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Chemical

Thompson & Knight’s attorneys meet the transactional, financial, regulatory, litigation, environmental, and tax needs of companies with product lines as diverse as chlor-alkali, olefins, ethylene, polyethylene, polypropylene, and a host of other commodity chemicals and products.

Overview

Thompson & Knight’s attorneys meet the transactional, financial, regulatory, litigation, environmental, and tax needs of companies with product lines as diverse as chlor-alkali, olefins, ethylene, polyethylene, polypropylene, and a host of other commodity chemicals and other products, including benzene, butadiene, chlorinated solvents, industrial equipment, pharmaceuticals, high-tech products, forest products, and cement. We defend chemical companies against intellectual property, product liability, and environmental lawsuits; help them raise capital, buy and sell operations; develop and construct new facilities; and advise them on daily operational concerns ranging from employment issues to tax law.

The Firm’s attorneys regularly represent chemical industry clients concerning the formation of and structuring of international and domestic joint ventures, asset acquisitions and dispositions, project development, and project finance transactions. Additionally, the Firm advises our petrochemical clients on the commercial execution side, including with respect to engineering, construction and procurement, operations, marketing and sales agreements, and transportation arrangements.

Thompson & Knight defends chemical companies against intellectual property, product liability, toxic tort, and environmental lawsuits as well as handles brownfield redevelopment work involving former chemical plant sites. Our environmental attorneys also routinely assist chemical companies in due diligence and permit transfers in mergers, acquisitions, and other investment transactions.

Experience

  • Represented a Texas-based olefins company in a $172.5 million Construction Commitment Agreement (Governing Agreement) and associated Transportation Services Agreement with a joint venture between one of the largest chemical companies worldwide and a Saudi Arabia-based diversified manufacturing company for an ethylene pipeline running from a downstream ethane cracker and chemical facility owned and operated by the joint venture, to an underground storage facility, and eventually to a further-downstream ethylene transportation network currently under development
  • Represented a major chemical manufacturer in the sale of a product pipeline as part of a sale of a chemical plant in Louisiana, including consents to assign pipeline rights-of-way, regulatory issues, and negotiation of a surviving throughput agreement
  • Represent one of the world’s largest chemical manufacturers in its purchase of upstream oil and gas assets
  • Represent a U.S. chemical manufacturer in developing an on-site cogeneration facility, including assisting with all required approvals and associated agreements
  • Represent one of the world’s largest chemical manufacturing sites in negotiating and executing feedstock supply agreements for their U.S. assets
  • Represent the one of the world’s largest manufacturers of petrochemicals, specialty chemicals, and oil products in a variety of electric and pipeline regulatory matters
  • Advised Braskem Idesa on the Ethylene XXI project regarding clearing out rights of use of land where the main port was adapted to receive all construction materials for development of the petrochemical facility within the Municipality of Nanchital, Veracruz, including approaching local authorities for negotiation of lease agreement, clearing of title, and other related issues
  • Obtained a jury verdict in favor of a large chemical manufacturer defending claims of personal injuries and property damages by residents who lived adjacent to a Superfund site; verdict was affirmed by the Texas Court of Appeals
  • Represented the U.S. subsidiary of one of the world’s largest manufacturers of chemicals and oil products in executing a complex downstream transaction for the construction and operation of a plant-within-plant methionine manufacturing facility jointly developed and owned by two Japanese conglomerates and located within the company’s acrylonitrile facility in Texas
  • Obtained a jury verdict in favor of a large chemical manufacturer defending claims of occupational exposures to chemicals by more than 100 workers in a microelectronics facility
  • Served as lead counsel for major national chemical company in federal court negligence and breach of contract case
  • Advised one of the world’s largest manufacturers of chemicals and oil products with respect to numerous environmental issues associated with colocation of a chemical plant owned by another company at the site of the client’s existing chemical plant
  • Represented a chemical manufacturer in defending property damage claims involving groundwater contamination
  • Represented a subsidiary of one of the world’s largest manufacturers of chemicals and oil products, which focuses on the production of polyalphaolefins (PAOs), in a $414 million EPC contract with a global provider of technical, professional, and scientific services
  • Have provided tax advice to a large Mexican chemical company, including representation of a consortium of Luxembourg and Mexican buyers of Mexico assets and operations of a Houston-based oilfield services company
  • Served as counsel to a chemical and plastics company in connection with upset and release issues arising from the startup of a new chemical plant
  • Represented a major chemical supplier in defense of product liability claim and pursuit of indemnity after a major distribution center explosion destroying the premises in the DFW area
  • Served as lead trial and mediation counsel for large international chemical company in breach of contract litigation against electric cooperative
  • Representation regarding a large volume commodity export purchase for a petrochemical project, including due diligence on bidders, review of term sheet, and drafting the fully termed ethane purchase agreement
  • Served as lead trial and mediation counsel for Fortune 100 petrochemical company in negligence case against power company