Amy concentrates her practice on the representation and counsel of energy industry clients in high-stakes, commercial litigation disputes. She has extensive experience representing natural gas and power marketing companies against allegations of market manipulation and related trading violations in both federal court proceedings as well as investigations and enforcement actions brought by the Federal Energy Regulatory Commission (FERC) and the Commodity Futures Trading Commission (CFTC).
Amy also defends clients in complex environmental, products liability, and toxic-tort litigation. For over a decade, she has defended national and multi-national refining companies against groundwater contamination claims brought by private parties, state attorneys general, and state environmental protection agencies. She handles a wide range of general commercial litigation as well, including complex contractual disputes and cases involving allegations of fraud, breach of fiduciary duty, securities violations, and related causes of action.
Recent Notable Matters
Powerex Corp. — represented the Canadian, provincially owned electric utility’s power marketing subsidiary, against claims of market manipulation, tariff violations, and other fraudulent and deceptive trade practices arising out of the 2000-2001 California Energy Crisis
ENGIE (f/k/a GDF SUEZ Energy North America, Inc.) — Defended against allegations of market manipulation and associated violations of the Commodity Exchange Act (CEA). Successfully achieved full dismissal with prejudice as a result of arguments asserted in motion to dismiss challenging the legal underpinnings of Plaintiffs’ causes of action. Aspire Commodities, LP v. GDF SUEZ Energy N. Am., Inc., No. H-14-1111, 2015 U.S. Dist. LEXIS 13044 (S.D. Tex. Feb. 3, 2015). The ruling, which was affirmed by the Fifth Circuit, established a safe harbor from private rights of action under the CEA for energy transactions undertaken in the ERCOT wholesale electricity market. Aspire Commodities, LP v. GDF SUEZ Energy N. Am., Inc., 640 Fed. App’x 358 (5th Cir. 2016). The CFTC has now formally extended the safe harbor to markets across the country.
Powerex Corp. — Represented in a remand proceeding brought by the Oregon Department of Revenue seeking to tax electricity exported from Canadian hydroelectric facilities through market hubs located in the State of Oregon to wholesale customers in other states. Successfully achieved a judgment in Powerex’s favor as to all remaining issues. Powerex Corp. v. Dept. of Rev., 2016 Ore. Tax LEXIS 104 (Or. Tax Aug. 1, 2016).
Bexar County, Texas — Represented in a cross-action against a surety, NGM Insurance Company, to a performance bond for the performance of an IT contract for the acquisition and implementation of an integrated justice system which resulted in a $2.9 million settlement in favor of the County following a successful motion for partial summary judgment. NGM Ins. Co. v. Bexar County, 211 F. Supp. 3d 923 (W.D. Tex. 2016).
Tim Duncan — represented in actions prosecuted on behalf of former NBA player for the San Antonio Spurs against his former financial advisor, Charles Banks, for breach of fiduciary relationship, fraud, securities violations, and related causes of action
Publications and Speeches
“Mentoring Associates: Preparing for the Competition,” San Antonio Lawyer Magazine, November-December 2016.