Exxon Replaces Paul Weiss with Hueston Hennigan for Climate Litigation

Exxon Mobil replaces Paul Weiss with Hueston Hennigan for US climate litigation, seeking more engaged trial-level counsel.
Exxon Drops Paul Weiss, Shifts Climate Suits Defense Work (1)

Exxon Mobil Corp. is transitioning its legal representation in prominent US climate change litigation cases from Paul Weiss to the specialist firm Hueston Hennigan.

The decision to switch is reportedly driven by cost considerations and a desire for more dedicated trial-level engagement. This information comes from three anonymous sources aware of the situation, which hasn’t been publicly declared yet.

The change is unrelated to recent news about Brad Karp, the former Paul Weiss chairman, who was involved in advising Jeffrey Epstein. The controversy led Karp to step down on February 4, but sources confirm it did not influence Exxon’s decision. Karp’s involvement was detailed in Justice Department files that were made public.

Exxon’s legal change occurs amidst a series of climate change lawsuits facing the company and other major oil firms. Paul Weiss, which has solidified its role as legal advisors for Exxon’s competitor Chevron Corp, has withdrawn from at least four cases in Connecticut, Hawaii, Maine, and Washington state, as per legal filings.

Leading the Hueston Hennigan team are John Hueston, a former federal prosecutor known for his work on the Enron case, and Moez Kaba, the firm’s managing partner, according to court documents and sources.

Paul Weiss, Hueston Hennigan, and Exxon have not provided comments regarding this development.

Paul Weiss’s Historical Involvement

The role of Paul Weiss in representing Exxon has been significant, with its litigation team led by veteran lawyer Theodore “Ted” Wells Jr. Wells, who joined Paul Weiss in 2000, brought Exxon as a client with him from his previous firm. He had a strong professional rapport with Exxon’s former lead director Kenneth Frazier, who retired in 2022.

The decision for Paul Weiss’s withdrawal from the Exxon cases coincided with the release of Justice Department documents related to Epstein on January 30, though such significant changes in legal representation are typically not made overnight.

Wells worked alongside other partners, including Daniel Toal, Yahonnes Cleary, and Justin Anderson. Notably, Anderson departed in 2023 to head litigation at Exxon. Kannon Shanmugam, a notable appellate lawyer, succeeded Wells on the Harvard Corp. board and has also represented Exxon.

While Paul Weiss continues to represent Exxon in certain ongoing cases, it has achieved significant victories for the company, including defending it successfully against a $1.6 billion lawsuit by New York State and another case by Charleston over climate change risks.

The firm has faced protests in the past, notably from law students at Harvard and Yale, who opposed its work for Exxon on climate change litigation.

Chevron’s Relationship with Paul Weiss

Paul Weiss has established itself as a strategic partner for Chevron, particularly in mergers and acquisitions. Under Scott Barshay’s leadership, the firm has handled Chevron’s major transactions, like its $5 billion acquisition of Noble Energy Inc. and the attempted $33 billion purchase of Anadarko Petroleum Corp.

Most recently, Paul Weiss facilitated Chevron’s $53 billion acquisition of Hess Corp., a move finalized despite Exxon’s attempts to challenge the deal.

Chevron has not commented on these developments.

Exxon and Chevron: A Competitive Landscape

Exxon and Chevron have been involved in a notable dispute over oilfield access in Guyana, with Exxon pursuing arbitration to protect its rights. Although Exxon lost the arbitration, it now shares access to the region’s oil-rich waters with Chevron and Cnooc Ltd.

Despite their rivalry, Paul Weiss has managed to balance its representation between these oil giants, reflecting the complex and interconnected nature of the energy industry.

“It’s not uncommon to be friends and allies on one deal and enemies on yet another,” remarked Ed Hirs from the University of Houston, highlighting the dynamic relationships within the sector.

Christopher Kulander from the University of Texas School of Law added that energy companies often focus on avoiding litigation conflicts, indicating that despite competitive tensions, cooperation could still be possible in other areas.

Original Story at news.bloomberglaw.com