Business Litigation Lawyers for Oil & Gas Companies

We serve clients throughout the oil and gas industry nationwide. If your company is facing litigation, we can help guide the way forward.

Attorney Nick Oberheiden
Oil & Gas Companies
Team Lead

Companies in the oil and gas industry face more than their fair share of litigation risks. Virtually all aspects of their operations entail legal issues, and they can face lawsuits and investigations involving an extraordinarily broad range of claims and allegations. As a result, while oil and gas companies can take steps to mitigate their risk of litigation, they must also be prepared to face litigation head-on.

At Oberheiden P.C., we serve as both plaintiff’s counsel and defense counsel for companies in the oil and gas industry. Our senior attorneys are all highly experienced, and they have taken hundreds of cases to trial. We serve clients involved in all segments of the industry; and, with our attorneys’ litigation experience, we are able to offer strategic and effective representation for all civil, commercial, and governmental matters.

Types of Oil & Gas Litigation We Handle

Oberheiden P.C. is a firm with business litigation lawyers for oil & gas companies. Within our oil and gas litigation practice, we provide representation for all types of private-party disputes and governmental enforcement actions. This includes serving as litigation counsel for matters involving:

Lease Disputes

We represent oil and gas companies as well as private property owners in lease disputes involving issues ranging from the nature of the lease itself (i.e. whether the lease allows for exploration, drilling, and/or production) to production quantities and the lease fees that are owed. Our oil and gas litigation attorneys are able to handle matters involving bidding disputes, termination rights, force majeure, and other lease-related matters as well.

Mineral and Royalty Disputes

We also represent parties on both sides of mineral and royalty disputes. These disputes often hinge on the specific wording of the relevant contract terms, and ensuring appropriate interpretation of the parties’ agreement can be the difference between holding a zero percent interest and having the exclusive right to profit from the mineral rights in a leased property. We handle royalty calculation disputes and disputes between owners of participating and nonparticipating royalty interests as well.

Oilfield Litigation

Oilfield litigation can involve a variety of different issues, and there are often multiple parties involved. As a result of their experience, our attorneys are well-equipped to handle this type of complex litigation on behalf of oil and gas companies, pipeline companies, construction companies, oilfield services companies, joint ventures, and other entities.

Surface Disputes

Surface disputes involving easements, lessee rights, and other issues can bring exploration, extraction, and production operations to a standstill. As a result, a prompt and effective approach is required. When engaged to favorably resolve surface disputes, we work closely with our clients to identify and understand the specific rights, interests, and legal issues at hand, and then we execute targeted defense strategies focused on protecting our clients’ interests and preserving or restoring their operations as efficiently as possible.

Environmental Litigation

Companies in the oil and gas industry will frequently find themselves facing environmental litigation. We represent companies in private civil litigation as well as matters involving the U.S. Environmental Protection Agency (EPA). This includes matters under the Clean Air Act, Clean Water Act, Comprehensive Environmental Response, Compensation and Liability Act (Superfund), Endangered Species Act, Energy Policy Act, and the Marine Protection, Research, and Sanctuaries Act, among many other state and federal statutes.

Class, Collective, and Representative Action Litigation

Oil and gas companies (and other entities in the oil and gas industry) can face class, collective, and representative action litigation on various grounds. We have the resources and capabilities required to defend companies in these types of cases on a nationwide scale. This includes cases in the environmental and employment arenas, as well as mass tort claims involving allegations of exposure to contaminated water and other dangerous substances.

General Contract and Commercial Disputes

In addition to handling litigation involving issues that are unique to the oil and gas industry, we represent companies in general contract and commercial disputes as well. This includes everything from disputes arising out of equipment leases and purchase agreements to litigation with vendors, suppliers, customers, and competitors. We also represent oil and gas industry clients in litigation involving intellectual property rights, cybersecurity breaches, antitrust and securities issues, and other business issues.

Employment Litigation

Employment litigation presents risks for companies of all sizes and in all segments of the oil and gas industry. We defend companies in litigation involving allegations of harassment, wrongful termination, labor law violations, wage and overtime violations, paid leave violations, workplace injuries, and other similar types of claims. When warranted, we also represent employers as plaintiff’s counsel in litigation to enforce employees’ (and often former employees’) confidentiality, non-competition, and non-solicitation obligations.

Shareholder and Fiduciary Litigation

Shareholder and fiduciary litigation can present significant risks for companies in all companies. In the oil and gas industry, these types of disputes can threaten to disrupt operations, jeopardize contracts, and lead to both legitimate and illegitimate corporate losses. We represent companies in all types of shareholder litigation and fiduciary matters, including disputes between shareholders, shareholder derivative actions, and litigation against company board members and executives.

Regulatory and Enforcement Litigation

Oil and gas companies are subject to numerous regulatory and compliance obligations, and failure to meet these obligations (or even the perception of such a failure) can lead to enforcement action by various federal agencies. We have significant experience on both sides of federal regulatory and enforcement litigation (several of our attorneys are former federal prosecutors), and we are able to provide representation for matters involving the U.S. Department of Justice (DOJ), Bureau of Land Management (BLM), Environmental Protection Agency (EPA), Federal Bureau of Investigation (FBI), Federal Energy Regulatory Commission (FERC), U.S. Citizenship and Immigration Services (USCIS), U.S. Department of Energy (DOE), and other agencies.

Why Choose Oberheiden P.C. for Oil & Gas Litigation?

There are lots of law firms that represent companies in oil and gas litigation. So, why should your company choose Oberheiden P.C.?

We are a Texas-Based Law Firm. We serve clients nationwide, but with offices in Dallas and Houston, we understand the local oil and gas industry. We are familiar with the state and federal courts in Texas, and we are available on the ground 24/7.
We Have Nationwide Capabilities. While our staffed offices are in Texas, we have nationwide capabilities. We have local counsel in major cities across the country, and we routinely represent companies in jurisdictions from California to New York.
All of Our Litigation Attorneys have Senior-Level Experience. Unlike most other law firms that employ legions of junior associates to handle the bulk of the work in litigation, all of our attorneys have senior-level experience. This means that every aspect of your company’s case will be handled by attorneys who have been there before.
We Prioritize Accessibility and Client Service. Our clients’ needs are our top priority. Our attorneys are available to our clients around the clock, and we do what is necessary to effectively represent our clients regardless of what the circumstances demand.
We Have a Proven Record of Success in Litigation. Our track record speaks for itself. Our attorneys have won significant cases in jurisdictions throughout Texas and across the country, and we have resolved countless matters in our clients’ favor without going to court.

FAQs: Mitigating Costs and Risks in Oil & Gas Litigation

When is it Time to Engage Litigation Counsel for an Oil and Gas Dispute?

If your company is facing any type of legal dispute, if a dispute appears to be imminent, or if your company is facing a federal investigation, it is time to engage litigation counsel. Taking a proactive approach can significantly reduce the costs and risks involved, and it can facilitate a favorable pre-litigation outcome in many cases.

Is it Common for Disputes in the Oil and Gas Industry to Be Resolved Via Settlement?

Yes, as with most types of disputes, it is common for disputes in the oil and gas industry to be resolved via settlement. With that said, fully-litigated disputes are not uncommon, and there is a large body of case law surrounding leasing, mineral rights, surface rights, oilfield services, environmental compliance, and other issues that are specific to oil and gas. Companies must be prepared to do what is necessary to protect their financial interests (and those of their shareholders)—and in some cases this will mean litigating a case through trial.

What are the Potential Outcomes of Federal Enforcement Action Targeting Oil and Gas Companies?

Federal investigations and enforcement actions targeting oil and gas companies can have outcomes ranging from no liability to substantial civil liability or even criminal prosecution. If your company is being targeted by federal authorities, it will need to engage defense counsel promptly.

Speak with an Oil & Gas Litigation Attorney at Oberheiden P.C.

If you would like more information about our oil and gas litigation practice, we encourage you to get in touch. To speak with one of our senior litigation attorneys in confidence, please call 888-680-1745 or request a complimentary consultation online today.