lawyers list, Super Lawyers (Thomson Reuters), 2007-2013