Oil & Gas - Upstream

LITIGATION & ARBITRATION

• Lead counsel for BP in insurance coverage disputes arising from the Deepwater Horizon incident and resulting oil spill in the Gulf of Mexico.
• Claimants in an ICSID arbitration against the Argentine Republic relating to investments in the natural gas industry.
• A major international energy company in a multi-billion dollar ICSID proceeding against the Republic of Venezuela, relating to expropriatory and other acts of the Venezuelan government.
• An independent US oil and gas company in a multi-billion dollar ICSID arbitration against another Latin American state, in a dispute arising out of alleged breaches of a bilateral investment treaty and a production sharing agreement.
• Investors in Yukos Oil Company in a Stockholm Chamber of Commerce arbitration against the Russian Federation relating to the Russian government’s liquidation of Yukos.
• A French oil & gas independent in an ICC arbitration with a Swedish independent arising out of the alleged breach of first refusal rights under a JOA.
• A French oil and gas independent in an ICSID arbitration against a Latin American state, in a dispute arising out of alleged breaches of a bilateral investment treaty and several production sharing agreements.
• An oil and gas company in an ad hoc arbitration against a host state under a bilateral investment treaty and UNCITRAL rules relating to the denial of VAT refunds, and related proceedings in the English courts in defense of the US$75 million award in favor of the client.
• An oil and gas company in presenting the largest of all claims brought before the Iran-U.S. Claims Tribunal.

• A coalition of eleven oil and gas companies whose efforts to pursue development of their California offshore oil and gas leases were thwarted by the federal government. Recovered more than $1.0 billion.
• All the major domestic oil and gas trade associations in defending multiple ongoing district court and court of appeals lawsuits raising environmental challenges to continued exploration and development in the Gulf of Mexico.
• Other oil companies, including ExxonMobil, Shell, and Chevron, in successful breach of contract lawsuits involving leases offshore Alaska, Florida, and North Carolina. Recovered more than $600 million.
• Policyholders in litigation securing insurance coverage for oil spills and other energy related claims. This includes recovering $780 million of insurance proceeds for liabilities arising from the grounding of the Exxon Valdez.
• Leading trade association in high-profile cases affecting the oil and gas industry, including climate change litigation against energy companies, and Supreme Court review of antitrust claims against a downstream joint venture between two major companies.

• An association of independent producers in challenging attempted DOI assessment of royalties on certain take-or-pay settlement proceeds.
• OCS producers in successful challenge to DOI royalty payment orders that disputed their reliance on FERC tariff rates when determining transportation allowances.
• An oil producer in litigation that invalidated the DOI effort to impose “price trigger” conditions on royalty relief under the Deep Water Royalty Relief Act.
• A natural gas liquids producer in successful challenge to DOI royalty payment orders premised on unpublished agency guidance.
• A natural gas producer in its response to a state court decision concerning the valuation of gas in “marketable condition” and potential private class action claims.
• Upstream oil and gas companies in challenging Department of Interior (DOI) royalty payment orders for OCS oil and natural gas production.

• American Petroleum Institute as amicus in case alleging fossil fuel producers are responsible for greenhouse gas emissions and climate change that resulted in Hurricane Katrina damage.
• American Petroleum Institute and numerous energy companies as intervenors in litigation concerning DOI five-year leasing programs and the adequacy of environmental assessments for particular OCS lease sales.
• An oil company and its subsidiaries in a variety of litigation in several states involving alleged contamination caused by naturally occurring radioactive materials (NORM).

• An oil and gas company and its executive in connection with congressional hearing to examine absence of “price trigger” conditions on royalty relief for deepwater OCS leases.

• An executive of an oilfield services company in a wide-ranging investigation into alleged bribery of government officials in Africa in connection with the selection of the company to build a major LNG project.
• A major oil company in a SEC investigation into activities in a Middle Eastern nation.
• An oil company in a DOJ investigation of sales in the Middle East.
• An oil company in conducting internal investigations of activities in the former Soviet Union and in West Africa.
• Business organizations of all types in routinely advising on anti-corruption issues, including a major oil company and an independent oil refiner.

• An Audit Committee of a leading energy services company in a worldwide internal investigation and agency disclosures of sales of oilfield equipment to U.S.-sanctioned countries.
• A multinational oil and gas company in advising on the impact of Middle East trade sanctions programs on technology licensing arrangements and the broader operation of affiliates and joint ventures incorporated outside the United States.
• Publicly traded oil and gas companies on SEC disclosure issues associated with dealings in US-sanctioned markets and in responding to inquiries from SEC’s Office of Global Security Risk. 

CORPORATE

• E.On U.S. LLC in the $55.4 million sale of its 28% minority interest in Gas Natural BAN S.A. to Gas Natural SDG, S.A.
• ExxonMobil Corp.:
  • in structuring and establishing with Chevron, Shell, and ConocoPhillips the Marine Well Containment Company, a venture dedicated to build and deploy a rapid response system to capture and contain oil in the event of a potential future underwater well blowout in the Gulf of Mexico and
  • in connection with antitrust aspects of its acquisition of XTO Energy, Inc.
• Facilities, commercial paper programs, bilateral credit agreements, bridge acquisition facilities, a credit intermediation arrangement and swap transactions.
• ITOCHU International in its acquisition of Tyr Energy Inc.
• Joy Global in its $1.1 billion acquisition of LeTourneau Technologies, Inc.
• Kerr-McGee Corporation in its $18 billion all cash merger with Anadarko Petroleum and its $3.4 billion stock merger with Westport Resources Corporation.
• KeySpan Energy Company in its acquisition of an East Coast energy services business.
• SandRidge Energy, Inc., a natural gas and crude oil exploration and production company:
  • in its $1.6 billion acquisition of Arena Resources, Inc.;
  • in a $1.1 billion secured revolving credit facility;
  • on a series of capital markets transactions raising over $1 billion of equity and debt capital; and
  • on the initial public offering of interests in an approximately $362 million royalty trust.
• The Special Committee of the Board of Directors of Atlas Pipeline Holdings L.P. in its acquisition from its controlling unit holder, Atlas Energy, Inc., of all of Atlas Energy’s partnership management business and certain producing oil & gas assets for total consideration of $250 million in conjunction with Atlas Energy’s acquisition by Chevron Corporation for total consideration of approximately $4.3 billion.
• UBS, as financial advisor to:
  • Atlas Energy in its $1.225 billion acquisition of DTE Gas & Oil Company from DTE Energy Company;
  • GulfTerra Energy Partners in its $3.5 billion merger with Enterprise Products Partners; and
  • Grey Wolf, Inc. in its $2 billion acquisition by Precision Drilling Trust.  

• Energy XXI (Bermuda) Limited, a Nasdaq and AIM listed oil exploration company, on issues related to electronic settlement of its AIM listed securities.
• GeoPetro Resources Company in its $15.1 million offering of common shares.
• Kerr-McGee Corporation in over $6 billion of commercial bank financings, including a senior secured multi-tranche credit facility and a senior unsecured revolving credit facility.
• SandRidge Energy, Inc.:
  • in its $450 million Rule 144A offering of 8¾% Senior Notes due 2020;
  • in its $200 million private placement of Convertible Perpetual Preferred Stock [Reg D];
  • in its $900 million Rule 144A offering of 7.5% Senior Notes due 2021;
  • in its cash tender offer for all of its $650 million outstanding 8.625% Senior Notes due 2015;
  • in its $300 million Rule 144A offering of 7% Convertible Perpetual Preferred Stock;
  • in a $362 million initial public offering of a royalty trust sponsored by SandRidge; and
  • in its $218 million registered offering of common stock.
• Wilmington Trust Company, as trustee and collateral agent, in over 100 secured and unsecured Rule 144A high yield offerings, including:
  • in a $338 million in 16% Second-Lien Junior Secured Notes due 2014 issued by Energy XXI Gulf Coast, Inc.; and
  • in a $250 million in 8% Notes due 2016 by Tennessee Gas Pipeline Company.