Biography

Paul B. Simon advises clients on regulatory issues and represents them before the major federal land & leasing agencies, including the Bureau of Land Management (BLM), BOEM, BSEE, and ONRR, as well as in appeals before the Department of Interior’s Board of Land Appeals.  Paul’s clients include active onshore in the major downhole basins and shale plays throughout the country (incl. the Permian, Eagle Ford, Marcellus, Utica, Haynesville, and Woodford Basins) and offshore in the Gulf of Mexico on the Outer Continental Shelf.

Paul also advises oil & gas operators and investors on upstream and midstream acquisitions and divestitures, private equity investments, prospect and field financing and development, and similar strategic transactions.  Paul’s experience includes counsel on the industry’s primary agreements, including JOAs and OOAs, IADC drilling contracts, participation agreements, mineral leases (OGMLs), exploration agreements and farmouts, master service agreements (MSAs), commingling and unitization agreements, production handling and gathering agreements, and assignments.

Paul serves on the Advisory Board of the Institute for Energy Law and on the Advisory Council of the LSU Mineral Law Institute and is an Assistant Examiner in Constitutional Law for the Louisiana Bar Exam.  Prior to joining Burke Law Group, Paul was a partner at a nationally-ranked oil & gas law firm and clerked on the Fifth Circuit Court of Appeals.  Prior to practicing law, Paul worked as a management consultant with McKinsey & Company in the firm’s Amsterdam office.

Representative Matters

• Prevailed in 10 of last 12 writ applications – 9 of last 11 to Louisiana Supreme Court and 1 for 1 to United States Supreme Court (as amicus)
• Won 6-1 decision at Louisiana Supreme Court to overturn an adverse appeals court decision that vacated approval of our client’s permit for a strategically significant expansion of its chemical plant worth hundreds of millions of dollars – formulated the strategy to seek the writ and on what grounds, prepared the application and convinced the Court to hear the case, then argued it and prevailed with the Court reversing and rendering in client’s favor on all issues.
• Won reversal of unanimous appeals court decision on behalf of regional bank, reinstating the largest foreclosure judgment in the bank’s history for millions of dollars remaining unpaid on a loan it had made to finance a large commercial hotel project, which the appeals court decision left it unable to recover, at all – formulated strategy to seek the writ, prepared the application, and convinced the Court to reverse and render in client’s favor, resulting in full recovery by client.
• Won reversal of appeals court decision that would have held E&P client jointly and severally liable for claims of financial institution on large, unsuccessful drilling venture – formulated strategy and convinced Court to reverse and render in client’s favor, that it was only severally liable for a proportion of the claims.
• Defeated attempt by plaintiff’s bar to bring mass or class action challenge to unitization decisions in Haynesville Shale, after Louisiana Second Circuit allowed case worth billions of dollars to proceed against major E&P operators and Louisiana Office of Conservation.
• Represented energy amici in brief to Ninth Circuit Court of Appeals in recent Lighthiser case, presenting arguments against climate alarmism and asking court to vacate portions of trial court decision opining on the merits of the case while dismissing it on procedural grounds.
• Represented another energy amici in brief to United States Supreme Court in Suncor case in which Court granted certiorari presenting arguments to review and reverse decision of Colorado Supreme Court authorizing tort case against energy companies by City of Boulder for damages caused by climate change.
• Extensive experience in state and federal appellate courts, including at Louisiana First, Second, Third, and Fourth Circuits and Federal Fifth and Ninth Circuits.
• Extensive experience in state and federal trial courts in Louisiana and Texas.
• Represented a Louisiana oil and gas operating company in multiple actions brought by creditors and non-operating working interest owners, successfully defending suits and navigating a challenging legal landscape as the company recapitalized and confronted ongoing regulatory issues.
• Represent major midstream refinery owner in CERCLA litigation by Department of Justice seeking eight-figures in damages for cleanup of superfund site.
• Represented land and capital holding entities in a threatened foreclosure and seizure action by a major creditor, obtaining a favorable settlement and forbearance in a matter valued at $34 million.
• Represented a co-owner of an energy company in a suit against the company’s co-manager for malfeasance in violating his fiduciary duties and permitting a business partner to infringe on the company’s intellectual property, ultimately costing it several tens of millions of dollars in lost business opportunities, among other misconduct.
• Represented former president of an energy company in suit by company against him and other executives for alleged violation of his fiduciary duties, arising from bankruptcy of company.
• Represented former president and co-owner of a disaster restoration company for alleged fraud in sale of company to private equity purchaser in eight-figure transaction.
• Represented drilling and logistics company in suit against former president for misappropriation of company property and trade secrets.
• Represented top tech salesman in suit against former employer in claims for unpaid commissions and bonuses.
• Defended a marine manufacturing company in a suit brought by its former president alleging unpaid severance and breach of fiduciary duty, valued at $4.5 million.
• Represented a consulting firm and its principal in an arbitration for the collection of unpaid fees for services performed for a capital investment firm and defended against counterclaims in that arbitration.
• Represented midstream energy company in disputes with Louisiana Department of Revenue and former customer arising out of allegedly improperly paid and credited severance taxes.
• Represented commercial construction company in action against executives and owners of recently-purchased subsidiary for their failure to comply with purchase agreement, and subsequently the restrictive covenants of their employment agreements.
• Represented marine manufacturing company (and one of largest employers on Gulf Coast) against claims by its former president (and ex-wife of current CEO) for one-quarter ownership interest in company (valued at tens of millions of dollars) and millions of dollars in allegedly unpaid severance.
• Represented international spirits company in suit against local subsidiary for violation of agreement to purchase subsidiary and related duties. Multi-year litigation in state and federal court that included appeal writs of district court rulings and ultimately resulting in a settlement in client’s favor granting it the relief it sought when it filed suit.

Clerkships

• Hon. W. Eugene Davis, United States Court of Appeals for the Fifth Circuit
• Hon. Dee D. Drell, United States District Court for the Western District of Louisiana