Kathy Marietta is a partner in King & Spalding’s Houston office and is a member of the Global Transactions Practice Group. She has particular expertise in LNG as well as considerable experience in engineering, procurement and construction projects, upstream and downstream operational agreements, offshore long-term drilling contracts, project development, operating agreements, international government negotiations, and acquisitions and divestitures. Her practice also includes other energy related transactions such as those involving the transportation and sale of oil & gas and those involving domestic power generation facilities. Ms. Marietta’s practice focuses on the structuring, negotiation and documentation of transactions involving her areas of expertise.
Prior to joining King & Spalding, Ms. Marietta was assistant general counsel of Apache Corporation, where her practice was international with a focus on major projects (including LNG projects), new ventures, government negotiations (including various granting instruments and upstream agreements), upstream oil & gas operations, and acquisition and divestitures. She also spent 11 years working in Southeast Asia while residing in Singapore and working for prominent U.S. based law firms. While in Singapore, Ms. Marietta negotiated and documented a significant number of syndicated credit facilities representing financial institutions, serving as agent in these facilities, with major Indonesian business groups as borrowers.
Ms. Marietta’s significant experience representing multinational clients includes projects located in Alaska, Canada, Southeast Asia, China, Africa, the Middle East, Australia, South America and the North Sea.
She is recognized in Legal 500 2014 Guide to Leading U.S. law firms in the areas of Project Finance and Energy-Transactions.
Ms. Marietta earned a BS in Soil and Water Science from California Polytechnic State University and earned a JD from Ventura College of Law. She served on the Board of Directors of the Association of International Petroleum Negotiators and on the Board of Directors of the IAPGH. She is a member of the State Bar of Texas, the State Bar of California and the American Bar Association.
Publications and Speeches (September 2013-2015):
- LNG Third Party Tolling Agreements: Issues to Consider” in Practical Law, November 2015
- “Steady Regulations, Buyer Relationships in Key Successful LNG Projects” in Oil and Gas Journal, October 2015
- “Contracting and Strategy Considerations in Unconventional Developments” Client Presentation, September 2015
- “The Preliminary Agreement – Framing or Frustrating the Deal?” in King & Spalding Energy Newsletter, June 2015
- “Joint Operating Agreements” Co-Presented at the AIPN Model Contracts Workshop (Edinburgh, Scotland), June 2015
- “10 Keys to a Successful LNG Export Project” in King & Spalding’s Energy Newsletter, May 2015
- “Shared (Common) Facilities in LNG Projects” in Law360, April 2015
- “Opportunities in Distressed Markets: Insights into the Acquisition and Divestiture Process” in King & Spalding’s Energy Newsletter, March 2015
- “Drilling Contracts – Avoiding Misunderstanding” in King & Spalding’s Energy Newsletter, February 2015
- “Third Party Tolling Agreements” in King & Spalding Energy Newsletter, March 2014
- “Negotiating Third Party Tolling Agreements” in Power Finance & Risk, February 2014
- “Joint Operating Agreements” co-led a 1 day course, part of AIPN/RMMLF ‘s International Short Course on Oil and Gas (Houston, 2013)
- “LNG Tolling Agreements (Export) – Key Considerations” in King & Spalding’s Energy Newsletter, December 2013
- Counsel to ConocoPhilips in connection with the Alaska LNG project.
- Counsel to Anadarko in relation to operational aspects (tolling agreements, lifting agreements, common facilities agreements, operating and maintenance agreements, etc) of its multi-train LNG export project.
- Counsel to VGS in structuring and documenting an LNG floating receiving terminal in India.
- Representation of a client structuring, negotiating, and documenting the entire value chain of LNG contracts for the Wheatstone LNGProject in Western Australia.
- Representation of a client structuring, negotiating, and documenting the governance agreements for the Kitimat LNG Project in British Columbia, Canada.
- Representation of a client structuring, negotiating, and documenting two acquisitions (combined in excess of US$1 billion) of oil & gas assets in Argentina. This included extended travel to Argentina to address operational needs, contracting needs, FCPA compliance training, and numerous upstream contracts to support operations in country.
- Representation of a client structuring, negotiating, and documenting the acquisition of upstream producing oil & gas assets (approximately US$650 million) in the North Sea. Continued representation over the following 10 year period in connection with operational, subsea construction, and other legal matters involving these upstream oil & gas assets. In addition the representation included numerous farm-ins pursuant to which the client acquired an interest in other blocks in the region.
- Representation of a client structuring, negotiating, and documenting the acquisition of over US$1 billion in upstream producing oil & gas assets in the North Sea.
- Representation of a client in structuring, negotiating, and documenting the acquisition of oil & gas assets in offshore oil & gas interests in Kenya.
- Representation of a client in structuring, negotiating, and documenting acquisition of interests in onshore properties in New Zealand.
- Representation of a client on significant divestitures involving assets in Egypt and China (in excess of US$250 million each).
- Representation of a client in negotiating and finalizing government contract terms in Suriname for an exploration and production block.
- Representation of a client with respect to a bid round in Chile, pursuant to which the client acquired two blocks. This included the negotiation and finalization of government contracts granting exploration and production rights.
- Representation of a client in structuring, negotiating, and documenting numerous international joint operating agreements.
- Representation of a client in its review of bid rules and concessions in a number of countries over the course of the last few years, and participation in numerous “first contact” teams in country.
- Tracking developments in Mexico in connection with Mexico’s evolving efforts to modernize regulation of its upstream oil & gas industry, including forming a strategic relationship with a major Mexican conglomerate to consider investment opportunities, and numerous meeting with representatives of PEMEX to discuss PEMEX contract terms.
- Multiple engagements for the conversion of crude carriers to FPSOs, including drafting and negotiation of engineering, procurement, and construction contracts, O&M agreements and FPSO services agreements.
- Representation of a client structuring, negotiating, and documenting numerous medium term drilling contracts in various countries around the world valued at US$300 million to US$550 million each.
- Representation of clients for over 15 years structuring, documenting, and negotiating all aspects of upstream oil & gas operations in the North Sea, Australia, Argentina, Canada, China, Cyprus, Kenya, Chile, Suriname, Mozambique and other countries and regions around the world.
- Numerous representations involving government discussions and negotiations relating to new country entry.
- Counsel to Triton Energy in its construction and development of a deepwater oil field offshore Equatorial Guinea, including structuring, negotiating, and documenting matters concerning an FPSO.
- Counsel to ARCO in its development of its Villano project in Ecuador.