Scott W.Cowan

Partner

Houston + 1.832.239.3721

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Scott Cowan has more than 31 years of trial and appellate experience in complex, multiparty, and multiforum litigation and arbitration involving intellectual property, construction, energy, and petrochemical matters. He has substantial transactional experience negotiating, drafting, interpreting, and defending complex contracts in several contexts, including the COVID-19 pandemic. Scott's focused and practical approach has led to a variety of successful outcomes in significant 8 to 10-figure matters for numerous companies in the oil and gas, petrochemical, construction, software, technology, aerospace, manufacturing, and service industries on both U.S.-based and international matters.

Before law school, Scott worked in the construction industry in a variety of roles, including as a design professional, contractor, and owner's representative. He has successfully handled numerous construction matters for owners, architects, engineers, and contractors. He has extensive experience with a variety of contractual risk management issues, including force majeure, indemnities, insurance, liability limitation, training, and compliance.

Scott's oil, gas, and petrochemicals industry experience includes significant commercial, royalty, upstream, midstream, downstream, personal injury, and wrongful death disputes involving refinery, plant, and pipeline construction; maintenance, renovation, and improvements; technology licensing; disaster prevention/response; and Occupational Safety and Health Administration (OSHA) compliance, failure analysis, and root cause investigations. His intellectual property experience spans the hardware, software, energy, petrochemicals, and construction industries and includes the prosecution and defense of claims involving trade secrets, copyrights, patents, and licensing disputes.

Scott's pro bono representations have included helping women and unaccompanied children seeking refuge in the United States from abandonment and violence in Central America.

Experience

  • TotalEnergies completes PIPE investment in NextDecade Corporation and investment in $18.5 billion Rio Grande LNG ProjectJones Day represented TotalEnergies in connection with its PIPE investment in NextDecade Corporation and investment in the Rio Grande LNG (RGLNG) Project, a planned natural gas liquefaction project in South Texas.
  • Chevron sold 43% stake in two Colombian gas production fields to HocolJones Day represented Chevron Petroleum Company ("Chevron"), a subsidiary of Chevron Corporation (NYSE: CVX), in the sale of its 43% interest in the Association Contract and related rights and assets, pursuant to which Chevron operates certain upstream natural gas assets in the Chuchupa natural gas field in the Caribbean Sea and Ballena fields in the province of La Guajira, Colombia, to Hocol, S.A. ("Hocol"), a subsidiary of state-owned Ecopetrol S.A. ("Ecopetrol").
  • Large critical infrastructure employer develops and implements protocol for international relocation of essential workers during COVID-19 pandemicJones Day represented a large critical infrastructure employer during the COVID-19 crisis to develop appropriate protocols and policies for the international relocation of several employees in accordance with CDC guidelines.
  • Chevron buys Pasadena Refining System for $350 million from Petrobras America Inc.Jones Day advised Chevron U.S.A. Inc., a wholly-owned subsidiary of Chevron Corporation, in its purchase of all of the equity interests of Pasadena Refining System Inc. ("PRSI") and PRSI Trading, LLC from Petrobras America Inc. for $350 million, subject to adjustments for working capital.
  • Jacobs Engineering Group defends wrongful death actionJones Day is defending Jacobs Engineering Group, Inc. in a wrongful death action arising out of the deaths of four workers at DuPont's insecticide plant in LaPorte, Texas after a toxic chemical release in November 2014.
  • Total, NOVA, Borealis form venture for U.S. Gulf Coast projectsJones Day advised Total Petrochemicals & Refining USA, and affiliates of Austria’s Borealis AG and Canada’s NOVA Chemicals (both affiliates of the UAE’s Mubadala Investment Company) in the formation of a joint venture to build a $1.7 billion, 1 million ton per year ethane cracker in Port Arthur, Texas, acquisition of Total’s existing 400,000 ton per year two-line polyethylene plant in Bayport, Texas, and building of a new 625,000 ton per year Borstar PE plant at the Bayport site.
  • Rangeland Energy sells Rangeland Energy II to AndeavorJones Day represented Rangeland Energy in the sale of Rangeland Energy II, LLC to Tesoro Refining & Marketing Company LLC, a wholly owned subsidiary of Andeavor.
  • SAP files DJ action in patent infringement dispute with Wellogix over computer softwareOn behalf of SAP America ("SAP"), Jones Day filed a patent infringement declaratory judgment action involving computer software, which is currently stayed in full pending the conclusion of reexamination proceedings filed by SAP in the USPTO involving the six patents-in-suit.
  • Midstream company in Bakken Shale negotiates commercial agreements for development of NGL hubJones Day represented a midstream company in the Bakken Shale in negotiating commercial agreements for the development of an NGL hub, including the transportation, fractionation, loading, and sale of Y-Grade and NGL purity products.
  • Chevron defeats class action relating to offshore gas well blowoutJones Day successfully represented Chevron Corporation in a class action lawsuit originally brought by 65,000 Nigerians seeking $5 billion on the claim that a natural gas well blowout six miles offshore caused widespread health and fishing impacts to an area roughly the size of New Jersey.
  • Total resolves lawsuit related to death of contractor's employee at Port Arthur refineryJones Day client Total Petrochemicals & Refining USA, Inc. resolved a lawsuit brought by family members of a contractor's employee who died while working in the delayed coking unit at Total's Port Arthur refinery.
  • The Southern Company, Kinder Morgan finalize Southern Natural Gas pipeline strategic ventureJones Day advised The Southern Company ("Southern") in its acquisition from Kinder Morgan of a 50 percent equity interest in the 7,600-mile Southern Natural Gas ("SNG") pipeline system.
  • Marathon Petroleum acquires Hess Retail for $2.82 billionJones Day advised Marathon Petroleum in the acquisition of Hess Corporation's gasoline stations and retail business for a total of $2.82 billion, expanding its footprint to 23 states from nine.
  • SAP's district court victory affirmed by Ninth CircuitThree months after oral argument, the Ninth Circuit issued an order affirming federal district court judge Phyllis Hamilton's decision to overturn a $1.3 billion verdict against Jones Day client SAP AG in a long-running copyright dispute with Oracle.
  • Five9 acquires SoCoCareJones Day represented Five9, Inc., a provider of cloud-based contact center software, in connection with its acquisition of SoCoCare, a social engagement and mobile customer care solution provider.
  • SAP acquires enterprise multichannel e-commerce company hybrisJones Day advised SAP AG in connection with its acquisition of hybris AG.
  • 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.
  • Marathon Petroleum purchases BP's Texas City refinery and related logistics and marketing assetsJones Day advised Marathon Petroleum Corporation (MPC) in its purchase of BP's Texas City refinery, three intrastate NGL pipelines originating at the refinery, an allocation of BP's Colonial Pipeline Company shipper history, four terminals, retail marketing contract assignments for approximately 1,200 branded sites and a 1,040 megawatt cogeneration (cogen) facility for a base purchase price of $598 million, plus inventories estimated at $1.2 billion and an earnout provision under which MPC could pay up to an additional $700 million over six years, subject to certain conditions.
  • Jones Day's Houston lawyers bike 180 miles for charityA team of nine lawyers from the Houston Office of global law firm Jones Day and several clients took part in last month's MS 150, a two-day bicycle ride to Austin benefiting the National Multiple Sclerosis Society.
  • SAP's $1.3 billion jury award vacatedIn November 2010, Jones Day defended SAP AG, SAP America, Inc. and TomorrowNow, Inc. in an Oakland federal trial that was limited to the amount of damages to be awarded on Oracle's copyright claims.
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    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

    August 2020 Commentary

    Snap Removal After Texas Brine: Considerations for Forum Defendants in the Fifth Circuit

    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

    September 2017 Commentary

    Maximizing Insurance Recoveries for Hurricanes Harvey and Irma

    June 2015 Commentary

    Supreme Court of Texas Issues Three Important Oil and Gas Decisions

    February 2015 Commentary

    Supreme Court of Texas Reverses Course, To Hear Gas Compression Cost Case

    October 2014 Commentary

    Texas Supreme Court Limits the Enforceability of No-Delay-Damages Provisions
    View All

    Additional Speaking Engagements

    • October 20, 2015
      Texas General Counsel Forum: Litigate, Mediate or Arbitrate? Evaluating the Options
    • January 31, 2012 and
      February 1, 2012
      Construction Law Update

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