Energy Litigation and Arbitration: Business Issues We Understand
The energy industry is one of the most complex and dynamic sectors in the world, and only its key players understand the fine line that separates fortune from failure.
Energy disputes are no different. With matters ranging from contract issues to cross-border production, environmental/toxic tort, offshore drilling and marine construction, coastal land loss, operator issues, and royalty and royalty trust disputes, your legal team must have deep industry knowledge to deliver results.
Haynes and Boone has assembled a highly experienced group of litigators who understand the key issues and the business needs of energy clients. The lawyers in our Energy Litigation Practice Group regularly work on highly technical issues and commercial legal matters for some of the most recognizable names in the industry, and our experience includes litigation in state and federal courts across the U.S., as well as domestic and international arbitration proceedings.
With a focus on the upstream sector, our team is adept at handling large-scale cases involving energy exploration, production, development, and generation for clients ranging from major oil and gas corporations and oilfield services companies to operators, landowners, financiers, and joint venture partners. Offshore drilling is a key area of our energy dispute work in London. The team also has substantial experience in the midstream segment, handling gathering, processing, and transportation disputes, pipeline construction disputes, and disputes arising out of accidental leaks and releases.
What Makes Us Different
We have a team of pure oil and gas litigators who can handle virtually any type of energy-related case. Our litigators made a professional commitment to dedicate their focus to energy disputes. This means our clients do not have to wait for us – or pay for us – to get up to speed on industry issues.
Many of our litigators have been seconded to major oil and gas companies. This gives our team a distinct advantage in knowing the day-to-day operational and legal needs of energy companies. We not only understand our clients’ business concerns, but we can also identify and minimize potential risks, resolve business conflicts, and provide strategic counseling to our clients.
Our depth of knowledge of the legal needs of oil and gas companies is rivaled by few other firms. Because of our industry experience, our Energy Litigation team is often sought out by other law firms as co-counsel because of our sophisticated, highly technical experience. And when needed, we often serve as replacement counsel, frequently parachuting in as lead counsel on the eve of trial. While we approach all cases from a trial-ready posture, we also strive to bring an early end to litigation, whenever possible. We are adept at leveraging motion practice to narrow the scope, if not entirely dispose of, a matter well before trial. Our deep understanding of the oil and gas sector also helps us work with you on settlement negotiations in instances where settlement is the best path forward.
Our Energy Litigation team offers cross-border capabilities. This gives clients an important and unique bridge between the interconnected energy and energy finance-related markets of Africa, Asia, Europe and Latin America. Our litigators possess language proficiencies that allow them to conduct negotiations and proceedings in many of the local languages. With our vast reach, we can also help clients with the enforcement of arbitral awards and judgments around the world.
We have a presence in most of the major shale basins. In fact, we have litigated cases in every major U.S. shale play, and we have Haynes and Boone offices in or near most of the major shale basins.
The firm has an office in The Woodlands, Texas. Haynes and Boone is among only a handful of the nation’s largest law firms with an office in The Woodlands, which is home to many major energy and oilfield services companies.
Our Energy Litigation team also boasts top-ranked international arbitration professionals, including lawyers who have served as arbitrators in energy dispute resolution cases. Further, our celebrated appellate practice has a broadly acknowledged reputation, which allows us to handle energy litigation matters from inception through conclusion.
The London office gives clients substantially enhanced English law experience, including a contentious and international arbitration team that has handled numerous claims in the English High Court and before major arbitral bodies. Our English law practice also offers in-house advocates in the form of qualified barristers and solicitor advocates.
The practice group was recognized by The Legal 500 UK in 2019, in which clients described the firm as “a major player in the energy market” and “very client-focused and capable,” with “an ability to manage cases efficiently and effectively.”
Awards and Recognition
Haynes and Boone has been recognized in the 2020 Legal 500 U.S. directory as a “solid Texas oil and gas litigation group with a big bench,” as well as noted for our “good depth and knowledge across the state.” In 2018, Above the Law ranked Haynes and Boone among the top 10 U.S. energy law firms based on a survey of in-house counsel in the energy industry. The 2017 BTI Industry Power Rankings designated the firm as a “Leading Recommended” firm for the energy industry, ranking among the top 3% of all law firms in the field.
- Offshore and marine construction matters
- Multidistrict litigation
- O&G measurement cases for DOJ
- Qui tam experience in O&G sector
- Royalty and royalty trust disputes
- Lease termination
- Pooling agreements
- Oilfield services
- Disputes between operators and non-operators
- Construction disputes
- Environmental issues
- Common Law nuisance claims (noise, odor, dust, vibrations, etc.)
- Insurance policy and indemnity disputes
- Mass tort
- Product liability
- Administrative proceedings involving government-owned oil and gas entities
- Master Services Agreements
- Nuisance matters
Limitation of liability clauses are a key provision in commercial contracts, but are particularly important for service providers in the offshore oil and gas industry, given the risks associated with oil and gas operations. This guide provides a summary of the key issues relating to the drafting of limitation of liability clauses and considers how these provisions have been interpreted by the English courts in recent years.
Haynes and Boone, LLP Partner Ann Al-Bahish was inducted into the Greater Houston Women’s Chamber of Commerce’s 2022 Hall of Fame during an awards gala on Friday, March 18. Ann is a litigator with nationwide experience in environmental, commercial and tort matters. "Having tried two monthlong jury trials with Ann, I learned a lot about her. She is an intelligent and strong advocate for her client [...]