HARVEY COHEN has more than thirty years experience as a trial lawyer and has tried more than seventy cases in state and federal courts in Texas and other states. He has represented both plaintiffs and defendants in all types of contract and business related disputes in the energy industry. His cases have involved representation of exploration and production companies in all aspects of disputes with landowners, venture partners, including operational and accounting issues. Outside the energy industry, he has tried major cases involving trademark infringement, lender liability, insurance coverage and director and officer liability under federal and state securities laws. He has experience in securities fraud, consumer and royalty owner class action litigation.
Representative Experience
Mr. Cohen has successfully represented many trial court clients in appeals in both state and federal courts. In addition to reported cases, Mr. Cohen has successfully represented clients in reaching fast and cost-effective settlements of major cases.
- Lead counsel for Chesapeake Energy in successful arbitration case seeking recovery of several million dollars for working interest share of expenses against joint owner of multi-well project. Arbitration award for all drilling and completion expenses in favor of Chesapeake; award confirmed by U.S. District Court.
- Lead trial and appellate counsel for El Paso Natural Gas in a usury case arising from the sale of the site of a proposed LNG plant on the Gulf Coast. El Paso Natural Gas v. Berryman, 858 S.W.2d 362 (Tex. 1992).
- Among his cases for clients in the energy industry are two cases in which the doctrine of repudiation was successfully used to overcome a lessor’s claim of lease termination. NRG Exploration v. Rauch, 671 S.W.2d 699 (Tex.App. – 1989) and 905 S.W.2d 405 (Tex.App. – 1995).
- Represented the former CEO and CFO of an insolvent aviation insurer against criminal and civil charges brought by the State of Texas and was successful in obtaining dismissals of three consecutive indictments, after which no further criminal charges were brought, and a civil settlement for less than 2% of the State’s claim against those individuals.
- Successfully negotiate substantial settlements for exploration and production clients in take-or-pay litigation and cases involving gas plant accounting.
