Maynard Nexsen

Maynard Cooper’s Energy and Natural Resources group utilizes a multi-disciplinary approach that draws on the expertise of lawyers whose practices include handling general corporate matters, mergers and acquisitions, financing transactions, environmental regulatory issues, labor and employment matters and natural resources litigation. The firm acts as counsel to coal companies that have both domestic and international operations in connection with a wide variety of matters. We also advise several of the largest independent power producers, electric and gas utilities, natural gas pipeline companies, governmental entities and others in virtually all aspects of the supply, transmission and distribution of electricity, water and gas. Our work also includes environmental compliance work and assistance with tax planning and qualifying for available incentives. We have assisted in the acquisition, development, construction, operation and financing of generating facilities and natural gas and crude oil pipelines.

Representative energy and natural resources transactions include:

• Assisted with the acquisition of domestic coal reserves containing approximately 4 billion tons of coal;
• Assisted with the preparation and negotiation of long-term contracts for the transloading of millions of tons of coal annually through multiple domestic seaports;
• Assisted with the preparation and negotiation of long-term contracts for the transporting by railway of millions of tons of coal annually;
• Orchestrated the unique resolution of the condemnation of land throughout the State of Alabama under the Natural Gas Act for one of the nation's largest gas pipeline companies.
• Advised several independent power producers in Alabama on projects totaling well over $1 billion in capital expenditures;
• Assisted with the preparation and negotiation of agreements for the placement of synthetic fuel facilities at an operating coal mine and foundry coke producer facility;
• Assisted with the preparation and negotiation of agreements for the acquisition of mining equipment located in Germany from a German based utility; and
• Assisted with the preparation and negotiation of numerous agreements for the sale of interests in biomass gas synthetic fuel production facilities that are eligible for section 29 tax credits.

Representative energy and natural resources litigation defended by Maynard Cooper:

• Defending exploration and production company in a commercial action in which plaintiffs allege breach of contract arising out of the sale and/or assignment of mineral leases. The subject mineral leases have been valued at $38,000,000.
• Representing exploration and production company in conversion, trespass and declaratory judgment action in which plaintiffs claim our clients harvested plaintiffs' minerals located in strata surrounding coalbeds. Case potentially involves thousands of mineral acres.
• Representing major oil company in two separate wrongful death actions, one involving an off-shore oil rig, and the other involving a transport tanker. Both cases contain complex liability and contractual indemnity issues.
• Recently defended investment group in two lawsuits against claims by potential lessors for fraud and breach of contract related to options in mineral leases.
• Represented exploration and production company in a trespass and nuisance action arising out of company's installation and operation of two coalbed methane wells. Case involved issues of first impression in Alabama related to split estates, easements and right of ways.
• Defended exploration and production company in a wrongful death lawsuit arising out of a death that occurred while a contractor's employee was performing hydrostatic testing on a natural gas pipeline. Case involved underlying tort claims as well as complicated indemnification and coverage issues. Successfully obtained coverage for client under indemnity agreement with co-defendant.
• Represented natural gas transportation company in a multi-million dollar pipeline rupture case. The case represented significant exposure to the company and involved complex defense of both the underlying tort claim, as well as pursuit of indemnification and insurance coverage claims under co-defendants' policies. We not only defended the underlying tort litigation, but managed the case in a way to achieve coverage and indemnification.
• Represented two major oil and gas companies in a nuisance, trespass, and negligence case filed by more than thirty plaintiffs involving “ultrasound“ arising out of the construction and operation of a natural gas compressor facility. Defense of the case involved technical experts and specialized medical evaluations. We brokered a unique and creative resolution on eve of trial for a fraction of what plaintiffs had previously demanded at mediation.
• Defended natural gas exploration and production company in a multi-party nuisance case where plaintiffs alleged company was draining their minerals from adjacent property. Successfully argued primary term of lease allowed such activity. Ultimately reached a resolution satisfactory to all parties that permitted company to continue its activities.
• Represented natural gas exploration and production company in a catastrophic injury case involving a plaintiff who became entangled in the “pump jack“ or “horse head“ of a coalbed methane well. In addition to defending the underlying tort claims, we successfully obtained coverage for our client from a co-defendant's carrier.

Maynard Cooper is committed to promoting and investing in diversity in the workplace and the community.  We have pledged ourselves to respect diversity in an atmosphere free from unwarranted bias and prejudice.  This pledge governs our hiring and personnel policies, as well as our personal relationships within the firm.  Maynard Cooper’s lawyers are also active participants in local and national organizations committed to enhancing diversity in the legal profession.  In addition, our firm and its lawyers devote significant financial and human resources to local initiatives that empower those from diverse backgrounds.

Recruitment, Retention and Promotion
Maynard Cooper embraces diversity as a hallmark of the firm and is committed to recruiting, hiring, developing and promoting attorneys without regard to gender, race, disabilities, age, religion, national origin, social or ethnic group. We recognize that our ability to provide clients with the highest quality of service in the local, national and international marketplace is strengthened by a diverse workforce, among whom differences are accepted and valued.

We are therefore committed to maintaining a multi-cultured work environment. Toward that end, the firm has taken the following specific steps (among others) to ensure that our commitment is upheld:

• We seek substantial female and minority student participation in our summer associate program, the hiring ground for the bulk of our lawyers. Of the 32 students who participated in our 2007 summer program, 17 of them were female and/or minority.
• We have made communicating our commitment to diversity a primary focus of our relationships with the law schools where we conduct on-campus interviews for prospective summer associates.
• We participate annually in the SRBLA Minority Job Fair.
• We recently expanded the list of law schools at which we conduct on-campus interviews to include Howard University School of Law.
• Our attorneys conducting on-campus interviews make a concerted effort to identify minority candidates for employment and encourage female and minority candidates to interview in our offices.
• We have participated in the annual Birmingham Bar Association Minority Law School Placement Program since its inception. Each year, this Program places a minority law student in the summer program of each participating law firm.
• We have adopted a policy enabling attorneys to work on a "flexible-hours" or part-time basis, giving them greater latitude to balance professional goals with family obligations.
• We encourage female and minority attorneys to seek leadership positions within and outside our law firm. One of our female attorneys currently serves on our firm's Executive Committee, and one of the firm's female attorneys recently served as President of the Birmingham Bar Association. We also ensure broad participation of female and minority attorneys on our firm's Recruiting Committee.
• We have participated in the American Bar Association Minority Council Demonstration for several years.

Staffing Matters
Maynard Cooper is proactive in involving our female and minority attorneys in all matters where their skill levels and seniority are appropriate for the task. Our staffing of matters includes informing, promoting and assigning female and minority attorneys to work on matters whenever possible.

Community Initiatives
Maynard Cooper’s commitment to diversity extends beyond the workplace to our community.  Our firm has chosen to invest monetary resources and human resources in local organizations that promote and empower those from diverse backgrounds. 

SpeakFirst
Maynard Cooper is making a concerted effort to create a culture that values and rewards minority student achievement in secondary as well as post-secondary education throughout our community.  One component of this effort is Maynard Cooper’s collaborative partnership with SpeakFirst: An Alabama Debate Initiative.  Beginning direct service in 2004, SpeakFirst’s mission is to enrich the academic experience of talented and motivated students from Birmingham's public high schools through participation on an “all-star” debate team.  The debate training provided by SpeakFirst develops students’ critical thinking, writing, research and public speaking skills.  Tutoring, college admissions guidance, standardized test prep and summer internships are also provided.  SpeakFirst aims to provide participating students with the skills and knowledge they need to realize their talents and participate fully in society as students, leaders and citizens. 

Maynard Cooper is pleased to be investing substantial resources into SpeakFirst.  The firm is committed to a multi-year financial gift to support the team’s operations as well as the provision of office space for daily debate practices.  In addition, our individual attorneys serve the organization through various volunteer efforts.  We are proud to report that during the last two academic years, twelve SpeakFirst students participated in 154 debate practices, 11 Saturday workshops, 19 debate tournaments, 9 cultural field trips, 7 college visits and  multiple community service projects. 

Our collaborative partnership with SpeakFirst reflects the firm's long-standing commitment to both public service and to issues of concern to communities of color.  For more information about SpeakFirst, go to http://www.impactalabama.org/speak.html.

Additional Leadership and Commitments
Maynard Cooper attorneys serve in various leadership positions that empower those of diverse backgrounds:

• Chairman of the United Way of Central Alabama 2006 Campaign, with direct responsibility for raising 35 million dollars that funds over 80 local agencies;
• Board Member and Major Gifts Committee Member of the Birmingham Civil Rights Institute;
• Member of the Lawyers Committee for Civil Rights Under Law;
• Former Member of the Alabama Advisory Committee for the United States Committee on Civil Rights;
• Former Board Chairman of Workshops, Inc. (training and sheltered employment for the severely disabled); 
• Chair of the Board for King’s Ranch, Hannah Homes (shelter for women, youth and children); 
• Board Member of Grace House Ministries (home for girls in family crisis situations); 
• Board Members of Cornerstone Schools of Alabama (private school for inner-city students); and
• Board Members of the Metropolitan YMCA (includes 10 metro branches, downtown youth center, camp and several initiatives for minority youth).

Maynard Cooper is committed financially to:

• Restoration of the Sixteenth Street Baptist Church;
• Birmingham Civil Rights Institute;
• Birmingham Athletic Partnership (an alliance of businesses and individuals that is dedicated to strengthening high school athletics in the Birmingham city schools);
• Operation New Birmingham;
• The National Conference for Community Justice; and
• CampFire USA.