Energy Litigation

Represented U.S. exploration and production company in the Louisiana Supreme Court in a US$70 million oil and gas dispute dealing with whether a joint operating agreement (JOA), written on the AAPL model form, covers future-acquired leases in the absence, from the JOA, of an area of mutual interest provision

Won and upheld summary judgment in bankruptcy court, federal district court, and the Fifth Circuit Court of Appeals on behalf of an independent oil and gas company on title claims related to leases and wells in the Barnett Shale

(5th Cir.) — Obtained a judgment for a producer of oil on the Alaskan North Slope for $14 million (net) for breach of the pricing formula of a crude oil sales contract involving price adjustments for Quality Bank credits on the Trans-Alaska Pipeline

Represented an oil and gas exploration and production company in appealing a fraud finding that nullified a multimillion dollar oil and gas lease; the matter was resolved successfully after the Louisiana appellate court reversed the trial court’s judgment

Obtained a False Claims Act victory fifteen years in the making on behalf of natural gas pipeline clients in a multidistrict litigation in Wyoming involving the alleged systemic manipulation of natural gas measurements resulting in alleged underpayment of billions of dollars of natural gas royalties owed to the federal government

Obtained a “no breach” jury verdict in a class action royalty case in New Mexico state court involving allegations of under-valuation of CO₂ produced for injection into oil reservoirs in the Permian Basin

Obtained a take-nothing jury verdict in a six-week trial on behalf of an exploration and production company involving royalty owners’ claims for $75 million based on alleged failure to timely engage in enhanced recovery efforts and alleged royalty underpayments

Obtained summary judgment on behalf of a multinational energy company against landowner’s trespass and conversion claims seeking more than $100 million

Defended U.S. oil companies in garnishment proceedings filed by a judgment creditor of an African foreign state seeking garnishment of royalty and tax obligations owed to the foreign state under a concession agreement for the exploration and production of oil in the foreign state, obtaining rulings from the Fifth Circuit Court of Appeals holding that the garnishment writs were improper

Tried and obtained a favorable judgment on behalf of a crude oil purchaser in Texas federal court and the Fifth Circuit in a lawsuit brought by a former affiliated entity alleging negligence and breach of fiduciary duty

Tried and obtained a favorable jury verdict in Texas state court on behalf of a domestic oil and gas company, defending against claims of breach of contract, underpayment of royalties, and fraud