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Litigation and arbitration

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Bates White has extensive experience in numerous facets of energy litigation and arbitration, including contract disputes; damages estimation; disputes involving energy assets; market manipulation and trading and risk management practices; regulatory proceedings in state, federal, and international venues; market power issues; bankruptcy filings; and international arbitration cases. Using our industry expertise, state-of-the-art analytical tools, rigorous economic and financial analysis, and ability to present complex quantitative analysis in easy-to-understand and compelling terms, we provide the economic support and defensible expert testimony necessary for high-stakes litigation.

Selected Work

  • Provided prefile, deposition, and trial testimony as a rebuttal on behalf of FERC Enforcement Staff in FERC proceedings in the Amaranth market manipulation case
  • Provided expert testimony related to the California power markets during 2000–2001 and allegations of improper bidding behavior. 
  • Analyzed government claims of emissions increases under the New Source Review provisions of the Clean Air Act.
  • Developed econometric models to quantify the impact of alleged accounting fraud on damages arising from an energy company’s bankruptcy. 
  • Provided expert consulting support to a major energy company in a dispute over trading practices, including assessment of trading books, transaction pricing, and trading and hedging strategies and practices, and the effect on trading book value associated with changes in allowable VaR.
  • In a dispute between a major EPC contractor and the plant owner over alleged schedule delays, performance guarantees, and contract termination related to the construction of a co-generation plant, analyzed the evolution of the other side’s pro formas over time to assess motive for contract termination, and modeled the physical operation and financial performance of the co-generation plant for the assessment of damages.
  • On behalf of an equipment manufacturer, evaluated market penetration of client's versus competitor's vehicle fueling equipment following allegations of lost market share due to false advertising.
  • Submitted expert testimony on merits and damages on behalf of the defendant in a dispute over alleged natural gas price manipulation in Gallo v. EnCana.
  • Served as an expert witness in a gas marketing dispute on behalf of an energy marketer. Provided analyses that quantified the forward margins lost by the client due to a dispute with its supplier.
  • Submitted an expert report and deposition testimony in support of the defendants’ opposition to the plaintiffs’ motions for class certification in the matter In re Western States Wholesale Natural Gas Antitrust Litigation.
  • On behalf of JPMorgan Chase in JPMorgan Chase v. Liberty Mutual Insurance Co., provided expert testimony in a civil litigation regarding the enforcement of guarantees of Enron’s performance under a number of forward natural gas sales contracts. 
  • Served as an expert witness on behalf of an LNG supplier seeking a price adjustment under an LNG supply agreement.
  • Served as an expert witness in a gas marketing dispute on behalf of an energy marketer. 
  • Provided expert testimony on the reasons for oil price increases in connection with a contract pricing dispute.
  • Submitted expert testimony on behalf of InterGen in FERC proceedings related to Oklahoma Gas & Electric’s proposed acquisition of NRG McClain.
  • Estimated damages related to allegations of physical natural gas price manipulation, and provided advice to defendants as a consulting expert in support of successful settlement negotiations in a number of indirect purchaser cases.
  • Submitted expert testimony on behalf of the Independent Energy Producers Association on vertical market power in FERC proceedings related to Southern California Edison’s proposed acquisition of a Mountainview, Calif., electricity-generating facility and a subsequent interaffiliate Power Purchase Agreement.
  • Conducted a prudence review of all costs incurred by the Mississippi Power Company, the Mississippi Public Utilities Staff, and several stakeholders on the Kemper County Integrated Gasification Combined-Cycle plant. 
  • Submitted over 50 pieces of testimony, from 2001 – 2016, at FERC to support refunds for purchases in the California electricity markets related to the California Energy Crisis.
  • Retained by an independent power producer in México as subject matter expert in an international arbitration proceeding subject to the International Court of Arbitration of the International Chamber of Commerce. 
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