Tom Rubenstein is a Partner in the Natural Resources Practice Group. He is the Managing Partner of the Morgantown, West Virginia office. Tom has more than 30 years of experience as a coal lawyer with both substantial in-house and private practice experience representing public and private operating and land holding companies. He is skilled in all legal and business matters pertaining to the coal industry, including transactions, mergers and acquisitions, coal sales, mine safety and health, and lease, sublease, operating and contract mining agreements. He is an experienced arbitrator for coal and commercial disputes. He provides preventative counsel and representation to county boards of education in administrative and appellate litigation, including appearances before the West Virginia Supreme Court of Appeals. He also provides preventative counsel and services to large and small health care providers, including employment, commercial and collection issues.
Memberships & Affiliations
· American Bar Association
· West Virginia State Bar
· Lawyer Referral Hotline service
· Pro bono counsel to Labor of Love Ministries, Morgantown Committee for The Living Room (homeless day shelter)and Emcee of Annual Faith Promise Banquet
· Energy and Mineral Law Foundation, Member and Trustee
· West Virginia Coal Association
Distinctions
· Peer Review Rated in Martindale-Hubbell
· Listed in The Best Lawyers in America®
Experience
Sales Agreements, Agency, Brokering and Security Agreements for Substantial Coal Brokering Firm
Appalachian Coal Broker
Various coal sales and transportation agreements for substantial coal brokering firm
Mine Safety and Health
In-House Counsel for Large Coal Company and in Private Practice
Counsel for large and small companies as well as individuals pertaining to notices of contest, civil penalty challenges, § 110(c) investigations and § 105(c) discrimination complaints
Marcellus Shale Leasing Transaction
Counsel for Sole Representative of Large Landowners Group
Ongoing legal services for the sole representative of a large landowners group in a $126 million leasing transaction of Marcellus Shale oil and gas rights covering approximately 35,000 acres of property located in north central West Virginia
Substantial Amendment and Restatement of Long-Term Coal Supply and Transportation Agreement
Large Appalachian Coal Sales Company and Producer
Provided counsel to assist with commercial negotiations and preparation of documentation to memorialize the deal agreed upon
Start-Up of Underground Mine at Greenfield Site
Small Appalachian Coal Producer
Commercial transactions involved in the start-up of underground mine at greenfield site
Sales and Purchases of Coal Mining Company Assets
Large Appalachian Coal Producer
Sales and purchases of coal mining company assets and on-going operations
Long-Term Extension to Coal Supply and Transportation (Rail and Barge Pieces) Agreement for Large East Coast Utility
Large Appalachian Coal Producer
Assisted President of Sales Company with commercial negotiations and preparation of documentation to memorialize the deal agreed upon
Education Law
Various County Boards of Education
Representation of various county boards of education in employee grievance matters, and as preventative counsel in other labor and employment matters
Corporate Reorganization and Membership Unit Sale
Coal Company
Reorganization and membership unit sale of coal producing companies for approximately $20,000,000.
Arbitration
Publicly Traded and Privately Held Companies
Chief Arbitrator for substantial disputes involving coal reserves, leases, sales, preparation and recovery agreements, as well as non-coal related commercial disputes
Health Care
Hospitals and Medical Practice Groups
Preventative counsel for various hospitals and medical practice groups
Health Care
Large State-Wide Hospital Group
Collection efforts on behalf of large hospital
Expert Witness
Coal Company and Its Pittsburgh Counsel
Provide expert witness testimony in coal contract dispute
Publications
March 2, 2010, MSHA - Whose Plan Is It?
June 3, 2009, "Flagrant" Violations Under the Mine Act: What's a Little More Ambiguity Among Friends?
May 18, 2009, Defending MSHA Enforcement Actions Part II
February 25, 2009, S&S Analysis - "It's All About The Facts"
September 1, 1981, "Evidentiary Requirements for a Black Lung Claim," (Student Note), Volume 82, West Virginia Law Review
Presentations
June 1, 1999, "You Can Drill It Here But Not Over There" Lessor's guide to coalbed methane leasing, Energy and Mineral Law Foundation, 20th Annual Institute, 1999
August 23, 1989, "Part 90 Miners, Protected But Not Untouchable," Eastern Mineral Law Foundation, Special Institute 1989