Kenneth H. Blakley
Email: [email protected]
Oil, Gas and Energy Litigation
Commercial and Business Litigation
Energy and Utility Regulatory Proceedings
Shareholder Rights and Fiduciary Litigation
U.S. Supreme Court, 1993
U.S. District Courts for the Western, Northern, and Eastern Districts of Oklahoma
J. D., University of Oklahoma College of Law, 1985 (Oklahoma Law Review)
B.B.A. in Energy Management, University of Oklahoma, 1981
Oil and Gas Environmental Law Course, University of Oklahoma College of Law, Master of Legal Studies, 2016-2018
Oil, Gas and Environmental Law Course, University of Oklahoma, Mewborne College of Engineering, 1999-2004
PROFESSIONAL ORGANIZATIONS AND MEMBERSHIPS
Oklahoma Bar Association (Litigation, Energy and Natural Resources, and Environmental Law Sections)
Texas Bar Association (Litigation, Oil, Gas and Energy Litigation Sections)
Master, William J. Holloway, Jr. American Inn of Courts
Oklahoma City Mineral Lawyers Society
Kenneth H. Blakley
Ken Blakley is a senior trial lawyer with over 35 years’ experience. His practice focuses on complex commercial litigation primarily in the areas of oil and gas and environmental law. He has successfully litigated more than 75 extensive and complex cases as lead counsel in federal and state courts and before administrative agencies through jury verdict, judgment, final order or settlement. Ken’s trial and litigation practice has been a unique blend of representing both plaintiffs and defendants in multiple disciplines and industries. Ken’s experience and reputation have earned him listings in peer-reviewed “Top Lawyers-Litigation” and “Best Lawyers in America-Commercial Litigation, Energy Law and Litigation, and Environmental Litigation,” as well as selection to the 2019 Oklahoma SuperLawyers. He also maintains the highest Martindale-Hubbell Preeminent Attorney Recognition (“AV”) rating for skills and ethics. Ken is also an authority on the use of contingency or other alternative fee arrangements in business and commercial lawsuits.
Ken’s energy litigation practice covers almost every type of industry dispute including all facets of the oil and gas lease, conveyances, operating agreements, drilling contracts, purchase and sale agreements, gas purchase contracts, midstream and plant processing agreements, and regulatory orders. He also represents clients in tribal court on issues involving Native American law. He has extensive experience in representing clients in environmental and pollution lawsuits involving contamination to air, land, surface water and groundwater and related toxic tort claims. He was also retained to defend multiple earthquake lawsuits involving alleged seismicity from disposal well practices and has diverse experience before the Oklahoma Corporation Commission in the areas of oil and gas pollution and remediation, underground storage tank regulation, telecommunication contracts, and utility power purchase agreements and rate hearings.
In addition to his energy and environmental practice, Ken represents clients in matters involving a variety of business disputes including breach of contract, breach of fiduciary duty, actual and constructive fraud, and other alleged tortious activity. These matters cover a cross-section of industries from telecommunications to healthcare and manufacturing. He has prosecuted and defended shareholder actions involving closely held, private corporations or limited liability companies where one or more owners are alleged to have committed self-dealing, waste or embezzlement of the entity’s money or property, as well as actions involving distributions under family wills and trusts.
During his career, Ken has lectured in over 30 seminars on behalf of numerous academic and professional organizations. His recent presentations include:
- Managing the Testifying Expert in Pollution Cases: The Daubert Challenge
- Corporate Counsel’s Attorney-Client Privilege: The Common Interest Privilege
- Contingency Fees in Commercial and Business Disputes: An Alternative
Ken also spent two tenures as an Adjunct Professor for the University of Oklahoma teaching oil, gas and environmental law.
Successfully defended numerous major and independent energy companies in pollution actions based on allegations of improper drilling, fracking, completing and operating of oil or gas wells, or improper operation of pipelines, disposal wells, processing plants, refineries and associated facilities.
Successfully represented privately held internet service provider in administrative proceeding which resulted in multimillion-dollar settlement for breach of contract against publicly traded service provider.
Successfully represented midstream company in action by operators and producers seeking to terminate hundreds of gas purchase contracts and well dedications.
Successfully defended energy company in action by Native American tribe asserting right to gross production taxes on oil and gas production from tribal lands.
Successfully defended major oil company by defeating class certification in field-wide groundwater pollution class action lawsuit in which hundreds of landowners were seeking personal injuries and property damage from historic and ongoing oil and gas operations.
Successfully represented plaintiff minority shareholders against corporate officers and directors in several lawsuits based on breach of fiduciary duty and fraud which resulted in collective multimillion-dollar settlements.
Successfully defended privately owned limited liability company in action by minority owner seeking breach of contract and unjust enrichment for undervaluation of shares and recovery of attorney fees and costs against plaintiff.
Successfully defended operators and working interest owners in oil and gas lease quiet title and cancellation actions based on alleged failure to produce in paying quantities.
Successfully represented plaintiffs in condemnation action by Oklahoma Department of Transportation by obtaining a judgment in an amount in excess of $500,000 for undeveloped farmland.
Successfully defended environmental consultant in action for negligent installation and operation of remediation system and associated personal injury claims.
Successfully represented nonoperators in prosecuting action involving the negligent construction and operation of a gas processing plant and breach of gas purchase contract.
Successfully defended independent energy company in a $160 million-dollar action for breach of contract, breach of good faith and fair dealing, and actual and constructive fraud involving a disputed purchase and sale agreement covering thousands of acres of oil and gas leasehold.
Successfully defended shareholder and third-parties by obtaining dismissal with prejudice of federal action alleging RICO, antitrust violations, breach of fiduciary duty, and derivative claims by other shareholder.
Successfully represented plaintiff trust beneficiaries in action involving disputed trust distribution and fraud which resulted in multimillion-dollar recovery and substantial per capita client distribution.
Successfully defended operator under operating agreement in action by non-operator for violation of COPAS and related claim for accounting.
Successfully defended national power company in Oklahoma Corporation Commission action involving approval of power purchase agreements and rates.
Successfully represented plaintiffs in multiple environmental actions involving pollution to air, land, and groundwater which resulted in collective multimillion-dollar recoveries.
Successfully represented numerous clients in administrative proceedings before the Oklahoma Corporation Commission on matters involving oil and gas, environmental, underground storage tanks, pipeline transportation, utilities, enforcement actions, and telecommunications.
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 plaintiff in quiet title dispute relating to the drilling and production of multiple oil wells which resulted in the recovery of unpaid proceeds, interest and attorney fees.
Successfully defended large independent oil and gas company in RCRA corrective action seeking injunctive relief prohibiting the use of disposal wells in the State of Oklahoma.
Successfully defended gas plant operator against nonoperators in action for breach of contract and related torts for alleged improper accounting of plant costs and distribution of plant proceeds.
Successfully defended independent oil company in action by Native American tribe claiming property damage from earthquakes allegedly caused by saltwater disposal wells.
Successfully represented independent oil companies by securing lease cancellations based on wells’ lack of capability to produce oil or gas in paying quantities.
Successfully defended independent energy company against non-operator on claims of breach of operating agreement and conversion of proceeds.