Brad Thompson’s practice focuses on complex commercial issues across a broad range of industries, with a particular focus on the energy and healthcare industries. In 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

  • Energy
  • Healthcare

  • Complex Commercial Disputes
  • EPC Construction Disputes
  • Renewable Energy

Representative Matters

  • Represented solar energy company, in its $75 million strategic divestiture of its microinverter assets (including more than 140 patents) and company’s related long-term master supply agreement with acquirer.
  • Represented healthcare provider in various litigation and arbitration involving the provider's commercial disputes with insurance payers.
  • Represented a large domestic corporation's development of residential solar sales division, including drafting of customer agreements to ensure compliance with state and federal compliance obligations.
  • Represented large pharmaceutical company in connection with third-party subpoena compliance issues (and parallel litigation considerations in multiple courts).
  • Represented wind farm developer in enforcement of non-discriminatory electricity rates involving parallel regulatory proceedings related to the Montana Public Service Commission (MPSC).
  • Represented a publicly traded solar energy company 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 a publicly traded company in connection with potential liabilities associated with former renewable energy division (and portfolio of transferred renewable projects).
  • Represented a publicly traded international wind developer in connection with emergency arbitral proceedings related to dispute over project access in Mexico.
  • Represented a school district in contract negotiations with solar developer related to long-term power purchase agreement.
  • Represented a publicly traded solar company in connection with leading-edge net metering projects and state compliance regulations related to same.
  • 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 a domestic solar company in evaluating potential securities law regulatory issues related to potential product offerings — including meeting with regulators at the Texas State Securities Board (TSSB).
  • Represented a global wind farm developer in connection with arbitration dispute against owner related to alleged availability, warranty and defect issues arising under a long-term services agreement.
  • Represented a natural gas electric company in various compliance and regulatory matters related to "behind the meter" capabilities within the Electric Reliability Council of Texas (ERCOT) footprint and PUCT.
  • Represented a large manufacturer of wind generation technology in various nationwide disputes regarding engineering design and performance-related claims.
  • Represented a Texas-based retail electric provider in PUCT Notice of Violation proceeding related to alleged violations in connection with payments to transmission and delivery utilities (TDUs).
  • Represented a large oil and gas corporation in state and federal court, as well as in regulatory proceedings, in complex dispute related to renewable energy generated by wind farm developments.
  • Represented a Louisiana cogeneration facility in Louisiana federal court involving the proper methodology for calculation of avoided cost electricity payments under PURPA.
  • Represented an electricity trading group in Michigan federal court involving allocating responsibility for Federal Energy Regulatory Commission (FERC)–approved surcharges under a power purchase agreement.
  • Represented an international cement manufacturer in Florida state court (Business Litigation Court) concerning a large construction dispute over a multimillion-dollar cost overrun involving claims for delays and disruptions.
  • Represented a Latin American wind manufacturer related to EPC dispute with owner over subcontractor access problems and scope of work disputes.
  • Represented a large international energy 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 a multinational concrete manufacturer in Texas state court litigation with Texas utility involving allegations of construction defects in connection with a large power plant construction project.
  • 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 a large U.S.-based bank in its capacity as independent fiduciary evaluating the fairness of proposed securities and ERISA class action settlements.
  • Represented a pharmaceutical conglomerate related to complex post-merger breach of contract dispute related to distribution agreement.
  • Represented a national restaurant corporation in federal court related to protection of its trade dress and trademarks from infringing entities.
  • Represented an international grocer against claims of patent infringement in federal court of the Eastern District of Texas.
  • 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 national retail energy supplier and energy-related services in PUCT Office of Oversight and Enforcement (O) audit compliance investigations.

Admissions

  • Texas
  • 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

Education

  • University of Texas School of Law, J.D., with honors, 2004
    - Journal of Business Law
  • Baylor University, B.B.A., summa cum laude, 2001

Experience

  • 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

Professional Activities

  • ACORE (American Council on Renewable Energy)
    - Leadership Council
  • Texas Bar Association

Honors and Awards

  • Listed in Texas Super Lawyers Rising Stars, 2013, 2016-2018

Selected Publications