C. Peck Hayne, Jr.

Peck Hayne's practice centers on oil and gas, pipeline and other energy-related transactions and regulation and on federal appellate litigation.

Peck regularly negotiates, drafts and advises clients on complex purchase and sale agreements, operating agreements, mineral leases, right-of-way agreements, transportation and interconnection agreements, gas storage agreements and settlement agreements in complex litigation and other disputes. He also frequently renders title opinions on complex petroleum titles in Louisiana and on the Outer Continental Shelf (OCS) and assists both lenders and borrowers in the financing of onshore and offshore oil and gas properties.

He has represented clients before numerous Louisiana and federal regulators for the oil, gas and energy industries. This advice and representation includes transportation, gathering, sale, tariff and pipeline safety issues for both oil and gas; LNG and gas storage; accounting audits; audits of unclaimed mineral proceeds; and operations on the OCS for offshore leases and rights-of-way.

Highlights of Peck’s federal appellate litigation practice include convincing a Fifth Circuit panel to vacate its initial decision and rule the other way. Additionally, in 2007, he successfully obtained expedited rulings in two unrelated matters. In cases of industry-wide importance, he has found amicus parties who filed supporting briefs.

Peck graduated summa cum laude with a B.A. in Music from Yale University in 1984 and received his law degree from New York University in 1987. Before joining Gordon Arata, he served as a law clerk for two federal district judges, Charles Schwartz Jr. and Patrick E. Carr, in New Orleans from 1987 to 1991.

Representative Matters:

• Negotiation of leases and related agreements for numerous hydrocarbon storage projects in Louisiana
• Represented numerous oil and gas companies in buying or selling oil and gas properties
• Borrower's counsel to numerous oil and gas companies
• Lender's counsel for numerous oil and gas financings
• Purchase of equity interest in independent oil and gas company for over $500 million in 2011
• Title opinions for myriads of federal OCS leases and tracts throughout Louisiana

Representative Reported Cases:

• Clovelly Oil Co., LLC v. Midstates Petroleum Co., LLC, 112 So.3d 187 (La. 2013)
• Haspel & Davis Milling & Planting Co. v. Board of Comm’rs of Orleans Levee Dist., 493 F.3d 570 (5th Cir. 2008)
• CLK Co. v. CXY Energy Inc., 972 So.2d 1280 (La. App. 3d Cir. 2007), writs denied, 977 So.2d 932, 937 (La. 2008)
• In re Biloxi Casino Belle Inc. (First American Title Insurance Co. v. First Trust National Ass’n), 368 F.3d 491 (5th Cir. 2004)
• Simmons v. Templeton, 684 So.2d 529 (La. App. 4th Cir. 1996), writ denied, 688 So.2d 508 (La. 1997), appeal after remand, 723 So.2d 1009 (La. App. 4th Cir. 1998),writs denied, 738 So.2d 4-5 (La. 1999), appeal after further remand, 762 So.2d 63 (La. App. 4th Cir. 2000)
• In re Cajun Electric Power Cooperative, Inc., 69 F.3d 746 (5th Cir. 1995), on reh’g, 74 F.3d 599 (5th Cir.), cert. denied, 117 S. Ct. 51 (1996)

Published Works & Presentations:


• Fifth Circuit Broadens Insurance Coverage for Many E&P Companies, Gordon Arata "Drill Deeper" Blog (2014)
• Outer Continental Shelf Leases and Operating Regulations (Ch. 25) in Law of Federal Oil and Gas Leases(Rocky Mtn. Min. L. Found. and LexisNexis)
• Oil and Gas, 34 Texas Tech L. Rev. 819 (2003)
• Fifth Circuit Symposium: Oil and Gas, 46 Loyola L. Rev. 1199 (2000)
• Fifth Circuit Symposium: Oil and Gas, 44 Loyola L. Rev. 519 (1998)
• State Regulation of Pipelines (Ch. 6) in Energy Law and Transactions (Matthew Bender)

Professional Affiliations:

• Louisiana Supreme Court Committee on Bar Admissions – Civil Code I Examiner
• American Association of Professional Landmen (AAPL)
• Professional Landmen’s Association of New Orleans (PLANO)

Honors:

• AV Rated by Martindale-Hubbell
• Pro Bono Century Award by the Louisiana State Bar Association (2011)
• Pro Bono Publico Award by the Louisiana State Bar Association (2003)
• New Orleans Magazine "Top Lawyers" - Energy Law; Oil & Gas Law (2013, 2014)
• Rated by Super Lawyers as among top 50 lawyers in Louisiana