Count on us Overview of Eversheds Sutherland’s emergency response capabilities

Eversheds Sutherland Overview of emergency response capabilities

Contents

Executive Summary ...... 3 Emergency Response Know-How ...... 6 Our Experience ...... 10 Our Team ...... 14

2 Eversheds Sutherland Overview of emergency response capabilities

Executive Summary

Overview. Emergency response is like chess. The next move will have serious implications 10 moves later. Or it is like juggling, with six issues in the air at the same time. Or it is like coaching a team in the second half of the championship game. There are a lot of metaphors, many of them useful, but none gets the whole picture. Emergency response is helping an organization address a rapid series of different but interrelated challenges with profound human and financial consequences. Sometimes you juggle, sometimes you play chess, sometimes you coach, but really you do all of these things (and more) all of the time. You manage the crisis.

We know, because we manage crises everywhere in the United States and throughout the energy sector. Crisis response is a specialty. It requires experience, knowledge, and commitment to develop. Few firms really have it, but we do. Here is an overview of our work:

─ Represented Transocean in the investigation and litigation of the Macondo disaster, an undertaking that encompassed every aspect of the emergency response practice, including advising the internal investigation, drafting the public report, preparing executives and personnel to testify in Congress and before the President’s Oil Spill Commission, representing the company at the Joint Investigation Team hearings (Coast Guard/Bureau of Ocean Energy Management, , and Enforcement), negotiating civil and criminal penalties under the Oil Pollution Act (OPA) and the Clean Water Act (CWA) with the Department of (DOJ) and the Environmental Protection Agency (EPA), and trying the case in multi-district litigation in the Eastern District of Louisiana.

─ Investigated the failure of a blowout preventer on a working deep water drill ship in the Gulf of Mexico, handled a joint inquiry with other stakeholders, represented the company in responding to a Bureau of Safety and Environmental Enforcement (BSEE) investigation, and successfully pursued legal claims related to the incident.

─ Served for two decades as US emergency response for Equinor (Statoil), during which we responded to incidents across the country, prepared comprehensive emergency response procedures, conducted regular audits and assessments of emergency preparations, and trained company personnel throughout the country through drills, table-top exercises, and crisis simulations.

─ Counseled a Fortune 100 company in the resource extraction industry on the conduct of its internal investigation into a heavily publicized disaster that caused multiple fatalities, and in the aftermath helped develop emergency response, reporting, and training procedures as barriers against future incidents.

─ Represented an international plastics and chemical firm in responding to catastrophic burn cases at an industrial site in New Mexico, including dealing with the Occupational Safety and Health Administration (OSHA) and the State of New Mexico, and defending related .

─ Coordinated the emergency response to a hydrocarbon spill from an interstate transmission pipeline in the central United States, represented the pipeline in the subsequent investigation and action by the Pipeline and Hazardous Materials Safety Administration (PHMSA), and successfully pursued claims against the parties responsible for the weld failure.

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─ Handled the emergency response to a gas explosion at an industrial site that resulted in a fatality and several injuries, conducted an internal investigation and company-wide safety audit, responded to OSHA and state regulators, and favorably resolved the ensuing litigation.

In emergency response, there is no substitute for experience. The practice is holistic. Every decision affects every other decision, and requires not only foresight but also experience in the industry and across multiple disciplines. Our team comprises top practitioners in relevant areas of who know the oilfield, negotiate with the regulators, go to the rigs and refineries, litigate the rules and , and investigate the crises. With a proven approach and a veteran team, we are prepared to engage at a moment’s notice to assist our clients in addressing whatever crisis they might face in the United States.

Our Team. Our dedicated Crisis Response and Investigation Team includes more than 30 in the United States and handles matters ranging from industrial catastrophes and environmental disasters to maritime losses and financial collapses. Our core team is led by Jack Massey and David Baay, and includes Susan Lafferty, Jake Dweck, Matt Gatewood, Marlene Williams, Michael Bahar, Mark Thibodeaux, Jim Textor, Kelsey Machado, Cathy Garza, and Ron Zdrojeski. This group illustrates our experience and multi-disciplinary capabilities, including:

─ Energy regulatory response and investigation (Massey; Baay; Machado; Garza)

─ Health, safety, and workplace compliance and litigation (Gatewood, Massey; Garza)

─ Whistleblowers, human resources, discrimination, and trade secrets (Williams; Massey; Zdrojeski; Machado)

─ Emergency preparation, auditing and assessment, procedural review, crisis simulation (Lafferty; Dweck; Gatewood; Massey)

─ Clean Water Act, Oil Pollution Act, Jones Act, Outer Continental Shelf Lands Act, Environmental Protection Agency, spill prevention and response, environmental issues (Lafferty; Dweck; Massey; Baay)

─ Anti-bribery and corruption and white collar criminal (Zdrojeski; Massey; Garza)

─ Governmental affairs, public relations, corporate strategy (Dweck; Zdrojeski; Massey; Williams; Lafferty)

─ Civil disputes and catastrophic personal injuries (Baay; Massey; Gatewood; Machado; Garza)

─ Marine incidents which can include spill contamination and insurance coverage (Massey; Textor)

─ Maritime cyber risks and piracy (Bahar; Thibodeaux) Standing behind our core team is a support group whose members can bring specific technical, regional, or agency experience to the table as needed (e.g., Steve Roberts was lead for Transocean during Macondo and is an authority in maritime law; Meghana Shah handles environmental investigations and disputes; and Lino Mendiola has strong contacts with Texas regulators).

Our Approach.

Every emergency has a life cycle. It begins with the immediate response, grows into public scrutiny, investigation and regulatory action, and matures into litigation, prosecution, and reputation management. How a company deals with each consequence of the emergency determines how successful it will be in dealing with the others.

Our approach is to address the entire lifecycle. We begin with integration and training. Major oil and gas companies already have sophisticated procedures in place for responding to emergencies. Working with the client, we familiarize

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ourselves with the relevant processes and people, and identify what we can do to strengthen the organization and its processes. Safety auditing, emergency planning, and crisis simulation follow. Both the client and our team need to practice to perform at their best when an incident occurs. And when an incident does occur, we deploy to provide comprehensive and immediate advice during the initial response, and to help the client retain the non-legal professionals who will also be essential to the effort (e.g., public relations; technical; forensic; etc.).

Finally, flexibility and pragmatism are essential. Emergency response is not purely legal. The commercial, political, reputational, and human aspects are just as important. So we seek to integrate these competing concerns with a legal strategy that minimizes risk to the company. Part of this approach involves weighing priorities, another part involves thinking ahead to avoid late-cycle risks. At all times, however, we keep in mind the context of each decision and assess how such a decision may affect the representation as a whole. In this way, we ground the representation in fact and keep the strategy on point.

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Emergency Response Know-How

Our team’s familiarity with three issues: (1) local, state, or national regulations that apply to emergency response; (2) enforcement and investigatory issues that might arise in the context of emergency response; and (3) the regions of the United States where we provide or have provided emergency response support follows.

Federal Regulatory Experience.

We work with all of the federal agencies regulating the energy industry and workplace safety in the United States, are familiar with their regulations and procedures, and have interacted with each in the emergency response context. We have also worked with a number of state agencies, and have a system for dealing with relevant state and local law. A list of regulators follows, including some examples of our experience.

─ BSEE. BSEE regulates offshore oil and gas exploration activities. Since Macondo, the offshore regulatory regime evolved with the adoption of new rules regarding blowout preventers, well control, oil spill planning and response, and process safety (SEMS). Now the regulatory regime may be changing again as the Department of the Interior proposes rolling back some regulations. We advise on compliance with BSEE regulations, incident reporting and investigation, and responding to Potential Incidents of Noncompliance. We are familiar with the Outer Continental Shelf Lands Act (OCSLA), CWA, and OPA, and have dealt with BSEE, EPA and DOJ on issues arising from these .

─ United States Coast Guard (USCG). USCG regulates the maritime safety of vessels in US waters, including key oilfield assets like tankers, Mobile Offshore Drilling Units (MODUs), and Floating Production Storage and Offloading units (FPSOs), and manages spills in coastal waters. We have significant maritime experience, work with international marine safety standards and conventions (e.g., Safety of Life at Sea (SOLAS)/International Safety Management (ISM); The International Convention for the Prevention of Pollution from Ships (MARPOL); Standards of Training, Certification, and Watchkeeping (STCW); MODU Code), and deal regularly with USCG regulations and investigations.

─ OSHA. OSHA is the workplace safety regulator. It enjoys broad responsibilities, but defers to other agencies if they regulate safety in a specific sector. It also focuses more on personal safety than process safety. We represent clients in dealing with OSHA in incident reporting, investigative, and litigation contexts. Likewise, our leading safety practice advises on compliance with workplace rules, safety auditing and risk-management, and best practices for minimizing legal risk arising from the occupational safety rules.

─ EPA. EPA is the chief environmental regulator. Via the CWA, Clean Air Act (CAA), OPA, Superfund or Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), Emergency Planning and Community Right-to-Know Act (EPCRA), and other statutes, the EPA enjoys substantial regulatory authority over oil spills, releases of hazardous substances, and safety reporting and planning. We work on a variety of EPA compliance matters, including the Oil Spills Prevention and Preparedness regulations (Spill Prevention, Control and Countermeasure (SPCC) Rule and Facility Response Plan (FRP)) and the Risk Management Plan Rule regarding controls for facilities using extremely hazardous substances. We encounter the EPA frequently in the course of investigations and disputes, and in particular have litigated CWA and CAA matters.

─ Chemical Safety Board (CSB). The CSB sits in the shadow of the EPA and often seeks to investigate on a parallel track to the EPA. While it has no enforcement power, it does have subpoena power, and has written extensively on

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industrial disasters in the energy sector (e.g., BP Texas City; Macondo). We litigated unsuccessfully to stop a jurisdictional overreach by the CSB, but have been very successful in resisting its subpoena program.

─ PHMSA. PHMSA is the interstate pipeline regulator, which works closely with the NTSB and state pipeline regulators, and shares responsibility for OCSLA transmission and gathering pipelines with BSEE by interagency memoranda of understanding. We have extensive experience with PHMSA in the context of emergency response – spills, explosions, and incident investigations – as well as in the context of compliance and litigation.

We view expertise with these agencies as a necessary but not sufficient condition to emergency response. Put another way, we must know the regulators to do our job in responding to an emergency, but the job is more than knowing those regulators. Rather, the job is accounting for the likely positions and actions of the regulators, and the consequences of such positions and actions, in the broader context of the company’s legal, commercial, and reputational strategies. Our personnel may be specialists in OCSLA regulations or PHMSA adepts, but first and foremost they are emergency response lawyers.

For example, we think that pre-incident planning is essential to emergency response. In performing pre-incident work (e.g., policy assessments; safety audits; crisis simulations), we focus on relevant agencies and rules. But we also draw on our experience across different agencies and crises to give advice about broader trends and practices. So in our planning we can account for the exclusion of Coast Guard Marine Casualty Investigations from in civil or administrative proceedings (a technical agency specific point), but also consider means for defeating the exclusion (a litigation point), and recognize the trend towards regulatory overlap and process safety regulation offshore that expands and statutory liability while diminishing the relevance of the exclusion in question (a practical crisis response and strategy point).

This illustrates the idea that emergency response is a discipline superimposed over diverse skills. On our team, we start with industry and agency knowledge, and build functional know-how around it, so that in addressing a crisis we have the best thinking on investigations, safety, civil litigation, criminal exposure, and reputation management.

Enforcement & Investigations in an Emergency Response.

Any significant emergency will trigger internal investigation, regulatory inquiry, and lawsuits. The interplay between them is complex and perilous. Managing these different but related activities in line with a consistent strategy is a critical part of an emergency response. Common pitfalls include:

─ Lack of coordination. The single biggest problem in a crisis is complexity. A lot is happening quickly, a lot of people in different parts of a big organization are trying to respond, and a lot of third parties are involved. The result can be incongruous actions, contradictory positions, bad relations with outside parties like regulators, and the creation of evidence that creates or magnifies liability. The most important role of emergency response counsel is to assist the in-house team in coordinating the company’s many actions in response to the incident. For example, a lack of coordination might lead to a company commissioning an outside law firm to conduct a privileged investigation. At the same time, the company’s field-level HSE personnel have conducted their own investigation, pursuant to company policy, and reached conclusions that are harmful, incomplete, and discoverable.

─ Self-inflicted wounds. Related to the coordination problem is the problem of control: keeping actors within the company from taking actions that harm its legal prospects. This is a broad category that contains a host of examples: the engineer who inevitably uses root cause analysis to blame the company for any incident; the field supervisor who speaks to the press without consulting anyone; the executives who respond to news of the disaster with intemperate, ill-informed, hyperbolic emails, all discoverable; or the treasury employee who characterizes the incident inappropriately on a call with analysts. Crisis counsel can play a valuable role in establishing control over an organization through meetings with key players, briefing sessions for relevant teams and groups, and video messages or emails regarding appropriate conduct to everyone in the organization.

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─ Uncertain approach to investigation. There are many ways to conduct an internal investigation, all with serious implications for the future position of the company vis-à-vis regulators, civil litigants, , and the public. Accordingly, the utmost care should be taken in chartering and conducting an investigation. Key considerations include: structuring the investigation to comply with company policy; maximizing the protection of attorney-client privilege and the work product doctrine; managing the investigation on the assumption that the privilege will not ultimately apply; avoiding the creation of potentially harmful evidence; controlling the scope and remit of the investigation; choosing investigative personnel who will be robust if involved in litigation; and running multiple investigations for different purposes, i.e., a public investigation on limited grounds and a totally sequestered privileged investigation for the benefit of the company and its litigation counsel.

─ Refusal to commit or use resources. Outside counsel play a critical role in assembling the team of outside professionals who can help a company through a crisis. Equally importantly, they can provide objective advice on where help is needed. Companies may not deploy necessary resources because of disputes over cost, turf, or status. For instance, an organization might resist retaining a consultant to aid in its work (e.g., the company investigation preferring an internal engineer to a world renowned well control expert or the marketing department wishing to maintain control over communications with the media) or an individual might discount his or her own need for special counseling on how to do the job (e.g., a senior executive refusing to work with lawyers and public relations specialists before testifying before a regulator or going on television).

─ Inadequate focus on litigation. This response addresses the United States, so everyone is aware of the outsized litigation risk, but a classic emergency response error is to satisfy regulatory, public, and stakeholder concerns early in an incident response at the expense of a defensible legal position later. Examples include committing to a public report; foregoing a privileged investigation; publicly taking broad responsibility for an incident; and creating foes among other parties to the incident by placing blame on them. In every case, there are situations in which the sacrifice of the legal point makes sense. Too often, however, such sacrifices are driven by short-term considerations without adequate analysis of their net effect. This danger is magnified by the increasingly thin line between civil and criminal enforcement in relation to environmental emergencies.

─ Too much deference to regulators. A cooperative approach to investigating agencies is a good baseline during an emergency response, but a company should be prepared to assert its rights against abusive or overreaching inquiries. The most important point here is to interject counsel into communications with local authorities and regulators as soon as an emergency occurs, and to have emergency procedures requiring managers to notify counsel immediately in the event of an incident and to inform responding regulators and government officials that company counsel need to be in the loop. Involving counsel early exerts company control, facilitates the flow of information to the company, and minimizes the chances of personnel giving statements or interviews without legal advice. As an emergency develops, counsel should push back against document and witness requests that are overbroad, and in some instances pursue legal or equitable remedies. Regulators and government lawyers will always carrot-and-stick – citing the goodwill generated by cooperation while intimating serious consequences to demurring – but as a practical matter investigators are likely to be overbroad in using coercive processes and expect reasonable resistance. Even if they do not, such resistance is a necessary feature of the company’s defense.

─ Mishandling of individual witnesses and subjects of government investigation. Industrial catastrophes increasingly come with criminal sanctions for the individuals involved. The United States indicted several people (including executives, a shore-side engineer, and two rig superintendents) over the Macondo incident; more recently, the District Attorney in Harris County indicted two executives of the French firm Arkema for “reckless” releases of toxic chemicals during Hurricane Harvey. For corporate actors, handling personnel who may be or become individually liable for criminal acts is a delicate but essential undertaking. This dilemma involves complex legal issues regarding privilege, conflict of interest, and avoidance of conspiracy, and pressing prudential concerns.

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An individual who feels pressured or mistreated can be a terrible enemy in a variety of ways, from whistleblowing to trading information for immunity to giving bad interviews and testimony.

Local Experience, National Reach.

Crisis and litigation are local. The best lawyers in the world can be inefficient or ineffective when operating in a foreign (and often hostile) environment. Consequently, our approach to state and local issues is to do what we can within our power, while using the best local counsel to augment our capabilities.

This hybrid approach works well. Our team is good at integrating local lawyers into our activities and coordinating their research and practice. While these lawyers are assets in themselves, they also guide our team and assist us in acclimating to new , practices, and people. Indeed, this practice is essentially identical to the one we use in a foreign crisis, in which we liaise with qualified lawyers in another to advise our mutual client. In Macondo, we supervised teams from different law firms in every Gulf Coast state to handle claims and suits brought by attorneys general and municipalities. We received better information and better treatment as a result, incurred substantially less expense than we would have trying to handle such work ourselves, and freed our core team members to focus on more exigent matters.

Of course, there are jurisdictions and bodies of law that we know well. In Texas, for instance, we interact with the Texas Railroad Commission and the Texas Commission on Environmental Quality regularly. We stay involved in jurisdictions where significant oil and gas exploration and production has occurred in recent years (e.g., Oklahoma, New Mexico, Pennsylvania, West Virginia, and everywhere on the Gulf Coast) and where we have larger offices (e.g., New York, Georgia, the Washington DC metropolitan region) serving clients in energy, industrial, and environmental matters.

Finally, there are practice areas where our subject-matter experts closely track relevant developments at all levels of government. We have conducted nationwide research on a variety of issues relevant to the energy industry and to our crisis response paper, and we also regularly prepare white papers or briefs on and regulations in jurisdictions of interest. For example, we are closely following state laws in relation to private claims in connection with climate change, state laws and regulations regarding hydraulic fracturing, state laws and regulations regarding coastal erosion, and state laws and regulations regarding spill response.

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Our Experience

Eversheds Sutherland’s Crisis Response & Incident Investigation Team guides companies through crises, big or small, in a way that mitigates risk and diminishes liability. Our attorneys have advised and defended clients facing numerous challenges caused by drilling rig accidents, transportation disasters, and board room crises. This experience includes parallel civil litigation and criminal investigations, multi-district proceedings, putative class actions, congressional investigations and hearings, regulatory investigations, internal investigations, shareholder direct and derivative claims, and corporate disclosure issues.

Our Team uses a multidisciplinary approach to incident response that includes business insight, industry knowledge, and extensive complex litigation experience to immediately mobilize a targeted response for clients facing a variety of legal challenges inherent in crisis situations. Our attorneys work across practice teams and office locations with the relevant industry experience and legal skills required to address our client’s specific needs. Our close coordination and communication with our client will ensure team efficiency and efficacy.

Representative matters involving emergency response include the following:

Local, State, and National Regulations requirements applicable to the transportation of crude oil under the PHMSA Hazardous Materials Environmental Regulations.

─ Represented an international petroleum ─ Represented a leading East Coast barge and tug distribution company in its OPA recovery of company in a Cape Cod oil spill, which resulted in demurrage and lost profit damages incurred by a criminal prosecution arising from violations of chartering disruptions during a Galveston Bay oil the CWA and Migratory Bird Treaty Act (MBTA), spill closure. among other violations. The attorney defended

the client in a related environmental class action Represented an international drilling contractor in ─ in Massachusetts state and in a multiple federal and state investigations in companion case brought in the US District Court environmental proceedings regarding the Gulf of for the District of Massachusetts. The state action Mexico oil spill. was one of the very few class action

resulting from an environmental incident and was ─ Advised midstream oil and gas companies on the first environmental class action ever tried in emergency spill response and general operational Massachusetts. The matter was favorably resolved compliance under state and federal environmental following trial. regulations applicable to assets in North Dakota, Oklahoma, Texas, and New Mexico, as well as

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─ Served as lead counsel in the crisis management ─ Represented several integrated oil and gas and incident response after Hercules' rig 265 corporations with matters such as toxic tort and experienced well control issues leading to a chemical exposure claims, property damage blowout. We served as lead counsel in the incident claims and environmental contamination matters response, but also performed all of the document arising from release from facilities, pipelines, review, retention, and processing for Hercules in railcars and underground storage tanks. this matter as well as represented Hercules in two additional matters relating to the incident. ─ Defended pesticide manufacturer in toxic tort litigation: hundreds of plaintiffs sought personal ─ Advised an oil major/charterer in a dispute under injury and property damages and funding for an amended Shell charterparty on the period of future health monitoring; case involved novel off-hire of an LNG vessel due to delays following legal theories and two successful defense an incident of possible crew incompetence that interlocutory appeals to the Texas Supreme Court. caused LNG spillage and a crack to the hull.

Workplace Safety ─ Defended a major corporation in proceedings

before the US EPA, OSHA and other domestic and foreign regulatory agencies in connection with ─ Represented an on-site field machining services related matters arising from company in crisis management, incident response, decontamination programs and claimed releases and ensuing wrongful death and property loss of toxic materials in three states and . litigation arising out of a natural gas plant explosion.

─ Defended one of the only toxic tort water contamination cases tried to a in South ─ Represented an international plastics and Texas. We achieved a defense against chemical firm in responding to catastrophic burn plaintiffs’ property and injury allegations which cases at an industrial site in New Mexico, including involved substances including radon, arsenic, and dealing with the OSHA and the State of New lead. Mexico, and defending related lawsuits.

─ Provided ongoing advice to a major international ─ Conducted a comprehensive process safety oil and gas producer and the trading arms of two analysis of the procedures and operations of a major international financial institutions. Issues midstream company and provided detailed written include emergency response planning and recommendations to improve safety processes environmental liability issues related to energy and limit potential liabilities. products trading under international and foreign law in North America, South America, Europe, ─ Represented a steel manufacturer at an Africa, Asia, and Oceania. Occupational Safety and Health Review Commission mandatory settlement conference to ─ Experienced with chemical reporting and resolve allegations issued by the OSHA, and monitoring requirements under the Toxic provided ongoing advice and support regarding Substances Control Act (TSCA), the Federal compliance with Occupational Safety and Health Insecticide, Fungicide, and Rodenticide Act regulations. (FIFRA), and the Emergency Planning and Community Right-to-Know Act (EPCRA). ─ Defended an international oil and gas producer and LNG importer in claims by local distribution ─ Advised on environmental compliance including companies that LNG caused safety concerns and federal CAA, water, emergency planning, right to other harmful effects to the distribution system know, and hazardous wastes permitting and and facilities. reporting requirements.

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Maritime oil spill in the Gulf of Mexico, alleging that defendants failed to disclose alleged safety issues ─ Successfully handled the largest piracy event in prior to the incident. Plaintiffs alleged a $14 billion maritime involving the highjacking of a chartered drop in the driller’s market capitalization. The supertanker by Somalian pirates in the Indian securities fraud cases were dismissed by the Ocean. Southern District of New York, with the US Court of Appeals for the Second Circuit affirming one of the decisions on of repose grounds. The ─ Coordinated a licensing defense before the USCG derivative action was settled. for a master mariner accused of violating the ISM

code in the conduct of his duties. ─ Investigated the failure of a blowout preventer on a working deep water drill ship in the Gulf of ─ Assisted a client in responding to a USCG Mexico, handled a joint inquiry with other investigation regarding a crane accident that stakeholders, represented the company in resulted in substantial injuries to several workers. responding to a BSEE investigation, and

successfully pursued legal claims related to the ─ Represented a vessel owner in responding to an incident. allision that caused substantial damage to both

vessels, and handled the USCG inquiry, ─ Coordinated the emergency response to a investigation, and related litigation. hydrocarbon spill from an interstate transmission

pipeline in the central United States, represented ─ Worked with the USCG to develop the first the pipeline in the subsequent investigation and comprehensive, post 9/11, safety and security action by the Pipeline Hazardous Materials Safety plan for a major LNG receiving terminal. Administration, and successfully pursued claims

against the parties responsible for the weld ─ Prepared and tested Emergency Response Plans failure. for oil and bunker fuel spills, and advised on the

structure of vetting programs. ─ Served for two decades as US emergency

response counsel for Equinor (Statoil), during Represented a vessel owner and charterers for ─ which we responded to incidents across the casualty claims involving vessel collisions, engine country, prepared comprehensive emergency room fires, tanker pollution, and piracy events. response procedures, conducted regular audits and assessments of emergency preparations, and Enforcement/Investigatory Response trained company personnel throughout the country through drills, table-top exercises, and crisis simulations. ─ Served as lead counsel in the BP oil spill litigation and guided the drilling contractor through crisis ─ Counseled a Fortune 100 company in the resource management and regulatory issues following the extraction industry on the conduct of its internal Deepwater Horizon oil spill. We led the company’s investigation into a heavily publicized disaster that response to public investigations in the United caused multiple fatalities, and in the aftermath States, the United Kingdom, and Mexico, as well helped develop emergency response, reporting, as private investigations by a number of national and training procedures as barriers against future and international engineering and scientific incidents. bodies.

─ Handled the emergency response to a gas ─ Represented the offshore drilling company and explosion at an industrial site that resulted in a certain of its officers and directors in 10b-5, fatality and several injuries, conducted an internal Section 14, and investor class actions and related investigation and company-wide safety audit, shareholder derivative cases filed after the 2010

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responded to OSHA and state regulators, and investigating the cause of the incident, working favorably resolved the ensuing litigation. with technical experts, and supporting the project team in commercial negotiations. ─ Assisted an international drilling company in incident response and crisis management ─ Conducted an internal investigation of the following a major well control incident in the Gulf circumstances surrounding natural gas-related of Mexico by facilitating and representing the trading losses by an energy services company on client in subsequent regulatory investigations. behalf of the audit committee of the Board of Directors. ─ Represented a midstream company in responding to suits and regulatory inquiries arising from an ─ Defended Pabst Brewing Company in suits and explosion that injured three workers at a pump OSHA matters related to fuel and dust explosions, station. gas and airborne particulate exposures, and noise.

─ Represented an offshore drilling company in a ─ Represented an integrated oil and gas company in successful $400 million insurance coverage personal injury claims arising from toxic tort dispute and rigs-to-reef applications in Louisiana exposures at refineries. and Texas after five rigs sunk in Hurricanes Katrina and Rita.

─ Represented an oil major in an investigation of its pipeline in California related to a contamination event. Our work involved extensive analysis of the tariff and interaction with petroleum engineering experts to determine the source of the contamination

─ Represented a midstream company in a regulatory inquiry from PHMSA regarding the company’s qualification of in-service welding procedures under 49 CFR 192, 49 CFR 195, and API 1104.

─ Represented London insurers in litigation involving $30-plus million business interruption and loss of production income (LOPI) under an energy package policy caused by the eruption of Mt. Redoubt in Alaska.

─ Represented London market insurers in subrogation matters to recover insurance proceeds paid to repair subsea pipeline damages following a loss of station by a jackup drilling rig during a hurricane.

─ Counseled a midstream company in assessing the legal and regulatory implications stemming from the installation of defective pipe, including identifying claims against the supplier of the pipe,

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Our Team

Jack Massey Partner Houston T: +1 713 470 6141 [email protected]

Background

Jack Massey handles business disputes, regulatory actions and internal investigations for his clients. He has brought and defended cases in state and federal court, in multi-district litigation and before domestic and international arbitration panels. A significant portion of Jack’s practice is focused on the energy industry, where he represents exploration and production companies, offshore drilling contractors, oilfield services firms, refiners and trading companies. His cases have occurred in a variety of jurisdictions, including Texas, New York, California, Louisiana, Arkansas, New Mexico, Arizona, Georgia, Virginia, the District of Columbia, Nuevo Leon, Tamaulipas and England.

Jack has substantial experience investigating frauds, disasters and bribery schemes. Clients often call on him for advice on safety litigation and post-incident investigations. He has represented clients in responding to inquiries from the Bureau of Safety and Environmental Enforcement, the Pipeline and Hazardous Materials Safety Administration, the Occupational Safety and Health Administration, the Environmental Protection Agency and a number of state agencies. Jack also provides legal and strategic advice to defense and aerospace companies, and has handled matters related to appropriations, procurement, and regulatory compliance.

He served as counsel to Transocean’s internal investigation of the 2010 Macondo incident and advised the client on its reporting process; its approach to hearings before the Coast Guard, the Minerals Management Service, the Presidential Oil Spill Commission and several Congressional committees; and its negotiations with the Department of Justice and the Environmental Protection Agency regarding charges in connection with the incident.

On the compliance side, Jack clients on the Foreign Corrupt Practices Act (FCPA) and related anti-bribery laws, the False Claims Act, and whistleblower claims. He has participated in more than a dozen corruption and whistleblower investigations, prepared reports and board presentations, advised on disclosure and collateral litigation issues, and represented clients in dealing with the Department of Justice, the Securities and Exchange Commission, and the offices of several state Attorneys General. He has defended both corporations and individuals from prosecution.

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David A. Baay Partner Houston T: +1 713 470 6112 [email protected]

Background

David Baay represents the energy industry in commercial litigation. His clients include multinational oil companies, drilling contractors, pipeline operators, oilfield service companies, and multi-commodity traders. With trial and arbitration experience spanning the past 18 years, David represents his clients in high stakes litigation and other crisis situations. He takes pride in finding creative solutions to his clients’ problems.

David was part of the team that represented Transocean Deepwater Drilling, Inc., in the Gulf of Mexico oil spill litigation. He initially served on Transocean’s internal investigation team, helping to direct efforts related to the forensic examination of the blowout preventer. He handled interactions with the governmental agencies involved in the forensic examination and led efforts to secure a neutral testing site for the blowout preventer, all in a politically charged atmosphere. David also helped to coordinate discovery efforts in this MDL proceeding that encompassed hundreds of fact and expert witnesses’ discovery and depositions.

David has also represented various energy companies, as both plaintiffs and defendants, in matters involving millions of dollars in potential exposure. He has deep experience advising clients on conducting pre-suit investigations assembled for the purpose of determining root cause and advising the client on impending litigation exposure. David currently serves as Partner in Charge of the Eversheds Sutherland (US) Houston office and co-chair of the US Energy Litigation team.

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Jacob Dweck Partner Washington DC T: +1 202 383 0775 [email protected]

Background

Jacob (Jake) Dweck is a leading US energy lawyer and thought leader. For more than four decades, Jake’s practice has spanned matters involving oil and gas, LNG, electric power, renewable resources, energy futures and derivatives, fuels regulation, international trade and sanctions, oil spill incident response and climate change. In each area, Jake has counseled the who’s who in the energy industry and is recognized for his creative solutions in commercial transactions, regulatory and policy proceedings, and bankruptcy.

Jake’s recent successes include obtaining from the US Department of Commerce the groundbreaking Enterprise classification—the first time the US Government allowed the export of light crude oil—and the criteria for the re-export of Canadian crude oil. He also advocated for the elimination of all U.S. crude oil export restrictions, which were lifted on December 30, 2015.

Jake founded the firm’s LNG practice and the widely read LNG Law Blog. He also established and led the firm’s robust energy practices in creditors’ rights, including the Enron Bankruptcy and its progeny, international trade and customs, and oil spill risk management and incident response.

Jake led Eversheds Sutherland (US)'s Energy Government Enforcement Practice and, throughout his career, has represented clients before the US Commodity Futures Trading Commission (CFTC), the Federal Energy Regulatory Commission (FERC), the Federal Trade Commission (FTC), the U.S. Environmental Protection Agency (EPA), US Customs and Border Protection (CBP), and other agencies. His experience encompasses US trade sanctions and Office of Foreign Assets Control (OFAC) matters, anti-boycott regulations, anti-bribery laws (FCPA), and other laws and regulations affecting international transactions. He also has directed a significant number of internal investigations on behalf of boards, audit committees and management.

Jake also has worked on major energy projects and transactions, including the acquisition and capacity rights in, and the development of, the Cove Point MD LNG regasification terminal; the purchase and sale of derivatives and futures trading books; and transactions involving renewable energy companies.

Jake’s experience includes notable energy litigation in the federal . He represented the entire farmer cooperatives community in the multibillion-dollar Stripper Well Refund Proceedings and was lead counsel in NYMEX v. New Jersey DEP, the Exchange’s successful challenge to New Jersey’s decision in 1995 to abandon the oxygenated fuels program. Jake now represents clients in multi-district litigation proceedings involving alleged methyl tertiary butyl ether (MTBE) contamination in various states.

Jake advises energy companies on their implementation of Dodd-Frank Act requirements, including customizing trading compliance programs. A member of the firm’s Energy and Commodities Derivatives team, he has led compliance engagements by a number of U.S. energy companies, including integrated concerns, producers, midstream businesses and others.

Jake has contributed to studies by Brookings, the Columbia Center on Global Energy Policy and others; presented at numerous conferences, including CERAWeek, EIA events, UT Gas & Power Institute, Texas , Platts and Argus conferences; and has been quoted frequently in the WSJ, Financial Times, Houston Chronicle, Bloomberg, Reuters and other publications.

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Kelsey M. Machado Associate Houston T: +1 713 470 6124 [email protected]

Background

Kelsey Machado counsels clients on complex commercial litigation matters with a focus in energy. She has experience representing clients in state and federal courts litigating in various areas, including oil and gas, maritime, breach of disputes, and other general business litigation matters. Kelsey’s specific experience includes representing a major drilling contractor in arbitration against international operators concerning the assignment of a drilling contract. Issues involved rig readiness, reviewing audits, and fitness of well control and drilling equipment. Additionally, Kelsey defended a pipeline owner and operator against landowners’ claims involving oil leaks at various sites. Issues involved remediation of soil and groundwater due to contamination in accordance with Railroad Commission of Texas regulations, and issues related to pipeline classification and interpretation of Pipeline and Hazardous Materials Safety Administration (PHMSA) regulations.

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Catherine E. Garza Associate Austin T: +1 512 721 2693 [email protected]

Background

Cathy Garza is a commercial litigator who advises on energy, construction, and business disputes before state and federal courts as well as state agencies such as the Public Utility Commission of Texas and the Railroad Commission of Texas. With a focus on the energy industry, she has represented Fortune 500 companies, electric utilities, electric cooperatives, drilling contractors, and oilfield services companies in a variety of complex matters. In legal proceedings and responses to emergency situations, Cathy provides creative and result-oriented counsel to her clients on substantive legal issues and legal strategy.

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James M. Textor Counsel New York T: +1 212 389 5005 [email protected]

Background

With nearly 35 years of experience—both in private practice and as corporate counsel for a leading oil trader—Jim Textor is a nationally-recognized admiralty and maritime litigator in state and federal courts at both the trial and appellate levels.

Jim represents maritime clients in shipping and chartering disputes, breach of liquid commodity sales and related commercial arbitrations. He also advises multinational energy companies, financing banks and trading institutions on complex coverage disputes arising from alleged damage to energy-related assets.

His years as maritime counsel provide him with extensive experience in the petroleum and chemical industry, including hedging business risks through derivatives.

Jim is the author of six law review articles on petroleum trading contracts, maritime arbitration, and vessel and barge party disputes. As issued by the US Coast Guard, Jim holds an unlimited tonnage ocean Second Mate license.

After graduating from the US Merchant Marine Academy, Jim sailed as deck officer for American Export Lines on dry cargo break-bulk vessels and for Point Shipping and Getty Fleet Corp on US Flag coastwise tankers.

For charter party and salas contract disputes, Jim routinely participates as the Chair in tri-partite Society of Maritime Arbitration proceedings in New York City.

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Mark Thibodeaux Special Counsel Houston T: +1 713 470 6104 [email protected]

Background

Mark Thibodeaux represents energy industry clients in incident response and investigation, compliance issues, litigation, and regulatory actions. His practice frequently involves conducting and leading investigations into incidents ranging from oil field accidents to fraud and financial crime and cybersecurity attacks. He served with Transocean's internal investigation team, investigating the Deepwater Horizon accident and oil spill in the Gulf of Mexico, and has been involved with other pipeline and drilling accident investigations. Mark has conducted Foreign Corrupt Practices Act, UK Bribery Act, and other corruption investigations in the US, the Middle East, and South America. Mark has also led numerous cybersecurity-related investigations, including major data breach cases. Mark was previously chief information officer for a major international energy company, where he frequently interacted with regulators from the US Federal Energy Regulatory Commission, Commodity Futures Trading Commission, SEC, and the FBI, among others. Mark is also a Certified Public Accountant and Certified Information Privacy Professional/US.

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Marlene C. Williams Partner Houston T: +1 713 470 6143 [email protected]

Background

Marlene Williams is a seasoned litigator who guides her clients through complex labor and employment matters, defending Fortune 100 companies in class action disputes, collective action litigation, bet-the-company non-compete and trade secret cases, labor disputes, and a variety of other employment litigation matters. Clients routinely call Marlene to assist with investigatory matters involving agency enforcement actions, sensitive employee termination matters, and complex investigations involving executives and other employees. She has substantial experience assisting clients with Department of Labor investigations and has helped numerous clients successfully defend against DOL audits. Her clients span a variety of industries, including energy, chemical, media, retail, manufacturing, and healthcare services. She has served as lead counsel in and jury trials, in appeals in federal and state courts, in arbitrations and before administrative bodies. With her broad litigation experience, Marlene assists clients in cases involving a wide range of employment law issues, including wage and hour; discrimination, retaliation, and harassment; whistleblower claims; business (involving trade secrets and non-competes), compliance issues; and labor disputes. She also assists clients with issues surrounding employment agreements; hiring and onboarding processes; and general human resources practices. As a well-respected advocate in her field, Marlene’s in-depth knowledge of both labor and employment topics allows her to effectively train clients on their policy and enforcement matters, internal investigations, and document retention and employee retention issues.

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Susan G. Lafferty Partner Washington DC T: +1 202 383 0168 [email protected]

Background

Susan Lafferty advises clients on an array of energy and environmental issues impacting the petroleum, biofuels, and energy trading industries, including enforcement, response, and mitigation of risk. Because Susan’s practice covers regulatory, commercial, and policy issues implicated by shipping all types of commodities by rail, vessel, or truck, she understands how clients can manage and mitigate their spill exposure. She has helped her clients navigate crude-by- rail matters, and has assisted in responses to vessel, barge, and rail accidents. For the Macondo spill, she oversaw the OPA 90 Spill Fund for the platform operator. Susan has worked with clients to develop global databases that compile local spill laws, giving her a unique understanding of how jurisdictions respond. She has helped clients on multiple significant enforcement actions at the Environmental Protection Agency, the Department of Transportation, and state agencies.

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Michael Bahar Partner Washington DC T: +1 202 383 0882 [email protected]

Background

Michael Bahar is a litigation partner in the Washington DC office and is the co-lead of the global cybersecurity and data privacy practice. He was formerly Deputy Legal Advisor to the National Security Council at the White House, former Minority Staff Director and General Counsel for the US House Intelligence Committee, and former Active Duty Navy JAG. While with the House Intelligence Committee, he was lead drafter and negotiator for the Cybersecurity Act of 2015, the USA Freedom Act (which reformed certain key surveillance authorities) and four annual Intelligence Authorization Acts. More recently, he was a leader of the Committee’s investigation into the Russian hacking of the 2016 election. He provides risk-based, practical, and proactive cybersecurity and privacy advice to global corporations, particularly those in the energy sector, and he has successfully helped manage multiple data breaches, including for a global industrial conglomerate, a global healthcare company, financial services companies, and a fintech company.

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Paul F. Forshay Partner Washington DC T: +1 202 383 0708 [email protected]

Background

With more than 30 years of experience in the field of energy regulation, Paul Forshay advises clients on compliance with federal and state regulations and represents them in contested administrative proceedings before the Federal Energy Regulatory Commission (FERC) and state commissions. A member of Eversheds Sutherland (US)’s Energy Practice Group, Paul co-chairs the liquefied natural gas (LNG)/natural gas regulatory practice and his work focuses primarily on oil and natural gas pipeline matters, LNG projects, and electric/gas local distribution company rates and tariffs. Paul’s natural gas credentials include substantial experience in natural gas pipeline rate case litigation and complaint proceedings, and he regularly advises clients regarding compliance with FERC’s Natural Gas Act regulations and policies, including capacity-release requirements, affiliate transactions, and reporting obligations. Paul also advises clients regarding certificate matters for natural gas pipelines and LNG terminals, Natural Gas Policy Act Section 311 pipeline matters, gas transportation agreements, agreements, asset management agreements, open season procedures, tariff interpretation, pipeline construction and safety regulations, and import/export regulations. Paul’s oil pipeline experience includes representing both pipeline and shipper interests in FERC rate cases, as well as crafting protests and complaints under FERC’s Interstate Commerce Act regulations. Paul has led regulatory due diligence and compliance efforts concerning federal and state regulatory requirements applicable to the disposition of crude oil and liquids pipelines and to new pipeline construction. Paul also has counseled clients on a variety of jurisdictional and regulatory compliance matters, open season participation, and capacity access matters including capacity allocation and buy/sell transactions.

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Matt Gatewood Partner Washington DC T: +1 202 383 0122 [email protected]

Background

Matt Gatewood helps clients mitigate risk, solve problems, and manage crises as part of his cross-industry practice. Recently, Matt has helped clients navigate government investigations and large-scale litigation involving workplace operational failures and other crises. In connection with the UK health and safety team, Matt has led seminars on preparing for the first 48 hours of a crisis. A core member of the firm's representation of Transocean in the Gulf Oil Spill, Matt created safetylitigation.com to help companies analyze key developments in safety-related litigation and regulatory activity. Matt advises companies on best practices for risk management and process safety systems to prepare effectively for crises before they occur.

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David M. McCullough Partner New York T: +1 212 389 5064 [email protected]

Background

David McCullough counsels producers, refiners, commodity traders and distributors on the production, trade and movement of energy commodities, particularly crude oil, petroleum products and renewable fuels. David advises on most regulations governing the production and movement of these commodities, but he has a particular focus on the Renewable Fuel Standard (RFS), renewable identification number (RIN) trading, state low carbon fuel standards (LCFS), the Environmental Protection Agency’s (EPA) mobile source regulatory program, the Jones Act, import and export controls, and shipment by rail and truck. His extensive practice extends from regulatory counseling to enforcement proceedings and from policy analysis to commercial disputes.

David works with clients on responding to inquiries and in enforcement actions brought by government agencies, including EPA, Customs and Border Protection, and Department of Transportation (DOT). He has helped to resolve some of the most significant enforcement actions brought under the EPA’s mobile source program over the past decade.

David has a deep understanding of the petroleum market and the regulatory and market forces that impact the sale of gasoline and diesel fuel. He has been at the forefront of representing companies in the implementation and enforcement of the RFS and state low carbon fuel standards. He represented more than 20 companies in RIN enforcement proceedings that led to the implementation of the EPA’s Interim Enforcement Policies and Quality Assurance Program. He is the author of many frequently used provisions in RIN transactions and assisted in the drafting of LEAP’s Master Agreement for LCFS credits. David also co-authored the white paper for the Bipartisan Policy Center entitled “Options for Reforming the Renewable Fuel Standard.” He is a frequent speaker and is quoted extensively in the press on RFS and LCFS issues.

David is on the cutting edge of other key issues currently impacting the movement of crude oil, petroleum products and renewable fuel. David served on the team that facilitated the development of the segregation criteria for the export of Canadian crude oil as well as processed condensate. He is a member of the Eversheds Sutherland (US) team that obtained the classification, and advocated self-classification, for the export of processed condensate. David also participated in the Columbia Center for Global Energy Policy’s Crude Oil Export Roundtable.

David frequently counsels clients on Jones Act issues and exemptions, and he worked to secure several of the recent waivers of the Jones Act (during Hurricanes Harvey and Irma in 2017 and Sandy in 2012). David also counsels clients on shipping by rail, including attendant liability in the event of an accident. He has represented shippers in response to some of the largest accidents involving crude oil shipped by rail.

Lastly, David has also developed experience in representing clients in commercial agreements and disputes involving the purchase and sale of petroleum products and renewable fuel. He brings his regulatory expertise to bear in helping clients develop commercial terms for storing, shipping, purchasing and blending product and has successfully resolved several commercial disputes when the matters turn contentious.

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Lino Mendiola III Partner Austin T: +1 512 721 2720 [email protected]

Background

Lino Mendiola advises clients on both litigation and transactional matters involving energy and regulatory law with a focus on the electric energy market. With more than 23 years of commercial and regulatory litigation experience, Lino represents utilities and other clients in state and federal court and before the Public Utility Commission of Texas and other state agencies. He advises on the regulatory aspects of complex energy transactions including infrastructure development, asset sales, and joint ownership arrangements. Lino regularly provides strategic and regulatory advice on power purchase agreements, generation interconnect agreements, emergency response, cybersecurity, and a variety of other matters facing electric utilities, electric generators, and energy companies.

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Meghana D. Shah Partner New York T: +1 212 389 5077 [email protected]

Background

Meghana Shah is a partner resident in the New York City office of Eversheds Sutherland. Meghana is a dynamic, creative and solution-focused lawyer with over 10 years of experience managing all aspects of domestic and international litigation and investigations. Clients appreciate her attention to detail, ability to meaningfully synthesize information, and case management skills, particularly with respect to managing cases across jurisdictions and globally. Meghana has significant experience handling and managing class action and large-scale multi-district litigation here at home and managing multi-lingual, international investigations around the world. Her industry experience spans multiple areas including: class action and multidistrict litigation in the environmental, toxic tort, food and beverage and energy space, as well as investigations in the insurance and financial services space.

Outside of her practice, community service, civic engagement and pro bono work are an important part of her professional life. She has represented political asylees seeking asylum in the United States throughout her career. She also serves on the board of SAPNA NYC, a nonprofit organization that serves the South Asian immigrant community in New York City with scientifically-backed evidence-based programming.

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Ronald W. Zdrojeski Partner, Co-Head of Global Litigation New York T: +1 212 389 5076 [email protected]

Background

With nearly three decades of trial experience, Ronald Zdrojeski is co-head of the Eversheds Sutherland (US) global litigation group. His practice focuses on counseling and defending businesses in complex commercial litigation, including market manipulation, fraud and other white collar matters. Ron has litigated in 48 of the country’s 50 states, defending Fortune 500 companies, insurers and corporate officers in criminal and civil investigations, including class action, toxic tort, trade secret, , environmental and maritime litigation.

Additionally, Ron conducts internal investigations on behalf of clients, which often involves assessing potential regulatory violations and criminal activities. Ron has also represented companies in a range of industries, from insurance to technology, in the defense of non-competition agreement provisions and related claims in at least 10 states. Prior to joining the firm, Ron was a partner at Dewey & LeBoeuf. From 1983 to 1985, he was an assistant district attorney in the Kings County District Attorney’s Office in Brooklyn.

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Steven L. Roberts Of Counsel Houston T: +1 713 470 6192 [email protected]

Background

Steve Roberts has 38-plus years in courtrooms litigating environmental, energy, commercial, international insurance, maritime and professional services matters. Recognized nationally for his litigation, insurance and maritime knowledge, Steve tries cases in state and federal courts at both the trial and appellate levels. Steve concentrates much of his practice on complex legal issues surrounding offshore drilling rigs, platforms and vessels of all types. Most recently, he was the lead attorney of the representation of the drilling contractor involved in the BP Macondo Oil Spill litigation.

Steve represents both plaintiffs and defendants in commercial lawsuits, including shareholder disputes, breach of contract, fraud, qui tam and intellectual property controversies. His experience also includes matters involving offshore oil and gas deferred and lost production, downhole blowouts and other energy sector casualty claims, congressional and administrative regulatory matters.

Before receiving his undergraduate degree, Steve served as a communications specialist in the U.S. Navy Submarine Service. After completing active duty, he served in the Reserves until 1977. While in college, Steve was a correctional officer for the Texas Department of .

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Joshua L. Belcher Counsel Houston T: +1 713 470 6118 [email protected]

Background

Joshua Belcher has a national, multidisciplinary practice counseling clients in the utility, power, and pipelines sectors. He guides clients through mergers and acquisitions, financings, project development, and energy commodities transactions, with a focus on helping companies identify and manage complex environmental business risks in the context of the transaction and ongoing operational compliance. Joshua also provides environmental compliance and enforcement advice in connection with spill and incident response, including state and federal reporting obligations associated with discharges of regulated substances.

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Sarah Q. Chaudhry Associate New York T: +1 212 389 5071 [email protected]

Background

Sarah Chaudhry counsels on a variety of commercial litigation matters with an emphasis on financial services, internal and governmental investigations, and securities litigation. Her practice contains cross-border components and includes class actions. While at Columbia , Sarah’s efforts in a federal habeas corpus case helped secure the release and exoneration of her client. Prior to joining Eversheds Sutherland (US), Sarah was a litigation associate at a law firm in Connecticut. Sarah also participated in Eversheds Sutherland (US)’s 2012 Summer Associate Program.

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Melissa L. Fox Associate Atlanta T: +1 404 853 8109 [email protected]

Background

Melissa Fox counsels clients on a variety of business and commercial litigation matters, including financial services, labor and employment, securities litigation and enforcement, and professional liability. Melissa’s experience includes defending class action lawsuits, advising on regulatory matters and compliance issues, conducting internal investigations, and representing clients in a variety of proceedings in state and local courts.

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John E. Sharpe Associate Atlanta T: +1 404 853 8083 [email protected]

Background

John Sharpe focuses on an array of business and commercial litigation matters, including insurance, financial services, securities litigation and enforcement, and construction matters. His work also includes advising clients on managing the effects of internal investigations. Prior to joining Eversheds Sutherland (US), John was a law clerk for the Honorable Eleanor L. Ross of the US District Court for the Northern District of Georgia. His previous experience includes serving as a legal extern for Chief Justice Hugh Thompson of the Georgia Supreme Court and working in the Georgia .

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© Eversheds Sutherland 2019. All rights reserved. Eversheds Sutherland (International) LLP and Eversheds Sutherland (US) LLP are part of a global legal practice, operating through various separate and distinct legal entities, under Eversheds Sutherland. For a full description of the structure and a list of offices, please visit eversheds-sutherland.com. 050919

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