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Case Studies
Due Diligence Bust During Oil & Gas Boom
January 30, 2025
In this dispute, investors lost a substantial portion of their investments when prices collapsed in 2014, months after a fiduciary advisor performed financial due diligence and solicited customers. Baker & O’Brien was retained to review the offering memorandum to determine whether the risks were sufficiently outlined to inform the investors about the perceived risk inherent in the investment. We reviewed the drilling venture, the investment prospectus, and other financial due diligence to present opinions that helped the dispute resolution.
When "Manifest Error" May Not be "As Plain as the Nose on One's Face"
July 1, 2013
"Manifest error" is often described as an error as plain as the nose on one's face. In this case, the principle of manifest error pertains to disputed technical decisions made by the Independent Engineer (IE) for an oil refinery modernization project. Three arbitral tribunals relied on our expert reports and testimony to decide if the IE had ruled correctly, within limits of its responsibility, and if there was manifest error.
Can't Keep a Good (Gas) Man Down - Lost Profits from Late Plant Completion
April 1, 2022
Delays in the construction of gas gathering and processing (G&P) facilities led to a suit filed against the EPC contractor by a midstream company alleging lost profits. We reviewed G&P contracts, evaluated operating costs, and analyzed the gas quantities processed by competitors due to the late completion to quantify lost profits. The parties relied on Baker & O'Brien's expert reports and deposition testimony to reach a settlement.