David Baay is the head of the Eversheds Sutherland (US) Energy Litigation team and serves as Partner in Charge of the Houston office. David represents the energy industry in commercial litigation. His clients include multinational oil companies, drilling contractors, pipeline operators, oilfield service companies, and multi-commodity traders. With trial and arbitration experience spanning the past 20 years, David represents his clients in high stakes litigation and other crisis situations. He takes pride in finding creative solutions to his clients’ problems.
David was part of the team that represented Transocean Deepwater Drilling, Inc., in the Gulf of Mexico oil spill litigation. He initially served on Transocean’s internal investigation team, helping to direct efforts related to the forensic examination of the blowout preventer. He handled interactions with the governmental agencies involved in the forensic examination and led efforts to secure a neutral testing site for the blowout preventer, all in a politically charged atmosphere. David also helped to coordinate discovery efforts in this MDL proceeding that encompassed hundreds of fact and expert witnesses’ discovery and depositions.
David has also represented various energy companies, as both plaintiffs and defendants, in matters involving millions of dollars in potential exposure. He has deep experience advising clients on conducting pre-suit investigations assembled for the purpose of determining root cause and advising the client on impending litigation exposure.
Client Tools
•Crisis Response & Incident Investigation
Awards and Rankings
Selected for inclusion among Texas Super Lawyers (2014-2018)
Selected for inclusion among Texas Super Lawyers “Rising Stars” (2006, 2012-2013)
Experience
“With litigation, you have to consider the overall cost, including the impact on a client’s executives and the potential disruption of business operations.”
Experience
Represented a pipeline company in arbitration related to a dispute involving the construction of an offshore platform.
Represented a trader in a commercial dispute related to the use of crude railcars.
Represented a commodity trader in a breach of contract claim related to the physical purchase and sale of coal, which resulted in a significant settlement for the client.
Won a full award at arbitration on behalf of a Japanese petroleum trading company in a dispute regarding a biodiesel tax credit.
Obtained a seven-figure arbitration award for a prominent international pipeline company.
Prosecuted product liability claims on behalf of an international offshore drilling company involved in the Gulf of Mexico oil spill.
Defended an offshore drilling manufacturer against claims of breach of contract, breach of warranty, negligence and declaratory relief following a volcanic eruption that damaged the client's equipment.
Obtained summary judgment and a damages award in excess of $1.5 million for an oilfield services company related to a commercial breach of contract dispute involving the purchase and sale of oilfield equipment.
Publications
Legal Alerts
Force Majeure Clauses in Texas (April 9, 2020)
The confluence of COVID-19 and the drop in crude prices warns of hard times in Texas. As firms grapple with economic uncertainty and financial stress, many will look to claims of force majeure, ...
You or your counterparty cannot perform your contract, now what? An examination of US Courts’ treatment of force majeure (March 20, 2020)
By now, you have seen countless commentaries about potential supply chain disruptions caused by COVID-19. Most tell you to review your contracts, including any force majeure provisions, to determine ...
Texas bans large vessels from Houston Ship Channel, appoints new traffic cop (August 13, 2019)
Introduction & Background On September 1, 2019, any vessel larger than 1,100 feet will no longer have open access to the Houston Ship Channel (HSC) absent approval by the newly authorized and ...
Survival of the deference-Auer deference evolves in Kisor v. Wilkie (June 27, 2019)
On June 26, 2019, the US Supreme Court handed down a long-awaited decision in Kisor v. Wilkie, a case that challenged Auer deference, a long-standing doctrine of administrative agency law that ...
Uncharted waters-the path to recovery for business interruption related to oil spills (April 11, 2019)
The ITC incident On Sunday, March 17, 2019, at approximately 10:00 a.m., a storage tank caught fire at the Intercontinental Terminals Company (ITC) Deer Park facility, near Houston, Texas. The fire ...
Court of Appeals Affirms Standard for Obtaining Temporary Injunction When Prospect of Monetary Relief Is Insufficient (August 2, 2017)
On July 11, 2017, the Houston Fourteenth Court of Appeals affirmed the right for a party to obtain a temporary injunction when it becomes evident that monetary damages might be an insufficient ...
It Is Not A Duck! $535 million pipeline verdict reversal portends new era of joint venture conflicts. (July 26, 2017)
On July 18, 2017, the Dallas Court of Appeals reversed a 2014 jury verdict that resulted in a $535 million judgment in favor of Energy Transfer Partners, L.P. (“ETP”) against its counterparty ...
Cleaning Up the Cleanup Process? Administration’s Power Shift Increases Uncertainty to Superfund (June 5, 2017)
In May, the Environmental Protection Agency (EPA) took several steps that are likely to refocus the Agency’s attention from greenhouse gas emission reductions and other novel uses of existing ...
Legal Alert: A Sea of Change: The Congressional Review Act and Energy Regulation (May 24, 2017)
The beginning of 2017 has brought a sea change within the US regulatory regime, with yet unknown global effects. While Congress and the administration targeted many regulations, only 15 were reviewed ...
Dallas Court of Appeals Reverses $2.9 Million Jury Verdict, Finding Insufficient Evidence of Intent (February 7, 2017)
In 2014, the jury awarded $2.9 million to plaintiff landowners in Lisa Parr et.al. v. Aruba Petroleum, Inc., a case involving alleged hydrocarbon exposure due to hydraulic fracturing operations. ...
Articles
Texas Exceptions to the American Rule (Winter 2017)
The Advocate
Commercial litigators in Texas might often forget that the United States generally follows the “American Rule” for the recovery of attorney’s fees-i.e., each party shall bear the burden of paying ...
A Sea of Change: The Congressional Review Act and Energy Regulation (Fall 2017)
Partnering Perspectives
Since President Donald Trump took office, the administration and Republican-controlled Congress have repealed 14 regulations. While some see a potential sea change in the US regulatory landscape, in ...
A Sea of Change: The Congressional Review Act And Energy Regulation (May 26, 2017)
Breaking Energy
Eversheds Sutherland (US)’s legal alert, “A Sea of Change: The Congressional Review Act and Energy Regulation,” was republished by Breaking Energy.
Protecting Against Financially Distressed Counterparties (May 13, 2016)
Law360
Dealing with distressed counterparties presents multiple challenges to any lawyer and any organization. In their article for Law360, Sutherland attorneys David Baay, Mark Sherrill and Travis ...
2015 Amendments to the Federal Rules of Civil Procedure (November 24, 2015)
The Litigation Practice Group of Sutherland Asbill & Brennan LLP has published “2015 Amendments to the Federal Rules of Civil Procedure.” This publication reflects important changes to the Federal ...
Changes to California Proposition 65 May Affect Texas Businesses (April 13, 2015)
Law360
Manufacturers and retailers of products including food, beverages and cosmetics have found themselves victims of Proposition 65 lawsuits, which requires companies that “do business” in California to ...
Why Texas Will Never Recognize Underground Water Migration as Trespassing (February 27, 2015)
The Texas Lawbook
In his article for The Texas Lawbook, Sutherland attorney David Baay provides his thoughts on the recent decision from the Texas Supreme Court in FPL Farming Ltd. v. Environmental Processing Systems. ...
In Texas, Conflict Between Mineral and Water Rights (April 7, 2014)
The National Law Journal
Water used during hydraulic fracturing accounts for a small fraction of Texas' water use, but disposal of wastewater looms large among environmental concerns regarding the practice. AP Photo/Pat ...
Newsletters
Partnering Perspectives: Insights from Inside and Outside the Corporate Law Department (Spring 2018)
With emerging technology, evolving international relationships and an increased focus on corporate responsibility, companies are faced with new challenges and opportunities, a fresh perspective on ...
Partnering Perspectives: Insights from Inside and Outside the Corporate Law Department (Fall 2017)
With the US poised to decrease regulation and the outcome of Brexit unknown, multinational institutions face a great deal of unpredictability in the regulatory landscape. We are pleased to present ...
Presentations
“Whether it’s a large civil or criminal claim, the energy industry has its own unique set of challenges.
Presentations
The Inside Job: How to Handle Internal Investigations and Avoid Common Pitfalls (September 20, 2016)
ACC - Houston Chapter
An internal investigation is intrusive, uncomfortable and often disruptive, but there are many reasons for conducting one. How does in-house counsel successfully manage an internal investigation? ...
Navigating the Storm: Best Practices to Protect Your Company Against Financially Distressed Counterparties (July 12, 2016)
Sutherland attorneys David Baay, Mark Sherrill and Travis McCullough present Navigating the Storm: Best Practices to Protect Your Company Against Financially Distressed Counterparties on July 12, ...
Managing the New Normal: Safety Regulation and Post-Incident Response (June 22, 2016)
Sutherland Asbill & Brennan LLP and FTI Consulting host a panel discussion focused on risk mitigation and effective crisis management on June 22, 2016, in New York, New York. Managing the Current ...
Navigating the Storm: Best Practices to Protect Your Company Against Financially Distressed Counterparties (February 16, 2016)
The ACC Houston Chapter
Sutherland attorneys David Baay and Travis McCullough speak on the panel, “Navigating the Storm: Best Practices to Protect Your Company Against Financially Distressed Counterparties,” at the ACC ...
MSA and Contract Issues: Indemnities Update, Safety Issues, ISNet (October 9, 2014)
IEL Oilfield Services Law Conference
Sutherland Partner David Baay presents MSA and Contract Issues: Indemnities Update, Safety Issues, ISNet at the IEL Oilfield Services Law Conference held October 9, 2014, in Houston, TX.
Mitigating Environmental Disaster and Preparing for Incident Response (September 29, 2014)
Environmental Compliance and Commitment Legal Summit - 2014
Sutherland Partners David Baay and Matt Gatewood participate on a panel moderated by Lewis Wiener, Sutherland Partner at the Environmental Compliance and Commitment Legal Seminar in New York City. ...
Four Years Later: a Post-Macondo Update (April 23, 2014)
ACC Houston Energy Committee Luncheon
Sutherland Partner David Baay presents Four Years Later: a Post-Macondo Update at the ACC Houston Energy Committee Luncheon. David gives a case update and discusses the legal ramifications of ...
The Oilfield in a Post-Macondo World (Multiple presentations to in-house legal groups)
Sutherland attorneys David Baay, Steve Roberts, Daniel Johnson, Jack Massey, Juan Garcia and Stephany Olsen LeGrand regularly provide in-house legal groups with the presentation “The Oilfield in a ...
Service Contracts in a Post-Macondo World (February 10, 2014)
Sutherland Partners David Baay and Marc Rawls present Service Contracts in a Post-Macondo World on February 10, 2014.
Oil Spill Liability in the U.S. and Abroad (May 7, 2013)
Association of Corporate Counsel Energy Committee
Sutherland Partners David Baay and Peter Rodgers present Oil Spill Liability in the U.S. and Abroad at Association of Corporate Counsel - Energy Committee.
News
In the News
Eversheds Sutherland Represents Energy and Commodities Trading Company in Major Contract Dispute (May 18, 2018)
Law360
Eversheds Sutherland Partner David Baay is mentioned in this Law360 article for representing Vitol.
How Law Firms Responded When Disaster Struck (October 4, 2017)
Law360
Eversheds Sutherland Houston Partner in Charge David Baay is quoted in this Law360 article regarding emergency preparedness plans in light of the recent natural disasters. The article notes that ...
Who’s Who in Energy: Houston’s 2016 honorees (November 24, 2016)
Houston Business Journal
The Houston Business Journal named Sutherland Partner David Baay to its 2016 Who’s Who in Energy list. The list is the result of an annual survey conducted by the publication, which focuses on peer ...
Lawyer David Baay Takes on Life-Changing Pro Bono Case (August 1, 2016)
Texas Lawyer
In a Q&A published by the Texas Lawyer, Sutherland Partner David Baay discusses his pro bono victory representing a Kazakhstan man and his family who endured more than a decade of persecution over ...
Baptist Minister Granted Asylum after Persecution in Kazakhstan (July 4, 2016)
Baptist Standard
Sutherland Partner David Baay is quoted in this Baptist Standard article regarding his recent pro bono victory for a client who endured more than a decade of persecution in Kazakhstan over his ...
After Two-Year Wait, Kazakhstani Missionary Allowed to Remain in U.S. (June 25, 2016)
Houston Chronicle
Sutherland is mentioned in this Houston Chronicle article for representing a Kazakhstan man and his family on a pro bono basis. The client, Viktor Lim, is a Baptist missionary who endured more than a ...
‘Masterful’ Judge Credited for BP Case’s Timely End (July 6, 2015)
Law360
Partner David Baay is quoted in this Law360 article discussing U.S. District Judge Carl Barbier’s role in the recent settlement between BP Exploration & Production Inc. and the government related to ...
Without A Deal, BP Would Have Faced Harsher Penalties (July 2, 2015)
Law360
Partner David Baay is quoted in this Law360 article discussing the recent settlement between BP Exploration & Production Inc. and the government related to the 2010 Gulf of Mexico oil spill. David, ...
Fifth Circuit Gives Chemical Board Subpoena Power in Deepwater Horizon Probe (March 17, 2015)
Texas Lawyer
Sutherland Partner David Baay is quoted in a Texas Lawyer article regarding the New Orleans-based U.S. Court of Appeals for the Fifth Circuit upholding five administrative subpoenas that the Chemical ...
Deepwater Subpoena Ruling Turns Up Heat on Offshore Companies (March 13, 2015)
Law360
Partner David Baay is quoted in a Law360 article regarding the New Orleans-based U.S. Court of Appeals for the Fifth Circuit decision affirming a lower court ruling that the Chemical Safety and ...
Press Releases
Four Eversheds Sutherland Attorneys Recognized by Texas Super Lawyers (September 7, 2018)
AUSTIN and HOUSTON-Eversheds Sutherland (US) LLP is pleased to announce that four Texas-based attorneys have been selected as top attorneys in the state by Super Lawyers. Eversheds Sutherland’s 2018 ...
Three Eversheds Sutherland Attorneys Recognized by Texas Super Lawyers (September 14, 2017)
AUSTIN and HOUSTON-Eversheds Sutherland is pleased to announce that three Texas-based attorneys have been selected as top attorneys in the state by Super Lawyers. Eversheds Sutherland’s 2017 Texas ...
Houston Partner David Baay Makes “Who’s Who in Energy” List (November 28, 2016)
HOUSTON-Sutherland Asbill & Brennan LLP is pleased to announce that Partner David A. Baay was selected among the Bayou City’s most influential energy leaders by the Houston Business Journal, which ...
Texas Super LawyersRecognizes Three Sutherland Partners (September 6, 2016)
AUSTIN and HOUSTON-Sutherland Asbill & Brennan LLP is pleased to announce that three of the firm’s Texas-based partners have been selected as top attorneys in the state by Super Lawyers. Sutherland’s ...
Sutherland Secures Pro Bono Victory: Court Grants Asylum to Client Facing Persecution in Kazakhstan (June 27, 2016)
HOUSTON-Sutherland Asbill & Brennan LLP is pleased to announce that the U.S. government granted asylum to a Kazakhstan man and his family represented by the firm on a pro bono basis. The client, ...
Texas Super Lawyers Recognizes Four Sutherland Partners (September 8, 2015)
AUSTIN and HOUSTON-Sutherland Asbill & Brennan LLP is pleased to announce that four of the firm’s Texas-based partners have been selected as top attorneys in the state by Super Lawyers. The ...
Texas Super Lawyers Recognizes Four Sutherland Partners (September 10, 2014)
AUSTIN and HOUSTON-Sutherland Asbill & Brennan LLP is pleased to announce that four of the firm’s Texas-based partners have been selected as top attorneys in the state by Super Lawyers. The ...
125 Sutherland Attorneys Named Super Lawyers and Rising Stars in 2013 (May 28, 2013)
ATLANTA and WASHINGTON (May 28, 2013) - Sutherland Asbill & Brennan LLP announced today that 119 of the firm’s lawyers were chosen as top attorneys and Rising Stars by Super Lawyers. The designations ...
86 Sutherland Attorneys Named as “Best Lawyers in America (November 5, 2012)
ATLANTA and WASHINGTON (November 5, 2012) - In the 2013 edition of The Best Lawyers in America, 86 Sutherland Asbill & Brennan LLP attorneys are recognized as leaders in their field. The publication ...
Sutherland Asbill & Brennan Attorneys Earn 2012 Texas Rising Stars Honors (March 15, 2012)
HOUSTON (March 15, 2012) - The Houston office of Sutherland Asbill & Brennan LLP is proud to announce that partners David Baay and Daniel Johnson and associate Juan Garcia are highlighted in the 2012 ...
