Brad Thompson’s Chamber's-ranked practice focuses on complex commercial issues across a broad range of industries, with a particular focus on the energy and healthcare industries. He also serves as a team lead for the Duane Morris Energy industry group and is a member of the firm's governing Partners Board. Within the energy industry, Mr. Thompson has extensive experience from refineries to renewable energy facilities, with particular experience in megaproject EPC construction disputes. In the renewable energy industry, he represents clients in a range of energy-related issues involving disputes, transactions and regulatory compliance matters. In the healthcare industry, Mr. Thompson has experience representing healthcare and pharmaceutical providers in various levels of disputes and compliance-related matters.
Mr. Thompson is a 2004 graduate, with honors, of the University of Texas Law School, where he was a member of the Journal of Business Law, and a summa cum laude graduate of Baylor University.
Areas of Practice
- EPC Construction Disputes
- Complex Commercial Disputes
- Renewable Energy
Served as outside counsel for Direct Energy in its ongoing defense and appeals related to enforcement proceedings before the Maryland Public Service Commission and in the Maryland Circuit Court of Appeals, regarding alleged violations of state statutes and regulations concerning marketing and contracting practices, in a dispute with significant repercussions for the regulatory landscape in Maryland across the energy industry.
Acted as outside legal counsel for Papomemito Partners Ltd., the owner of a large South Texas ranch, in the negotiation and drafting of two 200 MW energy storage lease agreements, and related easements, with international renewable energy developer, BayWa r.e. The heavily negotiated agreements provide Papomemito with novel compensation terms allowing it to benefit from the projects’ profitability and extensive protections of its land and natural resources; this negotiation was complicated by Papomemito’s existing leases and easements for wind and solar development on the land. Once developed, the energy storage facilities will be among the largest in the state.
Provides ongoing regulatory counseling for Metergy Solutions Inc., a company that provides energy and water “submetering” and billing services for multi-family properties, regarding several states’ regulatory statutes (TX, PA, GA, TN, VA, and D.C.) and regulations governing third-party utility billing rights and restrictions.
Represented SunPower (NASDAQ: SPWR) in negotiation of solar panel supply agreement with Maxeon Solar Technologies (NASDAQ: MAXN).
Represented NovaSource Power Holdings, Inc. in the assignment/novation of numerous O&M agreements for projects across the US, in Europe and Latin America as well as the review and negotiations of NDAs for possible acquisitions of other O&M businesses in the US, Europe, Middle East and Asia.
- Represented NovaSource Power Holdings, Inc. in a private placement of its common stock and the secondary sale of common stock by its principal stockholder to employees located in Arizona, California, New York, Oregon, South Dakota, Texas, France and Chile.
Represented SunPower (NASDAQ: SPWR) in connection with various regulatory and compliance-related matters across the U.S.
Represented Reliant (an NRG company, NYSE: NRG) in dispute related to Winter Storm Uri and related ERCOT imbalance charges.
Represented Chevron Energy Solutions (a former division of Chevron NYSE: CVX) as lead trial counsel in connection with an arbitration related to energy savings performance contract.
Represented a North American retailer of energy and energy services in challenging an Order issued by New York Public Service Commission (the “NYPSC”) in a short period of time, fully prepared to challenge the NYPSC on constitutional grounds and through parallel state and federal appeals.
Represented Green Light Solar, LLC as lead trial counsel handling all initial responsive pleadings and discovery matters including a site inspection of the solar system at issue in the dispute.
Represent Service Experts LLC in ongoing efforts advising and counseling regarding its “Advantage” lease program for HVAC systems, boilers, water heaters and softeners, and other home devices for compliance with federal statutes including the Truth in Lending Act, Consumer Leasing Act, Fair Credit Reporting Act, and related federal regulations, along with disclosure and notice requirements state laws.
- Represent an international energy company and its affiliate in connection with a complex electricity cogeneration facility supply agreement with a neighboring industrial facility.
Represent new ERCOT market participant with its registration requirements in the Electric Reliability Council of Texas (“ERCOT”) and with the Public Utility Commission of Texas (“PUCT”).
- Represented Gateway Energy Services Corporation, First Choice Power, CPL Retail Energy, WTU Retail Energy, and Direct Energy across various states in connection with multiple regulatory agency representations related to wholesale and retail electricity supply issues.
- Represented ERCOT-based power developer Centrica (LSE: CAN) in connection with potential peak shaving power plant development and related regulatory considerations.
- Represented SolarCity (NASDAQ: SCTY, now TSLA) in connection with net metering projects and state compliance regulations related to same.
- Represented Santo Petroleum in connection with its real estate title business and licensing arrangements related to same.
- Represented SunPower (NASDAQ: SPWR) in the strategic divestiture of its microinverter assets (including more than 140 patents), as well as SunPower’s long-term supply agreement with Enphase Energy (NASDAQ: ENPH); Enphase acquired SunPower’s microinverter business for $25 million in cash and 7.5 million shares of Enphase common stock; total deal value was approximately $75 million.
- Represented Power Home Remodeling Group’s development of residential solar sales division, including drafting of customer agreements regarding state and federal compliance obligations.
- Represented WinData LLC, a wind farm developer, in enforcement of non-discriminatory electricity rates involving parallel regulatory proceedings related to the Montana Public Service Commission (MPSC).
- Represented SunPower (NASDAQ: SPWR) with development of large multi-array solar facility including various aspects of PPA negotiations, EPC issues, interconnection considerations, and regulatory compliance matters before the Public Utilities Commission of Texas (PUCT).
- Represented Chevron (NYSE: CVX) and Chevron Energy Solutions in connection with potential liabilities associated with former renewable energy division (and portfolio of transferred renewable energy projects).
- Represented Siemens Gamesa Renewable Energy S.A., formerly Gamesa Corporación Tecnológica S.A. in connection with emergency arbitral proceedings related to dispute over wind farm project access in Mexico.
- Represented a Calhoun County ISD in negotiations with solar developer NextEra Energy, Inc. (NYSE: NEE) related to long-term power purchase agreement.
- Represented an international solar developer in dispute with strategic partner over joint development projects and related dispute over option agreement issues for potential acquisition of entity.
- Represented global wind farm developer Siemens Gamesa Renewable Energy S.A., formerly Gamesa Corporación Tecnológica S.A., in arbitration dispute against owner related to alleged availability, warranty, and engineering defect issues arising under long-term turbine supply and services agreement.
- Represented Enchanted Rock in various compliance and regulatory matters related to behind the meter power generation capabilities within Electric Reliability Council of Texas (ERCOT).
- Represented Occidental Chemical Corporation (NYSE: OXY) in state and federal court, as well as in regulatory proceedings, in complex PURPA dispute related to renewable energy generated by John Deere Renewables wind farms (purchased by Exelon (NASDAQ: EXC)).
- Represented Constellation Energy (NYSE: CEG) in Michigan federal court regarding energy trading group’s allocation of responsibility for Federal Energy Regulatory Commission (FERC) surcharges under a power purchase agreement.
- Represented Circular Energy in evaluating potential securities law regulatory issues related to potential community solar product offerings, including meeting with regulators at the Texas State Securities Board (TSSB).
- Represented a foreign corporation seeking enforcement of large arbitral award against sovereign nation in Texas federal court related to construction of large infrastructure projects in Africa.
- Represented CEMEX S.A.B de C.V. (NYSE: CX) in Florida state court (Complex Business Litigation Court) concerning a large construction dispute over a multimillion-dollar cost overrun involving claims for engineering defects, delays, and project disruptions.
- Represented CEMEX S.A.B de C.V. (NYSE: CX) in Texas state court litigation against Texas electric utility involving allegations of construction defects in connection with a large power plant construction project.
- Represented a large international refining client in complex commercial dispute involving a wide range of construction issues related to delays, disruptions, CPM scheduling issues, labor productivity, labor availability and resulting complex damage calculations (including disputes over potential liquidated damage provisions).
Represented multiple hospital systems in multi-million dollar disputes with Blue Cross and Blue Shield of Texas involving long-term reimbursement dispute regarding payments for laboratory services and ambulatory surgical services.
Represented ambulatory surgical center provider in Harris County state court reimbursement dispute against Aetna.
Represented psychiatric provider group in emergency AAA arbitral proceedings against Blue Cross of California d/b/a Anthem Blue Cross related to reimbursement dispute.
Represented podiatry provider group in arbitral proceeding against Blue Cross of Arizona related to reimbursement dispute.
Represented independent laboratory in court proceedings related to reimbursement dispute involving Aetna.
- Acted as first chair trial counsel for hospital in obtaining $108.3 million AAA Final Award from Blue Cross & Blue Shield of Texas. The 2-week evidentiary hearing resulted in an award in favor of client, inclusive of prejudgment and post-judgment interest, and imposition of more than $21 million in penalties for violations of Texas Prompt Payment laws. The verdict also resulted in an award of attorneys’ fees and other costs, and denied all of BCBSTX's counterclaims. Converted favorable arbitral award into U.S. District Court Judgment.
Represented the Chapter 7 Bankruptcy Trustee in pursuit of large estate claims against health insurance company related to claims reimbursement disputes.
Represented medical billing company against insurance payer who had systematically underpaid emergent care claims in an effort to reduce its financial obligations to providers.
- Represented pharmaceutical provider in connection with third-party subpoena compliance issues (and parallel litigation considerations in multiple courts).
- Represented a pharmaceutical conglomerate related to complex post-merger breach of contract dispute related to distribution agreement.
- Represented a large pharmaceutical company in federal court in Nebraska related to allegations of false advertising under the Lanham Act where damages sought were in excess of $50 million.
- Represented a large U.S.-based bank in its capacity as independent fiduciary evaluating the fairness of proposed securities and ERISA class action settlements.
- Represented Whole Foods Market (NASDAQ: WFM) against claims of patent infringement in federal court of the Eastern District of Texas.
- Represented a national restaurant corporation in federal court related to protection of its trade dress and trademarks from infringing entities.
- U.S. District Court for the Eastern District of Texas
- U.S. District Court for the Northern District of Texas
- U.S. District Court for the Southern District of Texas
- U.S. District Court for the Western District of Texas
- U.S. District Court for the Northern District of Florida
- University of Texas School of Law, J.D., with honors, 2004
- Journal of Business Law
- Baylor University, B.B.A., summa cum laude, 2001
- Duane Morris LLP
- Partner, 2017-present
- King & Spalding LLP
- Associate/Partner, 2008-2013; 2014-2017
- Circular Energy
- President and General Counsel, 2013-2014
- Dewey Ballantine
- Associate, 2004-2008
- ACORE (American Council on Renewable Energy)
- Leadership Council
- Texas Bar Association
Honors and Awards
Listed in Chambers USA: America's Leading Lawyers for Business, 2022
Listed in Texas Super Lawyers Rising Stars, 2013, 2016-2019
- Quoted, "Survey Sees Growth in International Arbitration," Construction Law, March 2023
- Quoted, "How Far Will Biden Go on NEPA Reform?" Infrastructure Investor, April 14, 2021
- Quoted, "U.S. Supreme Court's Rightward Move Could Benefit Oil and Gas Interests," Reuters, October 22, 2020
- Quoted, "Trump's 2nd Term Energy Plan? 'Continue What We're Doing,'" E&E News, August 28, 2020
Co-author, "Enforcement of New Solar Panel Tariffs Delayed in Move to Boost Industry," Duane Morris Alert, June 7, 2022
- Author, "PURPA Modernization Promises Sweeping Changes for Utilities," POWER, March 30, 2020
"The Coming EV Revolution," Lexology, February 25, 2019
"Trump Administration Set to Divide Suniva's Solar Panel ITC Trade Case," Duane Morris Green IP Blog, December 14, 2017
- "Debating the Value of Rooftop Solar," Law360, July 2017
- "Renewable Energy and Tax Reform," Law360, March 2017
- "How to Accurately Bid a Large Downstream Project," Houston Business Journal, August 2015
"Aiding and Abetting: The Expanding Zone of Liability Under Texas and Federal Securities Laws," State Bar of Texas Advanced Business Law, October 2006
Selected Speaking Engagements
- Speaker, "Renewable Energy Usage in 2022 and Beyond," Duane Morris Environmental, Social and Governance (ESG) Webinar Series 2022, November 30, 2022
- Co-presenter, "Managing Payment Disputes – Contracting and Conflict Resolution Strategies," Healthcare Delivery & Innovation Conference, September 24, 2020
Presenter, "Heading to the Land of Milk and Honey: Opportunities and Challenges for Project Financing and Offshore Wind Power in Taiwan," Duane Morris & Selvam Taiwan, January 18, 2019