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James D. Thompson III
James D. Thompson III
Partner — Commercial & Business Litigation
Partner — Commercial & Business Litigation

James D. Thompson III

James D. Thompson III
Houston

Texas Tower
845 Texas Avenue
Suite 4700
Houston, Texas 77002

James D. Thompson III

Experience Highlights

  • (Colo. Dist. – Denver Cnty.) After a three-week trial to the court, secured a $280 million judgment in favor of Antero Treatment while defeating a $118 million counterclaim; the Court found that the defendant fraudulently induced Antero into signing an agreement for the design, construction and operation of a facility for the treatment of produced and flowback water; the Court also found that Antero properly terminated the agreement after the defendant defaulted by failing to construct the facility according to the requirements of the contract

  • (La. Dist. – Orleans Parish) — Secured $125 million judgment following a jury verdict for Huntsman Corporation in its contract dispute with gas supplier, Praxair, Inc.

  • (Colo. Dist. – Denver Cnty.) – Secured a jury verdict for $97 million (net) in damages on behalf of Antero Resources; the defendants failed to take delivery of natural gas under long-term sales agreements forcing Antero to sell the gas at a loss; under the contracts, Antero was entitled to cover damages, but the defendants claimed force majeure; in addition, the defendants filed a counter-claim seeking $37 million in damages; following a two week trial, the jury awarded Antero $97 million (net) in damages, rejected the force majeure defense and rejected the defendants counter-claims

  • (D. Colo.) — Represented an energy company in a dispute regarding whether a Market Disruption Event had occurred under the terms of their long term NAESB contracts for natural gas, impacting price to be paid; the jury unanimously found that the plaintiff breached the contracts and awarded a $60 million (net) verdict in favor of the client

  • (Colo. Dist. – Denver Cnty. and Arbitration) — Secured an arbitration award on behalf of an energy company, which was affirmed by a state district court in Denver, Colorado; claimants were purchasers of natural gas that sought to retrade NAESB gas purchase agreements with the energy company; after a final hearing, the arbitration panel rejected the claimants’ attempt to substitute an alternate index price into the long term contracts 

  • (Tex. App. − El Paso) ; (Tex. Dist. — El Paso Cty.) — Defended a Houston-based energy firm and obtained a favorable jury verdict in a $400 million (net) damage suit arising from the termination of an oil supply contract with a refinery involving claims of usury, breach of contract, fraud, and various business torts; the matter was upheld by the El Paso Court of Appeals, and petition before the Texas Supreme Court was denied

  • (W. Va.) — Representing an exploration and production company on proceedings related to an attempt to enjoin hydraulic fracturing and completion operations on wells drilled on the Ohio River in West Virginia

  • (Colo. Dist. – Denver Cnty.)  — Defended Antero Resources Corporation and Antero Resources Piceance Corporation, working alongside Colorado counsel, to obtain a dismissal of all of the plaintiffs’ claims for failure to comply with the court’s “Lone Pine” order in a toxic tort case arising from drilling, completion, and hydraulic fracturing activities in a residential area; this dismissal is the first of its kind relative to the hydraulic fracturing industry

  • Successfully tried a domestic arbitration under the CPR Rules on behalf of a major oil and gas company involving a dispute among Joint Interest Owners under a model form Joint Operating Agreement and COPAS Accounting Procedure

  • Defended an exploration and production company in a domestic arbitration proceeding involving $6 million in dispute brought by a non-operating working interest owner alleging breach of contract under a Joint Operating Agreement and COPAS Accounting Procedure; this matter, arbitrated before a panel of three arbitrators, resulted in a decision rendered in favor of our client on 95% of the matters in dispute

  • Defended an international exploration and production company in an international arbitration pending before the AAA/ICDR in a $6 million dispute brought by a drilling contractor alleging breach of contract, and involving defenses of force majeure and contract frustration

  • Obtained a favorable arbitral award on all counts in the defense of an AAA/ICDR arbitration arising out of the purchase of more than 20,000 acres of leases in the Utica Shale for $120 million

  • Defended an international exploration and production company in an international arbitration pending before the AAA/ICDR in a dispute brought by a drilling contractor alleging breach of contract and damages in excess of $3 million

  • Tried and obtained a favorable jury verdict in Texas state court on behalf of a domestic oil and gas company, defending against claims of breach of contract, underpayment of royalties, and fraud

  • Represented an independent exploration and production company, along with Colorado counsel, to obtain a order of dismissal for failure to state a claim involving a class action arising from drilling, completion, and hydraulic fracturing activities in a residential area

  • Defended a group of royalty and working interest owners in Texas state court in a title lawsuit brought by dozens of individuals claiming to be the rightful mineral owners to a producing tract of land estimated to be valued at over $500 million; summary judgment was rendered in favor of our client on all issues.This matter was upheld on appeal

  • Currently defending and counseling multiple clients on litigation related to hydraulic fracturing in shale formations and tight sands

  • Defended multiple exploration and production companies in Texas state courts in various lawsuits brought by landowners and royalty interest owners asserting termination of leasehold interests by virtue of alleged cessation of production in paying quantities. Summary judgments were rendered in these matters in favor of our clients; two of these matters were appealed, one to the Corpus Christi Court of Appeals and the other to the San Antonio Court of Appeals, and successfully argued and affirmed without further appeal

  • Defended and/or settled multiple oil and gas exploration and production companies in Texas state court in various lawsuits brought by non-operating working interest owners alleging breach of contract under the COPAS accounting provisions of certain Joint Operating Agreements

  • Defended an oil and gas exploration and production company in a dry hole trespass lawsuit brought by a royalty owner in Texas federal court; summary judgment was granted at the district court level and was upheld on appeal to the Fifth Circuit. No further appeal was taken

  • Defended a large independent oil and gas producer in a False Claims Act lawsuit pending in the Eastern District of Texas relating to natural gas and natural gas liquid royalties

  • Defended domestic energy companies in a False Claims Act lawsuit pending in the Eastern District of Texas relating to the use of “posted prices” in valuing crude oil transactions; this case settled on terms very favorable to our clients

  • Defended multiple clients in Texas federal court in multidistrict litigation comprising a series of cases brought by a purported national class of royalty interest owners alleging antitrust violations, fraud, conspiracy, and breach of contract

  • Defended a large independent oil and gas producer in multiple related lawsuits, both individual and class, alleging underpayment of royalties on natural gas and natural gas liquids

  • Tried and obtained a favorable jury verdict in an accounting malpractice claim in Harris County, Texas

  • Perenco Nigeria Limited v. Ashland Inc., 242 F.3d 299

  • National Steel Corp. v. Scurlock Permian Corp., 95 F.3d 48

  • Benchmark Electronics v. J.M. Huber Corp., 343 F.3d 719

  • El Paso Refining, Inc. v. Scurlock Permian Corp., 77 S.W.3d 374

  • In re SWEPI LP, 103 S.W.3d 578

  • W.T. Carter & Bro. V. Oryx Energy Co., 5 S.W.3d 704

  • Scurlock Permian Corp. v. Brazos County, 869 S.W.2d 478

  • In re Hal G. Kuntz, 124 S.W.3d 179

  • SWEPI LP v. Camden Resources, Inc., 139 S.W.3d 332

  • In re Shell E&P, Inc. and SWEPI, LP, 179 S.W.3d 125

  • Midland Central Appraisal District v. Plains Mktg., L.P., ___ S.W.3d ___

Credentials

  • South Texas College of Law, J.D., 1986
  • Texas A&M University, B.S., Petroleum Engineering, 1981
  • Mobil Oil Corporation, Operations and Reservoir Engineer, 1981–1986; engaged in drilling and reservoir operations, including the design and implementation of secondary and tertiary recovery projects in South and West Texas
  • Chambers USA, Litigation: Energy & Natural Resources (Texas), 2008–2020; Oil & Gas Litigation (Nationwide), 2020–2024
  • Legal 500 U.S., “Leading Lawyer” in Energy: Litigation, 2008–2019; Litigation: Environmental, 2017–2019; Dispute Resolution: M&A Litigation – Defense, 2015, 2020, and 2021; Dispute Resolution: General Commercial Disputes, 2016 and 2018–2024; Energy Regulation, 2019; Dispute Resolution: Securities Litigation: Defense, 2020 and 2021; Energy Litigation: Conventional Power, 2020; Energy Litigation: Oil and Gas, 2018–2021, and 2023; “Leading Lawyer” in Energy Litigation: Oil & Gas, 2018; “Hall of Fame” in Energy Litigation: Oil & Gas, 2020–2024; “Hall of Fame” and “Leading Lawyer” in Energy Litigation: Oil & Gas, 2021; Dispute Resolution: Corporate Investigations & White-Collar Criminal Defense, 2021
  • Selected to the 500 Leading Litigators in America, Lawdragon, 2023 and 2024
  • Selected to the 500 Leading Lawyers in America, Lawdragon, 2022–2024
  • Selected to the 500 Leading Energy Lawyers, Lawdragon, 2023 and 2024
  • The Best Lawyers in America© (BL Rankings, LLC), (Houston): Oil and Gas Law, 2012–2025; Commercial Litigation, 2013–2025; Energy Law, 2022–2025
  • The Best Lawyers in America© (BL Rankings, LLC), “Lawyer of the Year,” Oil and Gas Law (Houston), 2019–2020
  • Legal Media Group’s (Euromoney’s) Expert Guide to the World’s Leading Energy and Natural Resource Lawyers, 2016
  • Euromoney’s Benchmark Litigation, “Local Litigation Star”, in Texas, 2017 and 2018
  • Selected to the Texas Super Lawyers list, Super Lawyers (Thomson Reuters), 2008–2023
  • Advisory Council: College of Geosciences, Texas A&M University
  • Board of Directors: South Texas College of Law
  • Past Co-Chair: Energy Committee, American Bar Association’s Section of Litigation
  • Member: Texas Association of Defense Counsel; Houston Bar Association; Sections of Litigation and Oil and Gas Law, American Bar Association and State Bar of Texas
  • Texas
  • United States Supreme Court
  • U.S. District Courts for the Southern, Eastern, and Western Districts of Texas
  • U.S. Court of Appeals for the Fifth Circuit
  • all Texas state courts
  • “The Future of Hydraulic Fracturing Litigation,” ABA Section of Litigation Annual Conference, April 26, 2013 (author and panelist)
  • “Hydraulic Fracturing: The Litigation and Transactional Issues Presented by Hydraulic Fracturing and the Implications for Clean Energy Policy,” American Bar Association Annual Meeting, August 2 – 7, 2012 (presenter)
  • “Vinson & Elkins’ Second Annual Hydraulic Fracturing Symposium,” CLE presentation, July 19, 2012 (presenter)
  • “Hydraulic Fracturing Case — First Known Order in the Industry Dismissing a Plaintiff’s Case for Failure to Comply with a Lone Pine Order,” V&E Shale Insights — Tracking Fracking E-communication, May 11, 2012
  • “Pennsylvania Superior Court Issues Opinion in Butler v. Powers,” V&E Shale Insights — Tracking Fracking E-communication, September 22, 2011
  • “Department of Energy Fracking Study Report Issued”, V&E Shale Insights — Tracking Fracking E-communication, August 11, 2011
  • “Marcellus Shale Advisory Commission Report Issued,” V&E Shale Insights E-communication, July 22, 2011
  • “Evaluating Environmental Issues in Hydraulic Fracturing,” V&E CLE presentation, July 12, 2011 (co-presenter)
  • “Force Majeure: Legal and Practical Considerations,” 62nd Annual Oil & Gas Law Conference, February 17, 2011 (co-presenter)
  • “Admitting and Excluding Documents,” How to Offer and Exclude Evidence, University of Houston Law Foundation Seminar