Energy

Litigating in state and federal courts and before arbitral tribunals, Shook has handled contract, tort, tax, employment, environmental, consumer fraud, commercial and antitrust matters on behalf of energy companies. In this capacity, our energy team members: 

• Represented 13 national and regional gasoline and diesel wholesalers and retailers in the joint defense of class actions in high-profile multidistrict litigation alleging deceptive trade practices. Defeating all putative class actions filed in 28 states on dispositive motions, at trial or through voluntary dismissals, Shook was recognized as an Association of Corporate Counsel Value Champion for “innovative and cost-effective” defense strategies.
• Defeated consumer fraud/ethanol class action lawsuit for a regional gas convenience store chain in a case of first impression in the Oklahoma Supreme Court.
• Defeated consumer fraud/class action alleging failure to disclose energy content information arising under Missouri law, including securing important wins at both the trial level and in the U.S. Court of Appeals for the Eighth Circuit. 
• Defeated multiple consumer fraud/data privacy class actions and cyber-security related matters for national gas retailers in Kentucky, Missouri, Florida and other states.
• Represented energy industry trade associations in the U.S. Supreme Court, Third Circuit, Fifth Circuit and Ninth Circuit on climate-change litigation.
• Represented energy industry trade associations and national gas wholesalers and retailers in Tenth Circuit on First Amendment question of first impression, securing an important precedent for the industry on associational privilege. 
• Represent a global energy company on multiple matters involving climate change issues in federal and state proceedings.
• Represent an international natural gas company in Alaska on constitutional issues.
• Represent a global group of energy and petrochemical companies in hundreds of catalyst exposure cases pending in the U.S. Virgin Islands and groundwater contamination cases in the United States.
• Represent the world’s largest publicly traded international oil and gas company; one of the world’s top producers of olefins and polyolefins; and one of the world’s largest polymers, petrochemicals and fuels companies in labor and employment disputes.
• Represent one of the world’s largest independent oil and natural gas exploration and production companies in groundwater contamination cases.

On the business side, we provide comprehensive regulatory counsel. Our experience in this arena includes: 

• Managing due diligence activities prior to the acquisition and sale of assets.
• Representing natural gas companies and oil and gas producers in acquisitions, conveyances, royalty matters, divestitures, securities issuances, roll-ups and debt-restructurings.
• Negotiating power purchase agreements, gas purchase agreements, engineering/procurement/construction contracts, operation and maintenance agreements, site leases, purchase and sale agreements, and financing agreements.
• Advising clients concerning major alternative sources of power supply for industrial customers.
• Preparing registration statements, listing applications, proxy materials, private placement memoranda and corporate documentation for energy clients.
• Obtaining patent and other intellectual property protection for client innovations.