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Richard T. (Tom) Stilwell

Tom Stilwell focuses his practice on complex commercial litigation with an emphasis on energy-related matters. He has handled cases in state and federal courts in Texas, Louisiana, Oklahoma and New Mexico, and he maintains a significant arbitration practice involving matters in ad hoc and administered proceedings.

Tom’s energy practice includes representation of companies in the oil and gas industry who are engaged in exploration and development, transportation of liquids and gases and provision of drilling and equipment services. He has represented various companies in disputes arising from project development controversies/delays, owner/operator disagreements, joint venture agreements, master service contracts, offshore matters, shale drilling and fracking issues, lease and mineral rights disputes, declarations of force majeure and maritime/admiralty claims. Additionally, he represents pipeline owners, operators and shippers in disputes arising from changes in operation structure, disruption of service, nomination and rate disputes, carrier/shipper controversies and expansion project delays. His experience has included disputes involving trades and sales of crude oil, natural gas, refined products and biofuels.

Tom litigates and arbitrates matters involving indemnity claims, insurance recovery and insurance coverage for his energy clients in significant commercial loss situations, notably following hurricanes in the Gulf of Mexico and well blowouts, whether offshore or onshore.

In the course of representing clients in the oil and gas industry, Tom has reviewed, drafted and negotiated provisions in offshore oil and gas gathering and transport agreements, offshore project development transactions and master service agreements. 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 and state and federal regulatory/jurisdictional concerns.

Representative Experience

• Successfully represented a pipeline owner in an AAA arbitration against four exploration and production companies, obtaining a multimillion-dollar recovery for damages arising from the integration and connection of two pipelines to an offshore production platform in the Gulf of Mexico.
• Representing an international exploration and production company in arbitration arising from royalty and marketing revenue claims following sales of reserves.
• Representing a pipeline operator in disputes arising under the Interstate Commerce Act.
• Representing a refinery owner in matters involving oil product specifications.
• Representing an energy trading subsidiary on issues regarding U.S. shipping regulations.
• Representing a power supply company in contract disputes arising from the import and sale of biofuels.
• Representing an international drilling and saw manufacturer in arbitration before the World Intellectual Property Organization (WIPO) for trademark claims.
• Representing various international oilfield service providers in claims and arbitration arising from the design, construction, manufacture and operation of rigs, pipelines and drilling equipment.
• Representing insurance underwriters in a multimillion-dollar coverage dispute arising from an alleged loss of well control in the Gulf of Mexico.
• Representing insurance underwriters in a multimillion-dollar well and pipeline claim arising after Hurricanes Katrina and Rita.
• Representing an international hotel chain in franchise disputes involving licensing, market access, diminution and termination claims.
• Representing an international helicopter manufacturer in claims arising from incidents in the Gulf of Mexico, Latin America, South America and Europe.
• Representing an international ethanol importer/exporter as a plaintiff in a fraud and breach of contract case, resulting in a multimillion-dollar verdict.

Professional Honors and Awards

• Selected for inclusion in Texas Super Lawyers® (2010)
• Selected for inclusion in Texas Super Lawyers® “Rising Stars” (2004-2009)
• President's Award, Houston Bar Association (2006)

Professional and Community Involvement

• Member, American Bar Association
• Member, College of the State Bar of Texas
• Fellow, Texas Bar Foundation
• Member, Houston Bar Association
• Member, Energy Bar Association
• Member, Energy, Oil & Gas Committee, CPR Institute
• Member, London Court of International Arbitration
• Member, Board of Directors for the Houston Area Women’s Center
• Member, Advisory Board, Alley Theater
• Member, Advisory Board, United Way of the Texas Gulf Coast’s Alexis de Tocqueville Society
• Co-chair Houston Area Women’s Center’s Race Against Violence
• Committee Member, Houston Bar Association John J. Eikenburg Law Week Fun Run
• Committee Member, Houston Livestock Show and Rodeo
• Former Co-Director, U.S. Athlete Development Project for the Chevron Houston Marathon
• Former President, Houston Area Road Runners Association

Recent Publications and Speaking Engagements

• Quoted in: “Barnett Shale Loses Some Luster as Other Plays Grab Spotlight” Houston Business Journal (May 20, 2011).
• Quoted in: “Houston Companies Set to Benefit as Midstream Projects Multiply” Houston Business Journal (May 6, 2011).
• Doing Business Offshore, Spotting the Holes in your Contracts (2011).
• Speaker, IADC Contracts & Risk Management Conference (October 29-30, 2008).
• Co-author, “Forum Selection Clauses: Another Facet of the Freedom of Contract Phenomenon,” The Advocate: State Bar Litigation Section Report (Summer 2007).
• Author and presenter, “Warning! You May Possess Continuing Duties After the Sale of Your Product. (An evaluation of the Restatement (Third) of Torts: Products Liability’s Treatment of Post Sale Duties),” The Review of Litigation Annual Symposium, The University of Texas School of Law (March 2007).
• Author and presenter, “How to Preserve & Challenge Error Under the Federal Arbitration Act,” TADC Spring Meeting in Austin, Texas (March 2007).
• Author, “Utilizing the Federal Arbitration Act, Preserving and Challenging Error,” Vol. 49, No. 1, For the Defense (January 2007).
• Author, “Correcting Errors: Imperfect Awards in Texas Arbitration,” Vol. 58, No. 2, Baylor Law Review, pages 467-524 (2006).
• Author and presenter, “Anti-Indemnity: A Guide to the Texas and Louisiana Oilfield Anti-Indemnity Statutes,” CLE conferences and in-house seminars (2006).