Litigation

Oliva Gibbs’ litigation attorneys represent exploration and production companies, operators, mineral buyers, construction companies, and service providers in complex litigation, arbitration, and contract negotiations with strategies tailored to their unique goals. We begin by partnering with clients to learn their business and goals, then craft a legal strategy tailored to your objectives — always with an eye toward protecting value, mitigating risk, and delivering practical results.

Common disputes we handle

We manage a broad spectrum of litigation and dispute resolution matters for oil and gas clients across Texas and Ohio. Our attorneys bring a deep understanding of the energy industry, balancing legal advocacy with practical business insight to achieve results that protect both immediate and long-term value. Our experience includes:

• Royalty and revenue disputes, including matters involving underpayment or nonpayment of royalties; improper post-production deductions; production-in-paying-quantities challenges; division order disputes; and allocation and pooling disputes.
• Title and ownership disputes, including mineral title disputes; lease termination and expiration claims; top lease conflicts; quiet title and declaratory judgment actions; adverse possession and boundary disputes; and competing ownership or royalty interest claims.
• Contract disputes, such as conflicts arising under joint operating agreements (JOAs); leases, master service agreements (MSAs); purchase and sale agreements (PSAs); surface use agreements (SUAs); and other critical industry contracts.
• Surface and property rights, including surface use and access conflicts; easement and right-of-way disputes; trespass and subsurface trespass claims; and site remediation and environmental conditions.
• Construction disputes, such as breach of contract; nonpayment and delayed payment issues; mechanic’s liens; bond claims; change order disputes; scope of work conflicts; defect claims; and delays and scheduling claims.
• Regulatory actions, including permit challenges and enforcement actions; agency hearings; compliance disputes; unitization and pooling; and others.
• Operational and tort claims, including negligent operations, personal injury and wrongful death, and property damage claims.
• Appellate litigation, including appeals from trial court or agency rulings.

Learn more about dispute resolution

Proactive risk management

We know that the most effective dispute is the one avoided altogether. That’s why we also counsel clients on risk mitigation strategies — identifying potential areas of exposure early, strengthening contractual protections, and developing compliance frameworks that help prevent conflicts before they escalate.

MSAs & contract negotiation

Successful upstream oil and gas development depends on well-structured contracts. At Oliva Gibbs, we draft essential contracts with a deliberate focus on risk allocation, indemnity, and operational protection. Our approach goes beyond simply drafting documents — we structure agreements to provide clarity, reduce ambiguity, and minimize the risk of future disputes and litigation.

Learn more about our contract negotiation services

Alternative dispute resolution

Not every dispute requires the time, cost, and publicity of courtroom litigation. At Oliva Gibbs, we help clients achieve efficient, effective outcomes by aligning legal strategy with commercial realities. When privacy is essential or speed is critical, alternative dispute resolution (ADR) offers a practical path to resolution.

We represent oil and gas companies in arbitration and mediation, developing strategies that protect business interests while minimizing cost, disruption, and risk. By combining deep industry knowledge with a tailored strategy, we help clients reach solutions that safeguard relationships and preserve value.

Learn how we can help with dispute resolution

Regulatory

Oil and gas operations are shaped by a complex framework of state and federal regulations. At Oliva Gibbs, we guide clients through this landscape and represent them in proceedings where regulatory compliance and business objectives intersect. Our litigators understand not only the rules and processes, but also how and when to push back against agency action.

We represent clients before agencies in a wide range of proceedings, including:

• Permit protests — challenging or defending drilling, completion, and operational permits
• Pooling & unitization — protecting client interests in pooling and unitization proceedings
• Administrative appeals — handling appeals of agency rulings and enforcement actions with industry-wide implications
• Compliance & enforcement — defending clients in regulatory enforcement matters involving reporting, environmental, and operational requirements

Our team combines regulatory insight with litigation skill to deliver strategies that balance compliance obligations with operational goals. We know the processes, the players, and the pressure points—and we work to achieve results that protect both immediate operations and long-term business value.

Learn more about regulatory matters

Construction litigation

Projects involve multiple parties, complex contracts, and strict timelines – conditions that make disputes almost inevitable. At Oliva Gibbs, we represent companies in the full range of construction litigation matters. Our attorneys combine industry knowledge with practical advocacy to resolve disputes efficiently and protect project value.

• Contract & payment disputes – handling breach of contract claims; nonpayment and delayed payment issues; mechanics’ liens; bond claims; change order disputes; scope of work conflicts; and contract termination matters
• Defect & performance claims — litigating claims involving defective design or construction, structural failures, and warranty disputes
• Delay & scheduling issues — addressing disputes over project delays, acceleration, disruption and loss of productivity; liquidated damages; and critical path scheduling conflicts
• Insurance & risk allocation — representing clients in coverage disputes under commercial general liability and builder’s risk policies, as well as indemnity, hold harmless, and surety bond claims

We know disputes can delay projects, increase costs, and strain relationships. That’s why our attorneys focus on practical solutions – resolving conflicts where possible, litigating when necessary, and always aligning our strategy with your business objectives.

Appellate litigation

In oil and gas litigation, the stakes are always high – revenues, operations, and precedent often hang in the balance. Appellate advocacy requires a different skill set than trial work, and our attorneys excel at identifying issues, framing arguments, and positioning cases for success before appellate courts or agencies.

Our litigation attorneys handle appeals across Ohio and Texas, especially those involving key questions of energy law, lease interpretation, and regulatory authority. Whether the objective is to preserve a trial court victory or overturn an adverse decision, we bring the experience and insight needed to advocate effectively on appeal.

What sets Oliva Gibbs apart is our understanding of how the energy industry works and what’s at risk when disputes escalate. We integrate deep industry knowledge into every stage of litigation, from developing trial themes and negotiating settlements to preparing for arbitration and appeals. Our goal is the same in every matter: deliver strategies that protect client interests and preserve value in a highly competitive, highly regulated industry

Learn more about our appellate litigation services