On May 13, 2025, the U.S. Court of Appeals for the Second Circuit summarily affirmed a trial decision dismissing a $70 million claim against RWE Clean Energy involving the construction of the Cassadaga project, a wind farm in upstate New York.

Since 2021, Wilson Sonsini has represented renewable energy company RWE (and its predecessor, Innogy) in defending multiple contract disputes arising out of RWE’s acquisition of renewable energy projects.  A number of claims proceeded to trial in the Southern District of New York in November 2023, with the plaintiffs asserting that RWE had breached the covenant of good faith and fair dealing implied in the parties’ agreement by failing to complete construction of the Cassadaga project until after December 31, 2020, in order to avoid its obligation to make a $69.7 million milestone payment to the plaintiffs.

RWE prevailed following a five-day bench trial, with Judge Jennifer Rochon rejecting all claims that RWE had failed to diligently complete construction. The opinion was notable for describing the difficulties of wind farm construction work in New York during the early days of the COVID-19 pandemic and concluding that RWE endeavored to use its best efforts to complete construction, with any delays during that period understandable and not indicative of bad faith. 

Oral argument in the Second Circuit was held on May 9, and the Court of Appeals affirmed on May 13, finding no error in the district court’s holdings.

The Wilson Sonsini team that has represented RWE in its litigation over the years includes Eli Richlin, Alec Luhring, Sam Arnold, Sarah Mosisa, Anthony Geritano, and Jocelyn Rodriguez.  Wilson Sonsini collaborated with another firm on the representation.