W. Ray Whitman

After a month-long trial, recovered more than $74 million in damages for an independent oil and gas exploration and production company. The award was based on a counterclaim asserting gross negligence and willful misconduct on the part of the operator in the construction of a processing facility which exceeded the authorized budget by millions of dollars. The counterclaim also alleged that the operator was grossly negligent and engaged in willful misconduct when it drilled and completed an oil and gas well which required five sidetracks and cost over $25 million more than expected. The well watered out mere weeks after being placed on production and caused billions of cubic feet of gas to be unrecoverable. The operator’s initial claim for unpaid JIBs was rejected by the jury.

Represented a group of business owners who were alleged to have entered into a contract for the sale of more than $230 million in energy assets. After obtaining a summary judgment in favor of the clients dismissing the claims at the trial court level, the case was appealed and eventually resulted in a complete affirmation by the Texas Supreme Court. Listed as one of the six Texas Supreme Court cases to watch in 2020 by Law360.

Lead investigation and trial counsel for a drilling company after a fatal oil well blowout and fire. Handled investigations by the Chemical Safety Board, OSHA and EPA, and successfully defended against numerous lawsuits involving personal injury and wrongful death claims.

Successfully represented an oil and gas exploration and production company in a three-week trial in which an injured oilfield service employee sued over injuries received when he was hit in the head with a crane. The jury found that the defendant was not negligent and that plaintiff was responsible for his injuries. The plaintiff sought $18.6 million in damages.

Represented a heavy-equipment manufacturer in a wrongful death burn case resulting in a defense verdict after a two-week trial. Was hired to take over the case 45 days before trial. By using a team approach, they gathered and understood facts from more than 30 depositions and thousands of documents and coordinated expert testimony, even though the team had not been involved in the discovery process. Through the use of trial graphics and an understanding of those facts that were impactful, the team obtained a unanimous defense verdict in the face of difficult facts.

Represented one of the largest oil field service providers in a two-week arbitration, including providing testimony for 11 straight days to the panel. The contract at issue involved providing wireless communication services to drilling rig locations in North America and was argued by the claimant to be a “take or pay” type of contract. The claimant originally sought damages in excess of $100 million. After the close of evidence, the panel issued a Reasoned Award granting a unanimous defense verdict for the client.

Represented one of the fully integrated energy companies in a dispute over the purported termination of oil and gas leases, bad faith trespass, and a variety of oil and gas marketing issues where plaintiffs sought more than $1 billion in damages. The case was tried eight months after filing, after more than 20 depositions and tens of thousands of documents were produced. The plaintiff was a longtime landowner in the county where the suit was pending. While the time between the filing of the lawsuit and the trial was short, the team was able to gather the necessary information, facts and witnesses to obtain a full defense verdict after a two-week trial. The client was also awarded attorneys’ fees.

Has handled numerous lawsuits regarding theft and misappropriation of trade secrets and proprietary and confidential information in venues across the country. He and his team have been successful in obtaining temporary restraining orders and injunctions, which have included pretrial royalties from offending companies and resulted in significant settlements. This type of action requires a rapid response and thorough knowledge of the energy industry, which he is able to provide based on his industry experience and technical training.

Represented one of the largest exploration and production companies in the world in a suit involving joint development of acreage under an Exploration Agreement and Joint Operating Agreement that included an area of mutual interest (AMI). The plaintiff alleged that it was entitled to acreage within producing units, the assignment of leases within the AMI and damages for acreage released. He and his team successfully obtained two summary judgments on key issues, which resulted in the dismissal of the remaining claims. The value of the alleged claims exceeded $40 million.

Defended clients in the seismic industry against a variety of claims, including those arising from an incident that ultimately resulted in the loss of life of crew members following a forced evacuation from a life boat during a tropical storm. Was called as the incident was occurring and immediately tasked an investigation team to the site, in another country, and gathered and preserved evidence. Also managed press coverage and disclosures to shareholders during this unfortunate event. Ultimately, he and his team were able to reach a resolution as to all claims well under what was expected or that could have been achieved at trial.

Represented an oil field service company in a patent infringement lawsuit regarding blowout preventers and related products. Was successful in obtaining a stipulation as to the validity of the patent and the payment of reasonable royalties.

Represented a large seismic company in a contractual dispute over payment of overriding royalties relating to seismic data licensed to an offshore operator. While the operator had made numerous discoveries based on the seismic data, it refused to pay the overriding royalties owed. After numerous depositions and near the close of discovery, the operator eventually paid tens of millions of dollars to resolve the litigation.

Represented a major drilling contractor against claims of wrongful death involving a rig hand being severed by a drilling line. After obtaining a transfer of venue and taking the depositions of key witnesses, a summary judgment was filed as to liability. After oral arguments, summary judgment was granted in favor of the client, a decision that was affirmed on appeal.

Represents oil field service providers in a variety of catastrophic events such as blowouts, mechanical failures and electrocutions throughout the United States.