Rachel Clingman, Co-Partner-in-Charge of Sutherland’s Houston office, is nationally-recognized in litigation for energy, transportation and insurance companies and known for her experience in complex litigation, crisis management and related commercial issues. Rachel has counseled executives and boards of directors on how to deal with crises with billions of dollars of exposure and potential criminal consequences, and she has presented executives for litigation testimony and testimony before Congress and investigative entities. Rachel also has been honored regionally and nationally for legal excellence and industry and civic contributions. Regular clients include energy, chemical and transportation companies involved in complex litigation and/or government and regulatory investigations.
REPRESENTATIVE EXPERIENCE
- Energy Litigation. Rachel is currently representing Transocean Deepwater Drilling Inc. in all litigation related to the oil spill in the Gulf of Mexico. This has included testifying before Congress on behalf of the company and presenting witnesses for Congressional testimony. Rachel’s other energy crisis management and litigation work includes offshore claims and litigation arising from hurricanes Katrina, Rita and Ike. She defended a $400M insurance and indemnity dispute arising from loss of production income from an offshore platform following Hurricane Katrina; represented an international drilling contractor in class action litigation arising from an asset sale; represented an international drilling contract in seaman disputes under maritime law and in an injunction and litigation dispute over the terms of an international drilling contract; represented a drilling contractor in contract arbitration regarding the payment of certain fees and expenses in Nigeria; and has defended claims against an international drilling company in environmental lawsuits regarding alleged offshore pollution. She has also defended an E&P and marketing company in arbitration over biodiesel delivery.
- Financial Litigation. Rachel successfully defended a national commodities trading group in trade secret and breach of contract litigation; defeated an injunction action seeking to block a stock sale of an international chemical company; represented an international chemical company in arbitration over a post-closing EBIDTA purchase price adjustment; and has conducted risk assessments in connection with the acquisition of U.S. facilities by an international, foreign-owned chemical company. Rachel defended the first shareholder oppression case tried to a jury in Texas arising out of a dispute among directors and owner of a closely held corporation.
- Insurance. In addition to the offshore energy matters discussed above, Rachel defended against a university’s $300M insurance claim related to rising waters damage under a fine arts insurance policy and pursued a $100M subrogation claim for property damage following the loss of a jack up drilling rig and damage to offshore petroleum pipelines. Rachel has also represented insuring syndicates in claims for $50-plus million in business interruption losses and represented an international air carrier in nationwide litigation, and handled appellate cases before the Fifth and Ninth Circuit Courts of Appeal, in addition to other litigation.
- Trade Secret Litigation. Rachel has defended an international chemical company against claims of trade secret, misappropriation and breach of contract and several national banks in lawsuits arising from varied claims including trade name infringement, fraud and breach of contract and transfer warranties. She also defended a chemical manufacturer in an intellectual property lawsuit related to sodium per carbonate.
PROFESSIONAL HONORS AND AWARDS
- Selected for The American Lawyer’s “45 Under 45” list (2011)
- Honored with BTI Consulting Group’s Client Service Award for delivering unsurpassed client service (2007, 2011)
- Named to Super Lawyers “Top 100 Houston Texas Super Lawyers” list (2011)
- Member, American Board of Trial Advocates (ABOTA) (2010–present)
- Fellow, Litigation Counsel of America (2008–present)
- Selected as a Texas Local Litigation Star by Benchmark Litigation (2010–2012)
- Named 1 of 25 “Extraordinary Women in the Law” by Texas Lawyer (2008)
- Recognized by Chambers USA: Guide to Leading Business Lawyers in the area of transportation law (2008–2010)
- Named to The Best Lawyers in America in the areas of commercial litigation and transportation law (2007–2012)
- Named to the “Top 5 Women in Energy” by Energy Law360 (2007)
PROFESSIONAL AND COMMUNITY INVOLVEMENT
- Member, American Board of Trial Advocates
- Board of Directors, Houston Area Women’s Center (2007–2010)
- Co-Chair, 2010 Annual Benefit for Houston Area Women’s Center
- Member-at-Large, Executive Women’s Partnership Steering Committee, Greater Houston Partnership (2008–present)
- Steering Committee, Women’s Initiative, United Way of Texas Gulf Coast (2007–2011)
- Co-founder, Legal Advisory Board, Children at Risk (2006–2007)
- Advisory Board, World Oil Women’s Global Leadership Conference in Energy and Technology (since inception, 2005–2009)
- Economic Advisory Board, Greater Houston Partnership (2009, 2010)
- United Way of the Texas Gulf Coast’s Alexis de Tocqueville Society (2006–present)
- Advisory Council and Past President, Women’s Energy Network of Houston
- Past Member, Corporate Guild, Dress for Success Houston
- Former Director, Houston Downtown Alliance
RECENT PUBLICATIONS AND SPEAKING ENGAGEMENTS
- Speaker, ACC Webinar: “Risk and Crisis Management: What In-House Counsel Should Know About Preparing for and Managing a Crisis” (December 6, 2011)
- Moderator, “State of the Energy Industry,” National Investor Relations Institute (NIRI): Energy, Oil and Gas Symposium (September 15, 2011)
- Speaker, “Crisis Management,” Women’s Energy Network (July 26, 2011)
- Speaker, “Crisis Management,” ACC Best Practices Committee (April 21, 2011)
- Speaker, “Crisis Management in the Public Eye,” International Association of Claim Professionals (November 18, 2010)
- Speaker, “International Data Privacy,” the International Section of the Texas Bar Association (March 4, 2010)
- Speaker, Foreign Corrupt Practices Act training
- Editor, Litigation Management, American Lawyer Media; Chapter Author, “In-House Counsel Perspectives” and “Multi-District Litigation” (October 2010)
- “Admissibility and Use of NTSB and FAA Reports in Civil Litigation,” Litigating the Aviation Case: From Pre-trial to Closing Argument, 3rd Edition (July 2008)
- “Bank Financing of Terrorism,” InsideCounsel (May 2008)
- “International Terrorism Claims: A Practical Perspective,” Risk Management Magazine (February 2008)
- “Negligence Claims After Terrorist Acts,” Executive Counsel Magazine (February 2008)
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