Energy, Marine & Power
Lewis Brisbois’ Energy, Marine & Power Practice handles a broad array of matters throughout the U.S.A. and internationally. Our clients include a variety of businesses involved in the energy, marine, and power industries, as well as U.S., UK and other foreign insurers in these spaces. With deep knowledge and extensive experience, the lawyers who comprise the firm’s Energy, Marine & Power Practice consistently achieve clients’ business objectives through trustworthy analysis, counsel, litigation, negotiation, alternative dispute resolution, drafting, transactions, and when necessary, trial.
Conventional Energy
In the oil and gas industry, our seasoned attorneys manage upstream contracts and operations, midstream contracts and operations, as well as liquified natural gas (LNG) and natural gas matters. In the upstream space, they regularly handle leasing and easements, condemnation, seismic acquisitions, data and licensing, farmouts, drilling contracts, joint operating agreements, unitization and pooling, master service and master supply agreement, production purchasing, sale, marketing and shipping, production sharing agreement and licensing, and other matters. In the midstream segment of the oil and gas industry, our lawyers work with clients on issues involving gas gathering, fractionation, processing, and treatment, natural gas storage facilities, saltwater disposal (SWD) well and solid waste facilities, water rights, pipeline tariffs, terminal, dock and tank agreements, and offshore processing. In addition, in the areas of LNG and natural gas, we handle LNG sale and purchase agreements, LNG master sales agreements, gas sales agreements, and offtake agreements.
Our attorneys have particular expertise in evaluating master service and other contracts among the parties to energy projects to assess the allocation of risks by the parties for the various claims, the viability of those efforts given applicable anti-indemnity statutes and to what extent each is covered and by which policies.
We handle catastrophic personal injury, death and property damage claims arising from oil and gas well sites and related operations, refineries, marine terminals, pipelines, service stations, and construction sites. We handle sudden and accidental pollution and contamination claims, as well as legacy claims stretching across decades.
Marine
Our attorneys have decades of experience representing clients throughout the marine industry.
We have handled virtually every type of personal injury, death and property damage claim involving the application of maritime law, arising in connection with all types of vessels and amphibious craft. We regularly defend our clients and their insurers against claims brought by seamen under the Jones Act, the General Maritime Law and DOHSA. We defend claims brought by longshoremen/ship repair workers under the LHWCA and workers on the Outer Continental Shelf under the OCSLA. We handle personal injury and property claims arising out of the operation of marine terminals and equipment, as well as claims involving yachts and other small recreational watercraft. We also have experience defending maritime products liability cases.
Our attorneys have experience in complex maritime litigation including limitation of liability proceedings, in rem actions, maritime attachment actions, vessel arrests, ship mortgage foreclosures, general average, and other issues involving maritime liens. We also represent clients in litigation arising from cargo damage and loss claims under federal law.
Unconventional Energy
Our attorneys regularly work with companies seeking to execute unconventional – including renewable – energy business strategies. With significant experience handling energy and infrastructure transactions – including mergers and acquisitions, project finance, and project development across all fuel types – the attorneys who comprise our team advise on and support the life cycle of energy products, services, and solutions. In helping clients roll out complex net-zero and IT projects, Lewis Brisbois’ attorneys provide comprehensive resources and services in a variety of areas, including business strategy development, real estate, design and finance, construction, environmental, and economic development. The types of matters our attorneys handle in the unconventional energy arena include solar, wind, hydrogen and geothermal project development, U.S. Department of Energy grant approvals, contractual matters related to energy tax credits, decarbonization, carbon sequestration, public utility work, and engineering, procurement, and construction (EPC)-related work. Our attorneys have significant experience with battery storage and manufacturing projects, and contractual work related to same.
Acquisitions, Divestitures and Finance
Our attorneys have significant experience in the mergers, acquisitions and dispositions of the oil and gas companies and upstream assets onshore and offshore in the U.S.A. and internationally, downstream assets, including refineries and gas stations, and midstream assets, including pipelines and terminals. Our attorneys have significant experience in sale and purchase of the distressed assets and Bankruptcy Section 365 sales and represent energy companies in bankruptcy proceedings, including as a debtor or as a creditor.
We have significant experience in private and public placement of equity and debt securities for the energy companies, and leveraged buyouts.
Our team provides legal advice for asset-based lending, term loans, syndicated credit facilities, cross-border financings, LC facilities, derivatives and structured financing to the energy companies.
Litigation and Arbitration
Our team has extensive jury and bench trial experience in state and federal courts, practice regularly in the appellate courts, and are adept at all forms of alternative dispute resolution, including arbitration and mediation. Our attorneys successfully represent our clients’ interests and achieve positive results in matters including upstream, midstream and downstream commercial disputes, worksite liability, lien enforcement and foreclosures, bankruptcy and creditors’ rights, product liability indemnity, construction defects, securities and anti-trust claims, insurance claim disputes, and Oil and Gas Commission hearings.
Insurance Coverage
In conventional and unconventional energy, marine and power fields, we have particular expertise in advising and defending insurance clients on coverage and bad faith claims stemming from a broad range of insurance products, including protection & indemnity, hull & machinery, maritime employers’ liability, operator’s extra expense, control of well, re-drill, builder’s risk, construction, property, business interruption, charterer’s liability, pollution and contamination, OCIP, yacht, cargo, marina, general liability, ocean and inland marine, excess liability, umbrella liability and other policies insuring owners, joint venturers, operators, contractors, material and labor supply companies, employers, carriers, charterers, ship builders and repairers, wharfingers, terminals, bailees and warehousers, freight forwarders and other third-party logistics providers and cargo intermediaries.
Commodities
We advise our clients on all aspects of commodities business, including commodities trading, trade and commodities finance, structured transactions and commodities compliance.
Power
Our attorneys have wide-ranging experience representing electrical utilities and other participants in the power markets in an array of fields including project finance and development; compliance with state and federal regulations; mergers and acquisitions; and, where necessary, litigation. We represent independent power producers, including sponsors, lenders and developers in conventional and renewable power and integrated power projects. We represent our clients before various regulatory agencies, including FERC and CFTC.
Chairs
- Jennifer Michel (Managing Partner) - Jenny.Michel@lewisbrisbois.com, 337.205.4739
- Andrew Pidgirsky (Partner) - Andrew.Pidgirsky@lewisbrisbois.com, 832.548.3015
- Jesse Zirillo (Partner) - Jesse.Zirillo@lewisbrisbois.com, 412.752.7267