January 24, 2016
PITTSBURGH, PA, January 24, 2016 – Brian D. Lipkin recently joined Babst Calland as an associate in the Litigation and Employment & Labor groups. Mr. Lipkin’s commercial litigation practice focuses on contract disputes, business torts, and claims involving trade secrets and closely-held corporations. He handles construction, insurance coverage, intellectual property, real estate and securities litigation.
In his employment and labor practice, Mr. Lipkin defends employers against claims for discrimination, retaliation, wrongful discharge and unpaid wages. He handles restrictive covenant litigation and defends whistleblower claims arising under the False Claims Act. Mr. Lipkin advises employers and executives on compliance issues, employee handbooks, employment agreements, non-compete agreements and severance agreements. Mr. Lipkin, a 2008 graduate of Boston College Law School, was previously with Rose, Chinitz & Rose in Boston, Mass.
January 22, 2016
PITTSBURGH, PA January 22, 2016 – Babst Calland recently named Robert Max Junker, Scott K. McKernan, James D. Miller and Krista-Ann M. Staley shareholders in the Firm.
Max Junker, a member of the Firm’s Public Sector Group, has served as a municipal and school district solicitor for several years, and he is currently the Solicitor for the Borough of Franklin Park and the Borough of Bell Acres. Mr. Junker counsels and represents the Firm’s municipal clients on general municipal issues including tax assessment appeals, municipal taxation, public bidding, Sunshine Act, the Right-to-Know Law, the State Ethics Act, general land use and zoning matters, code enforcement, as well as Act 111 and Act 195 interest arbitrations and grievance arbitrations.
Mr. Junker is a 2005 graduate of Duquesne University School of Law.
Scott McKernan, a member of the Firm’s Energy & Natural Resources and Mineral Title groups, focuses his practice primarily on counseling various clients on matters involving natural resources and energy law with an emphasis on transactional matters related to the acquisition and development of oil and gas leases and rendering oil and gas title opinions. He provides services regarding oil and gas leasing, oil and gas title issues and opinions and due diligence projects for various transactions, including those involving the acquisition and divestiture of assets consisting of oil and gas fees and leasehold interests. He also counsels clients in matters involving seismic data acquisition and licensing, as well as matters involving transactions of subsurface rights, including oil and gas rights.
Mr. McKernan is a 2007 graduate of Duquesne University School of Law.
Jim Miller, a member of the Firm’s Litigation and Construction groups, focuses his practice primarily on commercial litigation and construction law. He has represented clients ranging from publicly-traded corporations to individuals in a variety of construction and business litigation cases in state and federal courts in Pennsylvania, Colorado, Florida, Georgia, Illinois, Massachusetts, Nevada, New Hampshire, New Jersey, New York, Washington, and West Virginia. Mr. Miller’s commercial litigation experience includes handling claims concerning breach of fiduciary duty, shareholder disputes, non-compete agreements, misappropriation of trade secrets, and cyber-squatting, as well as more standard business claims such as breach of contract.
Mr. Miller routinely advises companies in the construction and energy industries, including contractors, subcontractors, suppliers and project owners, with issues related to contract drafting, project management, dispute resolution and general business consultation. He has experience prosecuting and defending a wide range of construction-related claims arising from private, state and federal projects, including claims involving project delay, acceleration, inefficiencies, non-payment and retainage withholding (including statutory prompt payment damages, as well as bond and mechanics’ lien claims), design and specification defects, quantum meruit/unjust enrichment, active interference by the owner or contractor, and Articles 2 and 2A of the Uniform Commercial Code relating to the sale and lease of goods.
Mr. Miller is a 2008 graduate of Duquesne University School of Law.
Krista-Ann Staley, a member of the Firm’s Public Sector and Energy & Natural Resources groups, focuses her practice primarily on municipal law, with an emphasis on land use and land development issues. She represents boroughs, townships, municipal authorities, zoning hearing boards, individuals and private entities in the Pittsburgh area. Ms. Staley advises these clients when revising or enacting land use regulations and when considering land use applications. She also assists with issues pertaining to state and local roadway regulations, record requests filed under the Pennsylvania Right-to-Know Law, and public meeting requirements under the Sunshine Act.
In addition, Krista-Ann counsels and represents private landowners and businesses in matters relating to governmental entities, such as analyzing municipal ordinances and applying for and obtaining various land use approvals. She also assists private sector clients with filing Right-to-Know requests and appeals related to these filings. She works often with energy industry clients, including drilling and midstream companies, with a particular emphasis on the land use and roadway use issues related to the development of the Marcellus Shale throughout Pennsylvania.
Ms. Staley is a 2007 graduate of the University of Pittsburgh School of Law.
January 8, 2016
PITTSBURGH, PA and CHARLESTON, WV, January 8, 2016 – Callie E. Waers recently joined Babst Calland’s Charleston, W.Va. office as an associate in the Litigation and Energy & Natural Resources groups. Ms. Waers’s practice focuses primarily on representing oil and gas companies in all forms of litigation, ranging from arbitration to state and federal courts, in a wide variety of matters, including contract and lease disputes, negligence, and other matters as needed to protect their interests.
Ms. Waers has represented clients in cases dealing with a wide variety of legal issues, such as professional liability, insurance coverage, personal injury, construction disputes, constitutional and civil rights claims, privacy law and data breach matters, and issues arising under the Health Insurance Portability and Accountability Act (HIPAA).
Ms. Waers earned her J.D. in 2013 from Washington and Lee University School of Law.
January 3, 2016
PITTSBURGH, January 3, 2016 – Babst Calland recently named Molly E. Meacham and Peter H. Schnore shareholders in the Firm.
Molly E. Meacham, a member of the Firm’s Litigation, Employment and Labor and Energy and Natural Resources groups, focuses her practice on commercial litigation and representing employers in labor and employment disputes. In her commercial litigation practice, she represents clients in a broad range of business-related litigation including contract disputes, restrictive covenant disputes, toxic tort claims, and premises liability claims. In her labor and employment practice, Ms. Meacham defends employers in claims arising under Title VII, Age Discrimination in Employment Act, Americans with Disabilities Act, Family and Medical Leave Act, Pennsylvania Unemployment Compensation Law, Employee Retirement Income Security Act of 1974 (ERISA), and the Labor Management Relations Act.
Ms. Meacham is a 2006 graduate of the University of Notre Dame Law School.
Peter H. Schnore, a member of the Firm’s Corporate and Commercial Group, concentrates his practice in real estate-related matters, including real estate tax-assessment appeals, eminent domain proceedings, land use, zoning, quiet title actions, and negotiating real estate leases and related agreements.
One area of particular concentration in Mr. Schnore’s practice is real property tax assessment appeals. He represents commercial and industrial property owners before county boards of assessment appeals and courts throughout Pennsylvania who are either seeking a real property tax exemption or a reduction in their tax obligations. Mr. Schnore has also represented numerous clients faced with defending the assessed value from a challenge brought by a local taxing authority. Mr. Schnore has represented owners and lessees of a wide variety of property types including office, retail including conventional malls and lifestyle centers, restaurants, banks, hotels, multi-family including affordable housing, industrial plants, manufacturing facilities, cellular towers, landfills, vacant land, and mineral interests.
Mr. Schnore also concentrates his practice in Pennsylvania eminent domain matters, and in representing landowners and developers who seek governmental approvals needed before proceeding with a planned real estate development project. This includes obtaining changes to zoning ordinances when necessary to meet the client’s goals in high-stakes and sometimes controversial land development projects. Mr. Schnore counsels clients from the Firm’s Pittsburgh and State College offices on real estate matters.
Mr. Schnore is a 2001 graduate of the University of Pittsburgh School of Law.
December 23, 2015
PITTSBURGH, PA, December 23, 2015 – James (JD) Mazzocco recently joined Babst Calland as an associate in the Construction and Litigation groups. Mr. Mazzacco has experience in cases involving the Pennsylvania Mechanics’ Lien Law and has represented clients in a variety of commercial and construction-related matters including oil and gas lease disputes, construction defect, and breach of contract actions. Mr. Mazzocco also has experience reviewing real estate abstracts, preparing mineral title opinions, advising clients on issues relating to title and property law, and recommending appropriate curative actions. A 2014 graduate of Duquesne University School of Law, he was previously with Burleson LLP.
November 10, 2015
PITTSBURGH, PA, November 10, 2015 – Grant Hackley recently joined Babst Calland as an associate in the Energy & Natural Resources Group. Mr. Hackley’s practice focuses on energy law, counseling clients on a wide array of issues related to ownership of and title to oil and gas, including the preparation of oil and gas title opinions, title examination, litigation and contractual issues. He is a graduate of the University of Pittsburgh School of Law.
August 31, 2015
PITTSBURGH, PA, August 31, 2015 – Amie L. Courtney recently joined law Babst Calland as an associate in the Public Sector and Energy & Natural Resources groups. Ms. Courtney’s practice focuses on municipal law and land use law with concentration in general municipal issues, including land use and development, zoning matters, the Right-to-Know Law, real estate, and code enforcement. She also counsels various clients on oil, gas and mineral-related transaction matters as they relate to title issues and opinions. She is a 2014 graduate of the Duquesne University School of Law.
August 18, 2015
Pittsburgh – August 18, 2015 – Babst Calland attorneys Donald C. Bluedorn II, Kevin J. Garber, and Blaine A. Lucas were recently selected as 2016 Best Lawyers® “Lawyer of the Year” by BL Rankings in the Pittsburgh area.
Donald C. Bluedorn II was selected as 2016 “Lawyer of the Year” for Environmental Law. In addition to the Lawyer of the Year award, Donald Bluedorn was also listed in the 2016 Best Lawyers in America for Litigation – Environmental and Water Law.
Kevin J. Garber was selected as 2016 “Lawyer of the Year” for Natural Resources Law. Kevin Garber was also listed in the 2016 Best Lawyers in America for Energy Law, Environmental Law, Litigation – Environmental, and Water Law.
Blaine A. Lucas was selected as 2016 “Lawyer of the Year” for Energy Law. Blaine Lucas was also listed in the 2016 Best Lawyers in America in Land Use and Zoning Law, Litigation – Land Use and Zoning, and Municipal Law.
Only a single lawyer in each practice area and designated metropolitan area is honored as the “Lawyer of the Year,” making this accolade particularly significant. These lawyers are selected based on particularly impressive voting averages received during the peer-review assessments. Receiving this designation reflects the high level of respect a lawyer has earned among other leading lawyers in the same communities and the same practice areas for their abilities, their professionalism, and their integrity.
August 18, 2015
Babst Calland is pleased to announce that 27 lawyers have been named to the 2016 Edition of Best Lawyers by BL Rankings, the oldest and most respected peer-review publication in the legal profession. Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. Its first international list was published in 2006 and since then has grown to provide lists in over 65 countries. Lawyers on the Best Lawyers in America list are divided by geographic region and practice areas. View the list of attorneys
August 5, 2015
PITTSBURGH, PA, August 5, 2015 – Nicole Vasquez Schmitt recently joined law firm Babst Calland as an associate in the Firm’s Litigation Services, Employment & Labor, and Energy & Natural Resources groups. Ms. Schmitt focuses her practice in the areas of general commercial and environmental litigation, as well as representing business entities in employment litigation. A 2008 graduate of the University of Hofstra Law School, she was previously with Milbank, Tweed, Hadley & McCloy LLP.
June 2015
June 30, 2015
PITTSBURGH, PA, June 30, 2015 – W. Dane Fennell, Clement P. Gigliotti, Jr. and Andrew V. Terranova recently joined law firm Babst Calland as staff attorneys in the Firm’s Business Services Group.
Mr. Fennell’s practice focuses primarily on commercial real estate transactions, mergers and acquisitions, drafting commercial transaction agreements, and general corporate matters. He is a 2012 graduate of Duquesne University School of Law.
Mr. Gigliotti’s practice focuses primarily on representing clients in commercial real estate transactions, mergers and acquisitions, commercial transactions, and general corporate matters. He has extensive background in ownership, management, and operation of medium-sized companies in the industrial, construction, real estate and waste management industries. Mr. Gigliotti also works daily in negotiating and drafting commercial transaction agreements, including those related to real estate sales and leasing. He is a 2013 graduate of Duquesne University School of Law.
Mr. Terranova’s practice focuses primarily on representing clients in mergers and acquisitions, negotiating and drafting contracts, real estate matters and general corporate matters. He is a 2013 graduate of Duquesne University School of Law.
Mr. Fennell, Mr. Gigliotti and Mr. Terranova also work closely with Solvaire Technologies, L.P., an affiliate of Babst Calland, to achieve reliable and cost-effective results for managing complex due diligence aspects of small and large acquisitions and contract management projects.
June 29, 2015
PITTSBURGH, PA, June 29, 2015 – Shannon DeHarde recently joined law firm Babst Calland as an associate in the Firm’s Litigation Services Group. Ms. DeHarde focuses her practice on general civil litigation matters. A 2013 graduate of the University of Pittsburgh School of Law, she was previously with Norton Rose Fulbright US LLP.
June 29, 2015
PITTSBURGH, PA, June 29, 2015 – Rachel E. James recently rejoined law firm Babst Calland as an associate in the Firm’s Mineral Title Services and Energy & Natural Resources groups. Ms. James counsels various energy, oil, gas and mineral-related clients on transaction matters as they relate to gas title issues and opinions. A 2009 graduate of the University of Pittsburgh School of Law, she worked at EQT Corporation before returning to Babst Calland.
June 23, 2015
Charleston, W. Va., June 23, 2015 – The law firm of Babst Calland has moved to a new office location in Charleston’s downtown business district at BB&T Square. Following a period of growth in number of attorneys and clients, the firm has outgrown its previous downtown location at United Center and has moved several blocks to BB&T Square’s office tower located at 300 Summers Street, Suite 1000, Charleston, WV. The firm’s local phone numbers and attorney e-mail addresses remain the same. The main phone number is (681) 205-8888.
“Our team of West Virginia attorneys welcomes the move to BB&T Square in the center of our beautiful downtown district,” said Steven Green, shareholder and energy attorney at Babst Calland. The new space will accommodate our continued growth while enabling our entire staff to better serve current and new clients,” he added.
Babst Calland opened its Charleston office in 2011 initially serving clients in the growing natural gas market in West Virginia and the Appalachian Basin. The office has grown steadily since then, and last year, it added a team of senior West Virginia attorneys in lateral moves from two other local firms. The firm focuses on representing clients through a multi-disciplinary team approach with attorneys in key practice areas, including: energy and natural resources, environmental, employment and labor, business services, title, litigation, land use, and construction law.
Among the largest fully-dedicated teams of energy and environmental attorneys in the Appalachian Basin, Babst Calland has more than 30 attorneys admitted to practice in West Virginia who have been serving the natural gas, coal and other industries for many years. In addition to Charleston and Pittsburgh, the firm also has office locations in State College, Pa., Canton, Ohio and Sewell, N.J.
June 4, 2015
Despite Economic and Regulatory Climate, Marcellus and Utica Shales among Most Productive in U.S.
PITTSBURGH, June 4, 2015 – The law firm of Babst Calland today released its fifth annual energy industry report called, The 2015 Babst Calland Report – Appalachian Basin Oil and Gas Industry: Rising to the Challenge; Legal and Regulatory Perspective for Producers and Midstream Operators. This annual review of energy and natural resources development activity acknowledges the continuing evolution of this industry in the face of economic, regulatory, legal and local government challenges. To request a copy of the Report, contact info@babstcalland.com .
In this Report, Babst Calland attorneys provide insights into Marcellus and Utica shale issues, challenges and recent developments most relevant to Pennsylvania, Ohio and West Virginia. In general, a significant challenge ahead for shale developers in the current price environment is for operators to continue to be productive and active in finding land and drilling wells while effectively delivering the natural resource to market.
According to the U.S. Energy Information Administration, regional and national natural gas production reached an all-time high at the end of 2014. Thus far in 2015, the oil and gas industry’s rig count in the Appalachian Basin and elsewhere is down substantially compared to the previous two years. Although Marcellus shale development is leading the way in the U.S. natural gas production by producing 17 million cubic feet per day of gas, persistently low gas prices are forcing producers to curtail capital expenditures, adjust staffing and wring cost savings from their respective supply chains.
Joseph K. Reinhart, shareholder and co-chair of Babst Calland’s Energy and Natural Resources Group, said, This Report identifies the many challenges faced by the oil and gas industry, including commodity pricing, efforts to impose or increase taxes, pipeline capacity, vocal opposition, environmental and litigation challenges, impacts of local regulation, and the growing importance of due diligence in asset transactions.
The 44-page Report contains five sections, each addressing key challenges for Appalachian Basin oil and gas producers and midstream operators.
- Regulatory Shifts and Impacts, such as the current proposed amendments to Chapter 78 rules in Pennsylvania, will impose significant new regulatory burdens and create tremendous shifts in how companies manage their conventional and unconventional assets. Also, the focus on potential impacts of hydraulic fracturing and deep well disposal on seismic events may create sweeping changes to what operators will need to install and monitor these facilities. These and other impacts will increase administrative burdens and may create increased legal burdens and business considerations.
- Environmental Challenges, resulting from the proposed Chapter 78 amendments, including waste rules, NORM requirements, retention ponds, storage tanks, noise, public resources, stream and wetland buffers, orphaned and abandoned wells, and clean-up standards, among others. Most industries do not confront this many critical environmental issues in one decade, yet the oil and gas industry in the Appalachian Basin is facing these challenges all at once.
- Litigation Challenges will remain part of the industry’s landscape given the large number of unresolved regulatory and legal issues. Industry will be required to litigate interpretations of statutes and rules by federal and state regulators and environmental groups and continue to face issues related to the validity of leases and royalty payments. Property owner claims of personal injury and property impact from oil and gas development activities will likely continue, fueled by claims of ground water contamination and adverse health effects of shale development.
- Local Government Regulatory Landscape Varies Significantly in Appalachia with each of the primary states providing its unique system of local regulatory authority in the oil and gas industry. Pennsylvania continues an uncertain evolution in the aftermath of the Pennsylvania Supreme Court’s decision in Robinson Twp. vs. Commonwealth of Pennsylvania (Act 13). In addition to the expected increase in local ordinance activity resulting from the Act 13 ruling, anti-industry activists are challenging the validity of zoning ordinances. By contrast, West Virginia and Ohio are far more restrictive in the authority afforded to local government to regulate the natural gas industry.
- Negotiation of Transactions Requires Comprehensive Due Diligence in Title, Environmental, Land Use, Litigation and Lease Review particularly given the number of companies that are trading assets and/or entering or exiting operations in the Appalachian Basin. Title Due Diligence continues to play a major role in transactions. Cotenancy issues are addressed differently in each state. Pennsylvania acquisitions should include the proposed new Chapter 78 and 78a requirements moving forward, as it is likely that it will take both the oil and gas industry and Pennsylvania’s agencies a significant amount of time to fully implement these changes. Possessing clear title and all necessary environmental permits will be of little value if local ordinances, including zoning and traffic restrictions or construction requirements, do not allow certain activities. Identifying and analyzing a seller’s pending suits and threatened claims and a familiarity with recent case law and pending cases that may adversely affect the oil and gas industry is also a significant aspect of due diligence for oil and gas transactions.
Commenting on this year’s Report, Kathryn Z. Klaber of The Klaber Group said, The Babst Calland Report is a compilation of current facts and challenges with legal and regulatory perspective relevant to the interests of the Appalachian Basin oil and gas industry.
As market conditions evolve for the oil and gas industry in the Appalachia Basin, Babst Calland’s Energy and Natural Resources Group continues to stay abreast of the many current legal and regulatory challenges facing producers and midstream operators.
To stay on top of these developments, periodic update articles, news and regulatory information can be found on babstcalland.com or at the Firm’s Shale Energy Law Blog at shaleenergylawblog.com. Subscribe to receive regular updates.
Note: The Babst Calland Report is provided for informational purposes only to our clients and friends, and is not intended to constitute legal advice.