Scott Messmore, Bailey Glasser Photo
Of Counsel

Scott L. Messmore

Overview

Scott Messmore has decades of experience negotiating and handling commercial and real estate transactions and preparing their related instruments. He has worked on multi-party, multi-use, and multi-jurisdiction matters. Whether the need is structuring a purchase and sale agreement for a natural resource transaction, conducting due diligence on a multimillion-dollar acquisition or preparing the instruments for and handling a real estate transaction, Scott has the knowledge, experience, and judgment to bring about a successful result.

Scott brings a wealth of knowledge handling contracts, health and safety, financing, asset and real property acquisitions and divestitures, entity formations, real property restructurings, labor and employment, coal, mineral, and energy law, and government compliance matters.

Scott spent more than 15 years with Westmoreland Coal Company, then a Fortune 500 corporation, as senior in-house counsel and General Counsel and Secretary of its numerous subsidiaries. He managed the Operations Legal Department for over 11 years and was General Counsel for its sales company for four years. He has presented papers at numerous energy and mineral law seminars and conferences, successfully argued appeals before the West Virginia and Virginia Supreme Courts and the Fourth Circuit Court of Appeals, and edited numerous law books, legal treatises, and legal publications.

Scott is proud to be an Eagle Scout and strives to live his life and conduct his practice according to the Scout Motto, Oath and Law.

Government Service / Previous Employment

  • United States Army Reserves (1967 - 1968)

Education

J.D., University of Virginia School of Law, 1972

B.S., West Virginia University, 1969, High Honors

Admissions

  • West Virginia
  • Virginia
  • US Court of Appeals for the Fourth Circuit
  • US District Court, Southern District of West Virginia
  • US District Court, Western District of Virginia

Experience

Representative Matters

  • Counsel to the issuer in Foresight Energy LLC’s $200 million bolt-on financing
  • Counsel in Foresight Energy LLC’s $690 million refinancing
  • Lead counsel for Colt LLC’s sale of $255 million in coal reserves
  • Lead counsel for Macoupin Energy LLC’s sale/leaseback of $143.7 million in coal reserves
  • Lead counsel for Adena Minerals, LLC’s sale of coal and transportation assets in return for a significant percentage of Natural Resource Partners, LP (NYSE: NRP) and a 22% interest in NRP’s general partner
  • Counsel to numerous subsidiaries of Foresight Reserves, LP and Lower Wilgat LLC in the acquisition and divestiture (by purchase, sale, lease and easement) of coal reserves, surface, subsidence, facilities, and improvements and the preparation of the legal instruments required therefor
  • Co-counsel in a lawsuit with significant potential liability to several coal owners and their coal mine operator involving their right to subside overlying seams (successful judgment from trial court and currently defending that judgment on appeal)
  • Organized, led and prepared all instruments for the restructuring and reorganization of three billion tons of coal reserves and tens of thousands of surface acres for numerous coal and surface owners
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