Robert D. Edinger
Email: [email protected]
Oil, Gas and Energy Litigation
Antitrust & RICO Litigation
Family Trust Litigation
10th Circuit, 1985
U.S. Supreme Court, 2003
U.S. District Courts for the Western, Northern, and Eastern Districts of Oklahoma
U.S. District Courts for Northern and Southern Districts of Texas
J. D., University of Oklahoma College of Law, 1979
B.B.A., Oklahoma City University, 1974
PROFESSIONAL ORGANIZATIONS AND MEMBERSHIPS
Oklahoma Bar Association (Energy and Natural Resources, and Environmental Law Sections)
Oklahoma City Mineral Lawyers Society
Robert D. Edinger
Robert Edinger has been representing clients in complex civil litigation for over 39 years. He has been involved in a number of high profile trials and appeals in Oklahoma, including obtaining a $28 million jury verdict in an antitrust case and defending the judgment before the 10th Circuit Court of Appeals and U.S. Supreme Court. In recent years he oversaw lawsuits filed in multiple federal district courts around the country involving a $123 million disputed interpretation of professional liability insurance policies, resulting in successful appellate judgments issued by the 9th and 10th Circuit Courts of Appeal.
Robert’s background offers a unique blend of trial and appellate expertise in both state and federal courts, thus providing clients with assurance that they will have seamless representation from the beginning of any lawsuit to its final conclusion.
Robert’s litigation focus has extended into variety of industries. In the oil and gas area, he has litigated contractual and accounting issues arising from oil and gas leases, purchase contracts, operating agreements, processing agreements, drilling contracts and pooling orders issued by regulatory authorities. His environmental litigation experience overlaps not only oil and gas exploration operations, but also includes gasoline underground storage tanks, railroad car spills, and oil refinery and waterflood facilities. In recent years he served as receivership counsel for both the Oklahoma Securities Commission and the Oklahoma Insurance Commission in court-ordered receiverships of companies being liquidated for violations of Oklahoma securities and insurance laws. He has successfully defended clients accused of violating federal antitrust and racketeering laws. In shareholder derivative suits, he has represented both companies and shareholders in lawsuits over alleged breaches of corporate fiduciary duties. Finally, he has successfully represented clients in litigation concerning the interpretation and application of family trusts and wills.
Along with Ryan Leonard, Robert authored an article entitled “Resolution of FDIC Claims in BancInsure Oklahoma Receivership” published in the the 2017 edition of The Insurance Receiver. He has spoken at a variety of industry and legal seminars on subjects ranging from natural gas contract litigation to citizen lawsuits under the federal Resource Conservation and Recovery Act (RCRA). He has been listed as a Top Lawyer – Litigation in Oklahoma.
- Successfully represented court-appointed receiver in liquidating assets of corporate and individual defendants charged with violating Oklahoma Securities laws, including successfully re-classifying insider investor’s $3.3 million loan as capital and then equitably subordinating repayment of that loan to claims of all other creditors based on the insider’s inequitable conduct. In a case of first impression, the appellate court affirmed this reclassification and subordination as proper under the Oklahoma Securities Act and equitable doctrines.
- Successfully represented state insurance department receiver liquidating nationwide seller of officer/director professional liability policies against FDIC in multiple federal lawsuits wherein state insurance department’s interpretation of policy exclusion was ultimately adopted by both 9th and 10th Circuit Courts of Appeal, saving receivership approximately $123 million against claims of FDIC.
- Successfully represented nine individual companies in federal antitrust lawsuit against nationwide telephone carrier in which jury awarded clients treble damages and attorneys’ fees and costs in excess of $28 million; then defended judgment on appeal before the 10th Circuit Court of Appeals and the U.S. Supreme Court.
- Successfully obtained trial court judgment for operator in breach of contract claim against non-operator based on election to participate under joint operating agreement which non-operator argued was invalid.
- Successfully represented parties in six (6) different lawsuits alleging pollution from leaking underground storage tanks at retail gasoline stations across state of Oklahoma.
- Successfully represented defendant in federal lawsuit against allegations that it had violated antitrust laws and civil RICO statutes in operating saltwater disposal facilities.
- Successfully represented major oil and gas operator in lawsuit to obtain overpayments made to non-operators involving oil pricing provisions in field-wide waterflood unit.
- Successfully represented oil and gas operator sued by landowners for alleged pollution from waterflood units.
- Successfully represented clients who were alleged defrauded investors in national clothing manufacturing company in lawsuit asserting federal and state securities fraud violations by company officers/directors and accounting malpractice by nationwide accounting firm.
- Successfully represented oil and gas company against lawsuit by Native American tribe in which tribe sought to cancel oil and gas leases on tribal lands based on failure to pay production taxes, registration fees and other monetary assessments by tribe.
- Successfully represented state insurance department in agency proceeding against national insurance carrier based on its violation of antitrust laws in corporate merger.
- Successfully represented numerous clients in administrative proceedings before the Oklahoma Corporation Commission on a variety of environmental matters involving oil and gas operations and underground storage tank operations.
- Successfully represented independent telephone company in administrative proceedings before Oklahoma Corporation Commission involving inter-carrier reciprocal telephone contracts and switching operations.
- Successfully represented nonoperators in federal lawsuit involving the construction of a gas processing plant and breach of gas purchase contract which resulted in a substantial settlement after securing a favorable Special Master ruling and corresponding court order.
- Successfully represented plaintiff minority shareholder in derivative lawsuit against majority shareholder based on claims of embezzlement of company funds and assets and breach of fiduciary duties.
- Successfully represented family beneficiaries in trust dispute involving interpretation and application of family trust as well as alleged fraud and undue influence over trust settlor by another beneficiary.
- Successfully defended state government employees, in their official and individual capacities, for defamation, tortious interference with contract, and constitutional violations based on their administration and distribution of a five million dollar monthly revolving fund.
- Successfully represented family trust beneficiaries against other beneficiaries based on issues surrounding settlor’s competency to sign certain trust amendments.