Roy A.Powell

Of Counsel

Dallas + 1.214.969.3618 Pittsburgh + 1.412.394.7922

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As a leader in Jones Day's construction practice, Roy Powell has for more than 35 years been helping clients successfully prosecute their most important and complex cases. His experience in commercial litigation, construction, major infrastructure, and energy disputes has received recognition in the United States and globally.

Roy has represented clients as lead trial counsel in litigation including jury and non-jury trials in state and federal courts, arbitrations, construction, energy, and commercial disputes in the United States and internationally. He has litigated many types of complex commercial disputes including those related to energy and petrochemical projects, infrastructure projects, oil and gas exploration and development, shale, and commercial real estate projects.

Recent representations include defending Texas Keystone, a U.S.-based oil and gas exploration and production company, against $1.6 billion in claims seeking interests in petroleum fields in Iraqi Kurdistan. The 57-day trial in London's Commercial Court resulted in complete victory and the award of fees and costs to Jones Day's client. The team was recognized with numerous awards, and the victory was cited by Law360 in ranking Jones Day among the top 20 law firms that handled the most significant international/cross-border matters in 2014. In addition, Roy defended United States Steel in substantial construction claims obtaining a directed verdict on almost all of plaintiff's claims and prevailing on counterclaims that resulted in a $10 million award to our client after a three-week federal jury trial.

Roy is a frequent author and speaker on construction, energy, and infrastructure issues.

Experience

  • U.S. Steel wins complete victory in steel tariff unfair competition caseJones Day client United States Steel Corporation won a complete victory in a high-stakes litigation alleging damages from U.S. Steel’s participation in the Department of Commerce’s 232 tariff proceedings.
  • IBM resolves lawsuit over technology deployment during NFL stadium constructionJones Day represented International Business Machines Corporation ("IBM") in a lawsuit to recover damages from the subcontractor who designed the Distributed Antenna System ("DAS") providing cellular service to the Mercedes-Benz Stadium in Atlanta, Georgia.
  • U.S. Steel prevails in litigation over alleged contract breachesJones Day client United States Steel Corporation prevailed in a lawsuit brought by its long-time construction and demolition contractor, Allied Erecting and Dismantling.
  • Nationwide and Northstar litigate dispute surrounding design-build project for residential wastewater treatment facilityJones Day is representing plaintiffs Nationwide Realty Investors and Northstar Residential Development in litigation arising out of a design-build project for a residential wastewater treatment facility to serve the Northstar Community in Sunbury, Ohio.
  • General contractor prevails on bid protest with Commonwealth of PennsylvaniaJones Day successfully represented a general contractor in connection with the filing of a formal bid protest with the Commonwealth of Pennsylvania Department of General Services relating to a request for proposal for the $37 million renovation and expansion of a university gymnasium.
  • PennEnergy successfully defends against landowner challenge to conditional use permit for natural gas operationsJones Day represented PennEnergy Resources, LLC (PennEnergy) in a land use appeal brought by a township resident, who argued that the Board of Supervisors of New Sewickley Township erred in granting a conditional use permit to allow for the development of a natural gas compressor facility in an agricultural zoning district.
  • International Development Corporation obtains dismissal of "title washing" challenge to its mineral rightsJones Day represented International Development Corporation (IDC) against a challenge from the heirs of prior owners of oil and gas rights in northeastern Pennsylvania.
  • NCL Appalachian Partners obtains dismissal of landowners' claim for breach of implied duty to developJones Day represented NCL Appalachian Partners, L.P. ("NCL"), an oil and gas developer, in a quiet title action brought by landowners alleging a breach of an implied duty to further develop the leasehold premises.
  • PennEnergy obtains dismissal of constitutional and substantive validity challenges in oil and gas zoning disputeJones Day represented PennEnergy Resources, LLC ("PennEnergy") before a township zoning hearing board against a challenge by a township resident seeking to ban oil and gas activities in agricultural areas of the township on constitutional grounds in the wake of the December 2013 Pennsylvania Supreme Court decision in Robinson Township v. Commonwealth.
  • Major commercial construction company settles bid protest relating to assisted living projectJones Day successfully represented a major Pennsylvania commercial construction company in a bid dispute with the owner of a proposed assisted living facility in Central Pennsylvania.
  • Exploration and production company disputes design and construction of gas gathering and processing facilitiesJones Day is representing an exploration and production company in a contract dispute with a midstream company regarding the design, engineering, and construction of gas gathering and processing facilities servicing certain wells in Ohio and West Virginia, as well as the design, engineering, and potential future construction of a pipeline.
  • Real estate brokerage company engages Jones Day for strategic counsel and advice relating to purchase and sale of Oil and Gas leasehold acreageJones Day is representing real estate brokerage company with ongoing strategic counsel and advice regarding the purchase and sale of West Virginia acreage prospective for Marcellus Shale production.
  • NCL successfully challenges declaratory judgment and breach of contract actionJones Day represented NCL Appalachian Partners, LP and NCL Natural Resources, LLC (collectively "NCL"), oil and gas E&P companies, in a declaratory judgment and breach of contract action brought by a surface estate landowner seeking, among other things, the termination and surrender of a lease in Clinton County, Pennsylvania.
  • Cost Company negotiates purchase order for supply of limestone blocks after supplier files for bankruptcyJones Day successfully represented Cost Company, L.P. as a contractor when Indiana Limestone Company, Inc. filed for bankruptcy under chapter 11 of the Bankruptcy Code.
  • Pittsburgh Interior Systems resolves debtor's challenge to secured status of judgment lien and settles adversary proceedingJones Day successfully represented Pittsburgh Interior Systems, Inc. ("Pittsburgh Interior") as a judgment creditor.
  • Texas Keystone prevails against claim brought by Excalibur VenturesJones Day successfully defended Texas Keystone Inc., a U.S. oil and gas company based in Pittsburgh, Pennsylvania, against Excalibur Ventures' $1.6 billion claim for an interest in various petroleum fields in Iraqi Kurdistan.
  • Mehoopany Wind Energy settles litigation with RES America Construction over multi-million dollar wind farm developmentJones Day represented Mehoopany Wind Energy LLC ("MWE"), the owner of a 9,000 acre wind farm in Pennsylvania consisting of 88 wind turbines.
  • National owner of multifamily residential and commercial apartment complexes resolves multiple claims against general contractor and design professionals for severe construction and design defectsJones Day represented a national owner of multifamily residential and commercial apartment complexes in Charlotte, North Carolina, Columbus, Ohio, and Pittsburgh, Pennsylvania, in connection with multiple claims against the general contractor and design professionals for severe construction and design defects.
  • National owner of multifamily residential and commercial projects prevails against attempt to invalidate exclusive development rightJones Day prevailed in a declaratory judgment action brought against its client, a national developer and owner of multifamily residential developments as well as commercial and office projects.
  • Seller of Marcellus Shale gas rights disputes $60 million contractJones Day is currently representing a land company as the seller of Marcellus Shale gas rights.
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    November 2024 Handout

    Energy Transition in the Construction and Infrastructure Industry

    OCTOBER 2023 Commentary

    Proposed IRS Regulations on Tax Credits for Renewable-Energy Investments Include Wage and Apprenticeship Requirements

    May 2023 Commentary

    Prevailing Wages and More: Developer and Contractor Obligations in CHIPS Act-Funded Construction Projects

    June 2020 White Paper

    Construction Projects and Disputes: A Look Beyond the Lockdown, Part III

    May 2020 White Paper

    Construction Projects and Disputes: A Look Beyond the COVID-19 Lockdown, Part II

    May 2020 White Paper

    Construction Projects and Disputes: A Look Beyond the COVID-19 Lockdown

    February 2020 Alert

    Pennsylvania Supreme Court Endorses Rule of Capture for Hydraulic Fracturing

    October 2016 Commentary

    Ohio Supreme Court Decision Clarifies Mineral Rights in Utica and Marcellus Shale Plays

    March 2015 Commentary

    Ohio Supreme Court Strikes Down a Municipality's Efforts to Regulate Oil and Gas Production

    March 2015 External Publications

    The Shale Energy Revolution: A Lawyer's Guide, coauthor, edited by Barclay Nicholson & Sarah Casey, American Bar Association
    View All

    Additional Speaking Engagements

    • October 15, 2015
      2015 Regional Energy Conference: Navigating Turbulences in Global Oil & Gas Markets
    • September 5, 2014
      Oil and Gas Litigation Review: Robinson Township Update, the Pennsylvania "Title Wash," and the Ohio Dormant Minerals Act, 5th Law of Shale Plays Conference
    • July 25, 2014
      Jones Day Regional Energy Conference, International Implications of the Marcellus and Utica Shale
    • May 20, 2014
      2014 Speaker Series: Energy and Construction Law Update
    • December 19, 2013
      2013 Speaker Series: Year-End Energy Litigation Update
    • February 14, 2013
      Jones Day Regional Energy Conference, Harnessing Regional Opportunity in the new Energy Economy
    • January 31, 2012 and
      February 1, 2012
      Construction Law Update
    • July 21, 2011
      2011 Speaker Series
      Transactions in the Marcellus Shale: The Next Moves on the Game Board

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