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Practice Emphasis
Gardere has distinguished itself in the chemical and refining industry representing Fortune 500® and mid-market companies with innovative litigation strategies and proven, effective transaction counseling. Our seasoned team includes attorneys and technical specialists with advanced education and vital work experience in chemical, petroleum, mining, and other engineering fields. We also consult with attorneys in other practice areas to bring the right mix of industry knowledge and legal expertise to bear on client issues. Success in these industries requires innovative strategies, high technology, effective litigation strategies, property protection, and streamlined operations. In an industry faced with cyclical supply and demand, fluctuating energy prices, and international competition, Gardere’s industry knowledge together with its sophisticated transactional and litigation services provide the basis for a winning formula for clients.
Gardere chemical and related experience includes:
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Complex and Multiparty Litigation
- Complex business lawsuits
- Lawsuits involving contract formation and compliance, commercial agreements and transactions, force majeure, joint ventures, computer system integration claims, infrastructure projects and construction, trade secrets, insurance coverage, indemnity, pricing issues and antitrust
- Class actions
- Multidistrict litigation and environmental class action cases with multiple parties
- Toxic tort litigation
- Workplace exposure cases
- Benzene, asbestos, vinyl chloride, styrene, pesticides and silicosis
- Environmental litigation
- Regulatory litigation including a recent argument to the U.S. Supreme Court
- Underground water contamination
- Superfund litigation
- Patent litigation
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Major Infrastructure Projects/Development, Construction and Procurement/Operations
- Major infrastructure projects involving pipelines and power projects with values in the $2-$3.5 billion range
- In-fence co-generation facilities
- Engineering, procurement and construction contracts
- Operations and maintenance agreements
- Service agreements
- Common facilities agreements
- Contracts for specially manufactured infrastructure components
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Combinations and Divestitures
- Acquisition and divestiture agreements for facilities engaged in the separating, fractionalization, and refining of natural gas and liquid hydrocarbons
- Tax planning
- Joint ventures
- Finance agreements
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Commercial Transactions
- Strategic supply and sales contracts
- Toll processing agreements
- Power purchase agreements
- Off-taker agreements
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Compliance/Internal Investigations/White Collar Crime
- Audit committee and internal investigations
- Commodity price reporting policies
- Compliance with federal, state and local laws and regulations such as the Foreign Corrupt Practices Act, Commodity Exchange Act, environmental laws and permit issues
- Document retention policies
- Price fixing and antitrust
- Operations integrity programs, incident reporting systems and risk management
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Intellectual Property
- Patent prosecution in various arts including chemical engineering equipment, chemical reactions, chemical processes, organic chemistry and polymer chemistry
- Freedom to operate and non-infringement opinions
- Trade secret protection
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Employment
- Resolution of employment and immigration issues
- Union elections, contract negotiation, strikes and labor boycotts
- Wage and hour disputes, including collective actions
- OSHA planning and defense of citations and safety counseling and process preparation
- EEOC and discrimination claims
- Workers’ compensation retaliation claims
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Immigration
- Short- and long-term planning of both permanent and temporary international transfers of personnel for corporate companies
- Obtaining U.S. non-immigrant visas
- Obtaining U.S. permanent residence through employment, investment or family relationships
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Environmental/Permitting and Regulatory Compliance
- Permitting for the release of pollutants into the air, water, groundwater, municipal sewage systems, and municipal and industrial landfills
- Permitting for fungicides, pesticides, insecticides, rodenticides and toxic substances
- Administrative regulatory compliance matters at the state, federal, and local level involving hazardous waste management, wastewater discharges, air emissions, oil pollution and stormwater management
- Environmental risk and compliance issues relating to the acquisition, divestiture and remediation of real property
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Tax Planning/Transfer Pricing
- Local, state, federal and international tax advice in connection with reorganizations, spin-offs, mergers, asset acquisitions and partnerships
- Transfer pricing issues all over the world, but particularly as those issues relate to Japan, Western Europe and Latin America
- Tax disputes
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Insurance
- Litigation, arbitration and negotiation of insurance coverage disputes involving property, business interruption, liability, directors and officers, and errors and omissions coverage
- Policy reviews
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Bankruptcy
- Creditor, debtor and creditor committee work
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Legislative/Regulatory
- Developing and coordinating comprehensive legal, legislative and public relations strategies
- Engaging in direct advocacy with government decision-makers
- Monitoring activities in the legislative and executive branches
- Drafting, analyzing and monitoring bills
- Conducting legislative intent research
- Testifying before legislative committees
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News
April 15, 2013
TexParte Blog Spotlights Gardere's Three Newest Partners - More >
April 05, 2013
Judge Finds in Favor of Gardere Client BP - More >
April 01, 2013
Super Lawyers Spotlights Leslie Robnett's Oil and Gas Regulation Practice - More >
October 25, 2012
Partner David Bates Visits Alma Mater for Energy Talk - More >
September 12, 2012
The Texas Lawbook Covers Longview Energy Win - More > September 10, 2012
Energy Client Wins $95.5 Million and Eagle Ford Shale Expanse - More >
August 21, 2012
KLIF Discusses EPA Ruling with Environmental Chair Rick Faulk - More >
August 17, 2012
Houston Litigators Represent Oilfield Co. in Breach of Fiduciary Duty, Fraud Suit - More >
July 12, 2012
Partner Celeste Yeager Talks FRC with Androvett - More >
July 12, 2012
Partner Larry Stevens Weighs In On Energy Company IPOs - More > July 01, 2012
Pedal Pushers - More >
June 29, 2012
Partner Neil Martin Receives Praise for His Practice - More >
June 23, 2012
Business Journals Feature Partner Doug Eyberg in Industry Trends Piece - More >
June 12, 2012
Jury Rules Longview Directors Breached Fiduciary Duty - More >
May 03, 2012
Houston Partners Richard Faulk and John Gray Earn Burton Award for Legal Achievement - More > March 22, 2012
Partner Rick Faulk Discusses Alien Tort Statute in Androvett Newswire - More >
March 06, 2012
Partner Celeste Yeager Shares Top HR Concerns of 2012 with Hotel News Now - More >
March 05, 2012
Hotel News Now Recaps Partner Celeste Yeager's Remarks at HR in Hospitality Conference - More >
January 26, 2012
Partner Rick Faulk Speaks to Androvett about Supreme Court Arguments - More >
November 23, 2011
Houston Style Magazine Covers Dress for Success Houston's 'A Night Out' - More > November 14, 2011
FOX 26 Talks Dress for Success with Houston Partner Rachel Powitzky Steely - More >
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Press Releases
June 12, 2013
Gardere Welcomes Former EPA Counsel to Dallas Office - More >
April 10, 2013
Gardere Admits Three Attorneys as Partners in the Firm - More >
December 03, 2012
Gardere Partners Honored in 2012 'Who's Who in Energy' - More >
September 11, 2012
Dallas Jury Delivers Win for King Consolidated in Employment Dispute - More >
September 10, 2012
Texas Court Orders Longview Energy Directors Huff, D'Angelo to Return Rights, Proceeds from Eagle Ford Shale Play - More > September 10, 2012
Texas Super Lawyers Recognizes 49 Gardere Attorneys - More >
September 10, 2012
Gardere Represents BP in Sale of Gulf of Mexico Assets to Plains Exploration and Production Company - More >
August 22, 2012
Best Lawyers 2013 Recognizes 52 Gardere Attorneys - More >
July 26, 2012
Gardere Partner Celeste Yeager Wins Wyoming OSHA Case Related to Oilfield Safety - More >
July 19, 2012
H Texas Magazine Honors Gardere Attorneys in Houston's Top Lawyers List 2012 - More > June 27, 2012
Gardere Represents BP in Sale of Jonah Gas Properties in Wyoming to LINN Energy - More >
May 01, 2012
Gardere Partner Celeste Yeager to Participate in Cornell University's Labor and Employment Roundtable - More >
April 27, 2012
Gardere Partners Richard Faulk and John Gray Earn Distinguished Legal Writing Award - More >
April 24, 2012
Gardere Environmental Partner Fran Phillips Elected to Board of EPA Alumni Association - More >
April 19, 2012
Gardere Litigation Chair Richard Faulk to Discuss Scientific Evidence at George Mason Judicial Symposium - More > March 21, 2012
Gardere's Richard Faulk to Address Alien Tort Statute Liability at International Law Institute - More >
March 09, 2012
Texas Rising Stars 2012 Listing Includes 18 From Gardere - More >
March 07, 2012
Gardere Represents BP in Sale of Hugoton Basin Properties to LINN Energy, LLC - More >
February 01, 2012
Gardere Litigation Chair Rick Faulk Presents Mock Supreme Court Argument at University of Houston Law Center - More >
December 06, 2011
Gardere Partner Richard Faulk Joins Hydraulic Fracturing Panel in Dallas - More > November 29, 2011
Gardere Partners Selected to 'Who's Who in Energy' - More >
November 07, 2011
Gardere Partner Richard Faulk Joins 'Appellate Practice Essentials' Panel - More >
November 01, 2011
Gardere Earns National Honors in Best Law Firms Survey - More >
October 20, 2011
Gardere Represents Boardwalk in Acquisition of Petal and Hattiesburg Gas Storage Facilities - More >
October 18, 2011
Gardere Partner Richard Faulk to Speak at Annual Judicial Symposium on Civil Justice Issues - More > October 06, 2011
Gardere's Fran Phillips Named 2012 Dallas Best Lawyers Environmental Law Lawyer of the Year - More >
October 05, 2011
Gardere Litigation Chair Richard Faulk Lends Expertise to Appellate Treatise - More >
September 13, 2011
47 Gardere Attorneys Named to Texas Super Lawyers - More >
September 12, 2011
The Best Lawyers in America 2012 Recognizes 43 Gardere Attorneys - More >
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December 14, 2012
Now You Too Can Afford to Litigate Small Cases! - Gardere Trial Alert - More >
August 02, 2012
Protecting Fiduciary Duty – Gardere Corporate Alert - More >
June 29, 2012
Court Sustains EPA Greenhouse Gas Regulations – Gardere Environmental Alert - More >
May 07, 2012
Judge Reverses His Recent Texas District Court Ruling, Says Collecting Sales Tax on Oil and Gas Equipment Is Proper – Gardere Energy Alert - More >
April 20, 2012
Recent Texas District Court Ruling on Sales Tax on Oil and Gas Equipment Creates Opportunity, Risks for Industry – Gardere Energy Alert - More > March 08, 2012
Court Upholds NLRB Poster Rule, But Finds Fault with Penalty Provisions - Labor and Employment Alert - More >
February 17, 2012
Fifth Circuit Upholds Louisiana Mineral Lien (Privilege) of Subcontractors Against Subsequent Mineral Owner for Offshore Platform Removal - Energy Alert - More >
March 24, 2010
Study of Texas Environmental and Energy Legislative Issues Announced - Legislative Alert - More >
March 25, 2009
Environmental Action Report (Multiple Topics) - March 2009 - More >
February 03, 2009
EPA Proposes New Storm Water Regulations for Construction Industry - Environmental Alert - More > February 03, 2009
Environmental Action Report (Multiple Topics) - February 2009 - More >
December 18, 2008
Environmental Action Report (Multiple Topics) - December 2008 - More >
November 06, 2008
TCEQ Changes Cleanup Rules for Storage Tank Sites - Environmental Alert - More >
November 05, 2008
SBA Requires Due Diligence - Gardere Environmental Alert - More >
October 20, 2008
Environmental Action Report (Multiple Topics) - October 2008 - More > September 29, 2008
Environmental Action Report (Multiple Topics) - September 2008 - More >
August 01, 2008
Environmental Action Report (Multiple Topics) - July 2008 - More >
June 30, 2008
Environmental Action Report (Multiple Topics) - June 2008 - More >
October 04, 2007
Climate Change Task Force Formed - Climate Change Alert - More >
May 07, 2007
Environmental Action Report (Multiple Topics) - May 2007 - More > June 28, 2006
Supreme Court Interprets "Discharge" Under Clean Water Act - Construction Alert - More >
November 05, 2005
Environmental Action Report (Multiple Topics) - November 2005 - More >
July 01, 2005
Texas Supreme Court Clarifies State Superfund Law: Allows Contribution Claims For Voluntary Clean Up - Environmental Report - More >
September 30, 2004
EPA Proposes Changes To Due Diligence Standards - Environmental Alert - More >
February 29, 2004
"As Is" Clauses in Real Estate Contracts May Not Protect Sellers Under the Texas Solid Waste Disposal Act - Environmental Alert - More > February 28, 2003
Court Of Appeals Rejects Novel Theory Of 'Passive Disposal' For Criminal Prosecution - Environmental Alert - More >
December 08, 2002
Gardere Defeats U.S. Justice Dept. and Cooper Industries - Environmental Litigation Alert - More >
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Publications
May 22, 2013
 "Are We There Yet": Permitting General Solicitation or General Advertising in Rule 506 Private Placements to Accredited Investors - More >
March 19, 2013
Compliance When Hiring - More >
December 04, 2012
Mexico Amends Federal Labor Law - More >
December 01, 2012
Counseling Employers Throughout the OSHA Investigation Process to Provide the Best Possible Opportunity to Avoid and Appeal Citations - More >
October 30, 2012
Voir Dire - How Important Is It? - More > July 19, 2012
Corporate Governance Problems Facing the Energy Sector - More >
June 11, 2012
Religious Quotes in Email: Violation of Or Protection by Title VII? - More >
May 16, 2012
Stepping Away from the Abyss? Will the Supreme Court Preclude Extraterritorial Application of the Alien Tort Statute? - More >
April 30, 2012
NLRB "Ambush Rule" Takes Effect - More >
April 12, 2012
Brinker Decision on California Meal Periods and Rest Breaks – Helpful for Employers - More > April 02, 2012
Misappropriation of Trade Secrets by Departing Employees or Other Agents - More >
March 21, 2012
ADA Does Not Allow Employees to Hold Their Employers Hostage for Indefinite Periods - More >
March 05, 2012
NLRB Poster Rule – OK; Penalties – Invalid - More >
February 23, 2012
Non-Competes in Texas: No Longer As Difficult to Enforce - More >
February 14, 2012
Embezzlement and Misappropriation of Trade Secrets Lawsuits More Prevalent - More > February 09, 2012
Over a Million Reasons Not to Violate the Securities Laws - More >
February 07, 2012
NLRB Extends Deadline to Post - More >
February 03, 2012
NLRB Social Media Case Report - More >
January 09, 2012
Formulate a Nuanced Response to Patent-Notice Letters - More >
September 22, 2011
NLRB Poster Down Before It Goes Up? - More > August 03, 2011
Texas Employees May Now Bring Guns to Work - More >
July 08, 2011
UPS v. Superior Court: Confirms Two Hours of Penalty Pay Per Day for Meal and Rest Violations in California - More >
June 27, 2011
Is a Public Company Required to Provide its Shareholders a Paper Copy of its Form 10-K? - More >
June 15, 2011
Determining Whether Beneficial Ownership of a Master Limited Partnership's Subordinated Units Should Be Reported Under Section 16 - More >
June 13, 2011
Save the Date - More > June 02, 2011
Providing Projections to Investment Banks in the Face of Regulation FD - More >
April 13, 2011
ADA Amendments Act - More >
March 02, 2011
Third Party Or Associational Retaliation Is Now Actionable Under Title VII - More >
February 02, 2011
Public Companies Should Require Credit Rating Agencies to Agree to Confidentiality Agreements or Provisions - More >
December 31, 2010
An Issuer's Guide to Accessing the Public Markets During a Once Dormant Period - More > October 01, 2010
Texas Margin Tax Update: Potential Opportunities - More >
February 20, 2009
A Lawyer's Look at the Science of Global Climate Change - Daily Environment Report - BNA, Inc. - More >
November 28, 2008
Municipal Settings Designations: An Important New Tool for Redeveloping Contaminated Property - Houston Lawyer - More >
November 28, 2008
A Glorious Mess: Congress' Creation if its Inaction forces EPA to Regulate Climate Change under Existing Laws - Houston Lawyer - More >
November 14, 2008
Environmental Regulations Will Impact Local Industries - Houston Business Journal - More > September 25, 2008
Presidential Candidates' Politics Color their Views on Climate Change - Houston Business Journal - More >
August 20, 2008
Defending Against Climate Change Litigation Threshold Issues - Environmental - Andrews Litigation Reporter - More >
July 25, 2008
Are Unilateral Climate Change Policies Creating the "Perfect Storm"? - World Energy Magazine - More >
July 23, 2008
The Mouse Roars! Rhode Island's Supreme Court Refuses to Expand Public Nuisance Webcast - More >
July 10, 2008
Public Nuisance Causes of Action in Climate Change Litigation - Texas Lawyer - More > July 03, 2008
Alchemy In The Courtroom? The Transmutation Of Public Nuisance Litigation - Michigan State Law Review - More >
June 23, 2008
Document Retention Policies - Updating Your Company's Corporate Governance Policies - Aspatore Books - More >
June 13, 2008
Amicus Brief - American Chemistry Council in Response to Barbara Behringer, et al's Petition for Review - Richard Faulk - More >
May 30, 2008
Stormy Weather Ahead: The Legal Environment of Global Climate Change - Climate Change Task Force Report - More >
November 13, 2007
Climate Change 'Due Diligence' Requires Look at Energy Usage - Houston Business Journal - More > October 12, 2007
"Some" is No Longer Enough in Texas Toxic Tort Cases - Asbestos - Andrews Litigation Reporter - More >
October 01, 2007
Climate Change Task Force Brochure - More >
September 19, 2007
Avoiding Mass Tort Liability in Acquisitions - Mergers & Acquisitions Law Report - BNA, Inc. - More >
July 26, 2007
Judges Impose Reality Check on Public Nuisance Litigation - Washington Legal Foundation - More >
March 26, 2007
Amicus Brief - City of St. Louis v. Benjamin Moore - More > March 19, 2006
Cost Recovery Under CERCLA Section 107 after Cooper v. Aviall' - Daily Environment Report - BNA, Inc. - More >
October 27, 1999
MTBE: Can the Controversy be Contained? Toxics Law Reporter - BNA, Inc. - More >
July 24, 1996
Reforming An Abusive System - Toxics Law Reporter - BNA, Inc. - More >
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Speeches and Presentations
October 19, 2012
The Law of Climate Change - More >
January 19, 2012
University of Houston Law Center Presents a Mock Supreme Court Argument on Climate Change - More >
December 13, 2011
Gas Drilling Operations Conference on Hydraulic Fracturing - More >
November 13, 2011
Annual Judicial Symposium on Civil Justice Issues - More >
November 07, 2011
Gardere Partner Richard Faulk Joins 'Appellate Practice Essentials' Panel - More > September 07, 2011
2nd Conference on the Law of Shale Plays - More >
July 19, 2011
Hydraulic Fracturing: A Battle for the Hearts and Minds of America - More >
March 30, 2011
Chemical and Refining Group Presentation & Cocktail Reception - March 30, 2011 - More >
November 19, 2008
New Developments and Issues as High Technology Impacts the Offshore Sector - More >
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