Elizabeth E. Klingensmith
|Houston, TX||v. +1.713.632.8697||f. +1.713.583.2231|
Liz Klingensmith primarily focuses her corporate litigation practice on oil and gas litigation, routinely representing companies both large and small in disputes arising from oil and gas operations and transactions in Texas and North Dakota as well as oil and gas clients in Oklahoma and Louisiana on a pro hac vice basis.
Ms. Klingensmith has litigated small and large-scale disputes in a wide array of industries that includes transportation, construction, banking, real estate, and professional services. She has extensive experience handling lawsuits involving claims for breach of contract, fraud, breach of fiduciary duty, post-judgment enforcement, theft of trade secrets, breach of employment agreements, conversion, and declaratory judgment. She also regularly counsels clients on disputes arising from joint operating agreements, master services agreements, procurement agreements, lease agreements, exploration and development agreements, joint venture agreements, purchase and sale agreements, and various financing agreements.
Whether in a small town courtroom or before an arbitration panel comprised of industry experts, Ms. Klingensmith comes prepared with an understanding of the law and facts, and a full appreciation of her clients’ business objectives. She capably simplifies complex issues into a persuasive story whether for judge, jury, or mediator. As a result, she has distinguished herself as a trusted advisor and zealous advocate for her clients. She approaches each dispute with an eye towards facilitating early resolution, but when the time comes to go to trial, she fiercely and fearlessly advocates on her clients’ behalf.
Ms. Klingensmith frequently speaks on a variety of litigation law topics and authors articles for national audiences on topics related to oilfield services, oil and gas litigation, and energy litigation. During law school, she served on the editorial staff for the Houston Journal of International Law.
- Successfully facilitated a settlement agreement between a working interest owner and operator involving an alleged misappropriation of funds from a joint account.
- Provided trial consulting services for numerous cases in Oklahoma involving claims by landowners related to an alleged failure to further develop a stacked play.
- Assembled and led a litigation team in responding to voluminous discovery requests on behalf of a third-party to bankruptcy proceedings, including the collection, processing, review, and production of electronically-stored information.
- Tried to jury verdict a contract dispute arising between former executives and a successor-in-interest following a merger involving compensation and benefits.
- Successfully obtained a favorable settlement on behalf of an employer against a former employee in a dispute arising from the misappropriation of trade secrets.
- Successfully tried a commercial lease dispute to favorable judgment for a former tenant.
- Successfully secured a take-nothing judgment after a bench trial against an engineering firm related to the procurement and commissioning of an inoperable vapor recovery unit.
- Arbitrated a multimillion dollar dispute arising from a failed Deepwater development project in the Gulf of Mexico against a foreign corporation and domestic subsidiaries.
- Obtained a favorable arbitration award on behalf of a pipeline company against a large valve manufacturer for damages, costs, and attorney’s fees incurred as a result of an inline inspection tool becoming lodged in a defective valve.
- Obtained a favorable settlement on behalf of the former owners of a waterflood project related to alleged violations of Texas Railroad Commission Rules concerning injection wells.
- Successfully mediated an oil and gas arbitration dispute to a favorable settlement on behalf of an investment banker related to the rendition of financial advisory services in connection with the acquisition of oil and gas interests.
- Litigated a dispute that concerned the construction of various provisions in a series of oil and gas leases, including continuous operations and horizontal severance clauses.
- Advised a non-operating working interest owner on issues with an operator arising from a joint operating agreement and participation agreement.
- Advised a non-operating working interest owner on a dispute arising from inadvertent assignments of oil and gas interests outside an area of mutual interest.
- Successfully mediated a settlement of a construction dispute in an arbitration arising from procurement issues.
- Successfully arbitrated a non-subscriber claim arising from a workplace injury.
- Prosecuted code violations and misdemeanors for the City of Houston Municipal Courts as a volunteer prosecutor.
COMMUNITY SERVICE & AFFILIATIONS
Ms. Klingensmith is passionate about engaging young and diverse professionals in the energy industry and currently serves as the chair of the Young Energy Professionals (“YEP”) Committee for the Institute for Energy Law. Prior to leading the YEP Committee, she co-chaired the ABA Section of Litigation Energy Litigation Committee.
Over the years, Ms. Klingensmith has been involved with the United Way through the Women’s Initiative and Young Leader programs, the Houston Bar Association Oil, Gas and Mineral Law Section, and the Association of Women Attorneys as the 2014 Judicial Reception Chair.
Ms. Klingensmith is a Houston Young Lawyers Foundation Fellow, Class of 2010.
- 2013-2017, “Rising Star,” listed by Texas Super Lawyers
- 2010, “Yellow Rose of Texas,” commissioned by Governor Perry
A description of the standard or methodology on which the accolades are based can be found here.