Energy/Utility
As an attorney, mediator and arbitrator, Cecilia H. Morgan has gained extensive experience in matters involving issues related to energy, renewables, and oil and gas. She has represented parties and companies involved in the oil and gas industry. As a full-time neutral, Ms. Morgan has mediated and arbitrated a wide range of disputes arising out of the energy industry.
As a result, Ms. Morgan has gained a working knowledge of the industry’s practices, language and laws. She regularly tracks the daily rig count and the price of oil, gas and other minerals as she reviews Statements of Oil and Gas Payments and Oil & Gas Revenue Details.
She has mediated, arbitrated or facilitated more than 3000 cases in many different areas of law in Texas and 31 other states since 1991. She regularly remediates litigated matters from state and federal courts.
Representative Matters
- Mediation of credit and security agreement and AAPL Form 610 - 1982 Model Form Operating Agreement. Dispute between operator, non-operator and bank over $88.8 million in assets. Breach of contract; gross negligence; breach of fiduciary duty; equitable subordination; fraudulent transfer pursuant to 11 U.S.C. § 548; fraudulent transfer pursuant to Section 24.00(a) of the Texas Uniform Fraudulent Transfer Act; recovery of avoided transfers under 11 U.S.C. § 550; disallowance of all claims under 11 USC § 502(d); and Tex. Civ. Prac. & Rem. Code § 38.001(8) attorneys’ fees claim.
- Mediated environmental claim against pipeline operator for cleanup costs from pipeline leaks and personal injuries arising from site pollution
- Multi-day mediation between siblings—with $60,000 per month of royalty income held in trust from oil and gas properties in Texas and Oklahoma— involving partition of real property, division of personal property, partition of surface interests; dividing, distributing and exchanging properties including assignment of Oklahoma Indian leases; IRS Code § 1031 like kind exchange
- Mediation between U.S.-trained Guianan National engineer over working conditions on offshore rig in Gulf of Mexico
- Mediation in Oklahoma of dispute between sole female engineer in field servicing office over alleged discriminatory working condition
- Mediation of dispute between self-taught, high school graduate mechanic over termination arising from prior criminal conviction. Termination was particularly difficult for employer given that employee had improved several pieces of oil field equipment in his shop.
- Mediated case between truckers and oil field service company supplying oil and gas equipment to fracking operations in Texas, Oklahoma, New Mexico and Louisiana
- Mediated and arbitrated numerous employment disputes between employees and oil and gas companies with fields in Oklahoma, Texas, Alaska, Colorado, Nigeria, Iraq and Afghanistan
- Mediated family settlement agreement between husband and wife over shares in closely-held oil field servicing company. Husband’s separate property interest included stake in oil and gas royalties, surface rights and wind turbine farm. Division of assets was equalized to compensate wife for husband’s separate property.
- Mediated dispute over royalties between sister and brother, both third-generation royalty owners, after death of siblings’ mother in car accident
- Arbitration arising from serious oil field-related injuries sustained on rig in Central Texas
- Arbitrated claim of engineer who suffered heart attack on off-shore rig in Gulf of Mexico, requiring helicopter evacuation
- Franchise dispute arbitration between generator supplier and manufacturer over attempt to cancel franchise agreement
- Wrongful termination dispute between former oil field worker and employer following alleged altercation on rig site that led to worker’s dismissal
