Helping You Recover from the Storm
As you assess the impact of the February winter storm, Jackson Walker attorneys can help advise you on the legal implications for your business. Scroll down to learn more about how our strong relationships and our deep experience can help you address the pressing problems you’re facing today, and then let’s talk.
How We Can Help
- Antitrust claims
- Business interruption claims
- Business torts, including negligence claims
- Class actions
- Contractual performance disputes
- Cover damages on wholesale power and gas contracts for both suppliers and purchasers
- Force majeure and difficulty/impossibility of performance claims and defenses for energy supply and demand response contracts
- Gas supply, gas contract, and transportation assistance
- Guidance on impacts of market changes and regulatory reform
- Improper curtailment claims
- Index pricing assistance
- Insurance claims
- Internal investigations
- Interpretation of executive and regulatory agency orders
- Investigations and enforcement actions before regulatory and governmental agencies such as the Public Utility Commission of Texas, Federal Energy Regulatory Commission, North American Electric Reliability Corporation, Texas Reliability Entity, Electric Reliability Council of Texas, Independent Market Monitor, the Railroad Commission and other regulatory authorities
- Lobbying with regard to energy regulatory reform
- Natural gas pipeline capacity and reliability regulatory representation before the Texas Railroad Commission
- Personal injury claims
- Pipeline penalty mitigation
- Price gouging claims
- Regulatory hearings and rulemakings before the Public Utility Commission of Texas
- Stakeholder representation before the Electric Reliability Council of Texas (ERCOT)
- Texas Attorney General investigations
Our Clients
- Cogeneration facilities
- Commodities market participants, including dealers and end users
- Commercial and industrial energy customers
- Conventional and renewable power generators
- Electric utilities, including transmission-only utilities, municipally-owned utilities, electric cooperatives, and river authorities
- Gas marketers
- Industrial gas and power end users
- Interstate and intrastate natural gas pipelines
- Insurance policyholders
- Insurers
- Lenders and investors
- Local distribution companies
- Merchant power plants
- Municipally-owned gas and power distributors
- Natural gas gatherers
- Natural gas liquids and crude oil pipelines
- Natural gas processors
- Oil and gas producers
- Power marketers and traders
- Project developers
- Retail electric providers
- Storage and terminalling operators
An Experienced Team for Unprecedented Challenges
Your Jackson Walker team includes some of the most experienced attorneys in Texas across the range of issues presented by February’s winter storm. Select an area below to learn more about our experience and to meet your team.
Antitrust
Over the last century, antitrust law has exerted an ever-increasing influence on critical aspects of corporate and commercial strategy. Successful representation requires not only a keen understanding of antitrust laws, but a unique combination of business acumen and litigation experience. At Jackson Walker, we offer both litigation and advisory services regarding antitrust matters to businesses of all sizes across a variety of industries.
Litigation
Our antitrust lawyers have played a lead role in major antitrust suits in Texas and nationally. We have represented both plaintiffs and defendants through negotiation, trial, and appeal in cases involving every Texas and federal antitrust statute before diverse tribunals including arbitration panels, the Federal Trade Commission, the Antitrust Division of the Department of Justice, and state and federal courts throughout the United States. We maintain sophisticated, cutting-edge e-Discovery capabilities and are always alert to strategies that can streamline the litigation process. We endeavor to achieve excellent results in the early stages of litigation, keeping costs low and enabling our clients to get back to their real jobs.
Counseling and Compliance
While we are proud of our record of success in antitrust litigation, we recognize that the best way to defend against an antitrust claim is to prevent the claim from arising. Accordingly, we work with our clients to develop effective programs to comply with antitrust laws. Our attorneys regularly review proposed transactions, customer and competitor relationships, and business strategies to help our clients compete vigorously in the marketplace while minimizing the risk of antitrust liability.
As a full-service firm, our antitrust attorneys call on the skills and experience of attorneys in our Corporate and Securities, White Collar Defense, Energy, and other practice areas as needed. Our attorneys have taken leadership roles in the antitrust bar. In fact, two of our partners are past chairs of the Antitrust and Business Litigation Section of the State Bar of Texas.
Areas of Service
- Advise on the preparation of responses to voluntary information requests and civil investigative demands
- Represent clients in matters under the Sherman, Clayton, and Robinson-Patman Acts, as well as the Texas Free Trade and Antitrust Act
- Defend claims relating to price-fixing, territorial allocation, tying, exclusive dealing, monopolization, and price discrimination
- Serve as expert witness in Texas antitrust law
- Counsel clients on pricing of products and services
- Visa-MasterCard Interchange Fee Antitrust Litigation: Successfully pursued individual claims and recoveries for multiple large corporations, including large oil companies, as individual plaintiffs in case involving largest antitrust settlement in U.S. history.
- In re Western States Natural Gas Antitrust Litigation, MDL No. 1566, In the United States District Court District of Nevada: Defending large electric power generation company against multiple state and federal class action antitrust claims alleging the client engaged in a conspiracy to manipulate natural gas and electricity markets.
- Defended one of the country’s largest natural gas gathering and midstream companies in multiple royalty cases in several states, including Texas and Oklahoma, with allegations including fraud, conspiracy, violations of the Racketeer Influenced and Corrupt Organizations Act (RICO), state and federal antitrust violations, and other business torts.
- Schauer v. Cargill Incorporated: Won summary judgment disposing of all antitrust claims, including monopolization, attempt to monopolize, abuse of monopoly power, and conspiracy in restraint of trade.
- First American v. Title Data: Advised and brought monopolization claims against the largest title plant services provider in Texas on behalf of Fortune 500 client.
- United Allergy v. Parkland Hospital: Successfully represented large public health provider against antitrust claims of collusion and group boycott.
- Upper Deck Co. v. Leaf Trading Cards: Defended against temporary injunction attempt by competitor for leading sports card and memorabilia manufacturer and brought affirmative unfair competition and Lanham Act claims for violation of publicity rights of various professional athletes.
Edwin Buffmire
Partner, Dallas
Patrick R. Cowlishaw
Partner, Dallas
Joseph A. Fischer
Partner, Houston
David T. Moran
Partner, Dallas
Class Action
We have a deep bench of attorneys with decades of experience in important class actions across the nation. The breadth of our group includes more than 50 attorneys experienced in high stakes class actions. The types of matters we are retained on are wide-ranging. Our substantive reach includes almost all areas of the law, including multistate state and federal MDLs.
Our class action experience has taken us to represent clients in most states, including Arkansas, California, Florida, Illinois, Missouri, Nevada, New Jersey, New York, and of course, Texas. We also have recent experience in representing significant clients as major opt outs in some of the nation’s largest antitrust class settlements as well.
Our Approach
We strive to make smart and practical decisions about our approach to class. We begin with assessing the factual and legal issues, the venue, opposing counsel, the substantive and procedural law at both the trial and appellate levels and other important factors. Early on, we map out the key strategic and tactical decisions to be made to posture the case for a favorable class result. In almost every call we make, less is often so much more in the handling of class. Our goal is to execute a thoughtful plan to ensure the best chances for a win. And, we do so in an efficient manner that keeps clients satisfied.
David T. Moran
Partner, Dallas
Charles L. Babcock
Partner, Houston
Edwin Buffmire
Partner, Dallas
Joseph A. Fischer
Partner, Houston
W. Ross Forbes, Jr.
Partner, Dallas
Commodities, Derivatives, & Energy Trading
Jackson Walker represents a broad spectrum of market participants on both the “sell” and “buy” sides, including dealers and end users on transactional, regulatory, tax, litigation, and bankruptcy matters. We advise clients on physically and financially settled energy commodity transactions, ranging from “plain vanilla” trades to multibillion-dollar structured transactions. Our experienced team of lawyers has decades of problem-solving experience negotiating standard industry contracts, including industry-standard ISDA, NAESB, and EEI agreements, as well as wholesale purchase power agreements, netting agreements, tolling agreements, asset management agreements, capacity and storage agreements, and other risk mitigation and credit support agreements.
Our approach to commodities and derivatives transactions
Problem-solving approach
Jackson Walker takes a problem-solving approach to its practice. We help clients identify contractual, credit, price, regulatory, and other risks across their operations and transactions to and advise on strategies to mitigate these risks. When our clients require litigation or bankruptcy support, we work closely with our experienced litigators and bankruptcy attorneys to successfully navigate proceedings in connection with their commodities and derivatives transactions.
Focused advice and solutions
We provide clients with focused advice and solutions. While our depth of experience and practice allows us to represent clients on negotiating a broad array of transactional issues, we understand the fast-paced environment in which our client’s work. Our team works with clients to provide efficient and proactive strategies to meet critical deadlines and schedules.
- Representation of gas suppliers in over $5 billion dollars in prepaid gas sales contracts financed with municipal bonds.
- Representation of energy suppliers and retail energy providers in over $2 billion dollars in sole supplier gas and power transactions.
- Representation of power generation companies in the negotiation of fuel supply and power offtake agreements.
- Representation of energy trading companies, pipelines, and producers being audited by the FERC, CFTC, PUC, and SEC.
- Representation of private equity portfolio companies in secured, prepaid swap transactions.
- Representation of exploration and production companies in oil and gas hedging and marketing programs.
- Representation of an electric utility in a FERC investigation and enforcement proceeding alleging collusion and market manipulation by the utility, the utility’s violation of Federal Power Act Section 203, and the utility’s alleged violation of its market-based rate authority arising out of the California energy crisis.
- Representation of producers, marketers, and intrastate and interstate pipeline companies in enforcement investigations before the FERC.
- Representation of several retail electricity providers in ERCOT in the development of their master retail power sales contracts, and the negotiation of those contracts with commercial, industrial, medical, educational, and governmental consumers of electric power.
- Representation of power generation companies in developing risk analysis of sales in the wholesale to retail supply chain, including analysis of generation, credit and operational issues.
- Representation of numerous commercial and industrial consumers of electric power in Texas in their electricity procurement activities following deregulation.
- The preparation and negotiation of prepaid forward gas sales, volumetric production payments, and other forms of asset optimization, restructuring, and monetization.
- Representation of several of the nation’s largest trading and marketing companies in their daily activities, including the negotiation of (i) gas, power derivative and other agreements, (ii) credit support documentation, including guaranties, letters of credit, and margin agreements, and (iii) the development and negotiation of master netting agreements.
Jesse S. Lotay
Partner, Houston
Jennifer Ferri
Partner, Austin
Meghan E. Griffiths
Partner, Austin
Monica Pace Messick
Partner, Dallas
Private: Paul E. Vrana
Of Counsel, Fort Worth
Electric Power & Electric Regulatory
Texas both produces and consumes more electricity than any other state, and as its population continues to grow, the need to generate more power will only intensify.
Our clients benefit from our experience representing clients in all sectors of the electric power industry. We help our electric industry clients protect themselves and seize opportunities as we work close at hand with them through a wide array of energy and regulatory matters. We excel at assisting clients navigate the uncharted technical and economic complexities that continue to present themselves before the Public Utility Commission of Texas (PUCT), Electric Reliability Council of Texas (ERCOT), and Federal Energy Regulatory Commission (FERC) as our markets mature and change.
We have extensive experience representing energy clients in proceedings before the PUCT, ERCOT, FERC, and the State Office of Administrative Hearings (SOAH), as well as in energy-related litigation. That experience spans the days of traditional cost of service regulation of fully-integrated utilities, the high-stakes proceedings to transition the Texas electric markets from monopoly regulation to competition, and operation of restructured markets. We’ve been in the thick of things as ERCOT has developed and refined its nodal market, as the PUCT oversaw large-scale expansion of Texas transmission to take advantage of our renewable resources, and as Texas utilities deployed advanced meters and other smart grid innovations.
With the boom of renewable energy that has followed, our work includes helping industry participants as the grid evolves. In all of this we continue to advance our clients’ interests and strengthen their energy business in Texas and beyond. We offer clients a combination of agency and courthouse experience, industry knowledge, and a track record of success litigating complex technical and economic disputes.
In 2012, Chambers first added the category “Texas Energy State Regulatory and Litigation (Electricity)” to its directory of leading US practitioners. Jackson Walker was there then. We’ve been there every year since. Our clients know we’re there to stay.
Reach
Our team includes lawyers who have held positions as general counsel or other senior in-house legal positions with power project developers and owners, power marketers, power construction companies, and major equipment manufacturers. That in-house experience makes us well aware of our clients’ commercial and corporate concerns, the importance of time to our clients, and the need for close collaboration with the clients’ in-house commercial, legal, and operations teams.
Results
We help our clients proactively address challenges. Our attorneys are continually tracking power market and environmental regulatory changes at the federal and state level to gauge their potential impact on clients.
The strong relationships we have built with the various regulatory agencies in Texas provide an advantage to our clients. We act as advocates for our clients. Should enforcement issues arise, we are thoroughly skilled in representing power producers in contested case hearings and appeals.
Investigations & White Collar Defense
- Primary outside responsibility for 2011 investigation of large power generation company with multiple fossil fuel and renewable power generation facilities by Federal Energy Regulatory Commission (FERC), North American Electric Reliability Corporation (NERC), Texas Reliability Entity (TRE), Electric Reliability Council of Texas (ERCOT), Public Utility Commission of Texas (PUCT), and the Independent Market Monitor (IMM). Handled all RFI responses, prepared interview witnesses, presided over site visits and plant interviews, lead response to the PUCT and IMM investigation pre- Notice of Violation and Intent (NOV) negotiations, and served as lead counsel in the subsequent NOV PUC proceedings, district court proceedings, and court of appeals briefings and arguments.
- Representation of several trading and marketing companies audited by the FERC, the PUCT, and/or the SEC following the Enron bankruptcy
- In connection with a recent FERC investigation, reviewed several hundred transaction confirmations and transaction logs to assist an energy trading and marketing client in its ultimately successful defense of an industry-wide inquiry related to alleged commodity price manipulation
- Representation of the Midwest Independent System Operator (MISO), a FERC-sanctioned Regional Transmission Organization (RTO), before the PUCT to investigate and review of the selection of MISO by Entergy Texas, Inc., as its preferred RTO
- In connection with one CFTC investigation, we reviewed tens of thousands of e-mails and hundreds of hours of recorded telephone messages, in addition to a normal document review, in order to catalogue relevant information for a successful defense posture
- Led the early crisis response to significant industrial accident in Louisiana, including an investigation by the federal Mine Health and Safety Administration that began nearly immediately, including managing and coordinating an extensive internal investigation, with both privileged and confidential and public components, and handling the litigation with the injured parties
Electric Regulatory
- Acting as Texas lead PUCT and ERCOT counsel for one of the five investor-owned ERCOT utilities, appearing before the PUCT in base rate and reconciliation cases, contested disputes, energy efficiency cost recovery factor proceedings (EECRF), advanced metering system (AMS) proceedings, and related litigation
- Acting as lead PUCT and ERCOT counsel for two municipally-owned ERCOT utilities and a river authority
- Providing regulatory counsel to a leading renewable energy project developer in Texas PUCT and ERCOT matters, including PUCT contested case to designate competitive renewable energy zones (CREZ) and implement Texas’ multibillion dollar transmission build-out to connect west Texas renewable energy projects with Texas’ population and load centers
- Representing market participants in various PUCT proceedings, including resolving disputes regarding ERCOT protocols and in PUCT regulatory submissions
- Representing retail electric providers, utilities and other market participants in enforcement actions
- Advising energy clients regarding compliance with PUCT rules and ERCOT protocols, including energy regulation, pricing issues, interconnection agreements, tariffs, transmission provider cost recovery matters, contributions in aid of construction, liability limitation, allocation issues, and rulemaking dockets
- Representing clients in judicial review proceedings in district courts through the Texas Supreme Court, including, for example, appeal of a PUCT order to the Texas Supreme Court on behalf of a utility regarding a change to its stranded cost recovery
- Representing various market participants, including power generators, retail electric providers, load response, and power marketers, in connection with registration, qualification, and filings with the PUCT and ERCOT
Long-Term Power Purchase and Sale Agreements
- Representation of the developer in connection with the development of a power generation facility at a landfill site, including the negotiation of a long-term power sales agreement.
- Representation of the owner and developer in the development of a 500 MW coal-fired power generation facility in Texas to be located on the site of an existing aluminum smelter facility, including the negotiation of multiple long-term power sales agreements to various wholesale power purchasers and municipalities.
- Representation of the owner of a 49.9 MW geothermal project in connection with the development of the project, including the negotiation of the long-term power purchase agreement.
- Representation of the owner in the development of a brownfield 35 MW biomass power project in New York, including the negotiation of the long-term power and USCAP sales agreement structured as a swap transaction using the ISDA Master Swap Agreement.
- Representation of the electric power purchaser for the Pine Bluff Energy LLC 228 MW Natural Gas-Fired, Combined Cycle Cogeneration Facility at the International Paper Company mill in Pine Bluff, Arkansas, in connection with the negotiation of the master power purchase agreement, electricity services agreement, equity participation agreement, related performance guaranties and subordination agreements, pledge agreements, financing statements, and consent agreements associated with the financing of the project, and the issuance of legal opinions regarding organizational, contractual, and statutory and regulatory issues.
- Representation of the electric power purchaser for the Mobile Energy LLC 240 MW Natural Gas-Fired, Combined Cycle Cogeneration Facility at the International Paper Company facility in Mobile, Alabama, in connection with the negotiation of the master power purchase agreement, electricity services agreement, equity participation agreement, related performance guaranties and subordination agreements, pledge agreements, financing statements, and consent agreements associated with the financing of the project, and the issuance of legal opinions regarding organizational, contractual, and statutory and regulatory issues.
- Representation of the electric power purchaser for the 845 MW Natural Gas-Fired, Combined Cycle Power Facility in Rusk County, Texas, in connection with the negotiation of the master gas tolling/power purchase agreement, backup gas supply agreement, construction and interconnection agreements for pipelines and meter stations, related performance guaranties, and collateral assignments of contract rights and consent agreements associated with the financing of the project, and the issuance of legal opinions.
Wholesale Power Marketing
- Representation of power generators in the development of their master power sales contracts and in the negotiation of those contracts with wholesale buyers of electric power, including long-term power sales agreements and gas tolling agreements.
- The representation of power generation companies in developing risk analysis of sales in the wholesale-to-retail supply chain, including analysis of generation, credit and operational issues.
- Representation of power generators in drafting and negotiating power management agreements and asset management agreements providing for services relating to managing and marketing power, capacity and ancillary services from generation assets; fuel asset management and fuel procurement; and implementation of risk management and asset optimization policies through execution of puts, calls, swaps, collars, basis swaps, and other derivatives transactions executed in the financial markets.
- The negotiation of a virtual tolling agreement involving the marketing and dispatch of power produced by various power plants in a geographic area owned by a third party and operated under a separate tolling agreement between the counterparty and the third party.
Retail Electric Power
- Representation of retail electric providers in Texas in all phases of the creation and setup of the company, including corporate and financial structuring of the entities.
- Representation of an international investor group in starting up a U.S. retail electric provider modeled after a successful overseas retail electricity marketing affiliate.
- Representation of a large retail energy provider in arranging for the transportation contracts in the U.S. and Canada that permit it to deliver natural gas and electricity to its customers.
- Representation of minority-owned retail electric providers in setting up the company structures, structuring the credit and business model and arranging for credit and electricity supply.
- Representation of retail natural gas and electricity providers in pursuing collection claims for non-paying customers.
- Representation of retail energy providers in evaluating their and opposing parties’ claims and litigation strategies in retail energy disputes.
- Representation of large commercial customer in negotiating electricity supply transactions for multiple office buildings across different states.
- Representation of a large retail energy provider in connection with its structured customer transactions including energy management services, demand management services, load-shedding customer contracts, pooling transactions, ancillary procurement of capacity and ancillary services and renewable energy credits.
- Representation of retail electricity providers in CAISO, ISO-NE and PJM capacity transactions.
Transmission and Distribution Service Providers
- Representation of a large utility engaged in the generation, transmission and distribution of electricity in connection with the amendment and restatement of a Transmission Participation Agreement with two other utilities for the joint ownership of transmission facilities in New Mexico and Arizona. The amendment and restatement addresses the addition of another utility with respect to ownership of certain portions of the jointly owned transmission system and the establishment of ownership interests, transmission rights, curtailment procedures, responsibilities for operation and maintenance, and the relative rights of the parties in the event re-ratings are required under future NERC standards.
Meghan E. Griffiths
Partner, Austin
Patrick R. Cowlishaw
Partner, Dallas
Linda E. Donohoe
Partner, Dallas
Jennifer Ferri
Partner, Austin
Kirk D. Rasmussen
Partner, Austin
Private: Stephanie Collett Sparks
Partner, Dallas
Gerald Scott Webberman
Partner, Austin
Craig R. Bennett
Partner, Austin
Energy Litigation
The energy industry is complex and dynamic, and so are the disputes that may arise. Jackson Walker attorneys have successfully resolved numerous complex, high-profile energy litigation matters with hundreds of millions at stake. Our team helps clients navigate the complex relationships among transmission providers, regional power pools, sellers, and purchasers to effectively litigate energy disputes of every facet, including power purchase and related disputes.
Depth of Knowledge
Our clients hire us because we understand the industry and their businesses. We represent public and private electric power generators, oil and gas producers, natural gas pipeline companies, and natural gas processing companies in federal and state courts and before arbitration panels throughout the country. Using our broad experience and in-depth knowledge of the energy industry, we help purchasers and sellers with the complex challenges of today’s increasingly deregulated marketplace.
Strategic Results
Our most important role is to counsel our clients in risk management and conflict resolution, and we pride ourselves in providing efficient and cost-effective dispute resolution resources for our clients. But when disputes are unavoidable, we work hand-in-hand with clients to develop litigation strategy and execute that strategy to achieve results. Our energy litigators advocate strongly for our clients and have a long list of “wins” in our column. Importantly, we are also regularly called upon to represent clients in the trial and appeal of cases of first impression.
- Represented an electric power generation company in the defense of claims for negligent winterization/ weatherization and reliability of generating plants arising from the 2011 winter storm outages
- Defended a natural gas processor in claims brought by its primary customer concerning alleged breaches of several processing contracts following a disputed force majeure event that resulted in the destruction of a high-sulphur gas processing plant, including claims of reservoir damage and property damage and significant lost profits
- Represented a midstream company in litigation concerning disputes over the interpretation of several platform and production handling agreements and attendant entitlement to fees and revenue
- Prosecuted claims by a merchant power plant operator in two cases against Southern California Edison concerning alleged events of default in connection with complex bankruptcy proceedings, alleged improper termination of two long term power purchase agreements, and disputes concerning the proper application of mark-to-market damages clauses and attendant calculations, with one case subject to arbitration and one prosecuted in Los Angeles federal court and with total damages exceeding $100 million
- Defended a Texas electric cooperative in litigation brought by its customers alleging breach of contract and other disputes concerning the interpretation of long term power purchase agreements that threatened the future of the facility
- Defended a large electric power generation company against multiple state and federal MDL class action antitrust claims alleging the client engaged in a conspiracy to manipulate natural gas and electricity markets through alleged “wash sales” and false trade reporting and seeking in excess of $500 million
- Defended a retail electric provider in a multi-jurisdictional claims related to retail electric supply agreement breach of contract and deceptive trade practice claims
- Defended an interstate gas pipeline against claims seeking more than $100 million for alleged breach of a straddle contract with a gas processing plant in Louisiana
- Representation of major energy company in multiple defendant, interstate MDL antitrust class action
- Represented a Louisiana intrastate natural gas pipeline in a mass tort litigation against an intrastate pipeline consisting of approximately 100 lawsuits covering over 2,000 individual plaintiffs who allegedly were exposed to mustard agents, along with related property damage claims, seeking approximately $700 million
- Special counsel to the Louisiana Public Service Commission in a suit involving alleged antitrust violations relating to Entergy Louisiana’s fuel adjustment clause filings and affiliate transactions, seeking in excess of $400 million in damages
- Special counsel to the New Orleans City Council in a suit against Entergy New Orleans involving claims for an alleged conspiracy to overcharge ratepayers for electric power purchases, seeking tens of millions of dollars in refunds
- Represented an oil and gas producer in related suits involving multimillion-dollar claims of damage to a pipeline right-of-way and seeking restoration
- Represented a Louisiana intrastate natural gas pipeline in a $250 million class action against an intrastate pipeline involving state antitrust, tort and breach of contract claims for an alleged conspiracy to overcharge ratepayers for natural gas
- Represented a natural gas storage operator in a breach of contract suit over a natural gas storage cavern involving multi-million dollar claims for damages and the interpretation of mineral and natural gas storage leases
- Represented a Texas intrastate pipeline in a $100M arbitration over the alleged breach of gas processing and gathering contracts
- Defended a high-sulphur gas processing plant in a breach of contract suit over the shutdown of the plant, including claims of reservoir and property damage
- Represented a Texas intrastate natural gas pipeline in a multi-million dollar suit involving the transportation of natural gas by a Texas intrastate pipeline to a merchant power plant
- Represented an interstate gas pipeline in a $100M suit involving claims for breach of a straddle contract with a gas processing plant.
- Represented a merchant power plant in a Texas antitrust suit involving alleged antitrust violations relating to sales of power by merchant power plants
Amy L. Baird
Partner, Houston
Edwin Buffmire
Partner, Dallas
Patrick R. Cowlishaw
Partner, Dallas
Joseph A. Fischer
Partner, Houston
Meghan E. Griffiths
Partner, Austin
Breck Harrison
Partner, Austin
Jeff T. Harvey
Partner, San Antonio
Richard A. Howell
Partner, Houston
Private: Stephanie Collett Sparks
Partner, Dallas
Private: Jay K. Wieser
Partner, Fort Worth
Government Relations & Public Policy
Effective state representation is about relationships and cultivating trust.
The Jackson Walker Legislative team knows the key players under the dome, but more importantly, they know us. Our Legislative team’s reputation is unparalleled and the team has longstanding relationships with the Governor, Lieutenant Governor, Speaker of the House, Comptroller, the Public Utility Commission, Electric Reliability Council of Texas, the Railroad Commissioners, and key members of the Texas House and Senate and Attorney General’s office.
Jackson Walker knows the importance of maintaining current relationships and forming new ones to accomplish goals set by our clients. In short, this team knows state government and the people who make it work. Our experience and relationships protect and advance the interests of our clients in their business endeavors.
Our Legacy
Jackson Walker has been engaged in Texas politics since the early 1900s, and our involvement has continued throughout the firm’s history, with several of our partners and lobbyists regularly involved in legislative initiatives. In addition to the firm’s longstanding record of legislative success, Jackson Walker’s service to its clients is unparalleled among law firms in the state.
Our Legislative section is comprised of professionals with varied experience serving clients in diverse industries such as agriculture, energy, and public utilities. These attorneys and lobbyists have significant experience representing clients before state agencies and the Texas State Legislature regarding development of new legislation, responses to legislation that would disrupt or end current practices, and regulatory compliance.
Our current Legislative team has over 145 years of combined experience practicing before regulatory agencies and the Texas Legislature. We have a professional history of representing businesses and associations, and have coordinated efforts with private consultants, representatives of government agencies, elected officials and staff as a method of achieving goals and objectives for clients. We are skilled at building statewide coalitions of stakeholders to achieve consensus and make progress on complicated issues. Furthermore, we have been public servants and active members of our community.
Our relationships with members of the legislative and executive branches of state government are both personal and professional, and we have a solid reputation for implementing winning strategies, as well as thoroughly understanding the intricacies of the legislative process, working with leaders of both major political parties, and finding solutions where others only see problems.
- Represented a retail electric provider in PUCT complaint and enforcement proceedings and related Deceptive Trade Practices Act litigation regarding retail customer disputes following price spikes in the ERCOT market
- Advised a major retail electric provider in various PUCT proceedings to resolve disputes regarding ERCOT protocol revisions, including allocation of local congestion costs and reserve replacement service costs
- Represented a large retail electric provider in PUCT contested case proceedings to enforce Texas Genco’s participation in ERCOT wholesale capacity auctions
- In our role as Texas flagship counsel to PNM Resources, Inc., regularly advise affiliates First Choice Power, a retail electric provider, and Texas-New Mexico Power Company, a transmission and distribution utility, regarding planning and compliance issues under restructured Texas market, PUCT rules, and ERCOT protocols
- Assisted in the drafting and passage of several pieces of legislation, the net result of which is the most comprehensive financial and regulatory incentive package in the nation for new electric power generation technology and related carbon dioxide storage projects, including enhanced oil recovery projects
- Preserved and extended key incentive programs essential to the continued growth of the renewable energy industry in Texas
- Assisted in the drafting and passage of a first-of-its-kind grant program for electricity storage projects related to renewable energy that could pave the way for utility scale solar energy projects and further expansion of Texas wind energy
Denise Rose
Partner, Austin
Leonard H. Dougal
Partner, Austin
Meghan E. Griffiths
Partner, Austin
Michael J. Nasi
Partner, Austin
Kirk D. Rasmussen
Partner, Austin
Private: Insurance
The insurance industry is one of the most regulated business sectors in the country. Our long experience with the insurance industry allows us to help our clients navigate the relevant statutes, insurance department rules, and common law standards that can present challenges for insurers, brokers, and policyholders. Under the leadership of one of the founding partners of the Austin office, Fred Werkenthin, an Assistant Attorney General for the State of Texas and Division Chief for the Securities and Corporate section, the firm developed one of the state’s most prestigious insurance law practices, representing many large insurance companies before the Texas Department of Insurance and the Comptroller for the State of Texas. Today, our insurance clients vary from the largest writers of personal and commercial lines across the country, to individual agency owners, to policyholders seeking guidance.
Insurance claims for damages from the 2021 Texas winter storms that gripped the state are expected to run into the billions of dollars, making the storm one of the largest claims events in Texas history. We work with insurers, reinsurers, policyholders, agents, and brokers and offer an integrated approach to the legal needs of clients in the insurance industry. We assist our clients not only with the resolution of claims but with the full range of services necessary to achieve their business goals and serve all their needs– whether litigation or regulatory. We pride ourselves on the breadth of professional experience our attorneys bring to the table, which allows Jackson Walker to provide helpful insight into the matters in which we represent clients.
Through the years we have assisted our clients with matters in a wide variety of subjects. Below are just a few examples.
Litigation
- Class action defense relating to claims handling practices (homeowners, private passenger automobile, commercial)
- Bad faith, unfair claims practices, and deceptive trade practices claims
- Policy interpretation and coverage disputes
- Investigating and evaluating claims pre-suit
- Subrogation
- Policyholder representation, including injury and death claims
- Bankruptcy claims and adversary proceedings
Regulatory & Legislative
- Texas Department of Insurance investigations and administrative matters
- Civil Investigative Demands from the Texas Attorney General
- Statutory and regulatory reporting compliance
Christopher A. Thompson
Partner, Dallas
Charles L. Babcock
Partner, Houston
W. Ross Forbes, Jr.
Partner, Dallas
Breck Harrison
Partner, Austin
Jeff T. Harvey
Partner, San Antonio
Pipeline & Midstream
Jackson Walker represents clients in every stage of the chain of gathering, treating, processing, storing, and transporting oil, gas, and hydrocarbon products, including producers, marketers, and other shippers of hydrocarbons; gas processors; storage facility owners and operators; owners of crude oil and gas gathering systems; and owners of crude oil, product, and interstate and intrastate gas pipelines.
Our multi-disciplinary approach has enabled us to assist our clients with issues related to their processing plants, gathering systems, and crude oil, product, and gas pipelines, including issues concerning tax, environmental, intellectual property, employment, bankruptcy, and regulatory matters.
Jackson Walker regularly assists our midstream clients in all aspects of a very broad range of transactions relating to the ownership, use, and operation of U.S. and non-U.S. pipeline and other midstream assets, including the following:
- Gas processing agreements and processing plant operating agreements
- Master service agreements and other agreements between midstream facility operators and service companies
- Crude oil, natural gas, and natural gas liquid sale, purchase, exchange, and other marketing agreements, including derivative contracts and other price risk management structures
- Oil and gas gathering agreements
- Oil and gas storage agreements
- Gas transportation agreements involving pipelines that provide intrastate and NGPA Section 311 transportation service
- Gas transportation agreements involving pipelines that provide FERC-jurisdictional transportation service subject to the Natural Gas Act
- Pipeline operating agreements
- Operational balancing agreements
- Capacity release transactions
- Regulatory matters pertaining to pipeline and other midstream services and activities before the Railroad Commission of Texas and the Federal Energy Regulatory Commission
Oil and Gas Gathering
- Representation of a public master limited partnership in the structuring, negotiation and closing of the purchase of natural gas gathering facilities and related facilities and equipment in the Eagle Ford Shale Area of South Texas for a purchase price of $25 million, together with a gas gathering agreement and condensate gathering agreement by which the seller dedicated all natural gas production from certain of its Eagle Ford shale assets and the buyer agreed to gather and process all natural gas production from such assets through gathering facilities and related equipment that the buyer owns or that will be constructed and completed pursuant to mutually agreed upon development plans, having a value of $216 million.
- Representation of a major intrastate pipeline company in a transaction to monetize and provide for the further development of gas gathering systems owned by an independent oil and gas producer in East Texas. The transaction included the sale of the producer’s existing gas gathering assets to a special purpose entity jointly owned by the producer and the client, valued at approximately $36 million; a gas gathering agreement between the SPE, as gatherer, and the producer and its marketing affiliate as shippers; joint use agreements permitting the SPE to use certain surface parcels and easements retained by the producer; and a pipeline operating agreement pursuant to which an affiliate of the producer will operate the gathering systems on behalf of the SPE.
- Representation of a domestic oil and gas producer with foreign ownership in a transaction to monetize and provide for the further development of gas gathering systems owned by the client in the Haynesville Shale Field area of Louisiana. The transaction included the formation of a special purpose entity jointly owned by the client producer and a publicly traded pipeline and midstream services company; the transfer by the client producer and the pipeline and midstream services company of existing pipeline assets, easements, servitudes, and other facilities to the SPE; and a gas gathering, compression, and processing agreement between the SPE, as gatherer, and the client producer as shipper.
Gas Processing and Treatment
- Representation of a publicly traded oil and gas producer in connection with the negotiation with the midstream services affiliate of a FERC – jurisdictional pipeline of a gas processing and fractionation agreement and a condensate handling, separation, stabilization, and treating agreement relating to gas produced through the client’s floating production platform in the deepwater areas of the Gulf of Mexico.
- Representation of a midstream services company in the negotiation with an independent oil and gas producer of a gas processing and gathering agreement relating to gas produced from Roberts County, Texas.
Gas Transportation
- Representation of intrastate pipeline company in the negotiation and documentation of pipeline construction and operating agreements as part of the development of oil and gas reserves, including the documentation for supporting operating systems such as compressors and processing equipment.
- Representation of counsel for the gas supplier and the intrastate gas pipeline providing gas transportation service to the Tenaska Frontier Partners, Ltd., 830 MW Natural Gas-Fired, Combined Cycle Power Plant in Grimes County, Texas, including the negotiation of the gas supply agreements, intrastate and NGPA Section 311 gas transportation agreements, and pipeline construction and interconnect agreements, and the issuance of legal opinions on organizational, contractual, and statutory and regulatory compliance issues.
- Representation of the gas supplier and the intrastate gas pipeline providing gas transportation service to the Ingleside Cogeneration Limited Partnership 440 MW Natural Gas-Fired, Combined Cycle Cogeneration Facility at Occidental Chemical Corporation’s chemical plant in San Patricio County, Texas, including the negotiation of the gas supply agreement, pipeline construction and interconnect agreements, intrastate and NGPA Section 311 gas transportation agreements, and related performance guaranties, and the issuance of legal opinions regarding organizational, contractual, and statutory and regulatory issues.
- Representation of a large gas and power marketing company in the sale of all or a portion of the gas supply requirements of electric power generation facilities in Texas having aggregate generating capacity in excess of 4000 MW, including the provision of related non-jurisdictional gas transportation on the pipeline system of the marketing company’s affiliate and the construction of associated pipeline laterals, interconnects, and metering facilities.
Gas Storage
- As part of the sale to a privately-owned intrastate pipeline company by a Fortune 100 company of a wholly-owned subsidiary owning several non-jurisdictional storage facilities, a major intrastate pipeline system, and a smaller Hinshaw pipeline system in Texas, the representation of the gas trading and marketing affiliate of the seller in certain related gas storage and transportation transactions with the intrastate pipeline purchaser
- Representation of a storage company in project development of a depleted reservoir facility in Mississippi. Work included giving regulatory advice on FERC permitting requirements, drafting precedent agreements and firm and interruptible storage agreements, and working on the sale of the project to another developer.
Michael P. Pearson
Partner, Houston
Amy L. Baird
Partner, Houston
Stephanie L. Chandler
Partner, San Antonio
Anna R. Irion
Partner, Houston
Patrick Knapp
Partner, Dallas
Jesse S. Lotay
Partner, Houston
Renewable Energy
Jackson Walker’s Renewable Energy team has played a key role in the rapid growth of wind, solar and battery storage projects across the state of Texas and throughout the country. Jackson Walker’s Renewable Energy team is immersed in the industry. The firm advises on all aspects of power purchase agreements and regulatory compliance. The team’s deep knowledge of the electric power industry and the regulations and commercial issues that impact the industry help make Jackson Walker one of the leading law firms in Texas in the renewable energy space.
Jackson Walker routinely acts as lead counsel for its renewable energy clients, as well as local Texas counsel and subject matter experts in areas such as transmission and utility interconnection, electric regulatory compliance and regional transmission organization and independent system operator wholesale power market protocols.
In 2019 and 2020, our Renewable Energy team represented lenders and investors in the debt financing and/or tax equity funding of 15+ solar projects with a combined nominal nameplate capacity of over 3,400 MW. In that same two-year period, our Renewable Energy team represented lenders and investors in the debt financing and/or tax equity funding of 20+ wind projects with a combined nominal nameplate capacity of over 4,600 MW. These projects have a combined value of nearly $13 billion, spanning across 439,000+ acres in 30+ counties, and have the capacity to deliver over 8 gigawatts of electric energy to the power grid.
- Negotiate and draft agreements commonly used by power generators, offtakers, power traders and marketers, including retail and wholesale power purchase agreements, ISDA, GISB, NAESB, EEI, REC purchase agreements, energy and asset management agreements, netting agreements, and guaranties.
- Representation of municipally owned utility in negotiating a long-term power purchase agreement for supply from a 250 MW solar generation facility.
- Representation of municipally owned utility in negotiating a long-term power purchase agreement for supply from a 225 MW wind generation facility.
- Representation of river authority in negotiating a long-term power purchase agreement for offtake from approximately 140 MW of a 300 MW solar generation facility, including associated agreement for qualified scheduling entity services.
- Representation of municipally owned utility in negotiating a long-term power purchase agreement for supply from a 200 MW wind generation facility.
- Representation of a storage developer in interconnection agreements with transmission providers and other wholesale power market regulatory matters.
- Representation of industrial customer in short and long-term power sleeving agreements for retail power and demand response.
- Representation of a national energy company in development and construction of two 1,000 MW power generating facilities in Texas that are the first sites where GE’s 7HA.02 gas turbines have been installed.
- Representation of large commercial and industrial customers in facilities extension agreements, retail and wholesale electricity supply agreements, shared services agreements and other matters involving private use networks.
- Representation of lender and tax equity investor in financing of 300 MW solar project being developed in Andrews County, Texas.
- Representation of tax equity investor in connection with 193 MW solar project in Ector County, Texas.
- Representation of a large landowner in connection with a joint development agreement and site control agreements with regard to several solar energy projects in Texas and New Mexico potentially involving tens of thousands of acres.
- Representation of lenders and tax equity investors in financing of 250 MW solar project in Winkler County, Texas.
- Representation of a major private equity fund in structuring and negotiating an equity funding arrangement and a mineral interest acquisition and participation agreement for the accumulation of unleased and leased mineral interests in numerous counties in five states.
- Represented a large generator of wind power, assisting with and advising on lease and option agreements, substation, transmission and access easements, air rights, shared use agreements, surface use agreements, sub-easements, and other related title and environmental issues.
- Represented a developer in connection with the development and financing of a two-phase 200 MW solar energy project in Dawson County, Texas.
- Represented a developer in connection with the development and financing of a 156 MW wind energy project in Randall, Castro, and Deaf Smith Counties covering approximately 11,000 acres of land.
- Represented a large wind-energy developer in connection with the developing, funding and leasing of a 166 MW wind energy project, involving leasehold estates covering approximately 20,000 acres. This representation included due diligence, leasing, interconnection and crossing agreements, legal opinions and other documents relating to financing, corporate structuring and related documentation.
- Represented the tax equity investors and the project finance lender in connection with a 217 MW combined wind and solar project, consisting of two wind farms and one solar project. Our representation included advice on real estate, project development, tax, environmental, permitting, and regulatory issues.
- Represented global technology company in connection with its approximately $200 million equity investment in the 161 MW wind project, and served as lead counsel in connection with environmental, real estate, permitting and regulatory issues.
- Represented a construction company in matters related to the development, financing and construction of a 150 MW solar facility in Arizona, including matters relating to the Engineering, Procurement and Construction Agreement, Department of Energy guaranty, commercial lending arrangements, permitting issues and related legal opinions.
Gerald Scott Webberman
Partner, Austin
Aron R. Burnett
Partner, Austin
Meghan E. Griffiths
Partner, Austin
Private: White Collar Defense & Government Enforcement
Numerous government and regulatory authorities have announced their intention to investigate the events leading up to the power failures that occurred in the midst of February’s winter storms. The Federal Energy Regulatory Commission (FERC) announced that its Office of Enforcement is examining wholesale natural gas and electricity market activity to determine if any market participants engaged in market manipulation or other violations, while the Travis County District Attorney has announced that he is opening a criminal investigation to determine whether any entity or individuals should face charges stemming from the power outages. Jackson Walker’s Investigations, White Collar Defense & Government Enforcement attorneys are here to assist our clients through every step of the government investigation and enforcement process.
Internal Investigations
Internal investigations have become an essential part of good governance for companies. Jackson Walker assists corporate clients as outside counsel in recognizing potential problems or issues and in providing advice and counsel in the event they face the prospect of an independent investigation. We can conduct investigations, or provide clients with the tools and training they need to conduct internal investigations themselves. We can also preserve our role as litigation counsel, remaining in the background and advising our clients throughout their investigations. We also help our clients retain investigators and partner with those external investigators to ensure the success of the investigation. Whatever investigation approach is taken, we help ensure allegations are investigated quickly and with minimal disruption while seeing to it that investigations are thorough, tailored to the client, and cost-effective.
Government Investigations
Our clients rely on us to be their trusted partners before or after the government initiates an enforcement action. Clients also rely upon us to provide counseling on risk assessment, prevention, and compliance measures. We are able to draw on the knowledge and abilities of our experienced regulatory and industry professionals to develop comprehensive strategies that address not only the case at hand, but the public, media, and related consequences of enforcement actions.
Nevertheless, if the clients’ best course of action is to go to trial, then the Jackson Walker team can assemble an accomplished trial team with a long record of outstanding results.
We have litigated against virtually every U.S. enforcement agency, including FERC, the Department of Justice (DOJ), the Securities and Exchange Commission (SEC), the Department of Commerce, the Internal Revenue Service, the Federal Trade Commission (FTC), and the Department of Defense, as well as Attorneys General and District Attorneys in Texas and other states.
Price Gouging
Supply chain issues and an increased demand for certain products during times of crisis place retailers and wholesalers under a microscope. With little legislative guidance, state and federal prosecutors have extraordinary discretion in deciding which company or business to target. During extraordinary times, prosecutors sometimes target companies or businesses which are likely to focus attention to the issue. They can choose to target one with a tremendous amount of visibility and popularity, and that could include targeting the one with the deepest pocket. Recently, there has been uptick in price gouging lawsuits by the Texas Attorney General’s Office. Jackson Walker has assisted clients in fending off price gouging claims and can assist clients in demonstrating that their pricing decisions during a crisis were not the result of an intention to reap exorbitant profits and in resolving price gouging complaints.
Whistleblower Claims
Companies face more enforcement actions than ever before, due to allegations made by disgruntled current or former employees, independent contractors, or consultants. Both federal and state governments offer several “bounty” programs that allow private citizens to bring claims on behalf of the federal government (qui tam suits) and to share in any recovery from government enforcement proceedings.
Our lawyers skillfully respond to civil investigative demands (CIDs) and subpoenas. We are often successful at persuading the government not to intervene or in procuring the early dismissals of cases. Much can be learned from what the government is requesting; thus, a company benefits greatly from having skilled attorneys assess these requests with an eye toward evaluating the government’s specific interests. When litigation proceeds, we have the knowledge and experience to see clients through all stages of trial and appeal while fighting to secure an advantageous resolution.
- Primary outside responsibility for 2011 investigation of large power generation company with multiple fossil fuel and renewable power generation facilities by Federal Energy Regulatory Commission (FERC), North American Electric Reliability Corporation (NERC), Texas Reliability Entity (TRE), Electric Reliability Council of Texas (ERCOT), Public Utility Commission of Texas (PUCT), and the Independent Market Monitor (IMM). Handled all RFI responses, prepared interview witnesses, presided over site visits and plant interviews, lead response to the PUCT and IMM investigation pre- Notice of Violation and Intent (NOV) negotiations, and served as lead counsel in the subsequent NOV PUC proceedings, district court proceedings, and court of appeals briefings and arguments.
- Representation of several trading and marketing companies audited by the FERC, the PUCT, and/or the SEC following the Enron bankruptcy
- In connection with a recent FERC investigation, reviewed several hundred transaction confirmations and transaction logs to assist an energy trading and marketing client in its ultimately successful defense of an industry-wide inquiry related to alleged commodity price manipulation
- Representation of the Midwest Independent System Operator (MISO), a FERC-sanctioned Regional Transmission Organization (RTO), before the PUCT to investigate and review of the selection of MISO by Entergy Texas, Inc., as its preferred RTO
- In connection with one CFTC investigation, we reviewed tens of thousands of e-mails and hundreds of hours of recorded telephone messages, in addition to a normal document review, in order to catalogue relevant information for a successful defense posture
- Led the early crisis response to significant industrial accident in Louisiana, including an investigation by the federal Mine Health and Safety Administration that began nearly immediately, including managing and coordinating an extensive internal investigation, with both privileged and confidential and public components, and handling the litigation with the injured parties
Amy L. Baird
Partner, Houston
Erica Benites Giese
Partner, San Antonio
Gordon M. Shapiro
Partner, Dallas
Jeffrey M. Sone
Partner, Dallas
Meghan E. Griffiths
Partner, Austin
Patrick R. Cowlishaw
Partner, Dallas
Linda E. Donohoe
Partner, Dallas
Jennifer Ferri
Partner, Austin
Kirk D. Rasmussen
Partner, Austin
Private: Stephanie Collett Sparks
Partner, Dallas
Gerald Scott Webberman
Partner, Austin
Craig R. Bennett
Partner, Austin
Insights & Resources
IRS Extends Federal Tax Deadlines for Texas Due to Winter Storms
February 24, 2021
Insights
Frequently Asked Questions: Insurance Claims for Winter Storm Damage
February 24, 2021
Insights
What Businesses Should Know About Filing Insurance Claims After the Texas Winter Storm
February 24, 2021
Podcasts
Employers’ Obligations to Pay Wages for Workdays Missed During Winter Storm Uri
February 24, 2021
Insights
Employer Responsibilities During the Texas Winter Storm
February 24, 2021
Podcasts
Texas Roots and Relationships
Since our founding in 1887, Jackson Walker has played a vital role in the growth and development of Texas business. Our attorneys have represented some of the most influential companies in the state in key industries that have shaped the course of Texas history, including railroads, oil and gas exploration, the media, and healthcare.
Name partner Jess Walker is revered as the father of Texas oil and gas law. While at the University of Texas School of Law, he helped create the Texas Law Review, and one of his first articles argued that oil and gas law is a body of law distinct to itself. His five-part treatise established many of the principles of Texas oil and gas law.
Our deep experience and long history of providing cutting-edge legal advice to the energy business has led companies worldwide to select Jackson Walker as their counsel of choice on complex legal matters involving the energy and natural resources industry and related service and supply sectors.
Contact Us
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