Robert D. Woods

Robert Woods is a trial lawyer who handles complex, high-stakes commercial disputes nationwide, with a particular focus on the energy sector. His practice centers on oil and gas litigation, but he regularly applies the same trial and strategic skillset to disputes outside upstream energy, including matters involving power generation, coal, and other asset-intensive business.

Robert has extensive experience in royalty, lease termination, subsurface trespass, joint operating agreement, processing and gathering, environmental contamination, surface use, and related disputes. He represents clients in state and federal courts and in domestic arbitrations across the country, often in cases involving significant financial exposure and technical complexity.

Robert has presented opening statements and examined and cross-examined witnesses in major trials and arbitrations. Drawing on that trial experience, he also advises clients on dispute avoidance, early case assessment, and strategic resolutions that align legal outcomes with broader business objectives.

He is ranked nationally in Oil & Gas Litigation by Chambers USA and is a frequent author and speaker on legal and business issues affecting the energy industry, with a focus on emerging trends and evolving risk areas.

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Representative Experience

• Yoho v. SWN (N.D.W. Va.) Secured summary judgement for operator in West Virginia against claims of alleged “well bashing” by fracking operations, as well as denial of class certification and exclusion of the opposing expert witness.
• Ageron v. ETC (McMullen County, Texas) Secured dismissal of $190 million claims against midstream company operating a disposal well in South Texas for allegedly causing a well failure.
• Confidential client. Secured favorable settlement for Permian operator in claims for breach of a farmout agreement involving state oil and gas leases.
• Confidential client. Secured favorable settlement for Permian operator against a supplier for claims based on breach of warranty.
• Confidential client. Secured favorable settlement for purchaser of Pennsylvania coal assets in dispute over alleged breach of a PSA.
• Confidential client. Secured favorable settlement on the eve of trial for non-operating working interest owners for breach of reassignment obligations under a farmout agreement.
• Confidential client. Secured favorable settlement for operator in West Virginia against claims of subsurface trespass allegedly caused by fracking operations.
• Confidential client. Secured favorable settlement for operator in Texas against claims of subsurface trespass allegedly caused by fracking operations.
• Confidential client. Secured favorable settlement for operator in West Virginia against claims of underpayment of an overriding royalty, after prevailing on key legal issues at the outset of the case.
• Confidential client. Secured favorable settlement for operator in Oklahoma in a putative class action alleging failure to pay royalty on fuel gas, as well as underpayment of interest under a royalty statute, after filing motion to exclude the plaintiff’s expert witness.
• Confidential client. Secured favorable settlement for operator in Oklahoma in an already-certified class action alleging underpayment of royalty for breach of the implied covenant to market and alleged failure to pay royalty on fuel gas, after prevailing on key legal issues at summary judgment.
• Confidential client. Secured favorable settlement for midstream client in Harris County, Texas based on claims for breach of a midstream dedication, after the producer’s motion for summary judgment was denied.
• Confidential client. Secured favorable settlement for midstream client in Oklahoma against claims for breach of a gathering and processing agreement.
• Confidential client. Secured favorable settlement for client in New Mexico against claims for alleged forfeiture of interest under joint operating agreement.
• Sierra Frac Sand v. CDE Global (E.D. Tex.) Secured dismissal for forum non conveniens of a multi-million fraud and breach of contract lawsuit arising out of the sale of sand processing equipment.
• Briggs v. Southwestern Energy (Penn. Supreme Court) Coordinated briefing in landmark appeal of subsurface trespass issues in the Marcellus Shale, including amici.
• Confidential client. Secured favorable settlement for operator in Oklahoma against a putative class action alleging underpayment of interest under a royalty statute.
• Apollo v. Apache (Midland County, Texas) Secured no evidence summary judgment on the eve of trial for operator against alleged multi-hundred million dollar claims under purchase and sale agreements and joint operating agreements related to carried interests and alleged failure to preserve leasehold.
• Confidential client. Secured a favorable settlement for an overriding royalty interest owner related to the deduction of post-production costs in Oklahoma.
• Confidential client. Secured favorable settlement in multi-million-dollar trespass to try title dispute in South Texas regarding retained acreage after summary judgment briefing.
• Smith v. SWN (E.D. Arkansas) Part of a team that secured a full defense jury verdict in a two-week $300 million trial of a royalty underpayment class action related to an affiliate midstream contract.
• Eagle Ford Royalty Cases. Representation and settlement of over a dozen royalty claims at all stages of litigation in various South Texas jurisdictions.
• Numerous advisory matters relating to joint operating agreements, subsurface trespass, gas gathering/processing contracts, and royalty payment issues in multiple jurisdictions.

Presentations & Publications

• “In-Kind Royalties and Post-Production Costs Update,” Texas Bar CLE Oil & Gas Disputes Conference, February 2026
• “Royalty Litigation from a Midstream Perspective,” IEL Midstream Conference, December 2025 (panelist)
• “Onshore vs. Offshore – What Do You Need to Know,” Institute for Energy Law’s 7th National Young Energy Professionals’ Law Conference, March 27, 2024 (panelist)
• “Perspectives from Both Sides of Royalty Litigation – Operator and Landowner,” 21st Annual Energy Litigation Conference, November 9, 2022 (co-presenter)
• “Bluestone: Texas Supreme Court Adds to Law on Postproduction Costs and Analyzes Issue of First Impression on Free Use Clause,” The Energy Dispatch, Institute for Energy Law, June 2021
• “Royalty Litigation Update,” Houston Bar Association Oil, Gas & Mineral Law Section CLE, May 27, 2021 (co-presenter)
• “Be Careful What You Bargain For: A Litigator’s Perspective on Negotiating and Interpreting Oil and Gas Contracts in Texas,” TJOGEL Symposium, February 2021 (co-presenter)
• “Trends in Royalty Litigation in Texas, the Fifth Circuit, and Beyond,” 2019 TJOGEL Symposium (presenter)
• “Royalty Litigation and Class Actions in Texas and the Fifth Circuit,” The Advocate, Winter 2018 (co-author)
• “The Royalty Class Action Trial – Lessons Learned,” Institute for Energy Law 17th Annual Energy Litigation Conference, November 2018 (co-presenter)
• “Recent Developments Regarding the Discovery Rule and Fraudulent Concealment Doctrine,” Page Keeton Civil Litigation Conference, October 2016 (author and presenter)
• Young Energy Professionals General Counsel Forum, Institute for Energy Law, 2015-2017 (co-chair)
• “An Uncertain Fate for Oil and Gas Midstream Agreements,” Law360, February 2016
• “Are Modern ‘Compensatory’ Royalty Clauses Unenforceable Penalty Clauses? Five Factors to Guide the Analysis,” Section Report of the Oil, Gas & Energy Resources Law Section, State Bar of Texas, Spring 2016