Joseph Fischer

Practice Areas

Key Practices: Energy; Environment & Natural Resources; Trial & Appellate Litigation

Areas of Focus: Antitrust; Arbitration; Business Litigation; Class Action; Electric Power; Energy Litigation; Environmental | Energy; Environmental Due Diligence; Environmental Litigation & Toxic Tort; Pipeline & Midstream; Product Liability; Real Estate Litigation

Career

Tré Fischer represents companies in the natural gas transportation and processing, electric generation, metals and chemical manufacturing, and real estate industries in complex litigation, in a wide range of transactional matters, before administrative and regulatory bodies, and concerning compliance and liability issues; with litigation of all kinds for corporate, individual, and insurance clients on both sides of the docket; and with the management, litigation, and resolution of environmental issues and natural resource damages claims.

In addition to many years in private practice, Tré served as Vice President & Deputy General Counsel for TRC Companies, Inc. (NYSE: TRR) and Assistant General Counsel for Kaiser Aluminum Corp. (Nasdaq: KALU). His in-house experience provided Tré an uncommon breadth of experience managing and resolving a myriad of complex and significant matters and issues and provides him exceptional insight in serving the needs of and proactively representing the interests of his corporate and individual clients. As former in-house counsel, he has a keen insight in and appreciation for the challenges facing in-house counsel in today’s legal environment. Tré also served as an adjunct professor at the University of Houston Law Center, teaching civil procedure, legal analysis, and legal research and writing to law students. While attending law school, he worked as a tax accountant at Price Waterhouse.

Professional Memberships

State Bar of Texas, Litigation and Environmental sections; Houston Bar Association, Litigation and Environmental sections; Louisiana Bar Association

Publications

O’Connor’s, Texas Oil & Gas – Statues & Regulations, Editor, 2014-2021

Litigation Affecting the Natural Gas Industry, Chapter 51 of Regulation of the Gas Industry (Matthew Bender Elite Products, 5 volume set) (2019-2021)

Work Highlights

- Defending one of the country’s largest electric generators from more than 100s of claims alleging wrongful death, other personal injuries, and property damage in connection with power outages during Winter Storm Uri, with those cases consolidated into an MDL in Texas state court. Appointed liaison counsel on behalf of the more than 300 defendants in the MDL. Also handles the defense of one of the largest pipeline companies in America as well as a global manufacturer and distributor of chemical products and ERCOT load resource in the same MDL.

- Defending the developer of The Woodlands, Texas in claims by more than 500 plaintiffs concerning more than 250 properties alleging negligent development, violations of Texas Deceptive Trade Practices Consumer Protection Act (DTPA), and breach of express and implied warranties concerning flooding caused by Hurricane Harvey.

- Defending one of the largest energy infrastructure companies in North America against claims by a Top 10 independent oil producer alleging breach of two gas purchase agreements and seeking $100s of million in damages under life of lease contracts.

- Defending one of the largest electric utilities in the United States against claims by a natural gas supplier and pipeline company alleging breaches of an agency agreement and tariff concerning alleged liability for operational flow order (OFO) penalties and replacement gas charges.

- Representing an ERCOT market load resource, prosecuting claims against a natural gas and electric power marketing company for breaches of an Edison Electric Institute (EEI) master power purchase and sale agreement and related transaction confirmations and qualified scheduling entity (QSE) agreement in connection with ancillary service fees and force majeure issues stemming from Winter Storm Uri.

- In connection with Chesapeake Energy Corporation’s sale of more than $2 billion in midstream gathering assets, represented the buyer to negotiate and document multiple long-term natural gas gathering and processing agreements concerning midstream assets in the Bossier, Haynesville, Eagle Ford, Marcellus, Niobrara, and Utica shale plays in seven states (Texas, Louisiana, New York, Ohio, Pennsylvania, West Virginia, and Wyoming), with both fixed fee and cost of service structures. Representation included responsibility for negotiating and documenting numerous new gas gathering and processing agreements across the portfolio to support the transaction as well as advising on various aspects of the transaction and having primary responsibility for coordinating with and resolving differences between several competing stakeholders.

- Represented midstream natural gas company in the negotiation and documentation of more than two dozen long-term natural gas gathering and processing agreements concerning assets in the Barnett, Haynesville, Eagle Ford, Marcellus, and Niobrara shale plays, with both fixed fee and cost of service structures, entered over the course of several years with various oil and gas producers and midstream companies.

- Successfully negotiated a groundbreaking multi-site environmental Consent Decree with three federal agencies, including all ten US EPA regions; the states of California, Rhode Island and Washington; and the Puyallup Tribe of Indians. The agreement resolved approximately $700 million of asserted liabilities at approximately 100 separate Superfund sites and ensured favorable treatment of future claims regarding future sites.

Education