Bobby Brown is a partner with an extensive practice advising clients in addressing real estate, title and survey issues arising in connection with the development, construction, finance, and disposition of wind and solar energy generating and transmission projects across the United States, in addition to negotiating option, lease, purchase, access/utility easement, and surface waiver agreements relating to the construction and operation of solar energy facilities and energy storage systems. Bobby’s practice also includes advising clients with respect to the acquisition, disposition, development, leasing, and financing of various asset classes, including multi-family, office, retail, timberland, and vacant land. He is a member of the firm’s Real Estate Practice and Energy Sector as well as the firm’s Veterans and Allies Affinity Group.
Prior to joining Foley, Bobby served as a senior attorney at the Internal Revenue Service’s Office of Chief Counsel. During his time with Chief Counsel, he provided strategic legal counsel to IRS field personnel and the IRS Office of Appeals on federal tax cases involving complex businesses and high net-worth individuals. Bobby effectively litigated 16 cases on behalf of the IRS in the U.S. Tax Court. Some of his docketed court cases involved the adversarial dissolution of an S-corporation, substantiation of basis and amounts at-risk in S corporations to permit flow-through losses, valuation of real property conservation easements, I.R.C. § 469 passive activity loss for alleged real estate professionals, and fraud.
Bobby has a distinguished military career, attaining the rank of Captain and serving more than six years in the U.S. Army. He was an Airborne Ranger and Jumpmaster with the 82nd Airborne Division when he participated in the invasion of Iraq as the executive officer of an infantry company of paratroopers. While in Baghdad, he also served on battalion staff as the battalion’s human intelligence officer, where he interviewed Iraqi informants, interrogated detainees, served as the liaison to local Special Forces units, and acted as the on-ground intelligence adviser for the commanding officer during combat missions. Bobby served two tours in Iraq in support of Operation Iraqi Freedom.
Representative Experience
- Represented a leading U.S. renewable energy developer in connection with negotiating ground leases and easement agreements and closing on various land acquisitions for a 500 MW solar energy facility in New York
- Represented a major U.S. renewable energy company with negotiating ground leases, easement agreements, and surface waiver agreements with the owners of oil, gas, and mineral rights for a 514 MW solar project in Webb County, Texas
- Represented a major U.S. renewable energy company with negotiating ground leases, easement agreements, and surface waiver agreements with the owners of oil, gas, and mineral rights for a 500 MW solar project in Nolan County, Texas
- Represented a leading U.S. renewable energy developer in connection with negotiating ground leases for a 514 MW solar project in Wharton County, Texas
- Represented a leading U.S. renewable energy developer in connection with negotiating ground leases for a 500 MW solar project and 50 MW battery storage system in Falls County, Texas
- Represented a major U.S. energy storage developer with the negotiation of option and purchase agreements for a 400 MW battery project in Comanche County, Texas
- Represented a major energy storage developer with the acquisition of land in California for a 150 MW energy storage project
- Represented a major energy storage developer with the negotiation of a ground lease for a 10 MW battery storage facility in Riverside County, California
- Represented a leading U.S. energy storage developer with the negotiation of an easement agreement for a 20 MW energy storage facility in Riverside County, California
- Represented a major energy storage developer with the negotiation of a ground lease for a 20 MW battery facility in Orange County, California
- Represented a leading U.S. solar developer with negotiating ground leases for a 80 MW solar project in Alabama Represented a solar developer with negotiating ground leases for a 500 MW solar project in Kansas
- Represented a major U.S. renewable energy developer with negotiating ground leases for a 200 MW solar project in Missouri
- Represented a major U.S. renewable energy developer with negotiating ground leases for a 150 MW solar project in Montana
- Represented a leading U.S. renewable energy company in connection with negotiating the ground lease to construct and operate a 20 MW solar energy facility in Virginia
- Represented a solar developer with real estate matters in connection with the sale of a 10 MW solar energy facility in Virginia
- Represented a solar developer in connection with the project development of a 4 MW solar energy project in Florida
- Represented seller in sale of two solar PV projects (35 MW) in the southeast U.S.
- Represented solar developer in connection with securing $41 million construction financing for the development of solar energy projects
- Represented a major U.S. renewable energy company in early to mid-stage development of several wind energy projects in Maryland and Michigan
- Represented affiliates of Starwood Capital in connection with the $185 million portfolio sale of seven office complexes located in multiple states
- Represented a family office in $720+ million of acquisitions of timberland in the southeast U.S.
- Represented a major U.S. financial institution in a $100 million revolving loan and a $75 million revolving loan secured by over 61,400 acres of timberland in the southeast U.S.
- Represented a real estate developer with purchase of land within a master planned unit development for the purpose of constructing an assisted living facility in Florida
Awards and Recognition
- Best Lawyers: Ones to Watch, Corporate Law (2021, 2022 and 2023)
- He has been recognized by Three Rivers Legal Services’ Low Income Taxpayer Clinic for assisting numerous pro bono clients to resolve their cases with the IRS — both administratively and within the U.S. Tax Court.
- During his military career, he was awarded a Bronze Star for superior performance during the invasion of Iraq, the Presidential Unit Citation, Valorous Unit Award, Joint Meritorious Unit Award, Joint Service Commendation Medal, Global War on Terrorism Expeditionary and Service Medals, Army Commendation Medal, Army Achievement Medal, the Combat Infantryman’s Badge, the Expert Infantryman’s Badge, Ranger Tab and the Senior Parachutist Badge.
Affiliations
- Bobby serves on the Christ’s Church Academy Advancement Team and is in his eleventh admissions cycle as a West Point Admissions’ Liaison Officer.
- Previously, he served on the Board of Trustees of Christ Church Academy, as the West Point Admissions’ Congressional District Coordinator for Florida Congressional Districts 04 and 06, and on the West Point Society of North Florida Board of Directors, chairing the Academic Committee.
- He is a member of the Urban Land Institute and the Jacksonville Bar Association.
Community Involvement
- Bobby has also served as head coach for his son’s 12U baseball team for the last three seasons. Bobby is a member of the Sons of the American Revolution and the Rotary Club of downtown Jacksonville (previously serving as the Classification Committee Chair).