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GAILLE PLLC

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scottgaille

Scott Gaille is an attorney, energy executive, and academic (University of Chicago Law School and Rice University Graduate School of Business)

Avoiding Moral Hazard When Allocating COVID-19 Force Majeure Risk in Construction Contracts [Gaille Energy Blog Issue 87]

One of the principal COVID-19 issues facing the construction industry is a work shutdown due to an employee exhibiting COVID-19 symptoms, testing positive for COVID-19, or being exposed to someone who has tested positive for COVID-19.  In such cases, the... Continue Reading →

Will COVID-19 Increase Oil Demand? [Gaille Energy Blog Issue 86]

In 2003, China saw a preview of COVID-19 in the form of another coronavirus called SARS.  SARS struck Hong Kong and sent a wave of change across China.  Yet most Americans were oblivious to its existence.  At the time, though,... Continue Reading →

Standby Compensation for Force Majeure? [Gaille Energy Blog Issue 85]

“Time, no money,” are words commonly spoken by project owners when negotiating force majeure relief in construction and services contracts.  It means that while a contractor can receive schedule extensions (more days to complete the work), no additional compensation will... Continue Reading →

The General Counsel’s Dilemma: In-House Counsel or Outside Counsel [Gaille Energy Blog Issue 84]

For decades, consultants have sought to systematize the process of allocating work between in-house counsel and outside counsel.  The largest companies even have entire “legal services” departments, which provide no “legal services” but are instead responsible for decreasing legal costs... Continue Reading →

Negotiation Challenges in the World of COVID-19 [Gaille Energy Blog Issue 83]

About a month ago, Houston declared a state of emergency due to the COVID-19 pandemic.  We closed our office and sent our five lawyers to work from home.  The good news was that most of our practice involves drafting and... Continue Reading →

Suspension Agreements as an Alternative to Force Majeure [Gaille Energy Blog Issue 82]

Lawyers often gain valuable experience by accident.  This was the case with me and force majeure.  A couple of weeks after 9/11, I joined Occidental Petroleum’s business development office in Dubai.  As the youngest person on the team, I received... Continue Reading →

The Value Proposition of the Energy Transactions Boutique Law Firm [Gaille Energy Blog Issue 81]

The recipe for starting a boutique law firm is well known.  Boutique law firms are typically founded by one or more Big Law alums with industry-leading expertise who then recruit top associates, essentially creating a talent pool of comparable quality... Continue Reading →

Are Longer (More Detailed) Contracts Better?  [Gaille Energy Blog Issue 80]

Over my 25 years as an energy transactions lawyer, I have watched as agreements of all kinds have become longer and more detailed.  Last week, I was in Canada (-21 degrees) helping a client develop a new agreement. The precedent previously... Continue Reading →

3 Types of Indemnities (Energy Construction) [Gaille Energy Blog Issue 79]

An indemnity is one party’s agreement to hold another harmless for certain types of claims or losses.  A typical definition of Indemnify would be as follows: “Indemnify” means release, reimburse, protect, indemnify, compensate, make whole, make good, hold harmless, and... Continue Reading →

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