
Energy and Utilities Litigation
Ready for regulatory shifts, severe weather, and supply-chain disputes.
Overview
When Weather Becomes a Legal Event
Energy and utilities companies operate within a layered regulatory and operational framework that drives substantial litigation. Investor-owned utilities, municipal utilities, independent power producers, energy services companies, and oil and gas operators face exposure across multiple dimensions including federal regulatory oversight (FERC, EPA), state utility commission regulation, severe weather events that disrupt operations and trigger insurance disputes, and complex commercial relationships with counterparties along the energy supply chain. The Texas market has generated substantial energy-sector litigation following the February 2021 winter storm and subsequent ERCOT-related disputes.
Holdsworth & Inkwell represents energy and utilities clients in complex commercial and insurance recovery matters. The firm's Texas office drives concentrated energy-sector work including business interruption and equipment failure coverage recovery, ERCOT-related disputes following the February 2021 winter storm, oil and gas operational contract disputes, and energy services contract litigation. Commercial work in California and the Mountain West includes regulatory proceedings, commercial agreements, and coverage disputes for energy companies. The firm's wildfire litigation practice represents property owners and businesses in matters against utilities, which means wildfire defense work for utilities falls outside the firm's representation.
Industry Considerations
What Shapes Exposure in Energy and Utilities
Energy and utilities work carries its own layered exposure, built from regulation, operations, and market conditions in combination rather than isolation. The considerations below outline what we track closely for clients in this sector. They are factors to weigh against a matter's specific facts, not a forecast of how it resolves.
FERC and State Public Utility Commission Exposure
Energy companies and utilities face layered regulatory oversight from the Federal Energy Regulatory Commission and state public utility commissions. Disputes can arise from rate cases, market manipulation allegations, transmission and interconnection matters, and tariff filings. Regulatory enforcement actions often parallel related commercial litigation and require coordinated response.
Severe Weather and Business Interruption
Severe weather events including the February 2021 Texas winter storm, Gulf hurricane seasons, and Western drought conditions generate substantial insurance recovery and commercial litigation. Issues include business interruption coverage scope, force majeure interpretation, equipment failure claims, and supply chain disruption damages. These matters frequently involve coordination across multiple insurance policies and complex counterparty disputes.
Oil and Gas Operational Disputes
Oil and gas operators face litigation arising from joint operating agreements, royalty calculations, marketing arrangements, working interest disputes, and well-control incidents. These matters require understanding of both the underlying operational and accounting concepts and the contractual and regulatory framework that governs upstream operations.
ERCOT and Texas Market Litigation
The February 2021 Texas winter storm generated unprecedented litigation arising from the ERCOT market crisis, including disputes over invoice settlements, contract performance during scarcity pricing, force majeure invocations, and bankruptcy proceedings of market participants. The aftermath continues to generate complex commercial and insurance recovery matters affecting generators, retail providers, large industrial consumers, and energy services companies.
Energy Infrastructure and Equipment Failures
Equipment failures in energy infrastructure (turbines, transformers, pipelines, drilling equipment) generate complex insurance recovery and commercial litigation. Issues include coverage scope, sub-limit application, equipment manufacturer warranties, contractor liability, and business interruption calculations. The technical complexity of these matters requires expert engineering analysis combined with detailed coverage and contract review.
Practice Areas
Depth Built Matter by Matter
Energy and utilities work carries its own mix of regulatory exposure, operational risk, and weather-driven disruption, and our experience in the sector has built up around exactly that mix, matter by matter. The practice areas below are where that experience concentrates, each one shaped by the specific demands this industry places on it.
Practice Area
Commercial Litigation
Trial-tested representation for businesses navigating contract disputes, business torts, and competitive harm.
Practice Area
Insurance Recovery
Recovery for businesses and policyholders facing denied claims, coverage disputes, and bad-faith conduct by insurance carriers.
Practice Area
False Claims Act Litigation
Whistleblower representation in qui tam actions exposing healthcare fraud, procurement fraud, and grant fraud against the government.
Practice Area
eDiscovery
Strategic management of electronically stored information in complex litigation, including preservation, review, and production.
Services
Capabilities for Energy and Utilities Matters
Energy and utility disputes rarely move on a single track. Regulatory proceedings often run alongside commercial litigation, and an insurance recovery can follow an equipment failure or market disruption by months, not weeks. The capabilities below are how the firm carries a matter through that terrain, from early document review to the record built for trial or appeal.
Service
Pre-Litigation Counseling
Strategic counsel before litigation begins, covering risk assessment, evidence preservation, and positioning before formal proceedings.
Service
Discovery Strategy and Management
Comprehensive discovery management across written discovery, document production, depositions, and pre-trial preparation.
Service
Trial Advocacy
Trial advocacy across federal and state courts, including pre-trial motion practice, jury and bench trials, and post-verdict work.
Service
Appellate Practice
Appellate representation across federal and state courts of appeals, the Federal Circuit, and the U.S. Supreme Court.
Service
Mediation and Arbitration
Mediation and arbitration across pre-trial mediation, binding arbitration under major rule sets, and ADR strategy.
Service
Internal Investigations
Independent investigations of misconduct allegations within client organizations, with reporting to boards and senior management.
Service
Class Action and MDL
Class action and multi-district litigation representation across certification, MDL coordination, settlement, and appellate work.
Attorneys
Counsel for Energy and Utilities Matters
The attorneys below work with energy and utilities clients across commercial, insurance, and regulatory disputes, from FERC and public utility commission proceedings to ERCOT-related and oil and gas matters. Their experience runs to the specific operational and regulatory framework that shapes this sector, not a general litigation background applied after the fact.
Experience
Representative Matters in Energy and Utilities
The matters below are drawn from Holdsworth & Inkwell's work for energy and utilities clients, across commercial disputes, insurance recovery, and regulatory proceedings. Each was built on its own facts and record, and each stands on its own terms. What follows is representative of the firm's experience in this sector, not a forecast of how any future matter will resolve.
Resolved Subrogation Claims in Northern California Wildfire MDL
settlement2026CaliforniaResolved Louisiana Delictual Action Under Pure Comparative Framework
jury-verdict2026LouisianaResolved Washington Wildfire Subrogation Under Pure Comparative Framework
settlement2025WashingtonCoordinated Hermit's Peak/Calf Canyon Fire Recovery Under FEMA Framework
regulatory-approval2025New MexicoResolved Wildfire Subrogation Claims in Multi-Carrier Dispute
settlement2025ColoradoSecured Oklahoma Supreme Court Reversal in Commercial Appeal
trial-verdict2025OklahomaDefended Utility Against Arizona Wildfire Liability Claims
settlement2025ArizonaSecured Fifth Circuit Affirmance in Energy Sector Commercial Dispute
trial-verdict2024Texas
Past results do not guarantee, warrant, or predict a similar outcome in any future matter. Every engagement is unique and must be evaluated on its own facts and circumstances.
Resources
Energy and Utilities Insights
Energy and utilities litigation runs through FERC dockets, state utility commissions, ERCOT settlements, and the operating agreements that hold upstream partners together. The analysis below is where we work through those issues in writing, tracking regulatory developments and testing recovery theories ahead of the disputes that eventually reach a courtroom.
Defending the Failure-to-Settle Claim: Managing Excess-Judgment and Bad-Faith Exposure Across Jurisdictions
Bad-faith failure-to-settle standards diverge sharply by state. A multi-jurisdictional claims-handling and litigation roadmap for carriers managing excess-judgment exposure.
The End of California's Inverse Condemnation Era? Defending Utilities Through the SB 254 Reform Window
California's strict-liability inverse condemnation doctrine is under legislative scrutiny after the SB 254 reports. How utility defendants should position cases during the reform window.
Mallory's Long Reach: Defeating Consent-by-Registration Jurisdiction in a Multi-State Practice
Mallory revived registration-based general jurisdiction, but its scope is unsettled. A defense framework for resisting forum-shopped suits across a multi-state footprint.
Utility Wildfire Subrogation in the Western United States: Multi-State Defense Frameworks
Survey of utility wildfire subrogation defense frameworks across California, Colorado, Arizona, and Washington, with common operational themes and state-specific architectural variations.
Comparative Fault in 2024: Tracking State-Level Allocation Reforms
Survey of comparative fault frameworks across eight states where the firm practices, addressing pure and modified comparative jurisdictions and the structural distinctions within each category.
Federal Wildfire Compensation Frameworks: The Cerro Grande to Hermit's Peak Lineage
Federal wildfire compensation legislation from the Cerro Grande Act of 2000 to the Hermit's Peak/Calf Canyon Act of 2022, with FEMA administration and implications for future federal frameworks.
Publications
Continuing Coverage
Energy and utilities work rarely fits a single moment. Regulatory dockets advance in stages, weather seasons repeat, and market structures shift long after an initial dispute closes. The series below follow those developments as they unfold, each built around a recurring dimension of the sector rather than a single event.
FAQ
Energy and Utilities Questions
Energy and utility disputes carry their own vocabulary: FERC dockets, ERCOT settlement invoices, force majeure clauses tested against actual weather data. The questions below address what companies in this sector ask when a dispute reaches counsel, not a general list repurposed for the occasion.
The firm uses a combination of email, telephone, secure document portals, and scheduled video conferences depending on the matter and the client's preferences. The engagement letter specifies the primary communication channels for each matter, including any client-preferred routing for time-sensitive items. The responsible attorney maintains direct contact with the client's designated representative, and other team members communicate through that attorney or directly when authorized. For confidential or privileged content, the firm uses encrypted email and a secure document portal rather than open communication channels.
Status updates are tailored to the matter's pace and the client's preferences. For active litigation, the firm typically provides written updates at major case milestones such as motion filings, discovery exchanges, and significant rulings, with shorter updates between milestones as developments warrant. Routine matters or those in a holding pattern receive less frequent updates, with monthly check-ins as a default. Clients can request more frequent updates or scheduled status calls, and the engagement letter can specify a particular update cadence if the client prefers.
Each matter is assigned a responsible attorney, typically a partner or senior associate, who serves as the client's primary point of contact. The responsible attorney is identified in the engagement letter and is the client's first line of contact for substantive questions, strategy decisions, and case updates. For administrative matters such as billing or scheduling, the firm's office secretary or paralegal assigned to the matter may serve as a secondary contact. Larger matters with multiple workstreams may have additional attorneys designated for specific responsibilities, with one responsible attorney coordinating overall.
The firm aims to respond to client inquiries within one business day for routine matters and within hours for time-sensitive matters such as emergency motions, restraining orders, or imminent deadlines. The engagement letter can specify particular response time commitments where the client's circumstances warrant. For urgent matters that arise outside business hours, the responsible attorney's after-hours contact information is provided through the engagement letter or upon request. The firm coordinates across offices to maintain coverage during travel, vacation, or other attorney absences.
Each matter is staffed with a small team appropriate to its complexity and stage. A typical commercial litigation matter involves a partner or senior associate as the responsible attorney, a mid-level associate or senior counsel for substantive work, and a paralegal for document management and case organization. Complex matters with multiple workstreams may include additional attorneys, eDiscovery specialists, and litigation support staff. The firm avoids over-staffing matters with junior associates whose time the client would not benefit from, preferring lean teams of experienced attorneys.
Yes. Clients can identify preferred attorneys based on prior work with the firm, reputation, practice area expertise, or other considerations. The firm accommodates these requests where the attorney is available, where no conflict prevents the assignment, and where the matter's nature fits the attorney's practice. Where a requested attorney is not available or not the right fit, the firm proposes alternative staffing and explains the reasoning. The responsible attorney for a matter is identified in the engagement letter and remains stable through the engagement absent unusual circumstances.
The firm uses a secure document portal for sharing privileged or confidential material. Clients receive credentials at engagement and can access matter documents, transmit files to the team, and maintain a record of shared materials through the portal. Email is used for non-privileged routine correspondence, with encryption applied to messages containing privileged or sensitive content. The firm maintains version control on key matter documents and provides current copies of pleadings, correspondence, and other working files on request.
The firm's eDiscovery practice handles preservation, collection, processing, review, and production of electronically stored information across the litigation lifecycle. The firm works with established eDiscovery vendors selected based on the matter's data volumes, formats, and security requirements. Preservation planning begins at the earliest indication of anticipated litigation, with hold notices issued to identified custodians and IT systems. Production follows the Federal Rules of Civil Procedure and any case-specific ESI protocols negotiated during Rule 26(f) conferences.
Multi-state matters are coordinated through a lead office and lead responsible attorney, with attorneys from other offices contributing based on jurisdictional licensure and practice area expertise. The firm maintains common case management systems, shared document repositories, and unified billing across offices so that the client experiences a single matter team rather than separate office-by-office representation. Attorney admissions, pro hac vice filings, and local rule compliance are handled centrally for each matter. The lead responsible attorney coordinates with the client and the broader team.
Yes. The firm regularly represents clients in matters in states beyond its four-office footprint. The firm's attorneys are licensed in twenty-one jurisdictions across the country, and pro hac vice admission is available in jurisdictions where the firm or the responsible attorney is not already admitted. For matters in jurisdictions requiring local counsel as a procedural matter, the firm coordinates with established local counsel relationships rather than expecting the client to identify additional counsel. The firm has handled matters in federal courts and state courts across most of the country.
The firm follows established protocols for protecting attorney-client privilege at every stage of representation. Privileged communications and work product are clearly labeled, segregated in secure systems, and marked in document management. The firm trains all attorneys and staff on privilege identification and handling, with particular attention to the boundaries of privilege in corporate contexts including the work-product doctrine, joint defense privilege, and common-interest privilege. The firm uses Federal Rule of Evidence 502(d) clawback provisions in federal litigation to provide the strongest available protection against inadvertent waiver.
If a conflict of interest develops during representation, the firm evaluates the conflict against applicable rules of professional conduct in the relevant jurisdiction. Some conflicts can be addressed through informed consent and screening, while others require the firm to withdraw from one or both representations. The firm communicates promptly with affected clients when a conflict arises and works to minimize disruption to active matters. Where withdrawal is required, the firm coordinates an orderly transition to successor counsel and protects client confidentiality through the process.
Communications sent through the firm's website, including contact forms and email links, are not protected by the attorney-client privilege until an attorney-client relationship has been formed through a signed engagement letter. Prospective clients should not send confidential or privileged information through the website. To discuss a confidential matter, contact the firm by telephone to arrange an initial consultation. The firm's Disclaimer published on the website provides additional information about the limitations of website communications.
Litigation matters typically progress through phases including pre-suit investigation and demand response, pleadings and initial motions, discovery, expert work and pretrial motions, trial preparation and trial, and post-trial motions and appeals. Each phase has characteristic milestones and decision points where the firm communicates with the client to evaluate progress, refine strategy, and assess settlement or alternative resolution opportunities. The firm provides written updates at major milestones and schedules status calls or in-person meetings at significant decision points.
At the conclusion of a matter, the firm provides a final accounting of fees and expenses, returns any unused portion of advance fee retainers, and coordinates the transfer or retention of matter documents according to the client's instructions and the firm's document retention policies. For active litigation matters, closure typically follows entry of a final judgment, dismissal, or settlement, including the running of any applicable appeal periods. The firm preserves matter records for the retention period required by applicable rules of professional conduct and is available for follow-on questions or related matters after closure.
The information on this page is provided for general informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship. Consult a licensed attorney about your specific situation.
Announcements
Energy and Utilities Activity
Holdsworth & Inkwell's work in energy and utilities accumulates across matters, counterparties, and jurisdictions. The entries below reflect that activity as it builds, each linking through to its own record.
Patty Hewes Named to 2025 Top Lawyers in America® for Wildfire Litigation
Patty Hewes, Chair of the Wildfire Litigation Practice at Holdsworth & Inkwell, has been named to the 2025 edition of The Top Lawyers in America® for Wildfire Litigation, recognizing her multi-state wildfire defense practice.
Denver Energy Sector Insurance Recovery Seminar
The Denver office hosted an afternoon seminar on insurance recovery practice for energy sector clients, covering carrier coordination, subrogation defense, and recovery strategy frameworks.
Holdsworth & Inkwell Secures Oklahoma Supreme Court Reversal in Commercial Appeal
The firm secured a reversal from the Oklahoma Supreme Court in a commercial appeal, demonstrating the operational mechanics of civil appellate practice under Oklahoma's bifurcated high court system and the developed body of Oklahoma commercial law.
Upcoming CLE: Wildfire Litigation Defense Update 2026
Patty Hewes and Howard Hamlin will present a CLE program on utility wildfire defense developments across the Western United States and the federal compensation framework for federally caused wildfires.
Hermit's Peak/Calf Canyon Fire Assistance Act FY2026 Funding Updates
The Hermit's Peak/Calf Canyon Fire Claims Office continues to administer compensation claims under FY2026 Congressional appropriations. Update on funding status, claims processing activity, and operational implications.
Pro Bono Wildfire Recovery Initiative Reaches 100th Family Served
The firm's Pro Bono Wildfire Recovery Initiative has served its 100th family, marking eight months of legal assistance to individual claimants navigating the Hermit's Peak/Calf Canyon administrative claims process.
Firm Formally Launches Wildfire Litigation Practice with Patty Hewes as Chair
Holdsworth & Inkwell has formally launched its Wildfire Litigation Practice, consolidating the firm's multi-state wildfire defense and federal compensation work into a dedicated practice group. Patty Hewes will serve as the inaugural Chair of the new practice.
Foundation Funding Received
Placeholder announcement to test the foundation news. Funding received!
Holdsworth & Inkwell Secures Multi-County Defense Win in California Wildfire Subrogation
The firm secured a favorable resolution in coordinated multi-county California wildfire subrogation proceedings, defending a utility client against consolidated insurance carrier claims under the state's inverse condemnation and comparative fault frameworks.
Holdsworth & Inkwell Launches Pro Bono Wildfire Recovery Initiative
The firm has launched a Pro Bono Wildfire Recovery Initiative to provide legal assistance to individual claimants navigating the Hermit's Peak/Calf Canyon Fire Assistance Act and similar federal compensation frameworks.
Patty Hewes Presents at 2024 Western States Wildfire Litigation Conference
Patty Hewes, Chair of the Wildfire Litigation Practice at Holdsworth & Inkwell, presented at the 2024 Western States Wildfire Litigation Conference on multi-state utility wildfire defense frameworks.
Why Choose Us
For an Industry That Rarely Stays Simple
Complexity like this does not resolve itself in a single filing or a single call. What follows is the standard the firm holds itself to when energy and utilities clients are the ones exposed.
Both Sides of the Table
Most firms pick a lane and stay in it. We litigate from both sides of complex civil disputes, defending corporate and institutional clients in some matters and pursuing recovery for policyholders, relators, and property owners in others. That range is a working advantage, not a hedge. A firm that only ever defends learns one half of the board; a firm that argues both sides learns how the opposing party builds its case, prices its risk, and decides when to move. When we assess your exposure, we read it the way the other side will, because in other matters, we are the other side. Explore our @practice areas@/practice-areas@ to see where that perspective runs deepest.
Trial-Tested, Not Settlement-Default
Many firms treat trial as a failure of negotiation. We treat readiness for trial as the foundation of every strong defense. A matter that is genuinely prepared to be tried is a matter negotiated from strength, because the other side knows the threat is real. Our litigators build each case as though it will be decided by a jury, which sharpens the strategy whether the resolution ultimately comes at trial, in mediation, or on a dispositive motion. That discipline informs how we staff, how we develop the record, and how we advise you on the choices that matter. Learn how we approach @trial advocacy@/services/trial-advocacy@.
One Firm, Four Offices, One Standard
From our principal office in Sacramento to our teams in Atlanta, Denver, and Austin, Holdsworth & Inkwell operates as a single firm rather than a loose confederation of branches. A client in one region draws on the full bench of the firm, not just the attorneys nearest to them. That structure lets us assemble the right team for a matter regardless of where it sits, and it means our standards for preparation, communication, and judgment travel with the work. See our @office locations@/locations@ and the regions we serve.
Continuity from Intake to Appeal
Description: Litigation that changes hands loses memory. We build matter teams that carry a case from the first assessment through trial and, where necessary, into the appellate courts, so the strategy that shapes early decisions is the same strategy that defends them later. Our @appellate practice@/services/appellate-practice@ works alongside trial teams from the outset, framing and preserving the issues that matter before they are needed, rather than arriving after a verdict to reconstruct what was lost. That continuity protects the coherence of your defense across the full life of a dispute.
Industry-Specific Bench Strength
A defense is only as strong as its grasp of the client's world. Our attorneys bring sustained experience in the sectors where our clients operate, from energy and utilities to healthcare, financial services, government contracting, and manufacturing. That familiarity means we spend less time learning your industry on your dollar and more time applying judgment shaped by matters like yours. Browse the @industries we serve@/sectors@ to see where our experience aligns with your business.
Transparent Scoping and Staffing
Sophisticated clients deserve to know how a matter is staffed, how it is budgeted, and why. We scope engagements deliberately, communicate the reasoning behind our staffing, and keep you informed as a matter develops rather than presenting surprises at billing time. The result is a working relationship built on clarity, where you can plan around our work because you understand it. That transparency is not a courtesy we extend; it is how we think a serious defense should be run.
Depth in the Hard Cases
Some disputes are routine. The ones that bring clients to us usually are not. We have built genuine depth in the areas where the stakes and the complexity are highest, including False Claims Act and qui tam litigation, insurance coverage and recovery, catastrophic wildfire litigation, and large-scale electronic discovery. These are matters that reward sustained focus and punish improvisation, and they are where a firm built for hard problems earns its keep. Read our @insights@/resources@ for how we think about the problems at the edge of our practice.
Counsel, Not Just Litigators
The best outcome is often the dispute that never escalates. Alongside our courtroom work, we counsel clients before litigation begins, helping them assess exposure, preserve their position, and make informed decisions when a problem first surfaces. Our @pre-litigation counseling@/services/pre-litigation-counseling@ brings the same defensive judgment to the choices that precede a filing as we bring to the courtroom, because the value of a defense firm is measured as much by the disputes it helps you avoid as the ones it wins.
One team, direct access.
Speak With the Attorneys Who Would Handle Your Matter
You have what you need to decide. The next step is straightforward: contact us, and we will talk through the specifics of your matter.






