Concentration

Summary

• Chambers USA Guide America's Leading Business Lawyers, 2004, 2005, 2006, 2007, 2008 and 2009
• Chambers Global The World's Leading Lawyers, 2004 and 2005
• The Best Lawyers in America, 2006, 2007, 2008, 2009 and 2010
• Law & Politics, "Texas Super Lawyers," 2006, 2007, 2008 and 2009
• Member, CPR Panel for Energy and Utilities, CPR International Institute for Conflict Prevention and & Resolution
• Member, Complex Commercial Panel, American Arbitration Association

Representative Engagements

• Suit by royalty owners alleging that producers created a marketing affiliate for the purpose of buying and selling natural gas to avoid royalty payments. Anhalt, et al. v. USX Corp., et al., No. 91-091, in the Circuit Court of Fayette County, Alabama.
• Class action suit by royalty owners alleging that a producer imprudently marketed natural gas and natural gas liquids. Robinson v. Marathon Oil Co., in the 345th Judicial District Court of Patricio County, Texas, Cause No. 5-99-5114CV-C.
• Class action suits by royalty owners alleging that major oil producers underpaid royalties by using posted prices for calculation of royalties: see, Lease Oil Antitrust Litigation, MDL-1206.
• Class action suit by the Texas attorney general alleging violations of the Common Purchaser Act and violations of the state antitrust laws in connection with the purchase of crude oil. State of Texas, et al. v. Amerada Hess Corp., et al., United States District Court for the Western District of Texas, Austin Division, Civil Action No. 97-CA851SS.
• Class action claims by qui tam plaintiffs claiming that the United States government was defrauded by false claims relating to the payment of royalties due under six thousand separate leases on 27 million acres of federal and Indian lands. United States of America ex. rel. J. Benjamin Johnson, Jr., et al. v. Shell Oil Company, et al., No. 9:96CV66, United States District Court for the Eastern District of Texas, Lufkin Division.
• Suit by qui tam plaintiff alleging mismeasurement of natural gas produced on federal leases. United States ex rel. Grynberg v. Delhi Gas Pipe Corp., et al., Civil Action No. CIV-97-1101 R (W.D. Okla.).
• Suit by qui tam plaintiffs alleging the improper valuation of natural gas produced on federal leases. United States ex rel. Wright, et al. v. AGIP Petroleum Co., et al., Civil Action No. 9:98CV30 (E.D. Tex.).
• Suit by lessor to terminate lease for nonpayment of royalties. Jane Turner Sheppard v. C. W. Resources, et al., No. 486-97, in the 115th Judicial District Court of Upshur County, Texas.
• Suit by lessor to invoke "most favored nations" clause in gas purchase contract. Eulalia Vela, et al. v. Energy Development Corp., et al., No. 3,794, in the 49th District Court of Zapata County, Texas.

Oil and Gas Contracts

• Arbitration initiated by Southern California Gas Company in an effort to use a price redetermination clause in a gas purchase contract to escape above-market prices and to shift the cost of a $100 million gas treatment plant to Exxon. The contract involved the purchase of sour gas from Exxon's large gas reserve off the coast of Santa Barbara, California.
• Suit by Southern California Gas Company seeking damages from breach of contract resulting from the termination of a gas sales contract relating to Exxon's natural gas production from the Santa Barbara Channel. Southern California Gas Company v. Pacific Offshore Pipeline Company, et al., Case No. 01036528, in the Superior Court of California, County of Santa Barbara, Anacapa Division.
• Suit by Texas Eastern Transmission Company seeking to escape three high-volume, high-priced gas purchase contracts, each valued in excess of $1 billion. Texas Eastern Transmission Co. v. Amerada Hess, et al., United States District Court for the Western District of Louisiana, Opelousas Division, Civil Action No. 89-2036.
• Suit by Texas Eastern Transmission Company to avoid a gas substitution clause permitting the substitution of gas from a different delivery point, causing an increased take obligation in excess of $600 million. Texas Eastern Transmission Corp. v. Marathon Oil Company, United States District Court for the Eastern District of Louisiana, Civil Action No. 96-4079.

Oil and Gas Operations

• Suit by royalty owners for trespass and drainage damages resulting from a deviated well bore. Vela, et al. v. Wagner & Brown Ltd., in the 49th Judicial District Court, Zapata County, Texas, No. 5125.
• Suit by joint interest owner alleging breach of joint operating agreement and a failure to develop properties pursuant to a farm-out agreement. Stine v. Marathon Oil Co., 976 F.2d 254 (1992).
• Suit for fraud and breach of contract, and for appointment of receiver to manage partnership created to develop an oil concession in Mongolia. H. S. Finkelstein, et al. v. Exploration Associates International of Texas, Inc., et al., in the 164th Judicial District Court, Harris County, Texas, No. 93-065069.
• Suit by lessor for termination of lease due to alleged cessation of production. James Beavers, et al. v. Wagner & Brown, Ltd., et al., in the 115th Judicial District Court, Upshur County, Texas., C.A. No. 226-95.
• Suit by working interest owner for alleged breach of provision in a joint operating agreement relating to maintenance of uniform interest. C. W. Resources, Inc., et al. v. Valence Operating Co., in the 124th Judicial District Court, Gregg County, Texas, C.A. No. 97- 2452-B.
• Suit for breach of geophysical and lease options, and counterclaim for fraud by promoter. Carnes v. Wagner & Brown, in the 190th Judicial District Court, Harris County, Texas, No. 97-34582.
• Suit for return of earnest money in failed sale of oil and gas properties. Enervest Energy, L.P. v. Saba Energy of Texas, Inc., in the 152nd Judicial District Court, Harris County, Texas, No. 1999-30673.

Offshore Drilling Rigs, Production Platforms, and Pipelines

• Suit by investors relating to the purchase of six offshore drilling rigs to be constructed and delivered to the North Sea. Plaintiffs sought $1 billion in damages, alleging breach of contract, fraud, RICO violations, and tortious interference. CMC v. Amfels, Inc. and Far East Levingston Shipbuilding Ltd., United States District Court for the Southern District of Texas, Houston Division, Civil Action No. 90-3417.
• Antitrust suit by a large group of oil and gas producers and natural gas pipelines against Brown & Root and J. Ray McDermott in connection with an alleged worldwide conspiracy to allocate markets and fix prices on offshore production platforms and pipelines. In re Marine Construction Antitrust Litigation, MDL 417, United States District Court for the Eastern District of Louisiana

Coal Leases

• Suit for termination of coal leases. IEC (Montgomery), LLC, et al. v. BPI Energy, Inc., Civil Action& No. CV-07-BE-0272-S United States District Court for the Northern District of Alabama.

Gas Storage Facilities

• Suit for damages to oil and gas wells from construction of gas storage facility. Ice Brothers, Inc., et al. v. Enstor Waha Storage and Transportation, L.P., et al. No. P-10608-112-CV, in the 112th Judicial District Court of Pecos County, Texas.

Seismic Data

• Suit by seismic company for alleged breach of contract and misappropriation of seismic data. TGS Geophysical Co. v. Apache Oil Co., No. 92-054905, in the 61st Judicial District Court of Harris County, Texas.

Wholesale Natural Gas Trading

• Multiple class actions and individual actions concerning alleged manipulation of natural gas price indices in federal and state courts:
       In re Western States Wholesale Natural Gas Antitrust Litigation, MDL-1566
       Natural Gas Anti-Trust Cases I, II, III, & IV, Case No. JCCP Nos. 4221, 4224, 4226, and 4228; Superior Court of the State of California , County of San Diego
       The State of Nevada, et al. v. Reliant Energy, Inc., et al., Case No. A497439; District Court of Clark County Nevada
       Samuel D. Leggett, et al. v. Duke Energy Corporation, et al., Case No. 13847; Chancery Court of Tennessee, 25th Judicial District at Somerville
       Arandell Corporation, et al. v. Xcel Energy Inc., et al., Case No. 07-C-0076-C, United States District Court for the Western District of Wisconsin
• Suit for recovery of losses on NYMEX futures trades resulting from alleged manipulation of spot gas prices. Cornerstone Propane Partners, L.P. v. Reliant Energy Services, Inc., et al. 03-CV-6186, United States District Court for the Southern District of New York; Gracey v. American Electric Power Company, Inc., et al., 03-CV-7750, United States District Court for the Southern District of New York; Viola v. Reliant Energy Services Inc., et al., 03-CV-9039, United States District Court for the Southern District of New York.

Retail Natural Gas

• Suit by retail customers alleging that their local gas utility conspired with its pipeline suppliers to fix natural gas prices. Maher, et al. v. CenterPoint Energy, et al., Wharton County District Court, No. 38075.

Electric Utility Operations

• Multiple class action suits on behalf of ratepayers in California claiming that Reliant Energy and other generators and energy trading companies conspired to withhold generating capacity in order to drive up the wholesale price of electricity in California, In re California Wholesale Electricity Antitrust Litigation, MDL-1405.
• Suits by the California attorney general under § 7 of the Clayton Act. People of the State of California, et al. v. Reliant Energy Inc., et al., No. C-02-1788 (N.D.Cal.)

Nuclear Power Plant Construction and Operation

• Suit against architect-engineer and construction manager in connection with the failure to prosecute engineering and construction in timely and cost-efficient manner. Houston Lighting & Power Co., et al. v. Brown & Root, Inc., No. 81-H-0686-C, in District Court of Matagorda County, Texas.
• Hearing counsel in licensing hearings before the U.S. Nuclear Regulatory Commission in connection with the Allens Creek Nuclear Generating Station.
• Suit by minority owner for $800 million in connection with allegations of fraud, breach of contract, and DTPA violations arising from joint ownership and construction of the South Texas Nuclear Project. City of Austin v. Houston Lighting & Power Co., 844 S.W.2d 773.
• Suit by minority owner seeking recision and repayment of $1.6 billion investment in the River Bend Nuclear Plant. Cajun Electric Power Cooperative, Inc. v. Gulf States Utilities Co., United States District Court for the Middle District of Louisiana, No. 89-474-B.
• Suit by minority owners for $350 million in damages related to an extended outage at the South Texas Nuclear Project. Austin, et al. v. Houston Lighting & Power Co., Harris County District Court, No. 94-007946.
• Investigation by the U.S. attorney and the U.S. Nuclear Regulatory Commission into alleged material false statements to the NRC by employees of Yankee Atomic Electric Company.

Transmission Lines

• Antitrust action in connection with an alleged refusal to interconnect with electric utilities operating outside the state of Texas. West Texas Utilities Co. v. Texas Electric Service Co., 470 F. Supp. 798 (N.D. Tex. 1979).
• Contested application to build a 400-mile direct current transmission line. PUC Docket 5023, "Application of CPL, HL&P and SWEPCO for 400 KV Transmission Line Between Walker County to Matagorda Station at STP."
• Contested application to compel retail wheeling. PUC Docket 8650, "Petition of Central Power & Light Company for Declaratory Order or, Alternatively, Amendment of Rules."
• Civil Investigative Demand in connection with alleged conditions imposed on transmission access. Houston Industries, Inc. v. Daniel C. Kaufman, et al., United States District Court for the Southern District of Texas, Houston Division, Civil Action No. 95-5237.

Gasoline

• Suit by group of Shell dealers alleging price discrimination under the Robinson Patman Act. Mary Chawla, et al. v. Shell Oil Company, et al., 75 F. Supp. 2d 626 (S.D. Tex. 1999).
• Suit by 600 Shell dealers alleging fraud and breach of contract in connection with rent and charges for gasoline purchased from Shell Oil Company. HRN, Inc., et al. v. Shell Oil Company, et al., No. 1999-28202; in the District Court of Harris County, 234th Judicial District.

Petrochemicals

• Antitrust suit by Shell Oil Company for $25 million in damages against power supplier for an outage at Shell's Deer Park Refinery. Shell Oil Company v. Houston Lighting & Power Co., in the District Court of Harris County, Texas, No. 89-037773.
• Suit against Shell Oil Company and others for damages in excess of $600 million for the failure of a joint venture to license and manufacture polypropylene resin, catalyst, and technology. Union Carbide Corp. v. Montell N.V., et al., United States District Court for the Southern District of New York, Civil Action No. 95CV0134 (SAS).

Mechanical and Metallurgical Failures

• Suit for failure of flue gas ash removal equipment in coal- and lignite-fueled power plants. The premature failure was due to improper material selection for high-temperature operations. Houston Lighting & Power Co. v. Combustion Engineering, United States District Court for the Southern District of Texas, Houston Division, Civil Action No. H-92-355.
• Suit for deficient design and construction of cooling towers at a lignite-fueled power plant. Houston Lighting & Power Co. v. Zurn Industries, No. 88-59439, District Court of Harris County, Texas.
• Suit for failures of feedwater preheaters at a natural gas fueled power plant. The failures were caused by defective manufacturing procedures for material selected for use in a cooling water application in a saline environment. HL&P v. Crucible Materials Corp., United States District Court for the Southern District of Texas, Houston Division, Civil Action No. 89-02435.
• Suit for defective bolts used in construction of a warehouse wharf. Manchester Terminal Corporation v. Skyline Steel Corporation, in the 295th Judicial District Court of Harris County, Texas, No. 96-6338.
• Suit for defective design and construction of dock facilities. Manchester Terminal Corp. v. Sylva Engineering Corp., et al., In the 295th Judicial District Court of Harris County, Texas, No. 96-50990.

Publications, Speeches, and Presentations

• Co-Chair, CAIL Annual Conference on Oil and Gas Law, 2005-2006
• Moderator, Deloitte Financial Advisory Services' General Counsel Dinner, Houston, December 2006
• "Punitive Damages in Oil and Gas Cases," CAIL 5th Annual Energy Litigation Conference," Houston, October 2006
• "Update on Power and Gas Trading Litigation and Governmental Investigations," 2nd Annual Energy Litigation Program, Houston, November, 2003
• "Recent Trends in Energy Litigation," 54th Annual Oil and Gas Law Institute, Houston, February 2003
• "The Application of the False Claims Act in Oil and Gas," 4th Annual National Institute on the False Claims Act and Qui Tam Enforcement, Washington, D.C., January 2003
• "Legal Issues and Practical Considerations in the Settlement of a Class Action Lawsuit," Oil and Gas Law and Taxation: Energy in the New Millennium, Southwestern Legal Foundation, Dallas, February 2000
• "Royalty Litigation Update," The Business Torts Institute: Trends and Issues in Commercial Litigation, Houston Bar Association, Houston, January 2000
• "Current Developments in Royalty Litigation," American Bar Association, Energy, Environmental and Resources Section Meeting, San Diego, October 1999