Energy Litigation

Our Energy Litigation practice spans from administrative to appellate litigation, including litigation before administrative agencies, and federal and state courts across the country. We have an active administrative litigation practice for our utility clients before the Federal Energy Regulatory Commission, and our practitioners handle appeals of these and other matters before the Courts of Appeals and the United States Supreme Court. In other federal and state matters, we conduct early investigations, litigation before the trial court and jury, and appeal of adverse decisions. Our energy litigation also involves electric and natural gas conveyance issues; oil royalty valuation issues; controversies arising out of electricity price spikes; and shareholder, antitrust, and breach of contract disputes.

Our lawyers have represented:

  • PJM Power Providers Group (P3), whose members include Exelon, PSEG Energy Resources & Trade, Calpine Corporation, NRG, PPL Corporation (PPL), and NextEra Energy Resources, LLC, as well as the PPL companies individually, in the US Supreme Court's review of FERC Order No. 745 relating to demand response.
  • Domestic oil and gas company in Houston in federal trial court against claims of breach of contract, quantum meruit, and fraud. Obtained a jury verdict.
  • Publicly traded oil and gas company in shareholder litigation arising from a $30 billion merger.
  • Sacramento Municipal Utility District (SMUD) in its lawsuit against the United States Department of Energy for failing to remove and dispose of SMUD's nuclear waste as required by federal law. After multiple trials, our client has been awarded more than $75 million in damages.
  • Royalty owners as lead counsel in a breach of contract and conversion lawsuit against an international exploration and production company concerning offshore mineral rights in Equatorial Guinea. Case settled successfully with our client receiving millions of dollars.
  • Operator of oil and gas leases in east Texas in a class action lawsuit alleging failure to properly develop oil and gas leases.
  • Limited partners in a multi-phase arbitration proceeding over an LPG venture in Equatorial Guinea. Won a major award including past damages and future revenue sharing.
  • FORTUNE 10 integrated energy corporation in defamation and business disparagement lawsuit brought by a geophysical data company. Obtained summary judgment against all of plaintiff's claims, which were subsequently affirmed by the court of appeals.
  • Foreign sovereign integrated energy company against claims of forced labor and other human rights violations brought under the Alien Tort Claims Act. Obtained dismissal of all claims on Foreign Sovereign Immunity Act grounds, and won affirmation at the US Court of Appeals for the Eleventh Circuit.
  • Independent power producer against claims brought by a former officer in connection with a well-publicized accounting and structured finance scandal. Obtained dismissal of all claims against our client.
  • FORTUNE 10 integrated energy corporation in prosecuting product-liability and construction-defect claims arising from near-loss of a semi-submersible oil platform in the deepwater Gulf of Mexico.
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