Faculty Roster & Bios
15th Annual Energy Litigation Conference
November 3, 2016 Houston, TX
Presented by Institute for Energy Law of The Center for American and International Law 15TH ANNUAL ENERGY LITIGATION CONFERENCE November 3, 2016 | Houston, Texas
Presented by Institute for Energy Law of The Center for American and International Law
FACULTY ROSTER
CONFERENCE CO-CHAIRS Jack Balagia Reid Gettys 3728 Normandy Avenue Exxon Mobil Corporation Dallas, TX 75205 800 Bell Street Email: [email protected] Suite 1503H Houston, TX 77002 Phone: (713) 656-6282 Email: reid.g.gettys@exxonmobil.com
JoAnn Lee Stan Perry Exxon Mobil Corporation Reed Smith LLP 800 Bell Street 811 Main Street Suite 1503B Suite 1700 Houston, TX 77002 Houston, TX 77002 Phone: (832) 624-6305 Phone: (713) 469-3800 Email: [email protected] Email: [email protected]
LIFETIME ACHIEVEMENT IN ENERGY LITIGATION AWARD RECIPIENT
Daniel M. McClure Norton Rose Fulbright US LLP 1301 McKinney Suite 5100 Houston, TX 77010 Phone: (713) 651-5498 Email: [email protected]
SPEAKERS Phillip D. Barber Jonathan Baughman Phillip D. Barber, P.C. McGinnis Lochridge & Kilgore LLP 1675 Larimer 711 Louisiana Street Suite 620 Suite 1600 Denver, CO 80202 Houston, TX 77002 Phone: (303) 894-0880 Phone: (713) 615-8540 Email: [email protected] Email: [email protected]
Mark D. Christiansen Bernard "Buddy" F. Clark, Jr. McAfee & Taft Haynes and Boone, LLP 211 N. Robinson 1221 McKinney Street 10th Floor Suite 2100 Oklahoma City, OK 73102 Houston, TX 77010 Phone: (405) 552-2235 Phone: (713) 547-2077 Email: [email protected] Email: [email protected]
Stephen C. Dillard Hon. S. Maurice Hicks, Jr. Norton Rose Fulbright US LLP United States District Judge for the Western Fulbright Tower District of Louisiana 1301 McKinney, Suite 5100 300 Fannin Street Houston, TX 77010 Suite 5101 Phone: (713) 651-5507 Shreveport, LA 71101 Email: [email protected] Phone: (318) 676-3055
Lamont Jefferson Matt Jones Jefferson Cano Liskow & Lewis 112 E. Pecan Street P.O. Box 52008 Suite 1650 Lafayette, LA 70505 San Antonio, TX 78205 Phone: (337) 232-7424 Phone: (210) 988-1811 Email: [email protected] Email: [email protected]
Michael J. Mazzone Marsha L. Montgomery Haynes and Boone, LLP BP America Inc. 1221 McKinney Street 501 Westlake Park Blvd. Suite 2100 Houston, TX 77079 Houston, TX 77010 Phone: (281) 366-2879 Phone: (713) 547-2115 Email: marsha.montgomery@bp.com Email: [email protected]
Thomas Neal Nobles Hon. Donna S. Rayes Exxon Mobil Corporation 81st District Court P.O. Box 2180 #1 Courthouse Circle Drive Houston, TX 77252 Suite 206 Phone: (713) 291-8937 Jourdanton, TX 78026 Email: [email protected] Phone: (830) 769-2841
Laura M. Robertson Jennifer A. Smokelin ConocoPhillips Company Reed Smith LLP 600 N. Dairy Ashford, ML 1056 Reed Smith Center Houston, TX 77079-1175 225 Fifth Avenue Phone: (281) 293-1895 Pittsburgh, PA 15222 Email: laura.m.robertson@conocophillips.com Phone: (412) 288-3016 Email: [email protected]
Robert L. Theriot Hon. Mark Whittington Liskow & Lewis JAMS 1001 Fannin Street 8401 N. Central Expressway Suite 1800 Dallas, TX 75225 Houston, TX 77002 Phone: (214) 280-8769 Phone: (713) 651-2957 Email: [email protected]
Danny G. Worrell Katten Muchin Rosenman LLP 111 Congress Avenue Suite 1000 Austin, TX 78701 Phone: (512) 691-4012 Email: [email protected]
S. Jack Balagia Vice President and General Counsel Exxon Mobil Corporation
Jack Balagia graduated from The University of Texas at Austin (B.A., 1973 and J.D., 1976) and served as law clerk to U.S. District Judge W.M. Taylor Jr. in Dallas, Texas. He joined the Austin firm of McGinnis, Lochridge and Kilgore in 1977, where his practice included energy litigation and appeals, oil and gas regulatory work and media law. He joined Exxon’s Litigation section in 1998 and was named Assistant General Counsel for Litigation in 2004. He was elected to his current position effective March 1, 2010.
Mr. Balagia serves on the Board of Directors of the Institute for Legal Reform of the U.S. Chamber of Commerce and is co-chair of the Civil Justice Reform Group. He is a member of the Board of Overseers for the RAND Institute for Civil Justice, the Board of Trustees of the Center for American and International Law, and the Board of Directors of the National Center for State Courts.
He has served in a number of capacities with committees of the State Bar of Texas, including several years as Chairman of the Bar’s Public Affairs Committee. In 2000, the Texas Supreme Court appointed him to the Court’s Board of Disciplinary Appeals, which has jurisdiction over Texas lawyer disciplinary matters, and he served as Chairman from 2003-05. He served on the Board and as Vice Chair of the Houston Bar Foundation, which oversees financial support for Houston Bar pro bono activities. He has been listed in The Best Lawyers in America and has been named a Texas Super Lawyer by Texas Monthly magazine.
Mr. Balagia currently serves as vice chair of the UT Law School Foundation Board of Trustees and is a Past President of the Law School Alumni Association Executive Committee. He received the Law School’s Outstanding Alumnus Award in 2014. He has also served in various leadership positions for ExxonMobil’s Gulf Coast and North Texas Employee Charitable Giving campaigns, and he currently serves on the Salvation Army Dallas-Ft. Worth Advisory Board.
Phillip D. Barber Phillip D. Barber, P.C.
Phil Barber was born in Wyoming and grew up in Colorado. He graduated from the Pueblo public schools, from Dartmouth College in 1975 (magna cum laude, with distinction), and received his J.D. from the University of Colorado School of Law in 1979. His practice has focused on oil and gas law and natural resources and commercial litigation. He represents a variety of clients in the oil and gas industry, including exploration and production companies, parties who own surface, mineral or overriding royalty interests, and municipalities along Colorado's Front Range. He is the editor/author of “Oil & Gas Practice in Colorado” for the Colorado Methods of Practice, and is a contributing author to the Federal Law of Oil and Gas Leasing. He speaks annually at the Short Course on Oil and Gas Law. You may contact him at [email protected].
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Jonathan D. Baughman McGinnis Lochridge & Kilgore LLP
Jonathan D. Baughman is a partner in the Houston office of McGinnis Lochridge. He is licensed to practice law in Texas and Louisiana and received his B.S. degree from Louisiana Tech University, magna cum laude, and his J.D., magna cum laude, from Loyola Law School where he was the managing editor of the Loyola Law Review. Prior to practicing law, Mr. Baughman worked as a certified public accountant in the energy section for a major international public accounting firm and later as an internal auditor for a major natural gas pipeline company.
Mr. Baughman chairs his firm’s oil and gas practice group and represents clients in a wide variety of oil and gas litigation in federal and state courts. Mr. Baughman is AV (highest) rated by Martindale Hubbell and has been recognized as a Super Lawyer by Texas Monthly. Mr. Baughman has litigated disputes involving joint operating agreements, gas processing agreements, leases and other agreements. He has litigated many oil and gas issues related to title, lease covenants, implied and express covenants to pool, royalty payments, COPAS, natural gas trading, reservoir damage, well blowouts, and misappropriation of seismic data. Mr. Baughman has written articles and spoken on numerous oil and gas issues before the American Association of Professional Landmen, the Rocky Mountain Mineral Law Foundation, and the Louisiana Mineral Law Institute as well as other organizations. Mr. Baughman previously served as the Chair of the Oil & Gas Section of the Houston Bar Association. He is also a member of the Rocky Mountain Mineral Law Foundation and most recently served as a Trustee at Large for the Foundation. Mr. Baughman was also appointed as one of twenty-five distinguished Advisory Board Members for the Louisiana Mineral Law Institute. Mr. Baughman also serves as one of nine council members of the Oil, Gas and Energy Resources Law Section for the State Bar of Texas.
Mark D. Christiansen McAfee & Taft
Mark Christiansen is Co-Leader of the Energy and Oil & Gas Practice Group in the law firm of McAfee & Taft, and works from the firm’s Oklahoma City office. His practice involves the representation of oil and gas producers, purchasers and other sectors of the energy industry primarily in litigation matters.
For the past 2 years, Mark has served as one of 14 members of the national Advisory Board for Energy Law 360. He serves on the Board of Trustees, and on the Executive Committee, for the Dallas-based Center for American and International Law. Mark also served in 2011 - 2013 as an Officer and on the Board of Trustees for the Denver-based Rocky Mountain Mineral Law Foundation.
Since 1997, he has been listed in Best Lawyers in America under the practice areas of Natural Resources and Energy Law. Since the inaugural listings of Oklahoma lawyers in these two publications, Mark has been listed in Oklahoma Super Lawyers on the list of the Top 50 lawyers in the State of Oklahoma and on the list of top attorneys in the area of Energy and Natural Resources Law, and in the Chambers USA Directory's listing of leading Oklahoma attorneys in the area of Energy and Natural Resources Law.
Mark served as the Chair of the Energy and Natural Resources Litigation Committee of the ABA Section of Environment, Energy, and Resources (SEER) from 2001–2003. Since 1985, he has served as lead editor and co-author of annual energy litigation updates in the United States for the Year in Review publication of ABA SEER, and is lead editor for a similar annual energy litigation update published by the Rocky Mountain Mineral Law Foundation Journal.
Some of Mark’s other publications include: Co-Author (with Prof. David Pierce), “When the Horizontal and Vertical Collide: Frac Hits and Operator Quest for Détente,” 61 Rocky Mountain Mineral Law Institute 12 (2015); Author of Chapter titled "Oil and Gas Royalty Class Action Lawsuits," in the ABA Tort Trial & Insurance Practice Section's Book titled A Practitioner's Guide to Class Actions (2010 – 2016); Author, "The Top Ten Recent Court Decisions Challenging the Oil and Gas Industry," 58 Oil & Gas Instit. Chapt. 4, at 87 (2007); Co-Author, "A Different 'Slant' on JOAs," 57 Rocky Mountain Mineral Law Institute 25 (2012); "Class Actions Pushed to the Extreme--Will Class Action Plaintiff Lawyers Be Permitted to Re-Zone Our Courts for Tract Housing?” 24 Journal of Land, Resources and Environmental Law 77 (2004); “A Landman’s Guide to Drafting Provisions for the Allocation of Gas Marketing-Related Costs Under the Oil and Gas Lease,” 45 Rocky Mountain Mineral Law Institute 21 (1999). 40 Rocky Mountain Mineral Law Institute 16 (1994); and Co-Author, “COPAS for Landmen and Lawyers,” 48 Rocky Mountain Mineral Law Institute (2002).
THE HAYNES AND BOONE TEAM
ARS Bernard "Buddy" F. Clark, Jr. Partner [email protected]
Houston 1221 McKinney Street T +1 713.547.2077
Suite 2100 F +1 713.236.5577 Houston, Texas 77010
Buddy Clark chairs the firm’s Energy Practice Group representing Practices and Industries clients in the oil and gas industry, including banks, private capital • Energy, Power and Natural providers and producers in secured and unsecured credit Resources transactions and equity investments; producers, joint venturers and • Energy Finance midstream companies in oil and gas exploration, production and • Oil and Gas development agreements, and producing property and midstream acquisitions, joint developments and partnerships; and energy related Education and Clerkships litigation and bankruptcies. In June 2016, Buddy published “Oil • J.D., University of Texas at Austin School of Law, 1982 Capital: The History of American Oil, Wildcatters, Independents and ,” which traces the relationship between independent • B.A., University of Texas at Austin, Their Bankers 1978 producers and their capital providers in America’s oil and gas industry. Buddy is a frequent speaker at oil and gas conferences and Bar Admissions is often cited as an authority on current issues facing the oil and gas • Texas industry in trade publications and financial journals.
Selected Client Representations
• Energy lenders in senior and mezzanine syndicated, club and sole bank facilities ($10 million to $3 billion) in connection with secured reserve based oil and gas production loans, including preparation and negotiation of credit facilities, mortgages and related loan documents • Representation of capital providers and management teams for exploration and production companies • General legal advice to oil and gas companies on various transactional matters including multi-state producing property acquisitions, reserved based and production payment financings, dispute resolution and operating matters • Acquisitions of producing properties in Texas, Louisiana, Mississippi, Montana, North Dakota, New Mexico, Oklahoma, Alabama, Kansas, Pennsylvania, West Virginia and Gulf of Mexico • Workouts and debt restructurings on behalf of energy lenders and borrowers in multi-state secured oil and gas production
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THE HAYNES AND BOONE TEAM
loans and bankruptcy related oil and gas producing property acquisitions
Professional Recognition
• Named as a "world’s leading practitioner in the field" in the Energy and Natural Resources Expert Guide, Legal Media Group, 2016 • Selected for inclusion in Houston Business Journal's list of Who's Who in Energy, American City Business Journals, 2015 • Recognized in The Best Lawyers in America, Woodward/White, Inc., in Project Finance Law, 2008-2016; Natural Resources Law, 2006-2016; Energy Law, 2012-2016; and Oil & Gas Law, 2016 • Recognized in Euromoney's Guide to the World's Leading Energy and Natural Resources Lawyers, Euromoney Institutional Investor PLC, 2015 • Selected for inclusion in Texas Super Lawyers, Thomson Reuters, in Energy & Natural Resources, 2009-2015; Banking, Securities & Corporate Finance, 2013-2015 • Recognized by Martindale Hubbell® Law Directory with a Peer Review Rating of AV® Preeminent
Professional and Community Activities
• State Bar of Texas (Member, Natural Resources and Banking Law Sections) • Houston Energy Finance Group (Chairman, Board of Directors) • Fellow Houston and Texas Bar Foundations • Independent Producers Association of America, Capital Markets Committee
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Stephen C. Dillard Norton Rose Fulbright US LLP
Steve Dillard is a partner in the Houston office of Norton Rose Fulbright US LLP where he has practiced trial work since joining the Firm upon graduation from Baylor Law School. He formerly served as the Chair of Global Litigation for the Firm.
Mr. Dillard has represented the energy, construction and medical industries through much of his career. With a broad range of experience in complex commercial litigation, he has devoted a large portion of his practice to the defense of environmental litigation, groundwater contamination cases, chemical exposure, toxic and mass tort cases, including class actions. Steve’s practice also focuses on the defense of claims arising from commercial operations, hydraulic fracturing, natural resource damages (NRD), E&P activities, landfills, pipelines, Superfund and hazardous waste sites and underground storage tanks. He has tried to verdict over 125 cases in both state and federal courts.
He has been invited to membership as a Fellow of the American College of Trial Lawyers, the International Academy of Trial Lawyers, and an Advocate of the American Board of Trial Advocates.
Mr. Dillard has been recognized by Chambers USA, Best Lawyers, Legal500 and Benchmark Litigation. In 2015 he was named a Client Service All-Star by BTI Consulting Group Inc., a client-driven honor awarded to only 354 lawyers in the United States for 2015.
S Dillard Bio Reid G. Gettys Exxon Mobil Corporation
Graduated from University of Houston Law Center in 1993 with Honors
Private practice with litigation firm of Hays, McConn, Rice & Pickering
Joined Exxon Mobil Corporation in 2000
Practice groups include: Torts, Upstream Commercial, Upstream Environmental, Downstream Commercial, Downstream Environmental, Employment, Toxic Tort, NORM, Product Liability Currently; Litigation Coordinator - Product Liability & Specialty Environmental, NORM and Employment
The Honorable S. Maurice Hicks, Jr. United States District Judge for the Western District of Louisiana
Judge Hicks was inducted as a U. S. District Judge for the Western District of Louisiana in 2003.
Prior to his appointment to the bench by President George W. Bush, Judge Hicks was senior member in the firm of Hicks, Hubley & Marcotte. He is a Judge/Master member of the Harry V. Booth and Judge Henry A. Politz Chapter of the American Inns of Court. He currently serves as the Director of Accommodations of the Supreme Court Committee on Bar Admissions (“COBA”). He has previously served COBA as Chairperson, the Director of Testing, and as the Examiner for Federal Jurisdiction and Procedure. He has also served as a member of the Louisiana Law Institute. Judge Hicks has served as presiding judge and panel member on five occasions at the National Advocacy Center in Columbia, South Carolina. He is the President of the District Judges Association of the U. S. 5th Circuit, and serves on the Financial Disclosure Committee of the Judicial Conference of the United States.
ARS Lamont A. Jefferson Member [email protected]
112 East Pecan Street, Suite 1650 T 210.988.1811 San Antonio, Texas 78205 F 210.988.1811
Lamont Jefferson is an accomplished trial lawyer, representing clients who can afford to leave nothing to chance. Whether the stakes involve Areas of Practice corporate treasure, trade secrets, or business reputation, companies and Litigation/Trial Practice individuals turn to Lamont to help resolve the thorniest business-related disputes. He has been go-to counsel on some of the most important Education cases in San Antonio and South Texas, including litigation over the multi- J.D., University of Texas at billion dollar expansion of the South Texas Nuclear Project, litigation over Austin School of Law, the $26 billion Clear Channel merger, and the recent much publicized 1984 litigation involving the Church of Scientology. B.A., Rice University, 1981 Resolving business disputes sometimes requires full-fledged litigation, at Bar Admissions other times skilled diplomacy, and sometimes simply honest Texas communication. Lamont’s talents as a seasoned litigator, skilled negotiator, and astute legal analyst make him the right lawyer for a large Court Admissions variety of business disputes. United States Supreme Court Lamont is a member of the American College of Trial Lawyers, an U.S. District Court for the honorary trial lawyer organization whose membership is limited to no Western District of Texas more than 1% of the lawyers in any state. He is a member of the American U.S. District Court for the Board of Trial Advocates and most recently served as president of the Southern District of Texas San Antonio Chapter. Lamont regularly speaks on topics of interest to U.S. District Court for the lawyers and judges, from trial strategy and tactics, to rules of civil Northern District of Texas procedure, to professionalism.
Lamont is active in the San Antonio community and currently serves as vice president of the board of directors for the Valero Alamo Bowl. He is on board of directors of the Down Syndrome Association of South Texas, and serves in the Founders Club for the Tobin Center for the Performing Arts, and as a board member of the San Antonio Chamber Choir. Lamont's recent accomplishments include: Inducted into the American College of Trial Lawyers in 2004 - an invitation only organization limited to no more than 1% of the total lawyer population of any State. Representation of a large transitional home in land use dispute with surrounding property owners with millions of dollars at stake. 2012 successful jury verdict in federal court in San Antonio involving breach of contract for delivering faulty industrial equipment. 2012 jury trial in federal court involving international dispute between arms brokers.
2010 non-jury trial involving the multi-billion dollar expansion of the South Texas Nuclear Project – case tried within 6 weeks of initial filing. 2009 lead counsel for cross examination of financial advisers and hedge fund managers in bench trial involving the Spectrum bankruptcy. Trial and settlement of insurance coverage litigation on behalf of publicly traded corporation - total recovery of more than $17 million. Successful jury verdict in San Antonio in case involving contract interpretation with millions of dollars in dispute. Representation of beneficiary of trust valued at greater than $100 million pursuing allegations of mismanagement and breach of fiduciary duties.
Representative Publications and Speaking Engagements
Presenter: ABOTA Masters in Trial seminars series (2009, 2011, 2012). Presenter: "Closing Arguments and Post-Trial Motions" – State Bar of Texas CLE (2012). Speaker: Panel Presentation on Professionalism and Ethics: "The Texas Lawyers Creed: 22 Years After Its Inception" State Bar of Texas CLE: Business Torts Institute, October 2011. Presenter: "Business Disparagement And The Internet: Libel And Slander, Injury To The Brand," State Bar of Texas - Business Torts, (2010). Presenter: "Evolving Issues Regarding Nonparty Electronic Discovery And The Internet," State Bar of Texas - Advanced Civil Trial Course (2009). "The Image and Role of a Lawyer" The University of Texas School of Law (2007). Presenter: "Lawyer to Lawyer: Things We Know (But are well to be reminded)" State Bar of Texas Litigation Section Professional Responsibility Program (2007). "Where the Buck Stops: Defending the Corporate Representative Deposition" - Texas Bar CLE (2007). Presenter: American Board of Trial Advocates, Masters in Trial Seminar (2007). Course Director and Moderator, "Brown v. Board of Education: Half Century Later…Are We Half Way There," State Bar of Texas Annual Meeting (2004). "Strategic Discovery, Chapter 4," State Bar of Texas (2002).
"Managing a Serious Personal Injury Incident on a Construction Project," State Bar of Texas - Construction Law Conference (2002). "Damages Update" State Bar of Texas Litigation Update Institute (2000). "Cross Examination - Lighten Up," Advanced Civil Trial Course (1999). "Fiduciary Duties of Officers and Directors," University of Houston (1999). "Making it Stick - Enforcing Jury Waiver Choice of Law/Choice of Venue Agreements," ABA Real Estate Section (1998). "Caveat Spoliatorem," Spoliation of Evidence State - Bar of Texas (1998).
Honors and Awards
Named by Best Lawyers, Woodward/White, Inc., as a "2016 Lawyer of the Year" in Bet-the-Company Litigation, 2016 Named by Best Lawyers as a "2014 Lawyer of the Year" in Appellate Practice, Bet-the-Company Litigation, Commercial Litigation, and Litigation - Trusts and Estates Named one of The Best Lawyers in America in Commercial Litigation, Appellate Law and Bet-the-Company Litigation, 2003- 2015, Commercial Litigation and Litigation - Trusts & Estates, 2012-2015 Named an Outstanding Lawyer in Commercial Law by the San Antonio Business Journal, 2010 Named a Texas Super Lawyer by Law and Politics and Texas Monthly - Business Litigation, 2003-2014, a Top 100 Texas Super Lawyer - Business Litigation, 2010, and a Top 50 Central Texas Super Lawyer, 2005-2014 Ethical Life Award from Association of Corporate Counsel, South/Central Texas Chapter, 2010 Martindale Hubbell® Law Directory with a Peer Review Rating of AV® Preeminent™
Memberships
Sunset Advisory Commission, Public Member (2009-2011) University of Texas Law School Alumni Association - Executive Committee (2010-2013) American Bar Association Section of Litigation - Member, and past Co-Chair of Commercial and Business Litigation Committee American College of Trial Lawyers Fellow (inducted in 2004)
American Law Institute Member (2004) Texas RioGrande Legal Aid (TRLA) - Former Member, Board of Directors (President 2004, 2005) American Board of Trial Advocates - Vice President for the local chapter (2013) Texas Association of Defense Counsel - Former Area Vice President American Inns of Court - Master, Local President (2008-2009) Texas Access to Justice Foundation - Board Member (2007 to present) State Bar of Texas - Member, Board of Directors (2007-2010), State Bar's Court Task Force on Expedited Litigation Texas Supreme Court Rules Advisory Committee - Member (2002 to present) State Bar of Texas Task Force on Diversity - Member (2006) Texas Bar Foundation - Sustaining Life Fellow Texas Bar Foundation - Former Member, Board of Trustees San Antonio Bar Association - Member, Former Member Board of Directors, and District Courts and Federal Courts Committee (President 2006-2007) Texas Supreme Court Advisory Committee - Member Valero Alamo Bowl - Member, Board of Directors Down Syndrome Association of South Texas - Member, Board of Directors
Matt Jones Liskow & Lewis
Matt has represented the oil and gas industry, and companies related to it, for more than twenty years and in many states. He is the son of a wireline operator and the grandson of a driller, and he grew up within sight of gas flares. He remains fascinated by the challenges his clients face. Matt graduated from Louisiana State University, where he was editor-in-chief of the law review, and he did a clerkship with the United States Court of Appeals for the Fifth Circuit before entering private practice. His industry experience includes every phase of exploration and production, from bonuses to blowouts, from mobilization to marketing, from paleo to pipelines, and from seismic to shut-in. He has focused his efforts on complex cases, particularly on communicating the world of oil and gas to lay decision makers in compelling ways. In terms of shale plays, he has litigated matters in the Marcellus, the Utica, the New Albany, the Haynesville, the Barnett, the Eagle Ford, and the Tuscaloosa Marine, among others. Most recently, he defeated a powerful and politically connected landowner in a legacy lawsuit, with the jury giving him a zero verdict. He also led the fight against heated local opposition when a local government tried to block hydraulic fracturing through zoning laws, and he prevailed at every stage. He is licensed in both Louisiana (1989) and Texas (1990).
JoAnn Lee Exxon Mobil Corporation
JoAnn Lee, Assistant General Counsel for Exxon Mobil Corporation, is a member of the Law Department Management Committee and leads the Global Litigation Group. Her responsibilities include management of a team of 100, oversight of the company’s extensive portfolio of global litigation and arbitration in a manner that protects the interests of the company and its shareholders. She is also charged with the recruitment, supervision, and development of the group’s in-house counsel and support staff as well as the selection and stewardship of outside law firms retained to represent the company in lawsuits and arbitrations throughout the world.
During her tenure with ExxonMobil, Ms. Lee has served in various management positions within the Law Department. These positions include Chief Attorney of the Commercial Group of Exxon Mobil Chemical Company, Chief Attorney, Labor, Employment and Special Services Group, Coordinator of the Employment and Tort Litigation teams. She began her ExxonMobil career as a trial attorney and was assigned to the Tort, Commercial, Environmental and Employment Litigation teams. Prior to her employment with ExxonMobil, Ms. Lee served as a Trial Attorney for Union Pacific Railroad Company and as a Chief Prosecutor in the Harris County District Attorney's Office.
Ms. Lee is a member of several organizations including the Executive Leadership Council, Chief Litigation Counsel Association, serves on the Advisory Board of Corporate Counsel Women of Color and the Texas Executive Women Corporate Advisory Board. She has also served on several State Bar of Texas committees including the Minority Corporate Counsel Steering Committee and Disciplinary and Grievance Committees. Ms. Lee has volunteered with several nonprofit organizations including Habitat for Humanity, Interfaith Ministries, SPCA, Big Brothers and Big Sisters and has served on the boards of organizations such as the Houston Area Women’s Center and Family Services of Greater Houston.
Ms. Lee received a Bachelor of Arts degree from the University of Texas at Arlington and a Juris Doctorate from the University of Texas School of Law.
THE HAYNES AND BOONE TEAM
ARS Michael J. Mazzone Partner [email protected]
Houston 1221 McKinney Street T +1 713.547.2115
Suite 2100 F +1 713.236.5662 Houston, Texas 77010
Michael J. Mazzone is an accomplished trial lawyer who has tried jury Practices and Industries cases against prominent trial lawyers in Texas, Louisiana and New • Litigation Mexico, and has handled cases pending in courts in North Dakota, • Energy Litigation Mississippi and Montana. Michael represents energy companies in • Oil and Gas Litigation environmental contamination, indemnity and toxic tort cases. He also • Environmental Litigation represents parties in construction litigation/arbitration as well as real • Real Estate and Construction estate disputes. Litigation Michael is Board Certified in Civil Trial Law by the Texas Board of • Hydraulic Fracturing Legal Specialization. • Midstream Ranked by Chambers USA, Chambers & Partners, as a leading Education and Clerkships lawyer in Environment Law in Texas (2015-2016), clients describe • J.D., Suffolk University Law School, Michael as “practical, knowledgeable and down-to-earth. He doesn't 1983 overreact, and he takes a very reasoned approach to everything…he • College of Arch. and Urban is the epitome of a good litigator; he doesn't depend on fireworks, he Planning, University of Michigan, 1978 just gets up and does a good job." • B.S., Business Administration, Michael has made presentations on trial advocacy, arbitration and University of South Carolina, 1977 litigation at oil and gas industry conferences, bar association Bar Admissions seminars, the Texas Environmental Superconference and the • Texas University of Texas Law School. • Louisiana As an arbitrator, Michael is a member of the American Arbitration • Massachusetts Association's National Panel of Construction Arbitrators where he is • North Dakota regularly called on to preside over numerous arbitration matters and Court Admissions has been a speaker at the AAA's National and Regional Panel • U.S. District Court for the Eastern Retreats, seminars providing training to AAA arbitrators. District of Texas For five years, Michael taught in the trial advocacy program at the • U.S. District Court for the Northern University of Houston Law School as an adjunct professor of law, and District of Texas he has served on the Editorial Board of the Houston Lawyer • U.S. District Court for the Southern District of Texas magazine, a publication of the Houston Bar Association. He oversees • U.S. District Court for the Western the Firm’s Volunteer Prosecutors Program in which lawyers in the District of Texas Firm try misdemeanor jury trials for the cities of Houston and Arlington. Recent Trials/Arbitrations
• Lisa Parr, et al.; County Civil Court at Law No 5, Dallas
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County, Texas. Represented at trial a gas exploration and production company in a lawsuit brought by a landowner and his family claiming personal injuries and property damages from gas well drilling and production activities; case was falsely promoted as the “first fracking trial” in the United States. • MMR International, U.S. District Court, Southern District of Texas: Represented at trial builder of power barges in a lawsuit brought by a subcontractor claiming breach of a contract to supply a labor force in Venezuela. • Hazel Savoie, 38th Judicial District Court, Cameron Parish, Louisiana: Represented at trial a major energy company in a "legacy" lawsuit brought by a landowner claiming property damages from an oil field pit. Also represented the company in the related “preponderance hearing”, the first preponderance hearing held in Louisiana under Act 312. • Jesco Operating, LP, 165th Judicial District Court, Harris County, Texas: Represented at trial energy company and pipeline owner in lawsuit by pipeline contractor claiming its business was destroyed by non-payment of invoices. At trial, plaintiff sought to recover the value of its business and other damages. • Gordon Westergren, 269th Judicial District Court, Harris County, Texas: Represented at trial the developer of the Port Crossing rail-served industrial park in a lawsuit by a plaintiff who claimed an ownership interest in the project. • Concepcion Acosta, 5th Judicial District, Lea County, New Mexico: Represented at trial a major energy company in lawsuit by approximately 200 plaintiffs who claimed that a tank battery/oil storage facility in their neighborhood caused personal injuries and property damages. At trial, plaintiffs sought over $54 million dollars for nine "trial plaintiffs." • Conroe Express Concrete, 410th Judicial District Court, Montgomery County, Texas: Represented at trial a national homebuilder in a breach of contract and warranty lawsuit against concrete supplier. Foundations of a number of homes built with the supplied concrete failed. • EDI Architecture, Inc., International Arbitration Association:
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Represented architectural firm in dispute with contractor over project in Luanda, Angola. • Darr Angell, U. S. District Court for the District of New Mexico: Represented at trial a major energy company in lawsuit by a landowner for environmental damages and injunctive relief. • Jeanie R. Carter, 214th Judicial District Court, Nueces County, Texas: Represented at trial a major energy company in lawsuit brought by approximately 40 families who claimed that a refinery waste disposal pit in their neighborhood caused personal injuries and property damages. Before trial, plaintiffs dropped their personal injury claims. At trial, plaintiffs sought in excess of $170 million dollars for six "trial plaintiff" families.
Professional Recognition
• Recognized by Chambers USA, Chambers & Partners, as a leading lawyer for Environment (Texas), 2015-2016 • Recognized in The Best Lawyers in America, Woodward/White, Inc., in Commercial Litigation, 2015-2016 • Recognized in Texas Super Lawyers, Thomson Reuters, for Civil Litigation Defense, 2009-2015; Environmental Litigation; Construction Litigation, 2015 • Martindale Hubbell® Law Directory with a Peer Review Rating of AV® Preeminent™
Professional and Community Activities
• American Arbitration Association • Louisiana State Bar Association • Houston Bar Association • State Bar of North Dakota • State Bar of Texas • Texas Oil & Gas Association
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Daniel M. McClure Norton Rose Fulbright US LLP 1301 McKinney, Suite 5100 Houston, Texas 77010 Phone 713-651-5159 [email protected]
Dan McClure, a partner in Norton Rose Fulbright’s Houston office, has an active trial practice in both state and federal courts involving a variety of civil litigation matters. He has represented energy clients in all segments of the oil and gas industry, including producers, gatherers, processors, pipelines, traders, refiners, and marketers. He has extensive first-chair jury trial and arbitration experience and is certified in Civil Trial Law by the Texas Board of Legal Specialization. He has concentrated his energy practice in complex commercial litigation, including class actions, multidistrict litigation, qui tam actions, business torts, contract disputes, antitrust, and government investigations. He has authored numerous articles related to oil and gas litigation, class actions, and complex litigation. He has handled oil and gas royalty cases in Texas, New Mexico, Pennsylvania, Oklahoma, Kansas, Colorado, North Dakota, and Louisiana. He is listed in Texas Super Lawyers, Best Lawyers in America, Chambers USA, and the Guide to the World’s Leading Energy Lawyers. Dan has twice been named to the BTI Client Service All Star Team, recognizing lawyers who deliver “the absolute best client service.” He has served as Co-Chair of his firm’s Energy Litigation Practice Group and Chair of his firm’s Class Action Practice Group. Dan received a B.A., with highest honors, from the University of Oklahoma in 1974 and a J.D., cum laude, from Harvard Law School in 1978. He joined Fulbright & Jaworski in the trial department in 1978 and became a partner in the firm in 1986.
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Marsha Montgomery Managing Counsel-Litigation BP America
Marsha Montgomery, Managing Counsel-Litigation, leads a team of attorneys who handle a wide variety of litigation for BP America and its affiliated companies including commercial, toxic tort, and personal injury cases. In addition, Marsha directly manages a docket of complex, high dollar/high risk litigation for the company. Over more than 25 years of practice, her cases have ranged from single plaintiff slip and falls to major commercial arbitrations to nationwide class actions and multi-district litigation. Marsha also serves on BP Legal’s External Counsel Management Committee.
A proud native Texan, Marsha spent the first few years of her professional life working as a producer and on-air talent for Houston Public Television before she headed north to attend Case Western Reserve Law School. She began her litigation practice with Squire, Sanders & Dempsey (now Squire Patton Boggs) in the firm’s Cleveland and Houston offices and then joined BP Legal in 2000.
Outside of work, Marsha loves riding her Harley-Davidson Softail Deluxe while singing “Born to be Wild.” Neal Nobles Exxon Mobil Corporation
After law school, Neal practiced mostly defense work with a major national firm for about 3 years. There, he was fortunate to have tried cases to juries, administrative law judges, and bench trials. He left to join several big firm expatriates at a trial boutique focusing on oil and gas upstream and midstream work representing plaintiffs and defendants. There, he represented everyone from small landowners to foreign national oil companies and some of the largest privately and publicly-held oil, gas, and mid-stream companies in the world, as counsel to both plaintiffs and defendants in rural and metropolitan courts.
For the past 6 years, he’s been attached to the upstream commercial and environmental litigation docket at ExxonMobil. From time to time, he manages cases and arbitrations for the ExxonMobil Chemical Company too. He takes a very active role in handling the litigation from start to finish. This role could include staffing the case, working with outside counsel, establishing strategy and tactics, working on the matter day-to-day, and attending mediations, trials, and appeals.
Stan Perry Partner [email protected]
Houston
T: +1 713 469 3847 F: +1 713 469 3899
Education Overview University of Virginia School Stan is one of the leading environmental litigation and toxic tort lawyers in the United States. of Law, 1990, J.D., Senior His reputation is built on his experience handling product liability, premise liability, class Editorial Board of The Journal actions, mass torts, and environmental lawsuits alleging toxic exposures resulting in of Law and Politics; Honor personal injury, property damage, and reputational damage. Stan is licensed in Texas and Counsel Illinois and he has handled lawsuits in those states and in numerous other states, including Baylor University, 1987, B.A., Louisiana, Arkansas, Oklahoma, California, Ohio, New Jersey, Pennsylvania, Arizona, and Dean's Distinguished Lists Missouri. Stan has worked across the gamut of energy-related industries, from alleged Professional Admissions / exposures during oil and gas exploration, to claims based on decades-old releases and Qualifications spills. Stan has particular experience with lawsuits involving products (crude oil, condensate, gasoline, aviation fuel, toluene, xylene, and a variety of solvents) that allegedly Texas contained harmful levels of benzene. Stan is the National Benzene Counsel for a global Illinois energy company. Court Admissions Stan is one of the leading benzene lawyers in the country, including handling cases of first U.S. District Court - Eastern impression. One such example is Stan’s experience in Raul Zendejas v. Shell Oil Co., District of Texas Maricopa County Superior Court, CV-2007-005399. At this trial, Stan and co-counsel successfully defended a gasoline manufacturer in a lawsuit claiming the 32-year-old U.S. District Court - Northern plaintiff’s leukemia was caused by his exposure to benzene in gasoline. District of Texas U.S. District Court - Southern Stan has extensive experience in applying the standards for the admissibility of expert District of Texas testimony in state and federal courts, including motions to challenge experts under Daubert, Frye, and other standards. U.S. District Court - Western District of Texas He was trial counsel in Burst v. Shell Oil Company, 2015 decision excluding plaintiff’s exposure assessment and general causation experts and granting summary judgment for defendants in a gasoline-acute myelogenous leukemia lawsuit in the United States District Court of Louisiana, Eastern Division (New Orleans). Burst was affirmed by the Fifth Circuit Court of Appeals on May 23, 2016. Stan has been named Texas Super Lawyer for environmental litigation for over the past 10 years (2005-2016) and has published over a dozen publications and speeches, covering topics as diverse as overcoming judicial bias to ethical witness preparation. Stan is partner in charge of the Houston office’s pro bono efforts and a member of the firm’s Pro Bono Committee. Stan is also a member of the Houston Advisory Committee for KIND (Kids in Need of Defense), a non-profit dedicated to providing legal counsel to minors fleeing violence and oppression in Central America. Honors & Awards Selected to the Texas Super Lawyers list (2005-2016) - Environmental Litigation Selected to Best Lawyers in America list (2013 - 2015) Publications "Formaldehyde - What you Don't Know May Hurt You," Adhesives & Sealants Industry Magazine, 3 August 2011
"An Analysis of the Federal Disease Clusters Act: Pros, Cons, and Legal Implications," Toxics Law Reporter, BNA Insight, 23 June 2011 Co-Author(s): Teshia Judkins "Ethical Witness Preparation: Stepping Back from the Line for the Lecture," The Houston Lawyer, July - August 2010 "Overcoming Judicial Bias," American Bar Association, Litigation, Vol. 35, No. 4, Summer 2009 Speaking Engagements 3 November 2016 IEL 15th Annual Energy Litigation Conference 2 June 2016 HarrisMartin's National Benzene Litigation Conference, Las Vegas, Nevada 1 May 2015 HarrisMartin's DNA and Molecular Evidence in Toxic Torts Conference: The Time of Genomics Is Here, Charleston, South Carolina "Juror Perceptions of the Use of Genomics" 19-20 September 2013 HarrisMartin's National Benzene Litigation Conference, Chicago, Illinois "The Most Active Jurisdictions - California, Louisiana, Madison County, Philadelphia & Texas" 4 December 2012 Harris-Martin Emerging Toxins Seminar "Overview of Gasoline Litigation" 24 May 2010 HarrisMartin Benzene Litigation Conference, Las Vegas, Nevada "General Causation: Benzene and Multiple Myeloma" Employment History 2013 - Reed Smith 2003 - Haynes and Boone LLP 1996 - Abrams, Scott & Bickley, LLP 1993 - MehaffyWeber P.C. 1990 - Bracewell LLP Clerkships Honorable E. Gerald Tremblay, Circuit Court - Albemarle County, Virginia Professional Affiliations Chair State Bar of Texas, Standing Committee, Lawyers' Assistance Program (TLAP), member of TLAP since 2013 Co-Chair, Energy Litigation Conference, The Center for American and International Law (2016) State Bar of Texas, Litigation Section American Bar Association, Litigation Section Defense Research Institute, Toxic Tort & Environmental Committee Houston Bar Association, Litigation Section Civic Involvement Jefferson Award for Public Service, 2014 Kids In Need of Defense (KIND) – Houston Advisory Committee Member and Pro Bono
Counsel Ecclesia Houston – Overseer Living Water, International – Volunteer, Fundraiser, and Organizer of Los Ninos del Aqua El Salvador Mission Trip (2013) Mentor and Volunteer at Northbrook High School, Spring Branch Independent School District
DONNA S. RAYES
81ST JUDICIAL DISTRIC JUDGE
SIXTH GENERATION TEXAS
GREW UP IN GONZALES, TEXAS
B.A. IN POLITICAL SCIENCE UNIVERISTY OF TEXAS SAN ANTONIO (WITH HONORS)
J.D. ST. MARY’S SCHOOL OF LAW (MEMBER OF JOHN HARLAN SOCIETY)
PRIVATE PRACTICE OF LAW FOR 22 YEARS
ELECTED IN 2002 AS JUDGE OF THE 81ST JUDICIAL DISTRICT, COMPOSED OF 5 COUNTIES: ATASCOSA, FRIO, KARNES, LA SALLE, AND WILSON
PAST MEMBER OF STATE BAR OF TEXAS GRIEVANCE COMMITTEE, DISTRICT 12-C
PANELIST OF JUDGES FOR NATIONAL BUSINESS INSTITUTE CONVERENCE
ADMINISTRATIVE JUDGE FOR 5 COUNTY DISTRICT
JUVENILE BOARD MEMBER FOR EACH OF FIVE COUNTIES
2016 DISTINGUISHED JUDICIAL GRADUATE ST. MARY’S UNIVERSITY SCHOOL OF LAW
PAST AND PRESENT PUBLIC SERVICE:
ALL SANITS EPISCOPAL CHURCH, BISHOP’S COMMITTEE EPISCOPAL DIOCESE OF WEST TEXAS RULES COMMITTEE ROTARY CLUB CHAIRPERSON OF BOARD OF TRUSTEES OF CAMINO REAL COMMUNITY SERVICES (A COMMUNITY BASED MENTAL HEALTH AND INTELLECTUAL AND DEVELOPMENTAL DISABILITY CENTER) CO-CHAIR OF TEXAS FOLKLIFE FESTIVAL PLEASANTON COWBOY ENTRY CHARTER BOARD OF DIRECTORS ATASCOSA FAMILY CRISIS CENTER BOARD MEMBER CHILDREN’S ALLIANCE OF SOUTH TEXAS
Laura Robertson is Deputy General Counsel, Litigation and Arbitration, for ConocoPhillips.
Robertson came to ConocoPhillips in 2007 as senior counsel of commercial litigation and arbitration. In 2010, she became managing counsel of arbitrations for ConocoPhillips, making her responsible for managing the company’s domestic and international arbitration matters, and advising on international investment structuring. Prior to joining ConocoPhillips in 2007, Robertson was Counsel at Chevron, where she handled royalty litigation and compliance. Robertson was also a
senior litigation associate at King & Spalding, LLP in Laura M. Robertson Houston, Texas, handling complex commercial litigation Deputy General matters, primarily for international energy companies. Counsel, Litigation and Arbitration Robertson is a board member of the Houston
Arboretum & Nature Center, Catholic Charities of the Archdiocese of Galveston-Houston, as well as The Fay School in Houston.
Robertson graduated from Loyola University in 1995, with a Bachelor Arts degree in psychology and business administration. Robertson earned her juris doctorate with honors from University of Texas in 1998.
Jennifer A. Smokelin Counsel [email protected]
Pittsburgh
T: +1 412 288 3016 F: +1 412 288 3063
Education Overview University of Pittsburgh Jennifer is a bright, energetic thought-leader on environmental and emerging energy issues, School of Law, 1992, J.D., greenhouse gas legislation, and related environmental issues in the RGGI states, California, summa cum laude, Managing and the European Union as well as the international arena. Editor, University of Pittsburgh Law Review; Order Jennifer represents clients in a broad range of environmental and energy issues, including of the Coif environmental civil enforcement and litigation matters, as well as regulatory and University of Pennsylvania, transactional issues for energy and manufacturing companies. Her practice focuses on all 1986, B.S.E., Systems aspects of regulatory and litigation counseling in the fields of environmental, natural Science and Engineering; resource, and energy law, with a particular emphasis on emerging air issues. She draws Minor: Wharton School, upon her experience in business and engineering to incorporate regulatory compliance into Decision Sciences sound business strategies. Professional Admissions / Whether in Pennsylvania or lecturing across the country, she dedicates herself to her Qualifications clients, her profession, and her community, helping clients understand the potential impact, Pennsylvania strengths and weaknesses, and business opportunities of emerging energy, environmental and greenhouse gas issues. She has shared speaking engagements with the White House special assistant to the president for energy and climate change. Additionally, Jennifer is very proud to be chair of the Pittsburgh Women's Initiative Network of Reed Smith, where she works to promote a support network among women in the firm’s award-winning women’s program, and to further women’s career advancement and professional development. Energy and Greenhouse Gas Experience Jennifer has argued before administrative tribunals on emerging Clean Air Act issues, developed standardized trading agreements for carbon projects on California, and performed due diligence on major acquisitions in the Marcellus Shale play. As well as being a delegate at the Paris climate talks and other international climate negotiations, she has led or participated on teams in some of the most significant air appeals and hearings on aggregation issues for the oil and gas industry in Pennsylvania. Jennifer's clients include energy companies (large and small), textile manufacturers, battery recycling facilities, iron and steel manufacturers, petroleum refiners, chemical producers, chapter 11 bankruptcy debtors and creditors, landfill operators, and municipalities and municipal redevelopment authorities. She has represented clients in the international climate arena as well as in the state courts of Pennsylvania, Ohio and West Virginia; in the U.S. District Courts throughout the Midwest and the Eastern United States; and in the U.S. Circuit Courts of Appeal for the Third Circuit and the District of Columbia. Environmental Litigation Experience Jennifer also represents clients in a broad range of environmental issues, including environmental civil enforcement and litigation matters concerning the Clean Air Act, Superfund, RCRA, and the Clean Water Act, as well as various state law equivalents. She has been involved with groundbreaking air permitting aggregation litigation as well as several successful Title V permitting challenges for Pennsylvania clients, along with
defending toxic tort and property damage claims based on the discharge of hazardous pollutants into the air, soil, surface and groundwater. Environmental Due Diligence Experience Jennifer is a key player in due diligence on major acquisitions in the Marcellus Shale play. She has reviewed and evaluated environmental assessments involving multiple facilities at diverse locations in the United States, Canada and Mexico, and she helps clients understand the pros and cons of alternative provisions and different structures for doing business. Jennifer advises clients, including REITs, with the purchase of real estate, on qualifying as bona fide purchasers under CERCLA or meeting the test for innocent landowner and contiguous property owner defenses, and obtained liability protection for buyers of contaminated property under various state programs. Representative Matters Represent client in a complex acquisition of 37-property portfolio located throughout Germany, consisting of a sale-leaseback transaction and additional financing. Advised client on environmental issues in Exxon Mobil's nearly $1.7 billion acquisition of two of Pennsylvania's natural gas exploration and distribution companies Advised a major power company on dealing with climate risks in an acquisition document Advised client on regulatory compliance aspects of the EPA's recent mandatory GHG inventory rule Advised a nonprofit on sustainability issues in development, including LEED certification (silver) for a theater project Advised major energy client on the Renewable Fuel Standards or RFS under the Energy Independence and Security Act of 2007 Advised a plant on Title V permitting and greenhouse gas emissions Advised buyer regarding multiple Emissions Reduction Purchase Agreements between major international banking and trading entities and a Chinese renewable energy developer. Assisting with the $560 million merger, with particular responsibility for addressing all environmental aspects of agreement and financing, of Badlands Energy, LLC d/b/a Powerfuels by Heckmann. Publications 8 August 2016 "CARB Releases Final Proposed Amendments to Cap-and-Trade Regulations; Formal Comment Period Commences" Reed Smith Client Alerts; Co-Authors: Todd O. Maiden, Michele D. Yuen 22 June 2016 "Understanding the Re-Vamped TSCA: Federal Preemption Gives Uniform Standards" Reed Smith Client Alerts; Co-Authors: Todd O. Maiden, Michele D. Yuen 26 April 2016 "Court of Appeal Turns a Careful Eye Toward Challenges to California’s Cap-and-Trade Auction System" Reed Smith Client Alerts; Co-Authors: Todd O. Maiden, Phillip H. Babich, Michele D. Yuen, Courtney T. Cornwell 22 January 2016 "New Pennsylvania Methane Rules May Be More Stringent than Federal Standards" Reed Smith Client Alerts; Co-Authors: Nicolle R. Snyder Bagnell, Ariel Nieland Forbes 12 January 2016 "The Paris Agreement – leading the pathway to a low carbon
economy" Reed Smith Client Alerts; Co-Authors: Peter Zaman, Nicholas Rock, Adam Hedley 9 October 2015 "California Takes the Bronze: Implications and Impacts of California's SB 350" Reed Smith Client Alerts; Co-Authors: Todd O. Maiden, Phillip H. Babich, Gagandeep B. Kaur 30 September 2015 "Anticipating the outcome of the 2015 Paris Climate Change Conference" Reed Smith Client Alerts; Co-Authors: Peter Zaman, Nicholas Rock, Todd O. Maiden, Michael J. Fosh, Katherine Yang, William J.G. Barber 16 June 2015 "Pencils Up: Industry Has Opportunity to Make Its Voice Heard on New Biofuel Targets" Reed Smith Client Alerts; Co-Author: Paul B. Turner 22 May 2015 "California ‘Under 2 MOU’ Demonstrates Ambition and Bottom Up Support for GHG Reductions in the Lead Up to COP 21" Reed Smith Client Alerts; Co-Authors: Todd O. Maiden, Phillip H. Babich, Christopher Garcia 7 January 2015 "COP 20 – Lima 2014: Déjà vu on the road to Paris" Reed Smith Client Alerts; Co-Authors: Peter Zaman, Nicholas Rock, Michael A. Yuffee, Craig R. Enochs, Michael J. Fosh, Richard Webb 14 November 2014 "What does the agreement between the United States and China to reduce their greenhouse gas emissions mean to 'Joe Industry'?" Reed Smith Client Alerts; Co-Author: Todd O. Maiden 15 October 2014 "CARB’s Invalidation of Offset Credits Highlights Importance of Risk Allocation" Reed Smith Client Alerts; Co-Author: Phillip H. Babich 30 June 2014 "Does the Supreme Court’s Opinion in Utility Air Regulatory Group v. Environmental Protection Agency, et al. (June 23, 2014) Foretell the Future of Greenhouse Gas Regulation Under the Clean Air Act?" Reed Smith Client Alerts 10 June 2014 "Is RGGI in Pennsylvania’s Future?" Reed Smith Client Alerts 5 May 2014 "Business Implications under U.S. Supreme Court’s Affirmance of EPA’s Transport Rule" Reed Smith Client Alerts; Co-Author: Phillip H. Babich 3 October 2013 "The Battle Over EPA’s Proposed New Source Performance Standards For Coal Fired EGUs: Adequately Demonstrated or Impermissible Technology Forcing?" Reed Smith Client Alert 22 August 2013 "The President’s Climate Action Plan and California’s carbon market" Reed Smith Client Alert; Co-Authors: Thomas J. Galligan, Todd O. Maiden, Peter Zaman 23 May 2013 "AB 32 Update: Summary of the Basics of Transacting in Offsets Under AB 32" Reed Smith Client Alert 23 January 2013 "Conventional and Unconventional Operators: Know your Rights re GHG Reporting" Reed Smith Client Alert; Co-Author: Louis A. Naugle
18 October 2012 "AB 32 and Offset Basics" Reed Smith Client Alert; Co-Authors: Todd O. Maiden, Nicholas Rock, Peter Zaman 2 October 2012 "AB 32 and GHG Market and Auction Basics" Reed Smith Client Alert; Co-Authors: Todd O. Maiden, Nicholas Rock, Peter Zaman 20 September 2012 "AB 32 and Cap and Trade Design Basics" Reed Smith Client Alert; Co-Authors: Todd O. Maiden, Peter Zaman, Nicholas Rock 2 April 2012 "Protecting the Yard -- EPA Compliance Orders Made Reviewable" Global Regulatory Enforcement Law Blog 21 March 2012 "Respect The EPA's Authority, It's Not Going Away" Law360 Speaking Engagements Reed Smith's U.S. Energy and Commodities Conference, Houston, Texas, 17 September 2015 "Offsets in Cap and Trade," Carbon Forum North America, Washington, D.C., 30 September 2013 "Clean Air Act Basics," Pennsylvania Bar Association’s Environmental Law Forum 2014, Harrisburg, Pennsylvania, 28-29 March 2014 "Year-End Local and Global Climate Change Analysis: COP 19, California’s November Auction," Reed Smith Environmental and Energy Law Resource Teleseminar, 4 December 2013 "President Obama's Climate Action Plan in the Near Term: Expectations, Concerns, and Opportunities," Environmental Law Institute, Washington, D.C., 30 September 2013 "California Cap and Trade Update," Reed Smith Environmental and Energy Law Resource Teleseminar, 29 August 2013 "Clean Air Act Transport Rules: A Long Strange Trip," Allegheny County Bar Association's Environment & Energy Law Section, Pittsburgh, Pennsylvania, 1 November 2012 "Update on Aggregation in Pennsylvania Shale Gas Industry," Reed Smith Environmental and Energy Law Resource Quarterly Teleseminar, 31 October 2012 "Update on Aggregation in Pennsylvania Shale Gas Industry," Reed Smith Environmental and Energy Law Resource Quarterly Teleseminar, 31 October 2012 "Risky Business? Lender Risk From Shale Gas," Reed Smith University, 20 September 2012 "California GHG Auction: Lessons Learned from EU-ETS," Reed Smith Environmental and Energy Law Resource Quarterly Teleseminar, 11 September 2012 "Spotlight on Shale Gas," Reed Smith Environmental and Energy Law Resource Quarterly Teleseminar, 25 April 2012 "Greenhouse Gas Regulation," Environmental Law Forum 2012, Harrisburg, Pennsylvania, 28-29 March 2012 "Top 10 Environmental and Energy Issues in 2012," Reed Smith Environmental and Energy Law Resource Quarterly Teleseminar, 25 January 2012 Employment History 2001 - Reed Smith Chair, Women's Initiative Network of Reed Smith (Pittsburgh Office)
1996 - Babst Calland 1992 - Reed Smith Professional Affiliations Delegate to the 21st Conference of the Parties (COP21) under the United Nations Framework Convention on Climate Change in Paris, France, December 2015 (the "Paris Climate Talks") Allegheny County Bar Association Denis Theatre Foundation (a small nonprofit dedicated to renovating and revitalizing a community arts center) – Member of Advisory Board Pennsylvania Bar Association – Member of the Environmental, Mineral, and Natural Resources Section University of Pittsburgh School of Law – Adjunct Professor of Law, Teaching "Climate Change and the Law" (a course that is designed to help a new generation of lawyers understand the science, law, and business of climate change) Delegate to the 15th Conference of the Parties (COP15) under the United Nations' Framework Convention on Climate Change in Copenhagen, Denmark, December 2009 In the Press “Pittsburgh lawyer pushed reforestation at Paris climate change talks,” by Daniel Moore, Pittsburgh Post-Gazette, 22 December 2015 "Copenhagen summit is destination for Pittsburgh lawyers," by Joyce Gannon, Pittsburgh Post-Gazette, 8 December 2009 "New Law Class Focuses on Climate Change," by Patricia Lomando White, Pitt Chronicle, 4 February 2008 Notable Quotes Clean Power Plan could sway on US Supreme Court appointment," ICIS, 16 February 2016 Some States Halt Clean Power Plan Work In Wake of Stay but Others Forge On," Bloomberg BNA Daily Environment Report, 11 February 2016 "Pa. Methane Rules May Be Tougher Than Federal Standards," Law360, 1 February 2016 “Attorneys React To The Paris Climate Change Deal,” Law360, 14 December 2015 "Global Climate Deal Would Boost CPP's Survival Chances,” Law360, 25 November 2015 “RGGI Will Hear Input From Stakeholders On EPA’s Clean Power Plan,” Bloomberg BNA’s Daily Environment Report, 6 November 2015 “RGGI Develops Principles for Potential of Other States to Join Regional Initiative,”Bloomberg BNA’s Daily Environmental Report, 24 March 2015 “China Emissions Cap To Push US Toward Strict Climate Regs,” Law360, 3 June 2014 “New Obama Climate Czar Brings Fresh Energy Perspective,” Law360, 20 November 20 2013 "Typhoon Devastation Shakes Up Global Climate Talks," Law360, 12 November 2013 "Supreme Court Agrees to Hear Challenges to Greenhouse Gas Permitting Requirements," Bloomberg BNA, 16 October 2013 "GHG Rules' Low Cost Won't Curtail Legal Storm," Law360, 22 February 2011
Robert Theriot Liskow & Lewis
Robert Theriot is a shareholder with the firm of Liskow & Lewis and heads its oil and gas practice in Houston. His practice for the past 30 years has focused on oil and gas trials and transactions, with deep experience in land, lease, royalty, operational, marketing, and midstream matters. Robert is Board Certified in Oil, Gas and Mineral Law by the Texas Board of Legal Specialization, and licensed in Texas, Louisiana, and North Dakota. He has chaired the Oil, Gas & Mineral Section of the Houston Bar Association, chaired the South Texas College of Law Energy Law Institute, and serves on the Advisory Committee for the Texas Board of Legal Specialization. Robert graduated from the University of Southwestern Louisiana and Tulane Law School; served as Editor-in-Chief of the Tulane Law Review, and clerked for the Honorable John Minor Wisdom on the United States Court of Appeals for the Fifth Circuit. 9/3/2016 Whittington_Mark_Energy_Utility_1041
Hon. Mark Whittington (Ret.) Energy/Utility
Justice Whittington brings a unique perspective to his dispute resolution practice at JAMS. He has served in multiple roles in the judiciary where he participated in early efforts to institute ADR programs at both the trial and appellate levels. Justice Whittington began his judicial career as a civil trial judge and concluded his public service as a justice of the Fifth District Court of Appeals. He consistently received the highest approval rating by attorneys in judicial T: 2147445267 evaluation polls. F: 2147206010 ADR Experience and Qualifications
Case Manager As a civil trial judge, Justice Whittington presided over more than 300 jury trials and thousands of bench trials Carolina El'Azar As an appellate court justice, Justice Whittington served on panels that resolved thousands JAMS of civil cases, where he personally authored over 1600 opinions 8401 N. Central Justice Whittington presided over many complex energy industry cases during his judicial Expressway career Suite 610 Since leaving the bench, he has helped resolve numerous complex energy industry cases, Dallas, TX 75225 both as a mediator and as an arbitrator 2148914525 Phone 2147206010 Fax Representative Matters Email: [email protected] Contract claims by oil and gas exploration company against engineering firm regarding failure to provide fluid engineering services, negligence and fraud Claims for breach of contract, promissory estoppel, fraud and fraudulent transfer brought by engineering firm against developers of proposed natural gas pipeline in Texas and Mexico Investor action regarding oil and gas joint venture for injunctive relief against bank to prevent payment on letters of credit after venture was unsuccessful Breach of fiduciary duty, negligence and fraud brought by pipeline company against vice president of project management and contracts for unauthorized relationships with suppliers and contractors Claims for tortious interference, conversion and injunctive relief arising from alleged interference with seismic survey by surface owners Probate contest involving claims to mineral estates and working interests passing under terms of decedent’s will Wind farm operator’s breach of contract claims brought against operator of electric power grid for failure to provide sufficient infrastructure for transmission of available energy Claims for breach of contract brought by oil well servicing company against shipping company for failure to comply with contractual requirements regarding provision of services and supplies to oil rigs in the Gulf of Mexico Natural gas pipeline general contractor’s claims for breach of contract and fraud against pipeline developer and executives Breach of contract and tort claims by oil field joint venture participants against operator for failure to appropriately allocate profits Breach of contract, quantum meruit, fraud and tortious interference claims brought by landman and his company against oil and gas energy exploration company for failure to pay commissions for negotiation of multimillion dollar lease purchases Negligence and fraud claims brought by royalty owners against executive interest owners for failure to properly manage oil and gas interests Honors, Memberships, and Professional Activities Best Lawyers in Dallas, Alternative Dispute Resolution, D Magazine Outstanding Civil Jurist Award, American Board of Trial Advocates Judicial Pro Bono Award, North Texas Legal Services Sustaining Life Fellow, Texas Bar Foundation Sustaining Life Fellow, Dallas Bar Foundation Master, William “Mac” Taylor Inn of Court Background and Education https://www.jamsadr.com/whittington/energyutility 1/2 9/3/2016 Whittington_Mark_Energy_Utility_1041 Justice, Fifth District Court of Appeals, Dallas, TX, 19932008 Judge, 160th State District Court, Dallas, TX, 19871992 Judge, County Court at Law, Dallas, TX, 19831986 J.D., University of Houston
https://www.jamsadr.com/whittington/energyutility 2/2
Danny G. Worrell Partner [email protected] Austin p +1.512.691.4012
Practices Danny Worrell focuses his practice on environmental contested case permitting and FOCUS: enforcement, Superfund litigation, and transactions and investigations involving Environmental and environmental matters. He advises clients on regulatory compliance involving solid and Workplace Safety hazardous waste, air quality, water quality, injection wells, underground and above- Environmental Issues ground storage tanks, asbestos, polychlorinated biphenyls (PCBs), water and wastewater in Real Estate and utilities, pesticides and pipelines, and in situ uranium mining. Commercial Danny previously worked as a geologist for the ARCO Oil and Gas Company, Transactions specializing in oil and gas exploration. While attending law school, he was a member of Environmental and the staff of the Houston Journal of International Law. Danny has earned an MS and a BS Toxic Tort Litigation in geology. Environmental Internal Selected Experience Investigations and • Incident Response Representation of client in settling federal Superfund litigation involving a former barge-cleaning facility. Environmental Land Use • Lead attorney in contested case hearing on a municipal wastewater discharge Water permit proceeding that settled prior to the hearing on the merits. Chemicals, Products • Lead attorney in contested case hearing on air permit authorization for a concrete and Pesticide batch plant. Regulation • Assistance to client in successfully obtaining first Regulatory Flexibility Order from Environmental the TCEQ for use of the EPA Comparable Fuels Rule allowing substitution of fuels Aspects of Energy at chemical manufacturing facility. Production • Lead attorney in administrative contested case hearing and district court appeal. Litigation and Dispute Successfully obtained renewal and new Class 1 hazardous waste injection well Resolution permits from the TCEQ. Appellate and • Supreme Court Assistance to client in successful settlement of product liability litigation relating to Litigation oil well cementing operations. Environmental • Representation of client in successfully negotiating settlement of administrative Advisory Group proceedings, involving a contested case hearing, on an application for renewal and major modification of Commercial Hazardous Waste Treatment, Storage and Disposal Facility permit.
Danny G. Worrell continued
• Representation of clients in settling state Superfund cases involving a former scrap Recognition metal recycling facility, a former toll chemical manufacturing facility and a former AV Preeminent Peer electrical equipment refurbishing facility. Review Rating by LexisNexis • Representation of client in administrative contested case hearing involving Martindale-Hubbell amendment to production area authorization for in situ uranium mining permit Best Lawyers in before the Texas Commission on Environmental Quality (TCEQ). America, 2007– • Representation of clients in settling claims associated with federal Superfund 2008, 2010–2012, litigation cases involving a former tin smelter and a former industrial waste disposal 2014–2017 facility. Who's Who Legal, • Lead attorney in contested case hearing on application to obtain a Municipal Solid Texas, 2007–2008 Waste Type I landfill permit from the TCEQ. Chambers USA, • 2005–2011, 2014– Lead attorney in administrative contested case hearing and district court appeal. 2016 Successfully obtained a Texas Pollution Discharge Elimination System permit for a municipal wastewater discharge. Education • Representation of clients in successfully obtaining Single Property Designations JD, University of from the TCEQ for air quality regulatory purposes. Houston Law • Center Representation of client in administrative contested case, district court and appeals court proceedings involving major modifications to Class 1 non-hazardous injection MS, Louisiana State well permits from the TCEQ. University • BS, The University of Lead attorney in administrative contested case hearing and district court and Texas at Austin appeals court appeals. Successfully obtained a Texas Clean Air Act preconstruction permit for an 800 megawatt coal-fired electric generating facility Bar Admissions with a CO2 capture unit. Texas Memberships Court Admissions • American Bar Association, Section of Environment Energy and Resources US Court of Appeals, • Austin Bar Association Fifth Circuit Supreme Court of Advisories Texas • Supreme Court Rules that Corps Section 404 Jurisdictional Determinations Can Be Challenged (June 1, 2016) • Texas Supreme Court Rules Houston Ordinance Preempted by Texas Environmental Laws (May 10, 2016) • Texas Third Court of Appeals Rules That Two Types of State Superfund Orders Are Not Mutually Exclusive (April 19, 2016) • Texas Supreme Court Denies Petition for Review in Texas Farm Bureau Case (February 19, 2016) • EPA Issues Order Objecting to MSS Provisions in a Title V Operating Permit (February 10, 2016) • Supreme Court Stays Clean Power Plan (February 9, 2016)
Danny G. Worrell continued
• EPA Proposes Greenhouse Gas Reporting Rule Leak Detection Methodology Revisions (February 3, 2016) • DOJ and DOL Expand Worker Endangerment Initiative in Addressing Environmental and Worker Safety Crimes (December 18, 2015) • EPA Determinations on Texas and Oklahoma SIP Revisions to Address Regional Haze Requirements (December 16, 2015) • TCEQ Adopts Revised Contested Case Hearing Rules (December 15, 2015) • US Supreme Court Agrees to Hear Issue of Whether Wetlands Determinations Are Subject to Judicial Review (December 14, 2015) • EPA Proposes Update To Cross-State Air Pollution Rule for the 2008 Ozone NAAQS (November 24, 2015) • FWS Declines to List Greater Sage-Grouse (September 22, 2015) • TCEQ Releases Draft Proposed Rule to Implement Recently-Passed Contested Case Hearing Bills (July 16, 2015) • EPA Issues Revised Underground Storage Tank Rules (June 24, 2015) • EPA Announces eDisclosure System for Implementation of Audit Policy (June 18, 2015) • EPA Issues Guidance on Modifying the Timeframe for Hazardous Waste Management Unit Post-Closure Care (May 12, 2015) • Corporate Successor Liable Under CERCLA by Piercing the Corporate Veil (February 10, 2015) • Texas Supreme Court Avoids Deep Subsurface Wastewater Trespass Issue in Determining Case Based on Lack of Consent (February 10, 2015) • Fifth Circuit Rules that Superfund "Arranger" Liability Requires Intent to Dispose of a Hazardous Substance (January 22, 2015) • EPA Proposes Amendments to National Contingency Plan Addressing Oil Spill Dispersants (January 16, 2015) • EPA Finalizes Rule Regulating Coal Ash as a Solid Waste (December 24, 2014) • EPA Finalizes Revisions to the Definition of Solid Waste Rule (December 17, 2014) • Railroad Commission Adopts Amendments to Waste Disposal Well Rules to Address Earthquake Concerns (October 29, 2014) • Sierra Club Ordered to Pay $ 6.4 Million in Fees for "Frivolous" CAA Citizen Suit (September 3, 2014) • Texas Supreme Court Reverses Environmental Contamination Stigma Award (August 26, 2014)
Danny G. Worrell continued
• Railroad Commission Approves Proposed Amendments to Waste Disposal Well Rules to Address Earthquake Concerns (August 18, 2014) • Sixth Circuit Bars CERCLA 107 Cost Recovery Claims Under Updated AOCs (July 18, 2014) • D.C. Circuit Vacates EPA's 2008 Gasification Exclusion and 1998 Comparable Fuels Exclusion Rules (July 1, 2014) • CERCLA Cost Recovery Claim Barred for Costs Incurred Under Consent Order (April 24, 2014) • EPA Proposes to Add Three Materials to the List of Categorical Non-Waste Fuels (April 17, 2014) • American Petroleum Institute Files Petition for Review of EPA's Final Rule Excluding Carbon Capture and Sequestration from RCRA Hazardous Waste Regulations (April 14, 2014) • Federal District Court Rules for Luminant on Citizen Suit Brought by Sierra Club (April 2, 2014) • TCEQ Issues New General Wastewater Permit for Evaporation Ponds Amid Controversy (March 26, 2014) • Richard A. Hyde Appointed TCEQ Executive Director (January 16, 2014) • Zak Covar Appointed TCEQ Commissioner (January 14, 2014) • EPA Issues Final Rule Excluding Carbon Capture and Sequestration from RCRA Hazardous Waste Regulations (December 20, 2013) • ASTM Approves New Phase I ESA Standard and EPA Withdraws Direct Final Rule Referencing New Standard (November 14, 2013) • Texas Supreme Court Reverses Appeals Court Decisions Regarding Right to Contested Case Hearings (September 20, 2013) • Third Circuit Finds that Current and Former Owners of Coal-Fired Power Plant are Not Subject to Civil Penalties and Injunctive Relief for Alleged Violations of PSD Permitting Program (August 21, 2013) • EPA Amendment to Standards and Practices for All Appropriate Inquiries (August 15, 2013) • EPA Conditionally Excludes Solvent-Contaminated Wipes from Hazardous Waste Management Regulations (July 25, 2013)
Articles • Brownfields Law & Practice, Texas chapter (Matthew Bender) (2012) • RCRA: Resource Conservation and Recovery Act, with co-authors John W. Teets and Dennis P. Reis (American Bar Association) (2003)
Danny G. Worrell continued
• Subsurface Trespass Claims Against Underground Injection Control Operations, in conference materials for the Texas Natural Resource Conservation Commission 2002 Underground Injection Control Symposium (2002) • Legal and Strategic Considerations in Risk-Based Closures, in proceedings of Energy Week Conference and Exhibition (1996) • Land Disposal Restrictions: Current Developments and The Corrective Action Management Unit (CAMU) Rule, in conference materials for the Brown McCarroll & Oaks Hartline Annual Client Environmental Seminar (1994) • Exploration and Production Wastes and Class II Injection Wells: Current Regulatory Developments (SPE 27706), in Proceedings of the Permian Basin Oil & Gas Recovery Conference, sponsored by the Society of Petroleum Engineers (1994) • Understanding the New Corrective Action Management Unit (CAMU) Rule and its Impact on CERCLA Projects, in Operating Under RCRA and CERCLA Requirements, sponsored by Executive Enterprises, Inc. (1993) • Producing Property Conveyances and Environmental Liabilities: A Mine Field for the Unwary, with R. Kinnan Golemon, 43rd Annual Institute on Oil and Gas Law and Taxation, Matthew Bender (1992) • Overview of Federal and Texas Class II Injection Well Regulatory Programs and New Developments in Efforts to Revise These Programs, in proceedings of the Symposium on Class II Injection Well Management and Practices, sponsored by the Underground Injection Practices Search Foundation and the US Department of Energy (1992) • Recent Regulatory Changes Affecting Class I Injection Wells, with Albert R. Axe, Jr. and R. Steven Morton, in Proceedings of the Underground Injection Practices Council (1991) • Permitting Injection Wells in the New Texas, with Albert R. Axe, Jr., in Proceedings of the Underground Injection Practices Council (1991) • An Overview of the Use of Injection Wells for Industrial Waste Disposal, with R. Steven Morton and Susan Thompson (1990)
Speaking Engagements & Presentations • Panelist | 28th Annual Texas Environmental Superconference | Austin, Texas (August 4–5, 2016) • Champions of Justice Gala 2016 | Austin, Texas (April 6, 2016) • 27th Annual Texas Environmental Superconference | Austin, Texas (August 7, 2015) • Speaker | 26th Annual Texas Environmental Superconference | Austin, Texas (August 7–8, 2014)
Danny G. Worrell continued
• Speaker | BACT and MACT- "Hunches in Bunches" | Texas Environmental Superconference | Austin, Texas (September 2011) • Speaker | The Impact of Changing Federal Energy and Environmental Laws and Policy | Gulf Coast Power Association, 25th Annual Fall Conference and Exhibition | Austin, Texas (2009) • Speaker | What Happens When a Rule Is Vacated? MACT Hammer and Title V Impacts | TCC/ACIT Environmental, Health & Safety Seminar | Galveston, Texas (2009) • Speaker | Compliance: Confidentiality and Ethics, Changing Times Require Changing Approaches | Texas Bar Law Center | Austin, Texas (2007) • Speaker | Environmental Law 101: Solid Waste | Texas Environmental Superconference | Austin, Texas (2005)