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Winstead's Energy Team members are actively involved in all aspects of the oil, gas and energy practice. Many of Winstead's Energy Team members have accumulated years of practical experience working in the energy industry before moving into private practice. We understand our role as counsel in helping clients to assess risks and resolve problems expeditiously so that they can move ahead with their business plans and meet expected goals.

Energy Litigation Experience
Energy Transaction Experience
Energy Regulatory Experience

Energy Litigation Experience

Our energy litigators regularly try contested cases in state and federal courts and before arbitration tribunals, regulatory agencies and administrative judges. Our lawyers have a proven record in achieving favorable outcomes for the firm's energy clients in class action and other large, multiparty disputes. By combining their practical industry backgrounds with extensive litigation skills and experience, Winstead's energy litigators are able to provide clients with a decided advantage in achieving cost-effective, client-focused results in trial, arbitration, contested case proceedings, mediations and negotiations.

Trial attorneys on Winstead's Energy Team have a vast amount of experience in a wide variety of oil, gas and energy disputes. Our achievements include resolving disputes involving:

  • Antitrust claims in the energy field
  • Condemnation
  • COPAS accounting procedures and other energy accounting issues
  • Development rights and obligations
  • Drainage issues
  • Energy-related environmental issues including contamination/remediation issues
  • Indemnity claims
  • Joint venture/partnership issues
  • Land, boundary and mineral ownership issues
  • Offshore marine construction and transportation issues
  • Patent infringement – oil and gas equipment
  • Personal injury defense
  • Plant construction and maintenance issues
  • Plugging and abandonment obligations
  • Product liability claims
  • Qui tam cases
  • Reserve issues
  • Royalty and overriding royalty claims
  • Seismic and trade secret matters
  • Working interest/surface owner disagreements

Energy Transaction Experience

Winstead’s attorneys have effectively represented clients in virtually every segment of the energy industry, negotiating and closing transactions dealing with a wide variety of projects such as fund raising, farmouts, exploration and production, joint ventures, gathering and transportation, processing and refining, purchase and sales and financing, among others. Winstead’s experience extends across a broad spectrum of transactions varying in complexity and size from thousands of dollars to hundreds of millions of dollars, transcending geographic boundaries including almost every petroleum-producing state in the continental United States, as well as Canada and the Gulf of Mexico. Our energy transaction attorneys work closely with the Firm’s environmental, corporate, tax, and finance attorneys to provide full service representation and appropriate expertise to examine every aspect of an energy transaction.

Our attorneys have experience in a wide variety of oil, gas and energy transactions including:

  • A&D, Oil and Gas Property Purchase and Sale Agreements
  • Area of Mutual Interest agreements (AMIs)
  • Crude oil purchase, sale and exchange agreements
  • Drilling services contracts (a.k.a. vendor participation)
  • Farm-in and farm-out agreements
  • Gathering, processing, transportation and marketing agreements
  • Gas purchase contracts
  • Joint development agreements
  • Joint Operating Agreements (JOAs)
  • Master Service Agreements
  • Offshore and overseas concessions and leases
  • Oil, gas and mineral leases
  • Pooling and unitization agreements
  • Renewable energy project development

Energy Regulatory Experience

In Texas, it is important to know how the state’s dynamic energy industry is regulated, and Winstead’s attorneys possess the breadth and depth of experience to represent clients’ interests in all facets of practice before state and federal principal regulatory agencies. Our attorneys have represented utilities and other businesses in dozens of contested cases and rulemaking proceedings before those agencies.

In addition to our litigation and rulemaking experience, we understand the importance of helping our energy clients achieve their business objectives, and we have helped clients evaluate business transactions, perform due diligence, negotiate contracts, and ensure regulatory compliance, among other things. Whether the matter calls for a comprehensive litigation strategy, transaction assistance, or strong relationships with the regulators, Winstead’s attorneys can fulfill those needs.

Among Winstead's Team are former state and federal regulators with experience in all relevant regulatory programs including:

  • Energy Tax Issues
  • Federal Energy Regulatory Commission (FERC)
  • General Land Office
  • Bureau of Ocean Energy Management and Regulation Enforcement (BOEMRE)
  • Office of Hazardous Materials Safety (OHMS)
  • Office of Pipeline Safety (OPS)
  • Oil and Gas Pipeline Tariffs and Economic Regulation
  • Pipeline Integrity Management Program Compliance
  • Public Utility Commission of Texas (PUCT)
  • Texas Commission on Environmental Quality
  • Texas Railroad Commission regulatory and enforcement issues