Oil & Gas

Balch & Bingham has deep roots in the Oil & Gas and Energy sectors and is well positioned to advise clients on all aspects of hydrocarbon development and the energy supply chain. From exploration, production, and development, to shipping and transportation of products, to oilfield services and supply chain management, Balch has its clients covered. 

We have extensive experience in offshore and onshore upstream exploration and production activities, including conventional and unconventional resources, offshore and onshore drilling, the purchase or supply of crude oil or natural gas, joint operating agreements, production sharing agreements, host-country work contracts, the procurement of equipment or services, and engineering, procurement and construction.

We frequently advise energy clients in mergers, acquisitions, and divestitures, debt and equity financing transactions, joint ventures, maritime/offshore and shipping matters, on regulatory filings, anti-bribery compliance, environmental regulatory compliance, and corporate compliance. Our attorneys have advised clients in the construction of LNG and CNG facilities, in the construction of pipeline facilities, in the shipping of natural gas, and in the preparation, drafting, and negotiation of related agreements. They also have experience in shipbuilding contracts, vessel repair and modification agreements, and supply and towing contracts for maritime vessels.

OUR EXPERIENCE

Oil & Gas, Oilfield, and Energy Transactions 

• Routinely advise domestic exploration and production companies, international exploration and production companies, national oil companies, oilfield services companies, and engineering companies on all aspects of hydrocarbon development 
• Served as counsel to state-owned exploration and production company in the development and lifting of hydrocarbons, the marketing and transportation of hydrocarbons, and the construction of mid-stream infrastructure 
• Served as lead transactions counsel for the acquisition and construction of a "pipe within a pipe" to move NGLs from the Permian Basin (Texas/New Mexico) to the Gulf Coast of Texas; involving the acquisition of a partial ownership interest in a portion of an existing pipeline; and involving the construction of new pipeline infrastructure to connect the client's gathering facility to the pipeline owner's pipeline and gathering facilities and the construction of tie-in facilities
• Served as counsel to exploration and production investment company, as non-operator ownership interests, in its divestiture of U.S. ownership interests and properties
• Advised one of the largest international drilling contractors in the preparation, drafting and negotiation of a suite of drilling contracts for work offshore West Africa
• Served as counsel to major international E&P company in its farm-out from host government E&P operator company, including the acquisition of participating interests and the drafting and negotiation of amended and restated production sharing agreement
• Served as counsel to P.E. "drilling fund" in its acquisition of onshore drilling rigs and in the drafting and negotiation of drilling contracts with operator in Central Asia
• Advised the International Association of Drilling Contractors in cybersecurity and remote/digital technology regulatory matters 
• Served as counsel to domestic pipeline company in its acquisition of ownership interests in a pipeline and gathering facilities, and in the preparation, drafting and negotiation of a pipeline construction and operation agreement 
• Served as counsel to independent U.S. oil & gas company in the preparation and negotiation of a Participation Agreement for the investment in and development of onshore properties
• Served as counsel to international pipeline company in its winning bid to construct an offshore pipeline, crossing international borders, and delivering to multiple off-take points 
• Counsel to international oilfield services provider in its bid, negotiation and drafting of contracts and tender documents to provide onshore oilfield services in Latin America 
• Served as counsel to international oilfield services company in the negotiation, preparation and drafting of contracts for procurement of engineering services, the procurement of manufacturing services, and the procurement of marketing services 
• Served as counsel to exploration and production company in the drafting, preparation and negotiation of oil export agreements and natural gas export agreements with the other joint operators and the pipeline companies to move production from offshore U.S. Gulf of Mexico to onshore refineries, including the drafting, preparation and negotiation of a pipeline construction contract, and including also the drafting, preparation and negotiation of hydrocarbon marketing agreements 
• Serve as counsel to exploration and production companies on matters including, but not limited to, upstream exploration and production activities; drafting, reviewing and negotiating operating agreements; procurement and contracting of drilling and oilfield services; procurement, purchasing and leasing of oilfield parts, tools and equipment 
• Serve as counsel to clients in the energy industry on matters related to mid-stream activities including, but not limited to, hydrocarbon export agreements; marketing agreements;  joint ventures; health, safety, environmental and regulatory issues; and financing projects 
• Serve as counsel to operators and drilling contractors in the negotiation and drafting of offshore drilling contracts (deepwater drilling rigs, semi-submersibles, jack-ups, platforms, tender rigs, and spar platforms, some of which included the licensing of patented technology) and onshore drilling contracts
• Serve as counsel to a start-up independent exploration and production company, including the preparation of all form contracts for the procurement and contracting of drilling and oilfield services, the procurement, purchasing and leasing of oilfield parts, tools and equipment, the procurement of engineering services, and much more
• Served as counsel to independent exploration and production company in the acquisition and divestiture of onshore properties for conventional and unconventional resources, including periodic title opinions 
• Served as counsel to international oil & gas company in its joint venture to acquire offshore properties in West Africa and in its farm-out agreements
• Served as counsel to international oil & gas company in its joint venture to acquire onshore properties in Colorado, Texas, New Mexico and Wyoming and in its farm-out agreements 
• Served as counsel to a foreign investment management group in the drafting, preparation and negotiation of joint venture agreements, joint operating agreements, and unit operating agreements for onshore properties in Texas
• Served as counsel to a foreign government entity in the preparation and administration of international oil tender, including the preparation and drafting of tender documents, drafting and negotiating of exploration and production sharing contract, licenses, operating agreements and all related documents for international oil tender, including providing guidance on evaluation of tenders and contract negotiations 
• Served as counsel to major national oil company in the preparation and drafting of purchase agreements for the purchase of land drilling rigs from international construction companies, including managing and providing guidance on negotiations of purchase agreements 
• Served as counsel to major national oil company in the preparation, drafting and negotiating of gas supply agreement for exploration and production of natural gas from offshore field 
• Served as counsel to major national oil company in the preparation, drafting and negotiating of joint operating agreements with international operators for the development and production of hydrocarbons onshore
• Represented international supplier of chemicals and related services to the oil and gas and energy industries in dispute over breach of sales contract involving U.C.C. issues

Engineering and Construction Transactions 

• Served as counsel to Singapore-based shipbuilder in the preparation, drafting and negotiation of an engineering, procurement and construction contract for three (3) semi-submersible mobile offshore drilling units
• Served as counsel to Singapore-based shipbuilder in the preparation, drafting and negotiation of an engineering, procurement and construction contract for two (2) semi-submersible mobile offshore drilling units and the preparation, drafting and negotiation of a purchase, sale and assignment contract of the buyer's interests
• Served as counsel to U.S.-based engineering company in negotiation of engineering services contracts for an engineering, procurement and construction project in Brazil 
• Served as counsel to major national oil company in the preparation, drafting, and negotiation of tender documents to procure the design, construction and sale of offshore drilling rigs and the preparation and drafting of daywork drilling contracts
• Served as counsel to offshore drilling contractor in the negotiation and drafting of newbuild construction and commissioning contracts for new deepwater drillships valued at over US$3 billion
• Served as counsel to major national oil company in the preparation, negotiation, and drafting of (i) newbuild construction and commissioning contract for a floating, production, storage and offloading vessel, and (ii) agreement to convert a tanker into a floating, production, storage and offloading vessel 
• Served as counsel to engineering subcontractor in the negotiation, drafting and preparation of $8.9 million agreement with major crude oil producer and refinery for the sale, installation and start-up of 6000 hp compression equipment, including engineering specifications and safety policies 
• Served as counsel to engineering subcontractor in the negotiation, drafting and preparation of $22 million sale of gas treating plant 
• Served as counsel to engineering subcontractor in the negotiation, drafting and preparation of EPC contract with major gas producer for the sale, installation and start-up of gas plant including the use of proprietary H2S removal technology 

Corporate Energy Transactions 

• Serve as counsel on general corporate matters, mergers, acquisitions and divestitures, banking and finance, secured credit transactions, joint ventures and U.S. regulatory filings 
• Served as counsel to domestic oil and gas exploration and production company in $45 million acquisition of Marcellus assets and related debt and equity financing
• Served as counsel to domestic oil and gas exploration and production company in $20 million sale of midstream assets
• Served as counsel to domestic oil and gas exploration and production company in $75 million acquisition of Uinta Basin assets and related debt and equity financing
• Served as counsel to domestic oil and gas exploration and production company in $100 million reserve-based lending facility and $45 million term loan
• Served as counsel to domestic oil and gas exploration and production company in $55 million sale of midstream assets
• Served as counsel to domestic oil and gas exploration and production company in $93 million acquisition of Marcellus assets and related debt and equity financing
• Served as counsel to domestic oil and gas exploration and production company in $28 million acquisition of South Texas assets and related debt and equity financing
• Served as counsel to international oilfield services company in the formation of a joint venture entity, and in the preparation, drafting and negotiation of the joint venture agreement 
• Advised U.S. private issuer (U.S. subsidiary of U.K. parent) in its private offering, including due diligence, preparation of the offering memorandum, and guidance to officers and directors 
• Served as counsel to Swiss-based bank in the drafting and negotiation of security agreements with U.S.-based commodities companies 
• Advised Chinese and Singapore-based commodities company in the formation of U.S. subsidiary
• Served as counsel to independent oil & gas company in the sale and acquisition of U.S. onshore assets 
• Served as counsel to independent oil & gas company as the acquired entity in a corporate acquisition and in the sale of substantially all of its assets 
• Served as Seller’s counsel in the sale of Latin American land drilling business valued at US$1billion and continued to manage post-closing matters 
• Served as counsel to foreign exploration and production company in the acquisition and merger of a U.S. independent oil company, including due diligence, preparation and negotiation of the merger documents, labor and employment issues, and post-closing restructuring of affiliates and subsidiaries
• Served as counsel to major national oil company in creating and financing international special purpose entity for the purchase of offshore drilling rigs from international suppliers, including drafting and negotiating joint venture documents, bank loan documents, trust documents, and purchase and related agreements
• Served as counsel to major national oil company in restructuring domestic and international joint venture agreements with various major international oil companies, including dissolution of various domestic and international joint venture entities, and including drafting and negotiating operating, procurement and related agreements 
• Served as counsel to the remaining corporate entity in spin-off of publicly traded international subsidiary of oil field services company headquartered in Houston, TX.
• Negotiated and closed early buyout option for a strategic asset from sale/lease-back agreement 
• Served as Company’s counsel in the negotiation and closing of buy-out of $950,000 worth of municipal bonds to complete purchase of oilfield equipment manufacturing facility 
• $175 million acquisition of propane retail marketing company as Seller’s Counsel 
• $400 million private equity offering of limited partnership notes as Initial Purchasers’ Counsel; $175 million private debt offering of common units representing limited partner interests as Underwriter’s Counsel; $330 million asset transfer and issuance of units representing limited partner interests as Underwriter’s Counsel; $250 million private exchange offering of limited partnership senior notes as Initial Purchasers’ Counsel, all of a publicly-traded pipeline master limited partnership
• Served as Seller’s counsel in the negotiation of US-based business unit (comprised of assets and real and physical property), including personnel transfers, and the preparation and drafting of all related agreements