Tom Stilwell, a member of Sutherland’s Litigation Practice Group, focuses his practice on complex commercial litigation with an emphasis on energy-related matters. He has tried cases in state and federal courts throughout Texas and Louisiana, and he engages in a significant arbitration practice, handling matters in ad hoc and administered proceedings.

Tom’s energy practice includes representing of companies in the upstream, midstream and downstream sectors. Upstream, he has represented various companies in disputes arising from project development controversies, owner/operator disagreements, joint venture agreements, master service contracts, processing and production sales, royalty claims, and transport matters. Midstream, he has represented pipeline owners, operators and shippers in state and federal regulatory matters, assertion of liens, nomination and rate disputes, and carrier/shipper disputes. Downstream, Tom has represented entities in matters involving crude oil and refined products, biofuels, chemical sales, declarations of force majeure, environmental exposure and toxic tort. He also litigates and arbitrates matters involving insurance recovery and insurance coverage for his energy clients in significant commercial loss situations, notably following hurricanes in the Gulf of Mexico.

In the course of representing clients in the oil and gas industry, Tom has reviewed, drafted and negotiated provisions in both domestic and international offshore oil and gas gathering and transport agreements, offshore project development transactions, and operating and master service agreements. Consequently, he regularly consults with and advises clients on the scope and effect of contractual risk shifting provisions including indemnity clauses, anti-indemnity statutes, additional insured provisions, dispute resolution (arbitration) mechanisms, force majeure language, choice of law provisions, forum selection clauses, intellectual property protection, and state and federal regulatory/jurisdictional concerns.

Tom also specializes in emergency relief, particularly in matters involving claims for temporary restraining orders or temporary injunctions. He regularly files and defends injunction proceedings, many involving issues of trademark and trade secret protection, receivership, franchise and distributor disputes, covenants not to compete, confidentiality agreements, and nondisclosure agreements.

Tom regularly contributes to the Offshore Energy Law Blog
(www.offshoreenergylawblog.com), a leading industry source focusing on issues at the intersection of offshore energy and federal policy, regulation and politics.

In addition, Tom serves on Sutherland’s Climate Change law team, working with clients to identify and capitalize on opportunities and respond to business challenges impacted by climate change policies and regulations.