Texas has long played a key role in the national energy industry – whether in oil and gas production, the generation of wind power or the exploration of alternative energy sources. No wonder, then, that Haynes and Boone’s extensive presence in Texas means substantial experience in energy law. Our appellate lawyers have been immersed in trial and appellate energy cases for more than a decade. We partner with trial counsel both inside and outside the firm and handle some of the most significant appeals in the industry.
One example of our collaboration with trial counsel is Exxon v. Lloyds of London, which resulted in a judgment for our client of $420 million, the second largest judgment in Texas history (after Pennzoil v. Texaco). At the request of the oil company, our appellate lawyers took charge of all law-related aspects of that insurance coverage case, including summary judgments, privilege disputes, removal and remand and the jury charge. This division of responsibility allowed the trial team to focus on taking depositions, marshalling the evidence, and presenting our case to the jury.
While particularly noteworthy, Exxon v. Lloyds of London is but one example of the many cases in which our appellate lawyers function as an integral part of the trial team. We provide similar services in disputes involving oil and gas leases, environmental claims, toxic torts and other energy-specific claims. Our appellate lawyers possess the substantive and procedural experience in energy law to help clients and trial counsel win at trial and on appeal. Examples of issues we have handled in oil and gas and energy-related appeals include both industry-specific subjects and universal appellate issues, such as:
- Construction of joint operating agreements;
- Oil and gas claims in bankruptcy court;
- Oil and gas lease terminations;
- Environmental contamination claims;
- Presentation of and challenges to experts’ testimony on toxicology;
- Personal and subject matter jurisdiction;
- Anti-suit injunctions;
- Attorneys’ fees;
- Violations of the Statute of Frauds; and
- Sovereign immunity.