We have advised on numerous A&D transactions involving combinations of current production, mineral lease packages, fee mineral interests and undeveloped acreage throughout the United States, Canada and abroad.

Perkins Coie regularly assists oil and gas companies, Alaska Native Corporations and tribes, institutional advisors and financial institutions with industry-related agreements; due diligence; land, title and water rights and other work related to corporate formation; financing; mergers, acquisition and divestitures; and tax issues.

• Joint operating and unit agreements
• Joint bidding agreements
• Lease agreements
• Facility access and sharing agreements
• Natural gas and crude oil off-take and balancing agreements
• Master and individually tailored natural gas, crude oil and product sales and purchase agreements, including NAESB gas purchase agreements
• Oil, gas and product exchange agreements
• Interconnection and transportation agreements
• Overriding royalty agreements
• Asset management agreements
• Crude oil, product and natural gas storage and terminal agreements

We work alongside our industry clients and their investment bankers, private equity sponsors, lenders and project developers using highly evolved and nuanced financing structures to accomplish their financial goals.

We have acted for both domestic and international producers in capital markets transactions as well as in private equity transactions. We have advised various clients on the structuring and negotiation of project financing transactions, both domestically and abroad. These projects include complex multifaceted projects for use of natural gas for power generation, urea production and related pipelines. Additional projects include refinery projects; natural gas; naphtha and other refined petroleum product-fired power generation facilities ranging from small sub-utility scale plants to 750 MW cogeneration plants; and sub-sea pipelines and other transmissions facilities.

For clients facing complex issues related to upstream, midstream and downstream project development, including the siting of production, storage, processing and transfer facilities, we help manage these challenges. Project development representation includes the following areas:

• Leases and project permitting
• Defending permit challenges
• Oil and gas value chain
• Alaska projects
• Strategic planning
• Construction and procurement

We draft as well as review issues arising from agreements common to industry-related project development.

We provide a full range of land and mineral title search, review and advice for leasing, drilling, acquisition and sales, mergers and other transactional and operational needs.

The Perkins Coie team works with numerous landmen, title companies and local counsel to provide timely and cost-effective title opinions, reports and other services in various active exploration and producing jurisdictions. Our services include assisting clients in researching, securing and maintaining the water rights and other authorizations needed for the water supply, which is critical to the success of oil and gas operations and project.

Our experience in oil and gas litigation and disputes includes the following areas:

• Complex litigation arising out of oil and gas projects, commercial transactions and financings, including disputes related to joint bidding, joint venture, alignment and joint operating agreements
• Contractor and other disputes arising out of surface development construction and operations of oil and gas facilities and infrastructure
• Royalty, term and other provisions of oil and gas leases in dispute by owners, operators and other parties
• Commercial transaction disputes arising out of natural gas, crude oil and product purchase and sales agreements; product and other exchange agreements; interconnection and transportation agreements; and off-take, gas balancing and storage agreements

We also handle significant administrative litigation and other disputes before major oil and gas regulatory bodies. Our lawyers currently are involved in major Alaskan administrative and appellate litigation arising from state efforts to terminate a major North Slope oil and gas unit and its underlying leases. In another area of Alaska, we are helping to establish the terms and conditions applicable to important in-state gas pipelines. Lawyers from Perkins Coie have represented clients both before FERC and in appellate matters in connection with significant oil and gas pipeline disputes and on matters arising out of LNG import projects.

We have extensive experience handling environmental assessments and environmental impact statements prepared under the National Environmental Policy Act and similar state statutes. We help clients obtain licenses and permits from FERC and state siting authorities as well as from federal and state permits governing air emissions, water discharges and wetlands disturbances.

In addition, Perkins Coie advises clients regarding compliance with the Clean Air Act, Clean Water Act, Endangered Species Act, Migratory Bird Treaty Act, National Historic Preservation Act, Magnuson-Stevens Fishery Conservation and Management Act as well as a variety of other resource protection statutes.

Our regulatory counsel addresses leasing, royalty, unitization, participating area, drilling and spacing unit and compliance issues subject to the jurisdiction of various federal and state land management and conservation agencies. Additional areas of regulatory counsel include industry-related certificate, tariff and rate issues subject to the jurisdiction of FERC and state public service commissions.

Perkins Coie also has experience establishing compliance programs and defending compliance issues arising out of FERC’s standards of conduct and market manipulation rules. Our counsel extends to the end of a project’s life, and we handle issues arising from abandonment, dismantlement, remediation and restoration requirements.

Perkins Coie’s Insurance Recovery practice attorneys regularly advise and represent oil and gas companies in their disputes against their insurance companies. Our attorneys have a record of success in enforcing O&G policyholders’ rights to coverage under almost every type of commercial insurance policy for a wide spectrum of losses and liabilities. We have negotiated and litigated against every major insurer in the domestic London and Bermuda insurance markets as well as with industry captives, such as O.I.L.

The cyclical nature of the energy economy inevitably leads to companies filing for bankruptcy or otherwise restructuring their balance sheets. Our attorneys in Texas and elsewhere have worked with energy companies, their owners, lenders, suppliers and royalty owners as they have experienced this process a number of times during the past thirty years.

Perkins Coie attorneys have represented debtors, creditors, creditors’ committees and trustees as each worked through financial (or operational) restructuring. The bankruptcy of an energy company affects more than just the company—it affects its lenders, suppliers, contractors, royalty owners, employees and almost everyone who comes in contact with the company. This also includes people and companies that received payments before the bankruptcy filing since they could be sued to recover payments made during either the 90 days before bankruptcy or even years before the filing if the energy company was insolvent.

We can work with companies when they find a customer or contract counterparty has filed for bankruptcy court protection. Our experience in dealing with everything that might arise can help to maximize the company’s return while mitigating its downside risk.