The energy industry faces complex and evolving legal challenges. At any given moment, there are a myriad of issues that threaten the viability of companies within this sector. Challenges that increase the volume of litigation include:

Climate Change Litigation 

Energy companies are increasingly under the microscope for their contributions to climate change. Lawsuits often allege that energy companies have failed to disclose climate risks in their financial reporting, leading to legal risks and potential financial liabilities. 

Energy and Environmental Accidents  

Accidents in the energy sector, such as spills, leaks, and catastrophic failures, can lead to a range of liabilities, including wrongful death, property damage, and environmental contamination claims.  

Regulatory and Compliance Issues  

The energy industry is heavily regulated, with agencies such as the Federal Energy Regulatory Commission (FERC) and the Environmental Protection Agency (EPA) overseeing numerous aspects of operations, including safety and efficiency, as well as environmental responsibility. 

Contract Disputes 

Contract disputes can arise from disagreements over contract terms, delays in project completion, and breaches of contract. Energy companies regularly deal with disputes involving royalties, land disputes, joint ventures, purchase agreements and employment agreements.  

The Role of eDiscovery in Addressing Legal Challenges 

With the high potential volume of legislation and regulatory requests, energy companies need to streamline processes and reduce costs whenever possible.   

Preparation and Training 

Energy companies can gain access to tools that help their legal and compliance teams quickly resolve internal investigations and other legal disputes. This includes collection, organization, and analysis of large datasets. Additionally, training legal teams on eDiscovery capabilities ensures they are equipped to handle investigations and legal proceedings efficiently. 

Collaboration with Industry Experts 

Working with an alternative legal service provider (ALSP) with energy industry experience can enhance the effectiveness of eDiscovery efforts. Experts can often provide valuable insights and support to help companies navigate complex legal challenges. Developing relationships with experienced vendors and establishing processes for quick response times are also critical components of a successful eDiscovery strategy. For example, partners that are familiar with climate change and environmental accidents data, FERC and EPA regulations, and internal company processes can collaborate and consult immediately when matters arrive. This familiarity allows for efficient resolutions, saving time and money. 

Leveraging Technology 

The use of Technology Assisted Review (TAR) and artificial intelligence (AI), can improve efficiencies in eDiscovery, saving time, resources, and money. AI helps to automate the analysis of large datasets, identify relevant information quickly, and streamline the resolution of disputes.  

Integration of eDiscovery in legal strategy, training and technology, and collaboration with industry experts can help energy companies combat rising costs in an increasingly regulated and litigious environment.  

Learn more about the Epiq Discovery platform.  


Don Mangum is an accomplished consultant and legal professional with over 20 years of experience in legal, consulting, and management roles, including more than a decade in eDiscovery. As Associate Director of the Energy Vertical at Epiq, he oversees the team handling energy matters. Prior to his work in eDiscovery, known for building strong relationships with energy clients, he has an extensive background in the oil and gas sector, as well as energy infrastructure and construction. Don holds a BA in History with a minor in Business Management from Brigham Young University and a JD from the University of Houston.