Litigation

While we work closely with our clients to attempt to avoid and resolve disagreements, investigations and litigation are sometimes inevitable. The litigators on our Energy Industry Team are well versed and well respected in the energy industry and its related areas, and will work strategically and seamlessly to represent your interests as conflicts arise. We address a wide range of litigation needs relating to hydroelectric dam failures, stray voltage, eminent domain, antitrust compliance, market power review, infrastructure acquisition, business reorganization, bankruptcy and creditors’ rights, white collar defense, and corporate compliance.

Antitrust and Market Power: Our Energy attorneys regularly provide counsel relating to antitrust compliance in distribution processes, strategic negotiations, and the general operations of the energy industry. We have had frequent opportunities to participate in energy joint ventures subject to various types of market power review, and have handled energy industry mergers and asset acquisitions subject to FERC, CFIUS and U.S. Department of Justice approvals.

Infrastructure Acquisition and Eminent Domain: Siting and building energy infrastructure such as pipelines, transmission and distribution lines, and energy facilities have become more controversial and contentious in recent years. Our litigators negotiate (and if necessary, litigate) local, state, and federal permits and land-use approvals, and conduct acquisition litigation, including state or federal eminent domain proceedings. We strive to bring each infrastructure project to completion on time and within budget.

Business Reorganizations and Creditors' Rights: We can help you navigate complex issues, including financial failures of customers, financial reorganizations for the industry participants, contractual language for transactions to avoid creditor-rights issues, the renegotiation of contractual and financing documents due to financing exigencies, and general counseling on creditor-rights issues.

White Collar Defense and Corporate Compliance: We are well positioned to assist you in understanding and complying with the Foreign Corrupt Practices Act, federal and state restrictions on political activities and contributions, and the myriad federal regulations that can result in white collar criminal exposure, ranging from environmental restrictions to securities laws and trade practices.