Gregory J. Krock Partner

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Greg Krock is an accomplished litigator who represents clients in matters involving the oil and gas, electric utilities, and coal industries. His experience includes litigating contract disputes, unfair competition claims, toxic tort cases, and other business disputes before state, federal and appellate courts.

Greg is well-known in the energy market for his expertise litigating disputes which occur throughout the lifecycle of oil and gas production – from access to mineral rights to supply contracts. For example, Greg has litigated class action royalty cases, lease disputes with landowners (including bad faith pooling cases), toxic tort claims involving hydraulic fracturing, multi-million dollar contract disputes between drilling companies and their contractors, unfair competition claims against natural gas companies, disagreements involving joint operating agreements, and a myriad of disputes involving the construction, operation, and sale of natural gas pipelines.

Greg served as lead counsel in Butler v. Powers, in which the Pennsylvania Supreme Court ruled for Krock’s client, preserving the state’s so-called “Dunham Rule” and affirming that natural gas rights are separate from mineral rights in the state. The opinion protected thousands of lease deals between landowners and developers in the state’s Marcellus Shale region.

In addition to his energy litigation practice, Greg has litigated disputes involving unfair competition, covenants not to compete, trade secrets, and confidentiality agreements.  He has also represented corporate clients embroiled in financial, contract, and shareholder disputes.  Finally, Greg maintains a niche practice involving First Amendment issues faced by public transit agencies.

In light of his energy-related experience, Greg has repeatedly been asked to speak and comment on oil and gas developments in the Appalachian region.  He also periodically speaks at seminars involving restrictive covenants and the protection of trade secrets.

Experience

Energy Experience

  • Obtained allowance of appeal and then prevailed in the Pennsylvania Supreme Court in the highly-publicized Butler case involving whether a reference to “minerals” in deed includes Marcellus Shale gas.
  • Obtained the dismissal of a class action lawsuit against a natural gas pipeline operator arising of its operation of its energy choice program. The dismissal was affirmed by an Ohio appellate court.
  • Secured a defense verdict on behalf of the operator of a natural gas gathering system in a trial involving the purported failure to remit additional consideration under a series of right-of-way agreements. The disputed involved purported damages of almost $10 million.
  • Obtained summary judgment on behalf of the operator under a joint operating agreement in a lawsuit filed by the non-operator seeking to recover $8 million in damages for the refusal to complete an allegedly profitable well. The trial court awarded the operator more than $1 million in counsel fees.
  • Defended a natural gas producer in a class action involving the purported failure to pay statutory interest under the state’s royalty payment act.
  • Defended a Wyoming natural gas producer against claims that it improperly deducted certain costs from payments to royalty and overriding royalty owners.
  • Obtained a defense verdict in an arbitration in which the plaintiff sought to recover approximately $8 million in damages arising from an oil and gas company’s alleged bad faith unitization.
  • Defended one of the largest national gas producers in the United States in a lawsuit involving the alleged underpayment of royalties.
  • Represented an oil producer in an arbitration involving the calculation of working interest payments associated with wells in North Dakota.
  • Defended a natural gas producer in an alleged price manipulation and fiduciary duty lawsuit in West Virginia.
  • Represented an oilfield service company in multiple lawsuits involving the construction of the Mariner East Pipeline in Pennsylvania.
  • Obtained summary judgement on behalf of drilling service companies in a toxic tort action involving the alleged release of hydraulic fracturing chemicals.
  • Obtained a defense verdict on behalf of an international commodities trading company in a three-day trial involving a multi-million dollar dispute. The trial involved issues of first impression regarding the cancellation of book transfers in the petroleum industry.
  • Obtained a $220 million verdict in a five-week jury trial involving a breach of contract and fraudulent misrepresentation associated with the coal, coke, and steel industry. The verdict, which included $100 million in punitive damages, was reported by the National Law Journal’s VerdictSearch to be the seventh-largest jury verdict in 2007.
  • Obtained a defense verdict in a landowner’s lawsuit to cancel and oil and gas lease for failure to timely remit delay rentals.
  • Defended an electric utility in several multi-million dollar lawsuits arising out of contact with overhead power lines.
  • Obtained the dismissal of an action against an oil and gas engineering company involving trade secrets and unfair competition.

Commercial Litigation Experience

  • Represented an international manufacturer of conveyor-belt products to enforce its restrictive covenant with a former employer and protect its trade secrets.
  • Defended a public transit agency in a First Amendment dispute in which employees argued that the agency’s uniform policy violated their free speech rights.
  • Obtained summary judgment on behalf of an automobile dealership in a multi-million dollar breach of contract lawsuit arising out of the termination of an asset purchase agreement. Judgment was affirmed by the U.S. Court of Appeals for the Third Circuit.
  • Filed amicus briefs with the U.S. Supreme Court and U.S. Court of Appeals for the Third Circuit in support of a public transit agency’s right to reject proposed advertisements on their vehicles.
  • Represented a security alarm financing company in a multi-million dollar fraud action to prevent a debtor from avoiding its obligations.
  • Obtained a non-jury verdict on behalf of a national roofing company to recover money converted by its joint venture partner.
  • Defended an international accounting firm in a professional negligence action brought by the producer of coke for use in the steelmaking process.  The two-week jury trial involved novel issues surrounding the monetization of tax credits available for unconventional fuels.
  • Defended a transit company in First Amendment actions arising out of its advertising policy.