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Energy Litigation

LPCH has extensive experience within the energy industry, particularly in oil, gas and alternative energy, as well as in mining and metals. We have handled litigation for producers, processors, transporters, distributors and marketers of all forms of energy – oil, natural gas, coal and electricity – as well as for many service companies that support these activities. We have a history of representing clients before federal and state trial and appellate courts, as well as arbitration panels throughout Texas.

EXPERIENCE HIGHLIGHTS

We acted as lead counsel for TCW in state court litigation against British American Offshore Limited, the British subsidiary of Rowan Companies, the maker of the Gorilla VII offshore drilling platform. British American sought to hold TWC, a lender and project finance partner, liable for its expenses, lost profits and certain other plugging and abandonment expenses for a failed drilling project in the North Sea. LPCH managed all aspects of the case, which included the coordination of discovery in three different countries and across the United States.  The case was ultimately resolved successfully pursuant to a confidential settlement agreement.

On behalf of its client Energy Transfer Partners, L.P., LPCH obtained a jury verdict against Defendant Enterprise Products Partners, L.P. for actual damages of $319 million, as well as a jury finding that Enterprise received a $595 million benefit as a result of its misconduct. The jury verdict has been described as the largest in Dallas County and one of the largest ever in North Texas. The trial court ultimately entered a judgment for more than $535 million in Energy Transfer’s favor. The highly-publicized case grew out of the recent surge in the production of oil in North America that arguably has put the continent on course for energy independence.  But this growth in oil production also resulted in a race to build the first crude oil pipeline connecting Cushing, Oklahoma (the large crude oil transportation hub in North America) to the refineries on the Texas Gulf Coast. Energy Transfer and Enterprise teamed up to develop the first such crude oil  pipeline. At trial, Energy Transfer proved that it formed a partnership by conduct with Enterprise under the Texas version of the Uniform Partnership Act, resulting in Enterprise owing a duty of loyalty to its partner, Energy Transfer. But instead of honoring its duty of loyalty, Enterprise stole the Energy Transfer/Enterprise partnership’s largest customer commitment, used that commitment to form a new partnership with the partnership’s largest competitor, and actively concealed the stolen opportunity. Enterprise and its new partner then successfully built the first Cushing to Gulf Coast pipeline, which has been wildly successful. The jury verdict and the trial court’s judgment confirm that Enterprise should have offered Energy Transfer the opportunity to participate in the new partnership.        

We acted as lead counsel for plaintiffs in the Chancery Court litigation against Summit Midstream Partners, LLC and others. The case involved claims for declaratory judgment, breach of contract, breach of the implied covenant of good faith and fair dealing, breach of fiduciary duty, fraud, and dissolution. The claims focused primarily on Defendants secretly amending Plaintiffs’ Compensation Agreements then pledging assets to benefit a separate company owned entirely by Defendants. The case was resolved successfully with a confidential settlement. 

We resolved successfully and favorably an arbitration brought on behalf of our client involving claims for breach of a facility services agreement.  The claims focused primarily on breaches arising from the delivery of non-conforming water to the plant. The water caused substantial damage to sensitive and expensive equipment.   

We successfully defended FPL Energy at trial when thirteen land owners claimed FPL Energy’s $1 billion wind farm, Horse Hollow, constituted a nuisance and should be shut down. After securing a no liability jury verdict, we defended and affirmed that verdict all the way up to the Texas Supreme Court. This was a first of its kind case and stands today as a landmark win in favor of wind energy.