Energy and Utilities

Represented the buyer, an engineering consulting firm and leading provider of prefabricated and preassembled systems, in its $7.5 million acquisition of a company primarily engaged in the design, fabrication, installation, calibration and supply of production equipment and services in the oil and gas industry. The acquisition enabled the client to expand its service offerings and bring certain services in-house.

Assisted client in securing electrical power transmission line easements by negotiation and condemnation. Despite having an original list of 80 parcels of land, the team settled the majority on a compressed timeline and went to hearing on just four parcels, all of which were ultimately resolved in our client’s favor.

Corporate and M&A counsel to a Colorado-based energy exploration and production company in connection with upstream and midstream activities, as well as strategic corporate matters, including a $200 million private equity investment, acquisition and divestiture of oil and gas assets with an aggregate value in excess of $300 million, and the development of gas gathering and processing facilities in the Williston Basin, North Dakota.

Represented WideOpenWest, a cable TV, internet and phone provider, before a panel of arbitrators on dueling breach of contract claims after WideOpenWest terminated its agreement with ad partner Viamedia in the midst of the COVID-19 pandemic. In the arbitration, Viamedia contended that the pandemic, as a force majeure event, excused its failure to pay WideOpenWest. The panel found Viamedia liable for breach of contract and awarded WideOpenWest nearly $3 million in damages, plus attorneys’ fees and costs.

Served as real estate counsel in approximately $10 million acquisition of mining operations and associated real estate in southwest Missouri, including negotiation of the purchase and sale agreement; drafting and negotiation of several new easement agreements for cross access, utilities and rights of way; negotiation of new mineral leases; and extensive title and survey review of approximately 880 fee-owned acres and approximately 1,000 leased acres of real estate.

Assisted client in securing transmission line easements by negotiation and condemnation.

Served as co-counsel to Peabody Energy, the largest private-sector coal company in the world, in its Chapter 11 bankruptcy proceedings.

Served as co-counsel to the debtor, coal company Armstrong Energy, in its Chapter 11 bankruptcy proceedings.

Assisted utility client with onboarding of and capital investments in startup technology companies as part of accelerator program in coordination with a local university and capital investors. Assisted with closing investments in more than a dozen program participants.

Representation of Fortune 150 petroleum and pipeline corporation in third-party multimillion-dollar environmental litigation arising out of operation of petroleum refinery in Illinois. Claims involve assessment of damages and assignment of third-party liability under the Illinois Environmental Protection Act and Illinois Contribution Act.

Representation of public utilities in the defense of preference actions. 

Obtained dismissal of environmental claims against a client in the energy industry. Because the lawsuit in question was filed after the client filed its Chapter 11 reorganization plan, the U.S. Bankruptcy Court granted the client’s motion to enforce the release and injunction provisions in the confirmed plan. As a result, the court dismissed the causes of action with prejudice.

Defended company that received two willful citations under OSHA lead standard when manufacturing with leaded brass. OSHA withdrew both willful citations.

Defeated actions for declaratory judgment and injunction in the Circuit Court of Franklin County, Missouri, that permitted the clearing of properties for an oil pipeline in an upscale residential community.