dcsimg Mining

Mining

The legal team at McGuireWoods includes a multidisciplinary group of partners who have dedicated and broad-based experience providing counsel to clients throughout the base metal ore, coal and construction aggregates mining industries. We advise clients on the full range of issues that affect this key sector of the economy, including long-term supply contracting, permitting, environmental compliance, surety and bonding, reclamation, labor relations, governmental regulation, royalties, contract compliance, force majeure declarations, reserve acquisition and sale, price redeterminations, merchant trading, corporate matters and joint ventures, securities, tax and tax admiralty, compensation and employee benefits.

We also advise mining clients on legal matters relating to corporate governance, securities law compliance, mergers, acquisitions and joint ventures, antitrust, mining and mineral leases, mine and plant site development, real estate, zoning and land use, construction, labor and employment, debt financing, and public relations.

In addition to our direct representation of clients, individual lawyers on our team hold positions of responsibility in, and are active members of, professional, legal and industry associations that influence and apply emerging regulatory and legislative developments around the world. For example, one of our Brussels-based partners currently serves as an officer of the Mining Law Committee of the International Bar Association and has published a number of articles on the company and mining law of the Democratic Republic of Congo.

The mining industry group draws on resources from across the firm to ensure our counsel encompasses all areas of law affecting the mining industry, not just those specific to mining operations. We remain focused on efficiency-driven service and the establishment of competitive legal fees. Although our main office is located in the Brussels-Capital Region of Belgium, we have an established network of relationships with counsel in other countries that enables us to offer clients coordinated, reliable and effective representation throughout Europe and worldwide.

Our Pittsburgh office regularly provides regulatory representation to operating coal producers, including proceedings before the Office of Surface Mining Reclamation and Enforcement, the Mine Safety and Health Administration (MSHA), the Department of Interior Office of Hearings and Appeals, numerous state regulatory agencies, and various U.S. district courts. This involves matters related to accidents, illegal discharges, water, noise and dust pollution, reclamation standards, license and permit suspension and revocation, coal theft, ownership and control permit block issues, designation of areas unsuitable for mining, injunctive relief and reclamation bond forfeitures, coal lease and mineral title issues.

The firm’s Brussels and London offices have been assisting clients in French and English-speaking central and western Africa for more than 20 years. Our services primarily involve legal matters related to mining, as well as issues related to corporate, real estate, tax, project finance, construction, environmental, corporate social responsibility and labor law. We also handle matters under the FCPA Act. To help clients address matters wherever they have operations and interests, we frequently work in conjunction with local counsel and foreign specialized counsel.

As a recent example of our global and broad-ranging services, McGuireWoods represented the world's largest and most diversified producer of high-performance, nickel-based alloys in consummating its plan of reorganization so that it emerged from bankruptcy. As part of the reorganization, this manufacturer ratified six new collective bargaining agreements and the Pension Benefit Guaranty Corporation (PBGC) assumed the manufacturer’s three largest pension plans.

We also have significant experience representing producers of construction aggregates, providers of ready-mix concrete and asphalt, and suppliers of cement as both in-house and outside counsel. In another recent matter, we represented one of the leading U.S. construction aggregates producers generally and with respect to its merger with the leading U.S. construction aggregates producer for a total consideration of U.S. $4.6 billion.

CONTACTS

Gregg M. Rosen Partner T: +1 412 667 7934
Walter H. White Jr. Partner T: +44 20 7632 1630
Results 1-20 of 30
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RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE. PRIOR RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR OUTCOME.

Representative Matter

International steel conglomerate

Defense of international steel conglomerate against claim brought by consultant who provided services related to the $600 million acquisition of a metallurgical coal company. The consultant alleged breach of an oral agreement to pay him a commission on the sale of nearly $10million. Summary judgment is pending.
Representative Matter

Energy Venture Partners Limited

Represented Energy Venture Partners Limited in a substantial, high profile Commercial Court action against Malabu Oil and Gas Limited in relation to a US $1.3 billion transaction concerning one of West Africa's largest offshore oil blocks, including obtaining urgent freezing orders and injunctions before Griffith Williams J and Steel J in July 2011 (2011 Folio No. 792).
Case Study

Patent team negotiates settlement for KSD Enterprises LLC

McGuireWoods patent litigators from Tysons Corner recently defended KSD in a make-or-break-the-company case. Shortly after the first depositions and expert reports, we negotiated a settlement agreement. KSD Enterprises, LLC of Clarksburg, W.Va., makes Methane Exhausters, which remove methane from coal mines and landfills. The exhausters can make coal mines safer and landfills cleaner, generate electricity from the methane they’re removing, and even generate revenue from carbon credits. In December 2009, KSD was sued for patent infringement, contributory infringement, and inducement of infringement, as well as breach of contract and conversion of assets.

Case Study

Pittsburgh lawyers obtain victory over anti-mining ordinances

McGuireWoods recently obtained a favorable ruling in a lawsuit brought on behalf of two coal producers that challenged several ordinances enacted by a municipality in western Pennsylvania.

The municipality enacted an ordinance that declared corporations and other limited liability entities would not be considered “persons” within the municipality, and therefore would not have the constitutional and other legal rights usually afforded to corporations. The municipality also enacted an ordinance that prohibited corporations from engaging in any mining activity within the municipality. If enforced, this ordinance would have prohibited the plaintiffs from mining a large coal reserve located partially within the municipality.

Case Study

Chicago team assists Global Oilfield Services

McGuireWoods closed the formation and financing of Global Oilfield Services, Inc. and the acquisition of operating companies in Venezuela, Mexico, Peru and the United States. Financing was done as a private placement involving investors in several foreign countries, as well as the United States. Global expects to make additional acquisitions in the oilfield services sector.

Representative Matter

Canadian listed mining company

Representation of a Canadian-listed mining company for the acquisition of a gold mine in Mauritania for a total of $278,000,000 and for assistance in on-going financing and corporate related matters.
Representative Matter

Canadian listed mining company

Represented a Canadian-listed mining company for the acquisition of a gold mine in Mauritania for a total of USD 278,000,000.
Representative Matter

Canadian mining company

Represented a Canadian-listed mining company, in the closing, in association with a major US-listed mining company, of a partnership agreement with a D.R. Congo state mining company, for the US$350,000,000 (first stage) development of the largest and highest-grade copper and cobalt deposit in the world, with mining rights on more than 1,500 km² in Katanga; the matter involved complex issues of international contract law.
Representative Matter

Canadian mining company

Represented a Canadian-listed mining company for the acquisition of a gold mine in Mauritania for a total of USD 278 million.
Representative Matter

Canadian-listed mining company

Represented a Canadian-listed mining company, in association with a major U.S.-listed mining company, in a partnership agreement with a D.R. Congo state mining company
Representative Matter

Cement manufacturer

Defense of cement manufacturer in Mine Safety and Health Administration enforcement action arising from near-fatal accident.
Representative Matter

Democratic Republic of Congo mining company

Assisting a Democratic Republic of Congo mining company, in cooperation with its main shareholder, one of the largest world copper and gold producer, a US listed mining company, in the implementation of a US$2,000,000,000 mine construction and development project relating to mining, corporate matters, contracts, environment, labor, procurement, resettlement of villages, taxation, real estate, enforcement of anticorruption laws, government negotiations etc.
Representative Matter

Democratic Republic of Congo mining company

Representation of a Democratic Republic of Congo mining company, in cooperation with its main shareholder, a U.S.-listed major mining company, in the implementation of a USD 2,000,000,000 mine construction and development, involving complex legal issues relating to corporate matters, contracts, real estate, mining, environment, labor, resettlement of villages, enforcement of anti-corruption policies, etc.
Representative Matter

Fortune 500 gas and electric utility

Representation of a Fortune 500 gas and electric utility in a employment discrimination case brought by former service technician who alleged discrimination based upon race and retaliation in connection with 30-day suspension and his subsequent termination. We successfully limited the plaintiff’s claim to his 30-day suspension and eliminated any claim for retaliation prior to trial, severely reducing his damages claim by approximately 90 percent. This led to a favorable settlement for the client.
Representative Matter

Hambledon Gold Mining PLC

Acting for Hambledon Gold Mining PLC list on AIM.
Representative Matter

International mining and minerals company

Represented a Switzerland-based publicly traded international mining and minerals company in connection with the acquisition of technology for the recycling of magnesium from scrap from Canadian interests.
Representative Matter

Leading alloy production company

Represented the world's largest and most diversified producer of high-performance nickel-based alloys, in consummating its plan of reorganization so that it emerged from bankruptcy.
Representative Matter

Leading US construction aggregates producer

Represented leading U.S. construction aggregates producer with respect to numerous environmental, zoning and land use, real estate, labor and corporate matters and applications.
Representative Matter

One of the largest publicly traded Eastern coal producers

Represent one of the largest publicly traded Eastern coal producers in the country in all major litigation, including coal supply, acquisition, transportation and general commercial disputes.
Representative Matter

One of the leading US construction aggregates producers

Represented one of the leading U.S. construction aggregates producers generally and with respect to its merger with the leading U.S. construction aggregates producer for a total consideration of USD 4.6 billion.
Results 1-20 of 30
Results 1-25 of 40
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Donald D Anderson Donald D. Anderson
Partner
Bank of America Tower
50 North Laura Street
Suite 3300
Jacksonville, FL 32202-3661

T: +1 904 798 3230
F: +1 904 798 3273
vCard
Hubert André-Dumont Hubert André-Dumont
Partner
rue des Colonies 56 - box 3
1000 Brussels

T: +32 2 629 42 60
F: +32 2 629 42 22
vCard
Richard C Beaulieu Richard C. Beaulieu
Associate
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1138
F: +1 804 225 5402
vCard
Jonathan T Blank Jonathan T. Blank
Partner
Court Square Building
310 Fourth Street, N.E.
Suite 300
Charlottesville, VA 22902-1288

T: +1 434 977 2509
F: +1 434 980 2258
vCard
Robert L Burrus Jr. Robert L. Burrus Jr.
Counsel
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4306
F: +1 804 698 2023
vCard
Anthony Carna Anthony J. Carna
Associate
EQT Plaza
625 Liberty Avenue
23rd Floor
Pittsburgh, PA 15222-3142

T: +1 412 667 7932
F: +1 412 667 7948
vCard
Joshua A Ciccone Joshua A. Ciccone
Associate
EQT Plaza
625 Liberty Avenue
23rd Floor
Pittsburgh, PA 15222-3142

T: +1 412 667 7944
F: +1 412 667 7969
vCard
John V Cogbill III John V. Cogbill III
Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4383
F: +1 804 698 2031
vCard
Simon J Cox Simon J. Cox
Partner
11 Pilgrim Street
London EC4V 6RN
United Kingdom

T: +44 20 7632 1721
F: +44 20 7632 1638
vCard
Kristian M Dahl Kristian M. Dahl
Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

2001 K Street N.W.
Suite 400
Washington, DC 20006-1040

T: +1 804 775 4730
F: +1 804 698 2004
vCard

T:+1 202 857 1723
F: +1 804 698 2004

Asheesh Das Dr Asheesh Das
Partner
11 Pilgrim Street
London EC4V 6RN
United Kingdom

T: +44 20 7632 1682
F: +44 20 7632 1638
vCard
Andreea Dobra Andreea Alexandra Dobra
Gov. Relations Mgr., Emerging European Markets McGuireWoods Consulting LLC
America House
West Wing, 7th Floor
4-8 Bd. Nicolae Titulescu
Sector1, Bucharest
Romania

T: +40 21 037 23 51460
F: +40 21 317 14 82
vCard
Mehboob R Dossa Mehboob R. Dossa
Partner
11 Pilgrim Street
London EC4V 6RN
United Kingdom

T: +44 20 7632 1627
F: +44 20 7632 1638
vCard
David Evans David E. Evans
Counsel
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4317
F: +1 804 698 2049
vCard
Howard Feller Howard Feller
Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4393
F: +1 804 698 2051
vCard
Coraline Fourniols Coraline F. Fourniols
Associate
11 Pilgrim Street
London EC4V 6RN
United Kingdom

T: +44 20 7632 1645
F: +44 20 7632 1638
vCard
Mark E Freedlander Mark E. Freedlander
Partner
EQT Plaza
625 Liberty Avenue
23rd Floor
Pittsburgh, PA 15222-3142

T: +1 412 667 7928
F: +1 412 667 7967
vCard
Sharon Roberts Henderson Sharon Roberts Henderson
Partner
Bank of America Tower
50 North Laura Street
Suite 3300
Jacksonville, FL 32202-3661

T: +1 904 798 3221
F: +1 904 360 6353
vCard
David J Hornyak David J. Hornyak
Partner
EQT Plaza
625 Liberty Avenue
23rd Floor
Pittsburgh, PA 15222-3142

T: +1 412 667 7925
F: +1 412 402 4192
vCard
Patricia F Hosmer Patricia F. Hosmer
Partner
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 373 8984
F: +1 704 373 8935
vCard
Matt Huddle Matthew G. Huddle
Associate
7 Saint Paul Street
Suite 1000
Baltimore, MD 21202-1671

T: +1 410 659 4467
F: +1 410 659 4476
vCard
Vincent Jodard Vincent Jodard
Associate
rue des Colonies 56 - box 3
1000 Brussels

T: +32 2 629 42 63
F: + 32 2 629 42 22
vCard
Jura N Junnila Jura N. Junnila
Partner
11 Pilgrim Street
London EC4V 6RN
United Kingdom

T: +44 20 7632 1619
F: +44 20 7632 1638
vCard
Joanne Katsantonis Joanne Katsantonis
Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1017
F: +1 804 698 2090
vCard
D. Brennen Keene D. Brennen Keene
Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1005
F: +1 804 698 2085
vCard
Results 1-5 of 5
Speaking Engagement

Mining in Africa: Opportunities and Legal Challenges

Government take, minority state ownership, taxes and royalties

September 8, 2014
Dar-es-Salaam
TZ
Speaking Engagement

Annual Conference of the International Bar Association

Who Owns the Land? Farming, Mining & Land Rights in Africa

October 6 – 11, 2013
Boston, MA
Speaking Engagement

Mining Law Committee and the Human Rights Institute: Mining Law Committee

Artisanal and Illegal Mining in Central Africa

3 November 2011
Speaking Engagement

57th Annual Rocky Mountain Mineral Law Institute

Mining in the Democratic Republic of Congo - A Case Study

July 21-23, 2011
Results 1-5 of 5
Results 1-20 of 22
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Publication

Conflict Minerals – What role for European business?

McGuireWoods LLP & FTI Consulting
April 28, 2014
Legal Alert

SEC Conflict Minerals Rule Upheld

July 24, 2013
Legal Alert

Recent EU Mining Developments

Just Two Weeks Left for Stakeholders to Participate in the European Commission’s Consultation on Conflict Minerals

June 10, 2013
Legal Alert

Recent EU Mining Developments

April 18, 2013
Article

Mining Legislation in the Democratic Republic of Congo

Getting the Deal Through
2012
Legal Alert

Belgium as a Hub for Doing Business in Congo

January 31, 2012
Publication

Mining in the Democratic Republic of the Congo: A Case Study

57th Annual Rocky Mountain Mineral Law Foundation Institute Proceedings
2011
Legal Alert

Mining - Digging Deeper

EU Action Means Mining Companies Need to Get Involved

December 6, 2011
Results 1-20 of 22