Mallory G.
Wynne

Position: Partner
Office: New Orleans

Mallory Wynne is a partner in the Corporate Practice Group and a member of the commercial transactions team, advising clients on a range of issues involving contracts and agreements. She is a member of the Maritime and Construction industry teams and participates in the firm’s offshore wind initiative.

Mallory provides transactional counsel to clients operating across multiple industries, including clients in markets that are closely tied to the US Gulf Coast economy, such as maritime, energy, petrochemical, oil and gas, construction, and government contracting. She represents oilfield services providers, renewable and alternative energy companies, pipeline companies, manufacturing companies, mining companies, fabricators, service companies, refining and chemical companies, offshore wind contractors, and power generation and transmission companies.

Mallory drafts and negotiates a wide variety of day-to-day commercial agreements — including master services agreements and procurement agreements, consulting agreements, product supply agreements, sale and tolling agreements, and purchase order terms and conditions.

Her construction contracting experience includes drafting and negotiating construction agreements, design-build agreements, engineering procurement and construction (EPC) agreements, and engineering agreements on behalf of owners, contractors, and subcontractors. Her experience includes revising and negotiating contracts on the major construction industry contract forms — including the AIA and ConsensusDocs — along with drafting and negotiating custom contracts suited to her clients and their specific projects. These agreements often involve the building, operation, and maintenance of major corporate assets such as vessels, drilling rigs, power and chemical plants and facilities, bridges, pipelines, and other large equipment. In addition, Mallory advises clients on transportation, storage and terminaling services/construction agreements and related facilities project development agreements for hydrocarbons, petrochemicals, and other industrial products.

Noteworthy

Experience

Prior to joining Jones Walker, Mallory was involved in the following representative matters:

Corporate

Counsel to offshore drilling contractors and shipyards, acting as outside counsel and providing day-to-day advice on a range of commercial and legal issues and litigation matters.
Counsel to international equipment suppliers in various contractual matters, including heavy equipment leases and storage, propulsion supply contracts, technology supply contracts, leases, and other contractual matters, including advice in obtaining appropriate legal clearance and visas for employees traveling abroad or establishing local offices in the United States.
Counsel to national independent energy producers in various contractual matters related to the construction and operation of renewable power plants.
Special maritime counsel to a vessel owner in connection with a $42 million credit facility secured by ship mortgages on offshore drilling rigs.

Litigation and Arbitration

Counsel to a shipyard in arbitration and litigation resulting from a contract for construction of two vessels and articulated tug barge units. The customer alleged the valves installed on the tug units were defective and sued the shipyard for breach of warranty and breach of contract and claimed damages in excess of $20 million. Issues included disputes over arbitrability, breach of warranty, breach of contract, and waiver of consequential damages, among others. Litigation was stayed between the shipyard and the customer but continued through settlement in arbitration; litigation continued among the shipyard, the customer, and suppliers.
Counsel to a commercial contractor in a privately administered 10-day AAA arbitration hearing before a single arbitrator against the owner for $36 million in breach of contract claims for delay and disruption damages, acceleration and overtime, and the return of an improperly drawn-upon letter of credit arising out of the design and construction of two articulated tug barge units. The claims arose from the owner’s incomplete and late functional design. The owner brought counterclaims for liquidated damages and direct damages for nonconforming work.
Counsel to an offshore drilling contractor in an investigation and litigation resulting from a well-control incident on a rig in the Gulf of Mexico, including immediate mobilization on the day of the incident and liaising with the company and governmental authorities. This representation included managing personnel displaced by the incident, organizing and presenting insurance claims to underwriters, investigating the incident, preparing the company and personnel for investigation and/or litigation, defending the company in resulting litigation, and preparing and filing limitation of liability action on behalf of the company. The representation lasted eight years, including appellate practice in the US Court of Appeals for the Fifth Circuit, and ultimately concluded on motion practice upon remand to the district court.
Counsel to maritime lien claimants in vessel seizure actions, sale of seized vessels, and enforcement of lien claims.

Insurance

Counsel to a shipyard in an insurance claim for property damage, business interruption, and coverage against its excess property insurer resulting from the sinking of a historically large dry dock, including preparation and filing of appeal briefs before the US District Court for the Southern District of New York and the US Court of Appeals for the Second Circuit.
Counsel to insureds, insurers, and insurance brokers in various insurance matters, including builder’s risk, business interruption, hurricane and catastrophic loss, property, comprehensive general liability, hull and machinery, and P&I claims and litigation. Representation has included coverage analysis, prosecution, and defense of insurance claims, as well as defense of third-party claims on behalf of both insurers and insureds and pursuit of subrogation and uninsured loss claims.