Litigation

King & Spalding litigators combine unparalleled trial experience and deep industry knowledge to litigate all manner of energy disputes. From commercial litigation to construction disputes to tort claims, the firm has a track record of successfully resolving the most complex energy litigation matters.

71 ArticlesLitigation

by: Carol Wood and Kathryn Marietta

Attracting more than 130 attendees from all over the country, King & Spalding’s first Energy Forum for 2017 held at the Houstonian Hotel in Houston tackled one of the most important issues facing the industry: Decommissioning and abandonment of oil and gas assets in upstream operations.Read more

by: S. Shawn Stephens

A Texas court of appeals held that an energy company did not waive the attorney/client privilege through the offensive use doctrine when it filed a lawsuit against the purchasers of properties for their failures to provide the company with . . . Read more

by: Ilan Kotas and William Charnley

Parties routinely agree for the application of English law in energy related contracts. English common law remains unchanged after the UK Brexit vote and a reliable option for parties to resolve disputes.Read more

by: Edward Ripley

The rejection of midstream contracts in energy bankruptcy cases continues to be a significant issue. This article explores how parties have most recently litigated the issue in different matters.Read more

by: Jessica Trevellick and Nina Howell

The English Courts recently confirmed the meaning of the phrase “commencement of drilling” in an oil and gas asset transaction to mean the penetration of the seabed with the drill, and not other preparatory activities. Read more

by: Philip Weems

LNG disputes are on the rise across the globe due to many factors. These disputes involve many types of parties, including buyers, sellers, project sponsors, customers, and governments. This article explores the nature of disputes that are becoming more frequent in the LNG industry.Read more

by: Edward Ripley

The Sabine Bankruptcy Court’s decisions rejecting the gas gathering agreements as executory contracts and determining that certain agreements and commitments are not covenants that run with the land or equitable servitudes continue to affect E&P bankruptcies.Read more

by: Edward Ripley, Mark Wege, Sarah Borders and Thaddeus Wilson

In a case of first impression, the Sabine Oil & Gas bankruptcy court held that a midstream gathering agreement could be rejected by a debtor as an executory agreement. This article explores the decision and its potential impact on the oil and gas industry. Read more

by: Andrew Stakelum

The U.S. Coast Guard recently allowed the use of electronic navigational charts and publications to satisfy its historic “paper” chart requirements. While vessel owners and mariners may welcome this change, careful consideration should be given to the additional requirements imposed on a vessel owner and their associated risks in the event of a marine casualty.Read more

by: Alex Blomfield, Grigori Lazarev and Kelly Nash

The UK Supreme Court has recently clarified the English (and Scottish) law on penalties. In refusing to abolish the rule against penalties, the Supreme Court clarified the correct test for determining whether a provision is penal. Read more