Phillips 66 Ordered to Pay Nearly $800M to Propel Fuels for Trade Secret Theft

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By Sophia Patel

A California state court has mandated that Phillips 66, a prominent U.S. refiner, pay biofuel producer Propel Fuels nearly $800 million in damages. This significant penalty arises from a judicial determination that Phillips 66 illicitly obtained and leveraged Propel Fuels’ trade secrets—information acquired under the guise of a prospective acquisition—to establish a rival renewable fuel enterprise. The verdict emphasizes the paramount importance of intellectual property safeguarding and ethical practices during corporate due diligence, transmitting a clear message across various sectors, particularly within the dynamic and highly competitive energy industry.

  • A California court ordered Phillips 66 to pay biofuel producer Propel Fuels nearly $800 million.
  • The damages comprise $604.9 million in compensatory awards and $195 million in punitive penalties.
  • The dispute originated from acquisition discussions in 2017, which Phillips 66 abruptly terminated in 2018.
  • Phillips 66 launched its own renewable fuel sales in 2019, prompting Propel Fuels to file a lawsuit in 2022.
  • A jury concluded that Phillips 66 had stolen trade secrets disclosed during the M&A exploratory phase.

Verdict Breakdown

The recent court order issued from Alameda, California, stipulated punitive damages amounting to $195 million, augmenting an earlier compensatory award of $604.9 million. This combined sum, totaling $799.9 million, imposes a substantial financial burden on Phillips 66. The court characterized Phillips 66’s conduct as “reprehensible” from a commercial perspective, highlighting the refiner’s exploitation of its considerable bargaining power throughout the due diligence phase.

Background of the Dispute

The genesis of this legal conflict traces back to discussions initiated in 2017, when Phillips 66 engaged Sacramento-based Propel Fuels—a company specializing in low-emissions gasoline and diesel—with the stated intention of acquiring it to enhance its renewable fuel infrastructure in California. Nevertheless, Phillips 66 abruptly ceased these acquisition negotiations in 2018. Following this, in 2019, Phillips 66 introduced its own renewable fuel product line, prompting Propel Fuels to initiate legal action in 2022. The lawsuit alleged that Phillips 66 had misappropriated proprietary information, specifically sensitive financial data and strategic business plans, which had been divulged during the exploratory mergers and acquisitions (M&A) phase.

Corporate and Market Implications

In October, a California court jury rendered a verdict in favor of Propel Fuels, affirming that Phillips 66 had indeed misappropriated trade secrets. This judgment, now significantly bolstered by the punitive damages award, underscores the severe ramifications for corporations found to have misused confidential information during strategic evaluations. A Phillips 66 spokesperson confirmed receipt of the order and stated that the company is currently assessing all available legal avenues. This case establishes a significant precedent, reinforcing the critical need for stringent internal controls and robust ethical frameworks throughout corporate negotiations, especially within industries undergoing rapid technological evolution and market transformation, such as renewable energy.

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