As the energy industry continues to evolve and diversify, our lawyers focus on solving regulatory and litigation challenges. Our comprehensive team includes skilled trial lawyers and former regulatory agency lawyers, all well versed in courtroom and agency proceedings. With international energy litigators across the globe and domestic energy litigators based on both US coasts and in Texas, we represent clients in all types of disputes and forums.
Our lawyers help clients avoid litigation wherever possible. When we can’t resolve issues through avoidance counseling, arbitration, or other forms of alternative dispute resolution (ADR), our team litigates high-stakes commercial and regulatory disputes in state and federal courts, and before administrative agencies. We also handle high-profile government and internal investigations.
Our global team of lawyers represents energy companies in such far-reaching forums as the London Commercial Court, the American Arbitration Association, the London Court of International Arbitration, and the International Chamber of Commerce, among others. We also represent clients in the Dubai International Financial Centre Courts.
The development of structured markets has led to an increase in energy industry litigation. Our lawyers represent both buyers and sellers of power in disputes under bilateral purchase agreements. We litigate these cases in arbitration, in courts and agency proceedings, or in a combination of forums.
To effectively litigate power purchase agreement disputes in today’s environment, our lawyers assess the complex relationships among purchasers, sellers, regional power pools, and transmission providers. Our understanding of energy transaction mechanics allows us to efficiently navigate the industry’s complicated regulatory overlay. When purchasers and sellers in energy’s increasingly deregulated marketplace have to face such complex challenges, our lawyers are there to help.
Our energy litigators represent oil and natural gas industry clients in toxic tort and other class actions. We also litigate disputes involving:
We also guide clients through agency litigation involving rates and services of oil and products pipelines under the US Interstate Commerce Act. Our lawyers have knowledge of the structure and operation of the industry, as well as a detailed understanding of the federal and state regulatory policies that shape industry development, allowing us to effectively litigate US Interstate Commerce Act disputes.
Our team has been trusted to prosecute and defend some of the most far-reaching nuclear litigation in the United States. In collaboration with our nuclear regulatory lawyers, our litigators resolve cases in which nuclear power plant performance or regulatory problems led to lengthy plant shutdowns complicated by Nuclear Regulatory Commission (NRC) oversight.
We represent domestic nuclear industry clients in damage claims against the federal government involving its failure to accept spent nuclear fuel for disposal. Our efforts have led to multiple judgments in excess of $100 million in contested trials. We’ve also negotiated groundbreaking settlements yielding hundreds of millions of dollars in compensation for our clients.
Our lawyers often simultaneously represent nuclear industry clients in litigation, arbitration, and mediation arising out of the same events. This logistical challenge often requires review and production of millions of pages of documents, and we have state-of-the-art technology that manages this process effectively. Our lawyers also assist in prudence reviews regarding nuclear power plant construction and operational outages.
Litigation between utilities and the government, vendors, other utilities, power purchasers, shareholders, and co-owners frequently accompanies the operation of nuclear facilities. Our lawyers have the experience with nuclear regulatory issues, technology, and industry practices to litigate these high-stakes disputes.
Our mass tort litigation and nuclear energy litigation teams represent companies facing radiation contamination, radiation exposure, personal injury, and property damage claims. We also litigate cases involving the diminution of property values allegedly stemming from nuclear power plant operations, nuclear fuel processing plants, uranium production, storage of nuclear waste, radium products, atomic weapons testing, and naturally occurring radioactive materials (NORM).
Our lawyers understand radioactive materials and the health effects of exposure to radiation, allowing us to effectively resolve these costly lawsuits. We have experience with mass tort litigation tactics and defense strategies, and a thorough command of the regulations and applicable standards regarding radiation safety.
Our team’s collective experience in defending mass tort claims and toxic tort class actions allows us to effectively defend clients in radiation-related litigation. Our practice is further enhanced by our background in representing owners of nuclear power plants and other nuclear facilities—particularly in matters involving the alleged release of radioactive materials—as well as other clients who use radioactive materials in their businesses.
Federal agencies such as the NRC, the US Department of Energy (DOE), the US Occupational Safety and Health Administration (OSHA), the US Environmental Protection Agency (EPA), the US Commodity Futures Trading Commission (CFTC), and the Federal Energy Regulatory Commission (FERC) often target energy industry companies for government investigation. Investigations can even involve federal prosecutors from the US Department of Justice (DOJ).
Our energy litigation lawyers work seamlessly with our corporate investigations and criminal defense teams to successfully guide energy and oil and gas companies through regulatory and DOJ investigations. Clients also frequently rely on us to conduct internal investigations and develop effective corporate compliance programs.
Our energy litigators represent utilities, contractors, and vendors in whistleblower litigation before the US Department of Labor (DOL), the DOE, and the NRC, and in state and federal courts. Although employee claims alleging retaliation for raising safety concerns may not cause significant financial distress, the suits can potentially damage a company’s regulatory relationships.
Our lawyers understand the sensitive nature of whistleblower litigation and help balance our clients’ needs in the lawsuit with the regulatory relationship. We understand that if the regulatory relationship is damaged, it could lead to severe financial consequences or criminal prosecution.
With the advent of competitive energy markets, federal and state governments are again making efforts to procure energy services through competitive bidding. Our government contracts lawyers have successfully resolved disputes involving the purchase and sale of energy services by the federal government.
Our lawyers assist clients with both pre- and postprocurement disputes involving government contracts. Our understanding of the energy industry allows us to help our clients meet a primary objective to sell energy to the government.
Morgan Lewis represents clients in renewable and wind energy technology disputes that involve investors, joint venture partners, financiers, and manufacturers in lawsuits and arbitrations throughout the United States, Canada, and Europe. We advise clients in negotiations relating to development and construction agreements such as:
Our insurance recovery lawyers represent energy industry policyholders on a national and international basis—across borders and across disciplines. As advisers and trial lawyers, we navigate insurance law as it intersects with statutes governing bankruptcy, taxes, securities, and transactions.
We help clients preserve and recover assets, and minimize the tax impacts from insurance recoveries. Our lawyers have experience with the insurance implications of bankruptcy, the use of private asset protection and tax-efficient vehicles (such as qualified settlement funds or trusts) authorized by the Internal Revenue Code, and the use of derivatives and security devices to ensure long-term insurance responsiveness.
The heightened publicity associated with restructuring has resulted in an increase in derivative and class action claims against energy companies, particularly in shareholder and customer class actions. Our litigators are especially well positioned to represent clients facing such shareholder and customer claims. We have experience in the class action arena and have been recognized as a “powerhouse” in class action and are routinely identified as a leading firm in this area requiring special skill. Drawing on the resources of our leading energy regulatory and transaction teams, we are uniquely suited to assist energy clients facing class action cases.
We also represent corporate directors from many industries in derivative suits. Our team recently represented the members of an electric utility board of directors who faced breach of duty claims for failing to prevent a senior officer from allegedly accepting kickbacks from coal suppliers. Our litigators also represent utilities before federal courts, state courts, and administrative agencies in cases involving transmission siting issues, stranded investment, and federal antitrust claims.