Mike Stenglein

• Representing Reficar in a dispute arising from construction of a crude oil refinery. This matter went to hearing over 6 weeks before the International Chamber of Commerce in the summer of 2021 and deals with one of the largest construction projects in South America.
• Represented Microsoft in a dispute over the construction of a data center that involves claims of cost overruns and schedule delays.
• Representing a confidential client in matters involving the construction of a large semiconductor facility in Central Texas.
• Representing a confidential client in a dispute involving the construction of a multi-billion oil refinery upgrade project in Southeast Asia.
• Representing a confidential client in a dispute involving the construction of a desalination plant in South America.
• Representing a confidential client in ICC arbitration involving the construction of an energy facility in North Africa.
• Representing a confidential client in multiple disputes arising from the construction of a multi-billion dollar subway system in a major metropolitan area in Canada.
• Represented a confidential client in a matter involving the expansion of a semiconductor facility.
• Represented a confidential client in a dispute over the construction failure at a semiconductor facility that caused a power outage and resulting loss of millions of dollars of wafers that were in progress at the time of the power loss.
• Represented a confidential client in a power purchase agreement dispute involving a solar and battery facility in Nevada.
• Represented a confidential client in a construction dispute involving a solar and battery facility in California.
• Represented a confidential client in a construction dispute involving a solar facility in west Texas.
• Represented a confidential client in a dispute over the proper price to charge for gas transmission on a pipeline that runs from Texas to the Northeast.
• Represented several clients in MDL litigation resulting from Winter Storm Uri centering on ERCOT regulations and complex issues in the energy space.
• Represented a confidential client in a construction dispute involving an LNG facility in Florida.
• Represented a confidential client in a construction dispute involving a $4 billion petrochemical plant in Canada. This matter is governed by the ICC.
• Represented a confidential client in a dispute arising out of the largest public-private water supply agreement in the United States that cost nearly $3 billion to build (142 miles long).
• Represented a confidential client in an ICDR arbitration involving the construction failures associated with the building of a power plant in Massachusetts.
• Represented a confidential client in arbitration in the London Court of International Arbitration arising from a nearly $1 billion construction project in Southern Iraq.
• Representing a confidential client in AAA arbitration over construction of several power plants in Texas.
• Representing a confidential South American company in ICC arbitration involving dispute over surplus construction materials.
• Represented a confidential client over construction of a power plant in Pennsylvania.
• Represent a confidential client in construction dispute involving electrical failure that forced business disruption.
• Represented Bass Pro in contract dispute in federal court and secured settlement involving $40+ million in payments and tens of millions in additional future revenue.
• Represented a confidential client in arbitration over construction of hotel and retail store in Tennessee.
• Represented a confidential client in dispute over hotel construction in Missouri.
• Represented a confidential client in a dispute over a gas processing plant in Algeria in an ICC arbitration.
• Represented a confidential client in a dispute over the expansion of a subway system in Vancouver.
• Represented a confidential client in a dispute over an oil refinery in Thailand.
• Represented Iron Mountain in the Southern District of New York in a construction dispute involving a hyper-scale data center in Frankfurt, Germany.
• Represented Vale Ventures in Delaware Chancery Court over the interpretation of limited partner rights and obligations under a MIPA.
• Represented JV of private equity in Boston state court over pricing for power generation supplied to Boston hospitals.
• Represented the City of Denton in Dallas County state court in a dispute over the largest solar field construction project in the United States.
• Represented Halliburton in a patent infringement lawsuit with a major competitor over fracking technology that involved seven patents and more than 120 claims. Successfully resolved with no payment and receipt of license to use competitor’s technology.
• David Croucher, et al. v. MidCon Corp Employee Stock Ownership Plan, et al.: Represented U.S. Trust Company in an alleged breach of ERISA fiduciary duties class action involving the valuation of tracking stock.
• Adelphia Communications Corp. v. John J. Rigas, Timothy J. Rigas, Michael J. Rigas, James P. Rigas, et al.: Represented the Rigas Family in all facets of civil litigation in connection with Adelphia Communications Corp., including more than 60 securities fraud lawsuits, numerous RICO lawsuits and adversary proceedings in bankruptcy court.
• In Re Pacific Gas and Electric Company: Represented PG&E Corporation in litigation arising out of California’s energy crisis, including trial work confirming PG&E’s Plan of Reorganization.
• Deutsche Bank tax-related litigation: Represented Deutsche Bank in multiple lawsuits pending in state and federal court throughout Texas and the Southwest.
• Infinite Energy, Inc. v. Econnergy Energy Company, Inc.: Represented Gateway Energy in a breach of contract action arising from a terminated merger transaction between the companies, filed in the Northern District of Florida.
• Michigan South Central Power Agency v. Constellation Energy Commodities Group, Inc., f/k/a Constellation Power Source, Inc.: Represented Constellation Energy in breach of contract lawsuit where the plaintiff sought to shift SECA, congestion and other charges to Constellation.
• Occidental Chemical Corp. v. Entergy Louisiana LLC and the Louisiana Public Service Commission: Represented Occidental involving the proper methodology for calculating avoided cost payments to qualifying facilities under the Public Utility Regulatory Policies Act, filed in the Middle District of Louisiana.
• JD Wind et al. v. Public Utilities Commission of Texas et al.: Represented Occidental Permian Ltd. in multiple regulatory, state and federal litigation involving the appropriate electric rates that must be paid to certain wind-generation facilities in the Texas Panhandle.
• Alpharma Inc. v. Wyeth: Represented Alpharma Inc. in a breach of a contract and trademark infringement case to seek termination of a competitor's license to one of Alpharma's key trademarks, filed in the Southern District of New York.
• King Pharmaceutical, Inc. and Meridian Medical Technologies, Inc. v. Intelliject, Inc.: Represented patent holder in Paragraph IV patent infringement lawsuit regarding auto-injector technology, filed in the District of Delaware.
• Cameron International v. Cooper Industries, LLC.: Represented Cooper Industries in AAA arbitration defending claims of breach of contract and other allegations arising from the creation of Cameron in 1995 via divestiture of assets from Cooper.
• Cooper Industries v. Wyman Gordon: Represented Cooper Industries in federal court litigation arising out of disputes associated with a 1994 Stock Purchase Agreement.
• Weatherford International v. Panalpina: Represented Weatherford International in a lawsuit against a freight-forwarding company that failed to facilitate timely transportation of materials and equipment to Iraq.
• U. S. Contractors v. Parsons/Technip: Represented U.S. Contractors in a construction dispute before a three-person arbitration panel. U.S. Contractors received a judgment of more than $4 million, including attorney's fees. Parsons/Technip’s counterclaims of approximately $6 million were dismissed in their entirety.
• Lower Colorado River Authority v. Montoya Anderson Construction, Inc., et al.: Represented CEMEX in a lawsuit filed in Fayette County, Texas, involving a dispute over the construction of an addition to the Fayette County power plant.
• Represented Haliburton in several federal and state court cases alleging ground water contamination in Duncan, Oklahoma (the Osage litigation). That litigation lasted more than 6 years, involved thousands of claimants, and alleged property value diminution and physical injuries. The Osage cases were also very public with media appearances by Erin Brockovich, numerous television news reports, newspaper articles, and several different plaintiff firms advertising for clients.
• Representing Bass Pro in West Virginia state court litigation involving the construction of a retail store.
• Representing Environmental Resources Management is a Texas-based MDL proceeding that involves the alleged contamination of ground water that has allegedly caused physical injuries and property value diminution of property values. This is a very public matter with media appearance by Erin Brockovich, numerous television news reports, newspaper articles, and several different plaintiff firms advertising for clients.
• Represented Haliburton in several federal and state court cases alleging ground water contamination in Duncan, Oklahoma (the Osage litigation). That litigation lasted more than 6 years, involved thousands of claimants, and alleged property value diminution and physical injuries. The Osage cases were also very public with media appearances by Erin Brockovich, numerous television news reports, newspaper articles, and several different plaintiff firms advertising for clients.
• Represented Bass Pro in Delaware Chancery Court over purchase price dispute.
• Represented a confidential client in multiple patent infringement litigations over fracking technology.
• E.ON v. Gamesa: Represented Gamesa in AAA arbitration where plaintiff requested approximately $90 million in damages allegedly caused by design defect in wind turbine blades. Matter proceeded to final confidential hearing in January 2013. Excellent result achieved for client after final hearing.
• Windstar v. Gamesa: Represented Gamesa in AAA arbitration initially defending allegations of delay and disruption in building a utility-grade wind farm in California. Gamesa asserted counterclaims. Matter proceeded to final hearing, and Gamesa prevailed on all claims.
• AMEC/Zachry Crushed Stone Contractors Joint Venture, et al. v. CEMEX Construction Materials Florida, LLC: Represented CEMEX in a lawsuit filed in Orlando state court (Business Court Division) involving a dispute over a $60 million cost overrun arising from the construction of a cement plant in Brooksville, Florida.

Mike Stenglein specializes in resolving complex business disputes, principally in the construction and private equity space, and splits his time between Texas and New York.  He founded and is Managing Partner of our Austin office, as well as chair of the firm’s Global Construction and Engineering Disputes practice, chair of the firm’s Contingency Fee Committee, and a member of the firm's Diversity Committee. Mike also previously served as head of the firm’s Contracts and Business Torts group as well as the firm’s ten-person Policy Committee.

With respect to construction disputes, during his 30-year career Mike has lead teams in hundreds of complex disputes in courts and arbitral tribunals around the globe. In 2023, Mike was named Law 360 Construction MVP as well as American Lawyer Litigator of the Week for the Reficar victory (discussed below). He has also been recognized as Band 1 in Chambers where he is described as “an extraordinary litigator who is highly strategic in his approach and is also excellent at tactical work” and that he is "an extremely skilled advocate and communicator and his level of service is very high.”  Under Mike’s leadership, King & Spalding was named Construction Group of the Year by Law360 in 2018, 2020, 2021, 2022, and 2023. Mike prides himself on being responsive 24/7 and has twice been named a BTI Consulting Group Client Service All-Star.

Mike represents clients in disputes involving all manner of infrastructure disputes including oil refineries, chemical plants, power generation facilities, LNG facilities, FPSOs, subway and rail failures, data centers, semiconductor manufacturing plants, wind farms, solar and battery plants, and office and retail buildings. By way of example, Mike was lead counsel for Refinería de Cartagena (Reficar) in a dispute arising from construction of a crude oil refinery.  After a six-week hearing before the International Chamber of Commerce and our client was awarded nearly $1.3 billion in damages despite a contractual cap that appeared to limit damages to a small fraction of that amount.  Then, despite efforts by the judgement debtor in UK and Netherlands Courts to extinguish the judgment as an unsecured debt, Mike lead the team that secured important courtroom victories resulting in Reficar obtaining a package worth approximately $900 million.  In March 2024, Mike was again recognized by the American Lawyer for this achievement.

Mike’s focus is not limited to resolution of formal disputes.  For example, he developed the K&S Quarterly Audit – a process designed to provide early identification of problems on construction projects that can lead to delays and cost overruns, recommend implementation steps to fix those issues, and avoid disputes. He also regularly counsels clients on issues during the progression of construction projects, again with the aim of avoiding formal disputes.

With respect to business disputes, Mike’s experience also includes resolution of complex business problems for industry leading clients, including in the private equity space.  These matters usually involve complex contract issues for clients in the energy and technology industries, including intellectual property disputes (patent and trademark).  Mike’s representative clients in this space include, Lotus Infrastructure Partners, D.E. Shaw & Co, D. E Shaw Renewable Investments, Capital Dynamics, Oaktree Capital Management, Arevon Asset Management, Axium Infrastructure, Macquarie Asset Management, Macquarie Capital, Ridgewood Infrastructure, and Instar Asset Management.  Mike also has significant experience with very public, high-profile mass tort litigation involving contaminated ground water allegations.

Prior to the start of his legal career, Mike worked for five years as a Certified Public Accountant with Coopers & Lybrand.  Prior to joining King & Spalding in 2008, Mike was a partner at Weil, Gotshal & Manges LLP and Dewey Ballantine LLP.