Thomas L Cubbage III

T.L. Cubbage represents clients in complex civil and regulatory disputes. He has trial and appellate experience in courts across the United States and has appeared before international arbitral tribunals. Mr. Cubbage has experience in a wide variety of disputes involving energy and natural resource businesses, as well as other industries. His regulatory practice has included matters involving the EPA, NRC, and Department of Interior. Mr. Cubbage has substantial experience with class action and mass tort litigation, including the defense of environmental toxic tort claims. In recent years, his work has also included high stakes ERISA litigation. Much of Mr. Cubbage’s practice has involved matters with international dimensions. His arbitration experience includes matters tried before tribunals constituted by the International Chamber of Commerce (ICC) and the International Centre for Settlement of Investment Disputes (ICSID). From 2003 to 2006, Mr. Cubbage served in a senior in-house position with Kerr-McGee Corporation. In that role, he managed a portfolio of complex litigation while also participating in the company’s transactional, corporate governance, and compliance activities. Before working at Kerr-McGee, he was a partner in Covington & Burling’s Washington office. REPRESENTATIVE MATTERS Acted as co-first chair counsel for an Exxon Mobil subsidiary in an ICC arbitration to enforce a contractual indemnity against Petróleos de Venezuela SA, resulting in a $907 million award. Coordinated defense of environmental toxic tort cases arising from various Kerr-McGee operations nationwide. Prosecuted CERCLA contribution action against the federal government that obtained more than $20 million upfront and a commitment to contribute to future groundwater and soil remediation costs at a formerly government-owned, contractor-operated site. Defended a mining and smelting company in toxic tort litigation in Colorado, Nebraska, Texas, and Washington state. Representing subsidiaries of Exxon Mobil in pending ICSID arbitration proceedings involving disputes arising from investments in Venezuela. Represented numerous upstream oil and gas companies in royalty or lease development disputes with the US government. Secured summary judgment in favor of United Technologies Corp. in an ERISA class action alleging excessive 401(k) plan expenses. More Representative Matters PREVIOUS EXPERIENCE Kerr-McGee Corporation, Senior Counsel (2003-06) HONORS AND RANKINGS Best Lawyers in America, Litigation - ERISA (2013) Legal 500 US, ERISA Litigation (2010-2012) and Energy: Litigation (2012) Legal 500 Latin America, International Arbitration (2012) MEMBERSHIPS AND AFFILIATIONS Association of International Petroleum Negotiators American Law Institute, Member Members Consultative Group on the Principles of Aggregate Litigation (i.e., class action and mass tort litigation) Members Consultative Group on the Restatement (Third) of the U.S. Law of International Commercial Arbitration PUBLICATIONS AND SPEECHES "Treaty-based Consent to Arbitration - The “Treaty Shopping” Debate," 11th Annual Energy Litigation Conference of the Institute for Energy Law (11/15/2012) "Litigation and Jurisdiction," chapter of E-Commerce Law & Business, Aspen Publishers (2003), Co-Author