Case Study: Due Diligence Digs Deep for Expanding Energy Company

Empire Energy Group Limited wanted to expand its production and exploration portfolio to include onshore, liquid hydrocarbon fields along the coast of the Gulf of Mexico, with a focus on East Texas and Louisiana.

CASE STUDY: Novel Approach to Deepwater Horizon Aftermath Reduces Costs for Weatherford

Weatherford International was sued in a number of bodily injury and property damage lawsuits in 2010 arising from the Deepwater Horizon incident and the ensuing oil spill in the Gulf of Mexico.

Case Study: Helping Huntley Close a Strategic Growth Deal

Huntley & Huntley, Inc. sought to leverage its core assets, which primarily consist of hydrocarbon-producing properties.

Acquisition of California E&P Company by Canadian Oil and Gas Company

Advised a Canadian E&P company in connection with its acquisition of a California headquartered oil and gas company.

Acquisition of Shell Oil Company Refinery and USA Petroleum Corporation Outlets

Federal Trade Commission
Represented Tesoro Corporation before the U.S. Federal Trade Commission, successfully obtaining antitrust clearance of a $2 billion acquisition of an oil refinery, terminal and service stations from Shell Oil Company. Separately obtained clearance from the Federal Trade Commission of Tesoro's acquisition of over 140 service stations from U.S.A. Petroleum Company. Both transactions were cleared without a Second Request.

Acquisition of U.S. E&P Company by TSX-listed Oil and Gas Company*

Represented a Toronto Stock Exchange listed E&P company in connection with their acquisition of a U.S. oil and gas company owning non-operated oil and gas assets in Texas and Oklahoma.

Acquisitions and Dispositions of Oil and Gas Reserves and Mineral Leases

Advising on various acquisitions and dispositions of oil and gas reserves and mineral leases in the US (Texas, Arkansas, Oklahoma, Kansas, Tennessee and West Virginia), Australia, New Zealand and Italy.

Adak Island

Defended tank farm operator against administrative and criminal charges and natural resources damages arising out of oil spill.

Aguilar, et al. v. ARCO

Defended major oil refiner (Texaco) in class action in which consumers alleged that the refiners conspired to fix prices and restrict supply of gasoline in violation of state antitrust law. The trial court granted defendants' motion for summary judgment and the Court of Appeals and California Supreme Court affirmed.

Altamont Gas Transmission v. PG&E 

EIR for Expansion of Natural Gas Pipeline Facilities; Represented Pacific Gas and Electric Co. and Pacific Gas Transmission in proceedings before the California Public Utilities Commission and the California Supreme Court in the successful defense of a challenge to the environmental impact report and findings supporting a certificate of public convenience and necessity for expansion of natural gas pipeline facilities.

Aluminum Extrusions & Oil Country Tubular Goods from China

Represented respondent-government before Commerce.

Baker Hughes Inc.: Skinner v. ARCO

Superior Court of Washington, Pierce County
Defense of petroleum additive manufacturer Baker Hughes, Inc. in 10,000-customer class action alleging defective high sulfur diesel fuel oil.

Bonneville Power Administration (BPA) v. Washington Public Power Supply System (WPPSS) 

Represented investor-owned utility in WPPSS cost-sharing litigation. Citation: 956 F.2d 1497 (9th Cir. 1992)

BP Oil Supply Company v. City of Tacoma 

Represented taxpayer in a successful nexus challenge to the city's assessment of business and occupation tax. Holding that the Commerce Clause barred imposition of city tax on the taxpayer's sale of crude oil in Tacoma.

CD-5 Litigation

Ongoing representation of intervenor ASRC in defending challenges to ConocoPhillips CD-5 oil and gas project.

Center for Biological Diversity, et al. v. California State Lands Commission, et al.

CEQA Challenge to Marine Oil Terminal Lease. Represent Tesoro Companies, Inc. in defense of CEQA lawsuit challenging the State Lands Commission's environmental impact report for renewal of Tesoro's lease for the Avon Marine Oil Terminal. Issues include the types of crude oil that might be used at Tesoro facilities in the area.

Chase Gardens Inc. v. Northwest Natural Gas Company

Represented natural gas utility in defending claim by customer alleging discrimination, breach of contract and intentional interference with business.

Chehalis Generation Facility

Represented purchaser of natural gas combined-cycle generating facility in the transfer of permits and development of a greenhouse gas mitigation proposal.

Cherry Point Cogeneration Project

Represented developer of 720 MW gas-fired cogeneration facility in obtaining federal and state permits as well as in the development of a greenhouse gas mitigation plan.

City of Olympia v. Ronald Lindskog, et. al

Superior Court of Washington, Thurston County
Ongoing representation of Puget Sound Energy, Inc. in a MTCA action concerning contamination allegedly from a former manufactured gas plant in Olympia, Washington.

Chase Gardens v. OIL

Insurance coverage arbitration involving environmental liability under oil industry policy.

Confirmed Hostile Chapter 11 Plan for Oil Wildcatter

Represented the lender to an oil "wildcatter" in Chapter 11 where a plan resolving a "lender liability" lawsuit was confirmed over the debtor's vigorous objections, which was then affirmed on appeal.

Cook Inlet Region Inc. (CIRI)

Representation in environmental investigation, remediation, and cost recovery inquiries and negotiations for contaminated site on Beaufort Sea on North Slope of Alaska.

Counseled Creditors Committee in Gas Producer Insolvency

Represented the creditors committee in the Chapter 11 case of a gas producer in the Texas Panhandle.

EEOC v. Alyeska Pipeline Service Company 

Race and national origin discrimination class action.

Formation and Capitalization of New Oil Field Services Company

Advised management team in connection with the formation of a new oil field services company and a US$60 million private equity investment from a large private equity sponsor in the new company.

Formation of and Capital Raise for Oil and Gas Investment Fund

Advised a California-based institutional fund sponsor in connection with the formation of a US$100 million investment fund investing in upstream oil and gas projects.

Formation of Two Oil and Gas Joint Ventures with Large PE Sponsor

Advised an E&P company in connection with the formation of two oil and gas joint ventures with a large international private equity fund in a transaction valued at an aggregate of US$ 740 million. The joint ventures will focus on the production of oil and gas as well as the acquisition of working interests and royalty interests, respectively, in oil and gas properties in Pennsylvania and Ohio.

Generation Project Sales and Acquisitions

Represent purchasers, sellers and lessees of electric generating properties including, among others, Centralia (coal), Encogen (co-generation), Stone Creek (hydropower), Frederickson (gas), Wild Horse (wind), geothermal and natural gas storage.

Gilley v. ARCO 

Defended major oil refiners (Conoco and Valero) in putative class action in which service station dealers alleged that refiners used exchange agreements to restrict supply and raise the price of gasoline in violation of federal antitrust law. The district court granted the defendants' motion to dismiss and the Ninth Circuit affirmed.

Investment by Hedge Fund in NASDAQ-listed Oil and Gas Company

Advised a New York-based hedge fund in connection with its investment of US$38 million in senior subordinated secured notes of NASDAQ-listed oil and gas company.

Liquefied Natural Gas Project

Represented a utility in successfully obtaining the regulatory approvals required to build a liquefied natural gas (LNG) facility in Tacoma, Washington, capable of receiving 21,000 Dth/day of natural gas, producing 250,000 gallons/day of LNG, and storing approximately 8 million gallons of LNG. The utility will use the facility to meet its peaking needs and to provide LNG as fuel for in the marine industry.

Litigation for Southwest Gas Officer

Represented an officer of Southwest Gas in litigation alleging fraud in connection with merger negotiations.

MasTec Inc. v. Coos County 

Construction litigation: Settlement of cross-claims related to construction of 90-mile natural gas pipeline after prevailing on pretrial motions.

National Oil Company

Represented a lender in connection with a significant loan secured by forward sales of crude oil by a national oil company in northern Africa.

Natural Gas Pipeline in Wyoming

Assisted a developer in determining the regulatory approvals and environmental permits required to construct a natural gas pipeline in Wyoming, including developing a timeline to depicting the approximate time it would take to complete the permitting.

Occidental Petroleum Corporation v. Certain Underwriters, et al.

Represented Occidental Petroleum in a coverage dispute involving a series of terrorist bombings that crippled oil production for a pipeline in Columbia. As a result of our novel theory concerning the number of occurrences, and our resourceful pursuit of difficult-to-obtain evidence, the case was tried favorably and ultimately resulted in a confidential nine-figure settlement.

Palomar Capital Advisors Ltd. Investment in Mantacor Energy LLC

Represented Palomar Capital Advisors Ltd., a private equity firm based in Zurich, Switzerland, in connection with its initial US$15 million investment in Mantacor Energy LLC, an oil and gas exploration and production company focused on the D-J (Denver-Julesburg) Basin of Colorado and the San Juan Basin in New Mexico.

Pipeline Safety Proceedings

Represent natural gas utilities in pipeline safety enforcement actions and other proceedings before the Washington Utilities and Transportation Commission.

Private Placement by U.S. Oil and Gas Company

Represented a US Mid-Continent independent oil and gas exploration and production company in connection with a US$23 million private offering of their securities.

Protected Creditor of Barnett Shale Energy Company in Complex Chapter 11

Represented the purchaser of a note from an energy company producing oil and gas from the Barnett Shale. Negotiated the resolution of litigation against the purchaser to secure a Chapter 11 plan that provided for the debt to be paid. When the debtor could not perform under the confirmed plan, a renegotiation secured a substantial pay down and the ultimate foreclosure on the producing properties.

Prudhoe Bay C-Plan Adjudication

Representation of oil company in challenge by environmental NGOs to oil spill contingency plan.

Puget Sound Energy

LNG construction contracts.

Puget Sound Energy, Inc.'s 2010 Gas Tariff Increase (Natural Gas Rates)

Represented Puget Sound Energy Inc. in gas tariff increase proceeding before the Washington Utilities and Transportation Commission that resulted in a 1.8% increase in natural gas rates ($19 million in revenue).

Rate Proceedings for Natural Gas Pipelines

Represent interstate and Section 311 natural gas pipelines in FERC rate proceedings, including preparing the initial rate application, responding to protests and Staff data requests, all phases of rate litigation, drafting and responding to data requests, facilitating settlement discussions and negotiating and drafting settlement agreements.

RCRA, CERCLA/EPCRA and Safe Drinking Water Act/UIC Defense for BP Exploration Inc.

Defended Alaska oil exploration company against federal civil and criminal claims under RCRA, CERCLA/EPCRA, and Safe Drinking Water Act/UIC, including negotiating with U.S. Department of Justice environmental crimes and civil enforcement attorneys, and EPA Region 10.

Regulatory Litigation

Represented energy clients in administrative litigation and rulemaking proceedings before the Federal Energy Regulatory Commission (FERC),

Renewable Energy Generation Facilities Joint Venture

Advised a U.S. mid-continent based oil field services company in connection with the US$330 million sale of 93% of its equity interests to a Toronto Stock Exchange-listed Canadian oil field services company.

Sale of Electric Distribution Assets

Represented selling utility company in the sale of electric and gas distribution assets in Minnesota.

Sale of Large Package of Production Assets to Oil and Gas Company

Represented an independent oil and gas exploration and production company in connection with the sale of a portion of their producing properties in Texas to a NYSE-listed oil and gas company.

Sale of Oil and Gas Portfolio Company by Large U.S. Private Equity Firm

Advised a Dallas-based private equity firm in connection with the US$603 million sale of its midstream oil and gas portfolio company to a unit of Fortune 100 conglomerate.

Sale of U.S. Oil Field Services Company to TSX-listed Oil Field Services Company*

Advised a U.S. mid-continent based oil field services company in connection with the US$330 million sale of 93% of its equity interests to a Toronto Stock Exchange-listed Canadian oil field services company.

Satsop Combustion Turbine Project

Represented developer in permitting natural gas-fired generating facility and associated gas pipeline before Washington EFSEC, and represented subsequent owner in permit amendment process.

Served as BK Counsel to Lenders to Oilfield Service and Energy Companies

Represented lenders in the Chapter 11 cases of a variety of oilfield service companies as well as cases filed by the owners of substantial oil and gas holdings.

Shell Oil| et al v. County of Contra Costa

Challenge to Industrial Regulation; Represented oil refineries and industrial manufacturers in a challenge to a county ordinance requiring conditional use permits for major maintenance projects at industrial facilities. The court of appeal upheld our challenge to Contra Costa County's use of a CEQA exemption in enacting the ordinance, and held that the county had failed to comply with the planning and zoning law.

Skwentna Site

Representation of Alaska Native Corporation in contaminated site proceeding involving federal and private PRPs.

State of Alaska v. Baker Hughes

Defended major oil & gas service company (Baker Hughes) against state claims that fumes from chemical containers were vented outside the building during container cleaning operations and that these fumes harmed workers constructing a new building 40+ feet away. The 25-count felony case against the client was dismissed.

Sulfolane Matter

Representation of oil company on issues concerning off-site contamination of groundwater.

Sumas Energy 2 Generation Facility

Represented developer of 660 MW combined cycle combustion turbine facility and associated gas pipeline and transmission lines in Washington EFSEC permitting proceedings, and assisted developer with related proceedings before the Canadian National Energy Board.

Teekay Corporation

Provided U.S. securities advice to Tanker Investments Ltd. for its Norwegian initial public offering, which included equity private placements and listing on the Oslo Stock Exchange.

Teekay LNG Partners, L.P.

Represented Teekay LNG Partners, L.P. in public equity offering.

Teekay Tankers Ltd.

Represented Teekay Tankers Ltd. in Follow-on Public Offering.

U.S. Bank National Association

Represented U.S. Bank National Association, as Indenture Trustee, in connection with $400,000,000 5.50% Senior Notes issued by Kodiak Oil & Gas Corp.

United States v. MasTec Inc.

U.S. District Court for the District of Oregon
Obtained favorable verdict of $1.5 million after bench trial in Clean Water Act action in which U.S. sought $30 million penalty related to over 600 alleged permit violations during construction of a 90-mile natural gas pipeline system; United States' appeal of judgment dismissed.

United States v. Puget Sound Energy Inc.

Represented company in negotiation, approval by federal court, and implementation of natural resource damage consent decree with federal, state, and tribal trustees concerning oil spill in Silver Creek. No. 08-5710RBL (W.D. Wash. Feb. 12, 2009)

Washington Utilities & Transportation Commission v. Puget Sound Energy Inc.

Utilities and Transportation Commission of Washington
Represented public utility in Notice of Emergency Adjudication after a residential gas explosion. PG-041624

Washington Utilities and Transportation Commission v. Cascade Natural Gas Corporation

Represent Cascade Natural Gas Corporation in natural gas pipeline safety proceeding (Docket No. PG-110443).

Weatherford International, Ltd.

Negotiated a $75 million settlement for Weatherford International with a group of domestic and Bermuda-based insurance companies in connection with the Deepwater Horizon incident in the Gulf of Mexico. The insurance proceeds were used to fund a settlement between Weatherford International and British Petroleum (BP), whereby BP agreed to indemnify Weatherford International for claims arising out of the oil spill.

*Prior experience