Intelligent Energy Law
Andrews Kurth offers a multi-disciplinary approach to advising our energy clients, particularly when it comes to their investments in technology. Our primary goal is to secure the maximum competitive advantage for our clients through the effective exploitation and protection of their assets.
Understanding the Issues
Andrews Kurth is on the forefront of addressing the legal issues relating to the increasingly complex technologies used by international energy companies. We call this Intelligent Energy® Law.
We have worked with companies in the energy industry since our founding in Houston in 1902, even as we have expanded our reach in the United States, to Europe, to the Middle East and to the Asia-Pacific. We apply our deep and rich experience with the energy industry and with the legal challenges posed by deploying advanced technologies to anticipate and resolve the legal and contractual issues confronting our energy clients as they develop, acquire and use such technologies in the exploration, appraisal, development, production, refining, and transportation of energy resources.
We are focused on the leading edge legal and technology developments in the energy sector, including deepwater exploration and production, subsea engineering, horizontal drilling, liquefied natural gas, gas to liquids, clean fuels refineries, shale oil and gas, tight gas, sour gas, heavy oil, enhanced oil recovery, digital oilfields, automation and smart well completion and intervention systems. We also assist our clients as they navigate legal and contractual issues associated with data and information harvesting, acquisition, analysis and use—as well as the vexing data security problems—that new technological advances enable.
We can offer industry-focused guidance on cutting-edge technology legal issues arising with respect to:
- Deepwater exploration and production
- Subsea engineering
- Horizontal drilling
- Liquefied natural gas
- Gas to liquids
- Clean fuels refineries
- Tight gas
- Sour gas
- Heavy oil
- Enhanced oil recovery
- Digital oilfields
- Automation and smart well completion
- Intervention systems
How We Can Help
Our lawyers address and devise strategies to address the legal and commercial issues facing energy companies as they own, operate, deploy and commercialize advanced technologies and intellectual assets, including:
- Territorial application of patent rights across national and regional borders
- Specialist personnel contracts and restrictive covenants that maintain confidentiality and control for proprietary technology
- Ownership and enforcement of intellectual property/proprietary rights
- Intellectual property asset assessments and audits that proactively identify intellectual asset portfolio gaps and vulnerabilities
- Infringement monitoring and analysis to identify, and development of strategies to address, intellectual asset theft
- Developing strategies for the capture and commercialization of intellectual asset value
- Development, documentation and negotiation of commercial transactions, including licenses and technology services agreements, in information assets
- In-depth knowledge and application of governing contract and statutory law, with customized dispute resolution planning that conforms to each applicable jurisdiction
- Counseling as to corporate exit strategies and planning for due diligence in all types of technology exploitation arrangements
Leading Your Transactions
As energy technology continues to evolve and push the industry forward at record speed, we advise our clients in fashioning legal strategies to address new market dynamics and techniques for transacting as to intellectual property, information, and technology assets.
We also help our energy clients evaluate their approaches in light of the new energy intellectual property/technology value chain and create comprehensive strategies for extracting value from energy intellectual property and international market collaborations, ventures and transactions. Our teams work with our clients from the initial development of a strategy, though advising on due diligence issues when entering energy transactions, through negotiation and documentation of transactions, and through developing and implementing transaction exit strategies appropriate to the project and location.
Protecting Your Assets
To manage our clients’ intellectual assets, we have a dedicated team of intellectual property and technology transactions lawyers experienced in the energy industry. We routinely help clients devise strategies to safeguard and maximize their investments in technology throughout each step of the intellectual asset life cycle.
Creation – Obtaining intellectual property that can be protected across multiple jurisdictions, through clearly structured and documented patents, assignments, ownership agreements and licensing terms.
Acquisition – Crafting assignment and license agreements plus targeted acquisition strategies that are informed by a realistic assessment of intellectual property gaps and vulnerabilities.
Protection – Assessing and securing the best intellectual property protection to preserve intellectual asset value. Providing complete intellectual property infringement defence through:
- Territorial application of patent rights
- Specialist personnel contracts and restrictive covenants
- New intellectual property/proprietary rights licensing
- Enhanced technology services agreements
- Infringement monitoring
- Issues involving governing law and statutory law
- Ongoing monitoring through intellect
Commercialization – Pursuing economic realization of intellectual assets through carefully structured transactions and agreements.
Anticipating and Mitigating Risks
More energy technology competition naturally leads to an increase in related disputes. We help clients implement policies and procedures that proactively ensure intellectual property rights are clearly established, creating a solid foundation to vigorously defend or enforce our clients’ intellectual property rights should the need arise.
We are skilled in litigation involving energy technology and have extensive knowledge of and experience in the most common issues facing energy clients in regards to technology, including:
- Patent Enforcement: Dealing with the rise in related lawsuits as patent filings in traditional and renewable energy dramatically increase.
- Patent Trolls: Asserting a credible and effective defense against the rising threat of non-practicing entities (NPEs), commonly called patent trolls.
- Trade Secrets: Offering protection against the threat of trade secret theft from former employees and other start-ups, with a clear recognition of the security dangers posed by widespread data availability.
- Commonwealth of Independent States / FSU
- Data Privacy and Cybersecurity
- Intellectual Property and Technology
- IP Counseling and Licensing
- Middle East
- Patent Prosecution
- Patent Trial and Appeal Board Proceedings
- Technology and Emerging Companies
- Trade Secrets/Trade Dress
- Trademark Proceedings and Litigation
- Venture Capital
- Alternative Energy
- Energy Services
- Energy Transactions
- Oil and Gas
- Technology and Emerging Companies
- Venture Capital
Recognized as a Recommended Patent (Contentious) Practice in the United States, IP Stars
Recognized as a Recommended Patent Prosecution Practice in the United States, IP Stars
Recognized as a Recommended PTAB Litigation (USPTO) Practice in the United States, IP Stars
Recognized as a Highly Recommended Patent (Contentious) Practice in New York, IP Stars
Recognized as a Highly Recommended Patent Prosecution Practice in New York, IP Stars
- 4th ITA-IEL-ICC Joint Conference on International Energy ArbitrationJanuary 12, 2017
- Texas Desalination Association - Texas Desal 2015September 30, 2015
- Rice Alliance – 13th Annual Energy and Clean Technology Venture ForumSeptember 17, 2015
- Deepwater Technology Symposium: SURF Barriers to Innovation, Technology Adoptions and Cost Effective DeploymentFebruary 26, 2015
- Intelligent Energy Law in the Middle East - Protecting and Exploiting Advanced Energy Technology and Know-HowNovember 11, 2014
- Special Reporting Requirements Regarding Exercises of Incentive Stock Options and Transfers of Stock Acquired under Employee Stock Purchase Plans (2017 Update)January 11, 2017
- Supreme Court Agrees to Hear Important Patent Venue AppealDecember 21, 2016
- State and Local Governments Grapple with Challenges of New Limits on Antitrust State Action ImmunityDecember 1, 2016
- Breaking News: DOL’s Final Overtime Rule Halted By Texas Federal JudgeNovember 23, 2016
- Cybersecurity Due Diligence Is Crucial in All M&A—Including Energy M&A TransactionsNovember 14, 2016