Energy

Defended one of the largest natural gas producers in the United States in a blowout case against claims of gross negligence to preclude enforcement of limitation of liability, indemnity and allocation of risk provisions in a Master Service Agreement, with the court awarding nearly $10 million in damages, including prejudgment interest, to the client.

Represented a provider of infrastructure services in connection with various issues concerning an engineering, procurement and construction contract regarding the Maurepas Pipelines Project, which has three separate pipelines measuring approximately 100 miles in aggregate, and three new pumping stations. The project spans Ascension, St. Charles, St. James and St. John the Baptist parishes in Louisiana and will provide local refineries with pipeline access to domestically produced crude oil. The latest issue has involved contesting $20+ million in liens asserted by the pipeline owner in four parishes.

Represented an international drilling contractor in the defense of claims arising out of the BP oil spill multi-district litigation. The case focused on complex technical matters involving geology, well design and construction, subsea blowout preventers, drilling operations, well control, production and source control. We took more than 50 depositions involving the aforementioned issues, were responsible for managing numerous expert reports, and prepared multiple witnesses for trial. We actively participated in the Phase One and Two trials, which lasted a total of four months.

Represented an offshore oil and gas producer in a federal criminal investigation regarding an explosion on a company-owned platform.

Special committee of a public energy company board of directors in connection with $150 million asset sale.

Represented an oil and gas company in the $89 million sale of substantially all of its assets.

Defended an ICC arbitration and two appeals to the U.S. Fourth Circuit Court of Appeals in securing confirmation of an international arbitral award on behalf of a state-owned petroleum company, which resulted in the dismissal of more than $100 million in breach of contract and tort claims arising out of the sale of multiple gasoline shipments, and ordered reimbursement to the client of more than $730,000 in attorneys' fees and costs.

Defended a major chemical company in Louisiana against a significant environmental enforcement action by the U.S. government and contamination claims by local residents. In the federal enforcement action, the government sought civil penalties for violations of the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act and the Clean Air Act. The surrounding residents sued for damages alleging trespass and other state law claims. After several days of trial in the enforcement action, the client concluded a favorable settlement with U.S. government.

Defended and obtained dismissal of client and its employee for personal injuries to subcontractor's employee resulting from unintended pressure release at chemical plant.

Defended international chemical company in series of suits brought by neighboring residents and municipality alleging contamination of nearby properties and RCRA violations under RCRA's citizen suit provision. Favorable settlement of most claims was reached just prior to trial, and dismissal of remaining claims for violation of Lone Pine order recommended by magistrate.

Successfully defended numerous chemical and petrochemical companies against benzene-exposure claims by former employees and contractors in multiple states' courts.

Lead trial counsel defending chemical manufacturer against claims for breach of a tolling agreement.

Represented equity investors, lenders and landowners in large solar energy facilities, including addressing real estate issues and state and local tax incentives.

Development and financing of solar energy farms, including developers, lenders in equipment sale-leaseback transactions and tax equity investors.

Successfully represented an international construction, fabrication, and engineering concern in litigation before the Eastern District of Washington involving allegations of fraud, gross negligence and construction defects related to the construction of silicon and silicate refining facilities for a subsidiary of a major European solar power concern.

Represented a solar manufacturer/installer in the acquisition of multiple limited liability companies.

Represented an offshore construction firm in connection with bidding on offshore wind farm construction in Massachusetts.

Represented one of the largest ethanol distributors in the United States in the sale of a controlling interest to a Brazilian-based sugar trader for approximately $110 million in cash and securities.

Represented a biofuel company in the closing of a $240 million refinancing of a syndicated credit facility on behalf of the client and nine subsidiaries.

Represented a client in the sale of its nationwide solar asset management company, which was valued at $26 million and provided solar power system operations and maintenance services, to a private equity company.

Assisted in the defense of contractors operating a nuclear fuel reprocessing facility in a putative class action brought by neighboring landowners alleging releases of hazardous materials and radionuclides over 50 years. Secured dismissal under the Price-Anderson Act.

Provided construction counsel in connection with $80 million in delay and overhead claims associated with the allegedly defective design of a nuclear materials storage facility.

Represented a nuclear energy company in the formation of a joint venture/development agreement to focus on the joint development and licensing of the company's advanced small modular saline-cooled nuclear reactor.

Served as local counsel for the unsecured creditors' committee in a coal mining company case involving three mines in West Virginia and one in Alabama and more than $175 million in secured debt.

Represented a coal mining operation in all aspects of legal compliance including environmental.

Defended a global company in a multimillion-dollar suit in federal court brought to enforce coal supply contracts for manufacturing plants located in Alabama and Georgia.