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  1. Capabilities

Energy Industry Litigation & Investigations

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  • Overview

Key Contacts

Walter M. BergerTom MillarMichael Murphy
View Our Full Team

With our reputation as a trial lawyers’ firm serving as our foundation, we advocate for a variety of power producers, oil and gas companies, and oilfield services providers in high-stakes litigation throughout U.S. district and appellate courts. We also handle sensitive investigations, contentious regulatory and enforcement issues, and arbitration. Our bench is stacked with innovative legal and commercial problem solvers, many of whom came to Winston from in-house positions, amplifying their appreciation for C-suite complexities. By combining our knowledge of the energy industry with first-rate trial skills, and the experience our practitioners have gained from learning our clients’ businesses, we are positioned to obtain the best result for our clients efficiently—whether in the courtroom or a negotiated solution.

The firm’s litigators are routinely involved in high-stakes investigations and litigation on behalf of the firm’s energy sector clients. Our experience in the power sector includes contentious matters concerning the construction of power projects, regulatory issues (including FERC enforcement), PPAs, leases and easements, hedge agreements, and other types of agreements involved in power projects. With respect to oil and gas, the team routinely handles disputes involving contracts, general business issues, business torts; securities; royalty class actions; conflicts arising out of construction projects; pipeline easement disputes; environmental contamination; patent infringement; labor and employment; product liability; and personal injury matters. We also represent major energy corporations in international arbitration matters.

Key Contacts

Walter M. BergerTom MillarMichael Murphy
View Our Full Team

Areas of Focus

Our attorneys regularly represent energy clients in breach of contract and contract interpretation disputes arising from supply and transportation contracts, as well as asset purchase, power purchase, project development, and partnership agreements. We also represent energy companies in class actions, other commercial litigation, and lawsuits brought by third parties on the back of enforcement proceedings.

We routinely represent large and mid-size energy companies in investigations and audits undertaken by FERC enforcement personnel. We further counsel our clients on compliance issues and effective compliance plans that can avoid or minimize adverse findings from an audit or investigation. With the same goal in mind, we also have drafted self-reports that accurately describe potential violations but explain mitigating factors. Our representation includes undertaking independent investigations to determine whether company personnel violated the Federal Power Act, Natural Gas Act, Energy Policy Act of 2005, relevant tariffs, or market rules.

As a leader in the energy sector, we regularly put our experience to work for the world’s top energy companies, responding to their most important intellectual property needs in patent, copyright, trademark, and trade secrets matters.

Nearly half of our IP attorneys have technical degrees—including mechanical engineering, chemical engineering, and petroleum engineering—and our litigation and trial experience is enhanced by our command of complex technical and legal issues inherent to intellectual property matters. Our IP litigators regularly handle patent infringement matters involving a wide range of oil and gas technologies. We also have handled significant technical trade secret and copyright cases in this industry.

We have substantial experience in the prosecution of commercial arbitrations throughout the world, managing cases with lawyers and experts in various jurisdictions, while cooperating closely with clients’ in-house counsel. We have handled virtually all types of commercial arbitrations in a wide variety of energy industry segments, including utility projects, infrastructure and construction, oil and gas, and power.

Armed with a deep bench of experienced lawyers and a unique combination of industry experience, extensive trial practice, and expansive technical knowledge, our product liability team regularly defends multinational energy companies, their products, and their reputations in high-stakes litigation. We have successfully defended alleged toxic tort claims, as well as claims for property damage and personal injury related to oilfield operations, waste management claims, and alleged failure of equipment used in the energy sector and related industrial operations. We vigorously defend these and other claims, including those related to the purported impact of chemical compounds such as microplastics, take cases to trial, and win, which gives our clients confidence in a successful outcome, as well as tremendous settlement leverage.

Related Capabilities

Class Actions & Group Litigation
Commercial Litigation & Disputes
Environmental, Social & Governance (ESG)
Environmental
Environmental Litigation & Enforcement
International Arbitration
International Trade
Litigation/Trials
Product Liability & Mass Torts
Government Investigations, Enforcement & Compliance
Intellectual Property
Energy
Energy Regulatory & FERC

Notable

Recognized as Leading Energy Lawyers

Lawdragon 500

“Routinely involved in high-stakes litigation for prominent clients.”

The Legal 500 US

Top Law Firm for Energy & Mining

Latinvex 2023
Lawdragon 500

Recognized as Leading Energy Lawyers

The Legal 500 US

“Routinely involved in high-stakes litigation for prominent clients.”

Latinvex 2023

Top Law Firm for Energy & Mining

Client SuccessWinston Brings High-Exposure Breach of Contract Case Against Client Pioneer Natural Resources to an End with A Stunning, Precedential Summary Judgment Victory
We secured a major win for Pioneer Natural Resources, a Fortune 150 company, on summary judgment in a high-stakes breach of contract case brought by MIECO LLC, alleging failure to supply natural gas during Winter Storm Uri.
Learn More
Client SuccessWinston Brings High-Exposure Breach of Contract Case Against Client Pioneer Natural Resources to an End with A Stunning, Precedential Summary Judgment Victory
We secured a major win for Pioneer Natural Resources, a Fortune 150 company, on summary judgment in a high-stakes breach of contract case brought by MIECO LLC, alleging failure to supply natural gas during Winter Storm Uri.
Learn More
Institute for Energy Law Hot Topics in Energy Litigation
Partner Michael Murphy spoke on a panel titled “ Hot Topics in Energy Litigation” during the Institute for Energy Law’s 74th Annual Energy Law Conference. The panelists discussed emerging trends and issues in energy litigation relating to those changes, including disputes relating to crypto mining, energy transition, cybersecurity, and more.
Read Key Takeaways
Institute for Energy Law Hot Topics in Energy Litigation
Partner Michael Murphy spoke on a panel titled “ Hot Topics in Energy Litigation” during the Institute for Energy Law’s 74th Annual Energy Law Conference. The panelists discussed emerging trends and issues in energy litigation relating to those changes, including disputes relating to crypto mining, energy transition, cybersecurity, and more.
Read Key Takeaways

Related Insights & News

View All Insights & News
Recognitions
Winston Attorneys Featured on the 2025 Lawdragon 100 Lawyers You Need to Know in South America List

March 21, 2025

Sponsorship
Winston Sponsors the 13th ITA-IEL-ICC Joint Conference on International Energy Arbitration

January 16, 2025

Recognitions
Winston Merits 98 Tier 1 Rankings in the 2025 Edition of Best Law Firms®

November 7, 2024

Article
Environmental Protection Agency Issues New Civil and Criminal Environmental Enforcement Policy

July 15, 2024

Sponsorship
Winston & Strawn Sponsors Enterprise GC 2024 Conference

April 29, 2024

Sponsorship
Winston & Strawn Sponsors ABA ILS Energy Conference

February 27, 2024

Recognitions

Winston Attorneys Featured on the 2024 Lawdragon 500 Leading Energy Lawyers List

February 16, 2024

Speaking Engagement
Winston Supports SOBAL Conference 2023

November 30, 2023

Client Success
Winston Brings High-Exposure Breach of Contract Case Against Client Pioneer Natural Resources to an End With a Stunning, Precedential Summary Judgment Victory

February 15, 2023

Webinar
Winston & Strawn’s 2022 Health Care & Life Sciences Summit

May 10-12, 2022

Recognitions
Michael Murphy Selected to Serve as Faculty at the ABA Litigation Section’s Diverse Lawyers Trial Academy

April 21, 2022

In the Media
Mike Blankenship Discusses Force Majeure Amidst a Potential Statewide Proration of Oil Production

April 8, 2020

Recognitions
Winston Attorneys Featured on the 2025 Lawdragon 100 Lawyers You Need to Know in South America List
March 21, 2025
Sponsorship
Winston Sponsors the 13th ITA-IEL-ICC Joint Conference on International Energy Arbitration
January 16, 2025
Recognitions
Winston Merits 98 Tier 1 Rankings in the 2025 Edition of Best Law Firms®
November 7, 2024
Article
Environmental Protection Agency Issues New Civil and Criminal Environmental Enforcement Policy
July 15, 2024
Sponsorship
Winston & Strawn Sponsors Enterprise GC 2024 Conference
April 29, 2024
Sponsorship
Winston & Strawn Sponsors ABA ILS Energy Conference
February 27, 2024
Recognitions

Winston Attorneys Featured on the 2024 Lawdragon 500 Leading Energy Lawyers List

February 16, 2024
Speaking Engagement
Winston Supports SOBAL Conference 2023
November 30, 2023
Client Success
Winston Brings High-Exposure Breach of Contract Case Against Client Pioneer Natural Resources to an End With a Stunning, Precedential Summary Judgment Victory
February 15, 2023
Webinar
Winston & Strawn’s 2022 Health Care & Life Sciences Summit
May 10-12, 2022
Recognitions
Michael Murphy Selected to Serve as Faculty at the ABA Litigation Section’s Diverse Lawyers Trial Academy
April 21, 2022
In the Media
Mike Blankenship Discusses Force Majeure Amidst a Potential Statewide Proration of Oil Production
April 8, 2020
View All Insights & News
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