Quick Results
Industries

Energy

Print Version

Baker Donelson advises a broad variety of clients in the oil, gas, nuclear, solar, wind, biomass and coal and mining industries.

Featured Videos

As the Oil and Gas World Churns July 27, 2016

Featured Experience

Obtained a favorable ruling on behalf of an energy corporation from the Louisiana Court of Appeal, Second Circuit, affirming the state court's holding that depth limitation language in a $260 million mineral purchase agreement was unambiguous and that the corporation was the rightful owner of the oil, gas and minerals at issue, with the case demanding a detailed analysis of contract law, as well as an understanding of the complexities of geologic formations and correlative oil and gas well markers.

2016
Represented an energy corporation in a suit for the recovery of more than $20 million in damages resulting from defective coiled tubing and check valves in equipment supplied and manufactured by other entities, after the client incurred significant expense in remedial operations and lost profits due to production delays arising from the equipments' malfunction.
2016

Represented an international driller in a four month trial involving one of our nation's largest environmental disasters, in which thousands of plaintiffs, federal, state and local governments were seeking damages under the Clean Water Act and Oil Pollution Act, with the result that the driller was found not grossly negligent under the Clean Water Act, and that the operator of the well was obligated to indemnify the driller for all Oil Pollution Act Damages.

Industry Overview

Overview

Baker Donelson advises a broad variety of clients in the oil, gas, nuclear, solar, wind, biomass and coal and mining industries.

Oil & Gas

Our clients include major, independent and state-owned oil and gas companies, pipeline companies, oil and gas well operators, drilling contractors, seismic companies, transportation companies, insurers, financial institutions, royalty owners and other service and supply companies involved with the industry. We represent companies and owners in courts and before arbitral tribunals and regulatory agencies throughout the U.S. as well as in transactions involving oil, gas and energy companies.

Nuclear Energy 
We are deeply involved in the nuclear energy industry. Our attorneys have served on industry and government advisory boards including the Civil Nuclear Trade Advisory Committee (CINTAC), which advises the Secretary of Commerce on trade issues facing the U.S. civil nuclear industry and on the development of programs and policies to expand U.S. civil nuclear exports and strengthen the competitiveness of the industry. Our lawyers also serve as the principal coordinators for the U.S.-Japan Roundtable on Nuclear Energy Cooperation, an ongoing program of the Howard Baker Forum, a public policy affiliate of Baker Donelson which produces programs and initiatives focusing on major questions facing policymakers in the United States.

Solar, Wind and Biomass

From immigration issues to power purchase agreements, our attorneys address a full range of legal issues facing companies in all sectors of the renewable energy industry. Our clients include investors, start-ups, manufacturers, installers, utilities and consumers. Baker Donelson is a charter member of the Tennessee Solar Energy Industries Association (TenneSEIA) and our attorneys serve on the board and as general counsel to the organization.

Coal and Mining

Attorneys on our coal and mining team have deep experience in the industry having previously been employed by coal and mining companies. Members of our team advise clients on everything from updating their standard master coal purchase and sales agreement terms and conditions for over-the-counter United States coal physical contracts to establishing relationships with small, mid-tier and large North American coal producers (both thermal and metallurgic product) for brokerage services. Baker Donelson is a member of the American Coal Council.

Representative Matters
  • Obtained a favorable ruling on behalf of an energy corporation from the Louisiana Court of Appeal, Second Circuit, affirming the state court's holding that depth limitation language in a $260 million mineral purchase agreement was unambiguous and that the corporation was the rightful owner of the oil, gas and minerals at issue, with the case demanding a detailed analysis of contract law, as well as an understanding of the complexities of geologic formations and correlative oil and gas well markers.

    (2016)
  • Represented an energy corporation in a suit for the recovery of more than $20 million in damages resulting from defective coiled tubing and check valves in equipment supplied and manufactured by other entities, after the client incurred significant expense in remedial operations and lost profits due to production delays arising from the equipments' malfunction. (2016)
  • Represented an international driller in a four month trial involving one of our nation's largest environmental disasters, in which thousands of plaintiffs, federal, state and local governments were seeking damages under the Clean Water Act and Oil Pollution Act, with the result that the driller was found not grossly negligent under the Clean Water Act, and that the operator of the well was obligated to indemnify the driller for all Oil Pollution Act Damages.

  • Served as lead counsel for development and negotiation of service contracts for $50 million district energy plant.

  • Represented a refinery operator following a release of 25,000 barrels of oil into a residential area. Successfully restricted the geographic area of the certified class. Following this, created and developed an aggressive settlement plan which resulted in a global settlement. After settlement, was refinery operator's lead witness in an arbitration proceeding in London against several excess level insurers. Client was ultimately indemnified for all settlement payments and defense expenses. Also represented operator in this matter in connection with remediation of the contaminated properties. Remediation was supervised by EPA and Louisiana Department of Environmental Quality.

  • Represented a group of ten major oil and chemical companies who manufactured or supplied chemical products to chemical facility which went out of business. Plaintiff claimed their work-place exposure resulted from dermal absorption and poor ventilation (air quality) at the chemical facility. Dismissals were obtained for their entire group of clients – manufacturers and suppliers.

  • Represented an oil refiner in a London arbitration regarding an insurer's refusal to consent to a class action settlement agreement and pay covered claims. After a week-long arbitration, the panel ruled against the insurer, finding that it unreasonably withheld consent and payment. The panel ordered the insurer to reimburse the client on all indemnified claims, along with attorney fees and costs.

  • Represented an oil refiner in the defense of hundreds of class action property damage, personal injury and groundwater contamination claims arising from the largest land-based oil spill in Louisiana history, and at the time the largest oil spill in the U.S. since the Exxon Valdez. The oil spill was the result of widespread flooding associated with Hurricane Katrina, which caused a crude oil storage tank to breach and release thousands of gallons of crude oil in the neighboring residential community. The class certification hearing lasted a week and included the parties' presentation of multiple geotechnical, hydrological and mechanical experts. The claims area certified was much smaller than what the plaintiffs were seeking, resulting in a cost savings of hundreds of millions of dollars. The claims were successfully settled prior to trial.

  • Represented an international drilling contractor in the defense of claims arising out of the BP oil spill multi-district litigation. Focused on complex technical matters involving geology, well design and construction, subsea blowout preventers, drilling operations, well control, production and source control. Took more than 50 depositions involving the aforementioned issues, was responsible for managing numerous expert reports, and prepared multiple witnesses for trial. Actively participated in the Phase One and Two trials, which lasted a total of four months.

  • Represented an offshore oil and gas producer in a federal criminal investigation regarding an explosion on a company-owned platform.

  • Successfully defended a natural gas pipeline company in a legacy lawsuit alleging millions of dollars in contamination to property located in south Louisiana, with the defendant arguing that none of the constituents alleged to have contaminated the property could have originated from the defendant's operations. The court dismissed the company from the suit in one of the first instances in which recent amendments to a governing statute were used to successfully dismiss a party.

    (2014)
  • Litigated and then negotiated a favorable settlement for an oilfield equipment manufacturer in a suit alleging more than $30 million in damages to an offshore oil and gas well resulting from the premature activation of a piece of equipment. The settlement included a significantly discounted payment to resolve all claims.

    (2014)
  • Defended an ICC arbitration and two appeals to the U.S. Fourth Circuit Court of Appeals in securing confirmation of an international arbitral award on behalf of a state-owned petroleum company, which resulted in the dismissal of more than $100 million in breach of contract and tort claims arising out of the sale of multiple gasoline shipments, and ordered reimbursement to the client of over $730,000 in attorneys' fees and costs.

  • Defended the largest natural gas producer in the United States in a blowout case against claims of gross negligence to preclude enforcement of limitation of liability, indemnity and allocation of risk provisions in a Master Service Agreement, with the court awarding nearly $10 million in damages, including prejudgment interest, to the client.
  • Defended an independent oil and natural gas producer in a well blowout case in a Natural Resources Damage Assessment (NRDA), and against claims under the Oil Pollution Act (OPA) and for gross negligence, ultimately resulting in favorable resolutions of the NRDA, a civil penalty claim by the U.S. Coast Guard under the OPA and claims against the producer's well contractors.

  • Successfully defended client in an $18 million lawsuit filed in Federal Court alleging violations of federal securities laws, state law fraud and intentional misrepresentation concerning the client's purchase of the plaintiffs' interest in a company formed after the Deepwater Horizon explosion in 2010 to employ unique centrifuge technology to separate oil from water to assist oil spill remediation efforts in the Gulf.

    (2012)
  • Negotiated a favorable settlement for one of the nation's largest independently owned petroleum marketing companies in a complex commercial transaction involving biodiesel and other natural fuels.

  • Settled a multimillion dollar claim on behalf of an interstate gas pipeline company after a critical offshore pipeline was damaged during dredging operations.

  • Provided construction counsel in connection with $80 million in delay and overhead claims associated with the allegedly defective design of a nuclear materials facility.

Webinars
In the News

There is accessibility at all levels, from senior partner to associates to paralegals.

Email Disclaimer

NOTICE: The mailing of this email is not intended to create, and receipt of it does not constitute an attorney-client relationship. Anything that you send to anyone at our Firm will not be confidential or privileged unless we have agreed to represent you. If you send this email, you confirm that you have read and understand this notice.
Cancel Accept