On behalf of our clients, we regularly mediate and arbitrate acquisition and contract disputes before accounting firms, the CPR Institute, the American Arbitration Association (of which we are a sustaining member) and other arbitration organizations, such as JAMS/Endispute.
Commercial and Contract Litigation
Schiff Hardin has litigated substantial, multi-million dollar commercial and contract cases for:
- Electric power marketing contracts
- Breach of open access transmission tariffs
- Breach of national gas sales agreements
- Breach of government contracts for disposal of spent nuclear fuel
- Force majeure disputes and similar matters
We are actively defending allegations that an energy industry client breached its obligations under a contract to divest certain gas exploration and production assets, and we have negotiated resolution of disputes arising from the construction of a merchant cogeneration plant in an effort to avoid contested proceedings.
We have longstanding experience representing our energy industry clients in disputes arising from alleged breaches of fuel procurement agreements, including coal and rail contracts. In light of bottlenecks for rail lines running from Wyoming, and resulting dislocations in the marketplace, our expertise in these matters may be of increasing importance to our energy industry clients.
Securities, Commodities and Antitrust
We regularly represent clients before the Securities and Exchange Commission (SEC), Federal Trade Commission (FTC),and Commodity Futures Trading Commission (CFTC). Our clients include corporations, partnerships, directors, officers and other parties in class, derivative and other litigation involving charges of fraud, inadequate disclosure, and breach of fiduciary duty under securities laws and regulations. Our antitrust litigators have represented energy industry clients against claims under the Sherman Act and the Robinson-Patman price discrimination statutes in connection with false price reporting matters in the natural gas industry.
Environmental Civil Litigation and Toxic Torts Litigation
We served as lead trial counsel in the New Source Review environmental enforcement actions filed by the Environmental Protection Agency (EPA) against a power plant and have recently been involved in contested disputes involving creosote on utility poles and alleged fly ash contamination of water resources. We also have a leading national practice in the defense of asbestos claims for an array of Fortune 500 clients.
Schiff Hardin also represents clients on Capitol Hill. With more than 80 years of cumulative experience working on legislative matters, our lobbyists have worked with grassroots coalitions and key committee staff on:
- Securing funding for federal agencies that market power to clients
- Drafting key utility provisions of the Telecommunications Act of 1996
- Negotiating amendments addressing corporate utility structure in the Energy Policy Act of 2005
- Seeking innovative solutions for clients with policy concerns with federal agencies