Nicholas N. Shum

(Texas Business Court) – Representing oil and gas producer in a dispute involving a “most favored nations” clause in gas gathering agreement

(AAA Arbitration) — Represented an Eagle Ford Shale non-operator in pursuing breach of fiduciary duty, breach of agency and other contract claims against operator relating to operator’s decision to amend gas gathering contract with affiliate prior to sale of midstream assets 

(Ad hoc Arbitration) – Representing major Australian energy company in dispute over the calculation and payment of gas royalty relating to liquified natural gas project in Eastern Australia; involved multiple arbitration proceedings and appeal proceedings remain ongoing

(Cal. Super. Ct – Kern County) – Representing oil and gas operator against non-operating working interest owners relating to operatorship and claims for lack of development, failure to protect against drainage and other related claims

(AAA Arbitration) — Represented an Eagle Ford Shale non-operator in breach of contract claims against operator for excessive affiliate charges under the parties’ agreements, seeking recovery of over $150 million overcharges 

(Texas Railroad Commission) – Represented midstream company against claims by a developer of an oil and gas liquids storage and terminal facility that company violated provisions of the Texas Natural Resources Code in failing to provide an interconnection with company’s pipeline distribution system

(New Mexico) – Representing oil and gas operator in a dispute with large surface owner regarding claims of breach under a surface use agreement and violation of Surface Owner Protection Act relating to alleged chloride contamination in soil near oil and gas operations

(AAA Arbitration) — Defended a Colorado energy company in an AAA arbitration against a co-working interest holder regarding an Area of Mutual Interest Agreement; obtained favorable result from the arbitrator 

(S.D. Miss.) — Represented an oil and gas production company against a putative class action alleging that it had underpaid royalties to mineral owners in Mississippi; obtained an order denying class certification leading to dismissal of the case

(5th Cir.) — Obtained a judgment for a producer of oil on the Alaskan North Slope for $14 million (net) for breach of the pricing formula of a crude oil sales contract involving price adjustments for Quality Bank credits on the Trans-Alaska Pipeline

(W.D. Okla.) — Represented an energy company against royalty underpayment claims in Oklahoma federal court, successfully obtaining a denial of class certification over the putative class action claims 

(W. Va.) — Successfully defended 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. and Arbitration) — Secured an arbitration award on behalf of an energy company rejecting the claimants’ attempt to substitute an alternate index price into long term NAESB gas purchase agreements, which was affirmed by a state district court in Denver, Colorado 

(AAA Arbitration) — Assisted in obtaining a major victory for a U.S. E&P company in an AAA arbitration in connection with the purchase of more than 20,000 acres of leases in the Utica Shale for US $120 million; after discovery and evidentiary hearings, the arbitrator ruled in favor of our client 

(Tex. Dist. − Marshall Cnty.) — Member of trial team in representing an energy company against breach of contract claims relating to its leasing activities in the Haynesville Shale

(Tex. Dist. – Tarrant Cnty.) — Represented exploration and production company in prosecuting trade secret dispute in Texas state court

(Tex. Dist. – Montgomery Cnty.) – Lead lawyer in obtaining take-nothing jury verdict for plastics company against former executive that had sued for breach of employment agreement and other claims

(W.D. Tex.) — Represented a Fortune 500 company against federal and state antitrust claims involving the allergy testing and allergy immunotherapy markets

(S.D. Tex.) — Successfully represented producer of Akaushi Beef against claims of conspiracy to restrain trade and monopolization in the market for premium beef in the United States; after a seven day trial, the jury found in favor of the client, awarding both actual and exemplary damages

(E.D. La.) — Represented a major exploration and production company against conspiracy and monopolization antitrust claims in federal court relating to its training programs for contractors traveling offshore in the Gulf of Mexico 

(Tex. Dist. – Harris Cnty.) — Represented an oil field services company and officer against claims of alleged misappropriation of trade secrets, breach of non-compete, and other contract and business tort claims relating to oilfield waste disposal business