Benjamin A. Escobar, Jr.

Benjamin Escobar’s practice focus on commercial disputes. His practice includes litigation before state and federal courts, state and federal agencies, and arbitration tribunals.  He has represented clients in a variety of commercial disputes within the energy industry, including litigation concerning:

• Operating agreements related to onshore and offshore oil and gas operations
• Production and handling agreements
• Engineering procurement and construction contracts
• Asset purchase and sale agreements
• Oil and gas transportation agreements and gas processing agreements
• Protection of intellectual property rights
• Alleged errors and omissions related to design and construction administration of construction projects

Mr. Escobar also represents clients in the process industry. His practice includes representation of clients in connection with OSHA investigations, personal injury claims, indemnity claims and casualty and business interruption losses.

• University of Houston Law Center, Houston, Texas (J.D., 1993)
  • Law Review: Houston Law Review, Associate Editor, 1992 - 1993
• Massachusetts Institute of Technology (B.S. in Chemical Engineering, 1984)

• Texas
• U.S. District Courts for the Northern, Southern, Eastern, and Western Districts of Texas
• U.S. Court of Appeals for the 5th Circuit

• Licensed to Practice Before the U.S. Patent & Trademark Office

• Represented independent oil and gas producer in an arbitration pertaining to responsibilities for plugging and abandonment of a deepwater well in the Gulf of Mexico
• Represented supplier of supervisory control and data acquisition system in ICC arbitration concerning scope of engineering, procurement and construction contract
• Represented aviation engine manufacture against claims of alleged unfair and deceptive trade practices in the sale and retrofit of engines in a case tried to a jury U.S. District Court, Middle District of Florida, which resulted in finding of no liability
• Successfully defendant independent oil and gas producer against multimillion dollar claim for alleged breach of investment advisory services contract in case tried in U.S. District Court, Southern District of New York
• Represented independent oil and gas producer against Bureau of Ocean Energy Management, Regulation and Enforcement in U.S. District Court, Eastern District of Louisiana in litigation concerning delays in issuance of permits to drill in Gulf of Mexico
• Represented major refinery in personal injury suit alleging negligence in operation of vacuum distillation unit
• Represented contractor in personal injury suit alleging that negligent repair of reactor vessel in chemical plant caused vessel’s failure and ensuing fire
• Represented waste processor in OSHA investigation related to work-related death
• Advised polyethylene manufacture in collection of evidence during OSHA investigation to prepare for potential litigation
• Arbitrated a claim against an independent energy company for an alleged breach of a purchase and sale agreement for oil and gas producing property located in the Gulf of Mexico
• Represented oilfield service contractor in claim alleging negligent perforation of natural gas well
• Represented a major oil refiner in a claim against a valve manufacturer and valve remanufacturer for property damage and lost profits caused by a valve failure that resulted in a serious fire
• Represented a major oil refiner in an action brought by hundreds of residential neighbors, claiming personal injuries and diminution in property values allegedly caused by toxic emissions and groundwater contamination

• Co-author: "Wind Power: Generating Electricity and Lawsuits," Energy Law Journal, Volume 28, No. 2 (2007)
• Co-author: "Massachusetts v. EPA and Global Warming: Path to a Coherent Policy," National Law Journal, June 18, 2007
• Co-author, "More Regulation of Carbon Emissions in the Cards," Executive Counsel, May/June 2007
• Co-author, "Resolving Measurement Disputes," Pipeline and Gas Technology,"  August 2006
• "ERISA Discrimination Claims May Complicate an Age Claim," February 2004

• State Bar of Texas
• American Bar Association
• Houston Bar Association

• "Automotive Manufacturer/Dealer Litigation will Likely Increase as a Result of the Changing Economic and Regulatory Landscape," American Bar Association Seminar on Emerging Issues in Motor Vehicle Product Liability Litigation, Phoenix AZ, 2007