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T.L. Cubbage is a partner in several practice groups, representing clients in complex civil and regulatory disputes. He has trial and appellate experience in courts across the United States and has appeared before international arbitral tribunals.
Mr. Cubbage has experience in a wide variety of disputes involving energy and natural resource businesses, including the upstream, downstream, and public utility sectors. His regulatory practice has included matters involving the FERC, NRC, EPA, and Department of Interior.
Much of Mr. Cubbage’s practice has involved matters with international dimensions. In a leading case, affirmed by the Second Circuit, he obtained the dismissal of claims brought under the Alien Tort Statute. His arbitration experience includes matters before tribunals constituted by the International Chamber of Commerce (ICC) and the International Centre for Settlement of Investment Disputes (ICSID).
Mr. Cubbage also has substantial experience with high stakes ERISA litigation. He has defended plans and fiduciaries in 401(k) plan class actions and appeared as counsel for amici curiae in important appellate cases concerning ERISA.
From 2003 to 2006, Mr. Cubbage served in a senior in-house position with Kerr-McGee Corporation. In that role, he managed a portfolio of complex litigation while also participating in the company’s transactional, corporate governance, and compliance activities. Before working at Kerr-McGee, he was a partner in Covington & Burling’s Washington office.
Representative Matters
- Representing subsidiaries of ExxonMobil Corporation in pending ICSID and ICC arbitration proceedings involving disputes arising from investments in Venezuela.
- Obtained the dismissal of claims brought in New York under the Alien Tort Statute by foreign plaintiffs alleging violations of international law by operations of a natural resource business (Flores v. Southern Peru Copper Corp., 414 F.3d 233 (2d Cir. 2003)).
- Secured summary judgment in favor of the defendants in an ERISA class action alleging excessive 401(k) plan expenses (Taylor v. United Technologies Corp., 2009 WL 4255159 (2d Cir. 2009).
- Representing amici curiae in high-profile ERISA appellate cases such as Hecker, Braden, Loomis, Renfro, Citigroup, Golden Gate Restaurant Association, and LaRue.
- Represented upstream oil and gas companies in royalty or lease development disputes with the US government.
Previous Experience
- Kerr-McGee Corporation, Senior Counsel (2003-06)
Honors and Rankings
- Legal 500 US, ERISA Litigation (2010, 2011)
Memberships and Affiliations
- American Law Institute, Member
- Members Consultative Group on the Restatement (Third) of the U.S. Law of International Commercial Arbitration
Publications and Speeches
- "Litigation and Jurisdiction," chapter of E-Commerce Law & Business, Aspen Publishers (2003), Co-Author
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