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Conference art

40th Annual Ernest E. Smith

Oil, Gas and Mineral Law Institute

Houston Mar 28, 2014 Royal Sonesta Hotel Houston
Conference Concluded
Video Replay: Dallas May 9, 2014 Cityplace Conference Center
Conference Concluded
Buy
Related products: Materials
Houston Registration is Closed.

Register for the LIVE WEBCAST

Registrations received after 5:00 p.m. on Wednesday, March 18, 2014 are not guaranteed.
Registrations postmarked/faxed/emailed after March 18, 2014 will not be accepted.
There is no waiting list and walk-in registrations on-site will not be accepted.
Updated Wednesday, March 18, 2014 5:00 p.m.


PRESENTED BY
The University of Texas School of Law
The Oil, Gas and Energy Resources Law Section of the State Bar of Texas (OGERL)


SPONSORS
Cotton Bledsoe Tighe & Dawson, PC
Freeman Mills PC
Jones Gill LLP
McGinnis Lochridge
Scott, Douglass & McConnico, L.L.P.
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Overview

Celebrating 40 years, the Ernest E. Smith Oil, Gas and Mineral Law Institute continues to be the definitive course for attorneys, corporate lawyers, E&P operators and landmen. The Institute brings together a distinguished faculty of academics and practitioners for presentations on the latest oil and gas developments.

2014 program highlights include:

  • Professor Ernest E. Smith’s annual Case Law Update
  • Panel discussion of the Klotzman decision
  • Exploring the New AAPL-610 Horizontal Model JOA Form
  • Additional Insured Provisions in Oil and Gas Contracts: Lessons Learned from Deepwater Horizon
  • Ethics: Multi-Jurisdictional Practices and the Unauthorized Practice of Law
Come a day early for Thursday's Fundamentals of Oil, Gas and Mineral Law—ideal for beginners or experienced practitioners seeking a refresher.

  • Buy

Event Schedule

Program is subject to change.
All times are Central Time Zone.

  • Time
    Credit
    Subject
    Speaker
  • Friday Morning, Mar. 28, 2014
    Presiding Officer:
    Michael D. Jones, Jones Gill LLP - Houston, TX
  • 7:30 am
    Houston Only
    Registration Opens
    Includes continental breakfast.

  • 8:20 am
    Welcoming Remarks

  • 8:30 am
    Houston Only
    0.50 hr
    New Water Funding/Planning Legislation
    Coverage of state funding for water resource development, the reorganized Texas Water Development Board, and other water legislation—what to expect in 2015.

    Russell S. Johnson, McGinnis Lochridge - Austin, TX

  • 9:00 am
    Houston Only
    1.25 hrs
    Case Law Update
    A review of recent decisions dealing with oil and gas leases, royalties, mineral conveyances, joint operating agreements, state regulation and related topics.

    Ernest E. Smith, The University of Texas School of Law - Austin, TX

  • 10:15 am
    Houston Only
    Break

  • 10:30 am
    Houston Only
    0.50 hr
    Accommodation Doctrine
    The balance of power in accommodation doctrine disputes after Merriman v. XTO.

    Lisa K. Vaughn Lumley, Shannon, Gracey, Ratliff & Miller LLP - Fort Worth, TX

  • 11:00 am
    Houston Only
    1.00 hr
    Production Sharing Agreements and Allocation Wells
    This panel addresses the origin and evolution of production sharing agreements and allocation wells, conflicting interests of mineral owners and operators, as well as relevant case law and proceedings before the Railroad Commission of Texas.

    Moderator:
    J. Robert Goldsmith Jr., Goldsmith & Bogisch - Austin, TX
    Panelists:
    Bryan D. Lauer, Scott, Douglass & McConnico, L.L.P. - Austin, TX
    John B. McFarland, Graves Dougherty Hearon & Moody - Austin, TX

  • 12:00 pm
    Houston Only
    Pick Up Lunch
    Included in registration.

  • Friday Afternoon, Mar. 28, 2014
    Presiding Officer:
    Michael D. Jones, Jones Gill LLP - Houston, TX
  • Luncheon Presentation
  • 12:20 pm
    Houston Only
    0.50 hr
    Exploring the New AAPL-610 Horizontal Model Form JOA
    This presentation looks at the initial product of AAPL's JOA revision task force, highlighting changes and additions to the 1982 and 1989 forms appropriate for well development.

    Thomas A. Daily, Daily & Woods, P.L.L.C. - Fort Smith, AR

  • 12:50 pm
    Houston Only
    Break

  • 1:00 pm
    Houston Only
    0.50 hr
    Mineral Co-Tenants
    This presentation explores the rights, duties and obligations among mineral co-tenants, including accounting for development costs and limitations on self-development of the jointly owned minerals.

    Chris Aycock, Cotton Bledsoe Tighe & Dawson, PC - Midland, TX

  • 1:30 pm
    Houston Only
    0.75 hr
    Seven Changes in Oil and Gas Technology
    Seven technological advances in the oil and gas industry that have provoked advancement in oil and gas law and changed the way we practice law, and how Texas law has responded to these advances.

    Sean T. Beiter, McGinnis Lochridge - Austin, TX

  • 2:15 pm
    Houston Only
    1.00 hr ethics
    Multi-Jurisdictional Practices and the Unauthorized Practice of Law
    A focus on the Disciplinary Rules' prohibition of practicing in areas in which an attorney is not qualified, and civil and criminal statutes proscribing the practice of law in various states with active oil and gas practices without being licensed in that jurisdiction.

    James C. Winton, Baker & Hostetler LLP - Houston, TX

  • 3:15 pm
    Houston Only
    Break

  • 3:30 pm
    Houston Only
    0.50 hr
    Additional Insured Provisions in Oil and Gas Contracts: Lessons Learned from Deepwater Horizon

    Julia M. (Adams) Palmer, Looper Reed & McGraw, P.C. - Houston, TX

  • 4:00 pm
    Houston Only
    0.50 hr
    Adverse Possession in the Texas Oil Patch
    A practical discussion about litigating adverse possession issues such as those that often arise when working with oil and gas leases, old chains of title, and old deeds and plats.

    Jaime Santiago Rangel, The Rangel Law Firm, P.C. - Corpus Christi, TX

  • 4:30 pm
    Houston Only
    0.50 hr
    To Ratify or Not to Ratify
    Factors a mineral owner should consider in deciding whether to ratify an oil and gas lease and the effects of ratification.

    Jordan K. Mullins, McGinnis Lochridge - Austin, TX

  • 5:00 pm
    Houston Only
    0.50 hr
    Mineral, Royalty or Something In-Between?
    A proper analysis of deeds conveying or reserving an interest—particularly a fractional interest—in minerals in order to determine the interest’s character and quantum, with an emphasis on recent developments.

    William B. Burford, Hinkle, Hensley, Shanor & Martin, L.L.P. - Midland, TX

  • 5:30 pm
    Adjourn

Download Schedule

Conference Faculty

Chris Aycock

Cotton Bledsoe Tighe & Dawson, PC
Midland, TX

Sean T. Beiter

McGinnis Lochridge
Austin, TX

William B. Burford

Hinkle, Hensley, Shanor & Martin, L.L.P.
Midland, TX

Thomas A. Daily

Daily & Woods, P.L.L.C.
Fort Smith, AR

J. Robert Goldsmith Jr.

Goldsmith & Bogisch
Austin, TX

Russell S. Johnson

McGinnis Lochridge
Austin, TX

Bryan D. Lauer

Scott, Douglass & McConnico, L.L.P.
Austin, TX

Lisa K. Vaughn Lumley

Shannon, Gracey, Ratliff & Miller LLP
Fort Worth, TX

John B. McFarland

Graves Dougherty Hearon & Moody
Austin, TX

Jordan K. Mullins

McGinnis Lochridge
Austin, TX

Julia M. (Adams) Palmer

Looper Reed & McGraw, P.C.
Houston, TX

Jaime Santiago Rangel

The Rangel Law Firm, P.C.
Corpus Christi, TX

Ernest E. Smith

The University of Texas School of Law
Austin, TX

James C. Winton

Baker & Hostetler LLP
Houston, TX

Planning Committee

Michael D. Jones—Director

Jones Gill LLP
Houston, TX

Chris Aycock

Cotton Bledsoe Tighe & Dawson, PC
Midland, TX

Jonathan D. Baughman

McGinnis Lochridge
Houston, TX

William B. Burford

Hinkle, Hensley, Shanor & Martin, L.L.P.
Midland, TX

Frank N. Cusimano III

Chevron North America Exploration and Production Company
Houston, TX

Monika Ehrman

CERES Resource Partners, L.P.
Dallas, TX

W. John English Jr.

Baker & Hostetler LLP
Houston, TX

Ronald O. Holman

Holman Robertson Eldridge
Dallas, TX

Peter E. Hosey

Jackson Walker L.L.P.
San Antonio, TX

Norma Rosner Iacovo

Tenaska Power Services Co.
Arlington, TX

Sarah Dotson Mathews

Husch Blackwell LLP
Kansas City, MO

M.C. Cottingham Miles

Martin & Drought, P.C.
San Antonio, TX

Ricardo E. Morales

Person, Whitworth, Borchers & Morales, L.L.P.
Laredo, TX

David Michael Patton

Locke Lord LLP
Houston, TX

J. Derrick Price

McGinnis Lochridge
Austin, TX

George A. Snell III

Steptoe & Johnson PLLC
The Woodlands, TX

Credit Info

  • Houston
  • Dallas
MCLE Credit
Toggle view Texas – 8.00 hrs  |  1.00 hrs Ethics
Legal Specialization(s): Administrative Law, Oil, Gas and Mineral Law
You may claim your credit online in Your Briefcase, and UT Law CLE will report credit on your behalf to the State Bar of Texas. A Certificate of Attendance will be provided in Your Briefcase for your records. The system reports Texas CLE credit every Tuesday. If you are claiming credit in the last week of your birth month, self-report your CLE credit directly to the State Bar of Texas at texasbar.com, using the course number  provided on your certificate of attendance.
Toggle view California – 8.00 hrs  |  1.00 hrs Ethics
You must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records. UT Law CLE is required to provide the State Bar with electronic attendance records for any MCLE participatory activity within 60 days of completion of the activity. The California licensee is responsible for reporting their compliance/credit hours earned to the State Bar at the end of their reporting period directly to the State Bar of California at calbar.ca.gov.  UT Law CLE will maintain Attendance Records for four years.  
Toggle view Louisiana – 8.00 hrs  |  1.00 hrs Ethics
At the completion of the conference you must claim and certify your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records. UT Law CLE will report credit on your behalf to the Supreme Court of Louisiana Continuing Legal Education Committee within 30 days after the conference. 
Toggle view Ohio – 15.25 hrs  |  1.00 hrs Ethics
You must claim and certify your credit online in Your Briefcase, you will then be provided a Certificate of Attendance for your records. UT Law CLE will report credit on your behalf to The Supreme Court of Ohio within 30 days after the conference. 
Toggle view Oklahoma – 9.50 hrs  |  1.00 hrs Ethics
You must claim and certify your credit online in Your Briefcase, then you will then be provided a Certificate of Attendance for your records. UT Law CLE will report credit on your behalf to the Oklahoma Bar Association within 30 days after the conference.
Other Credit
Toggle view Certified Professional Landman (AAPL) – 8.00 hrs
Following the conference, UT CLE will send, to attendees who have claimed AAPL credit in their briefcase, by email the AAPL Affidavit of Attendance with the AAPL course number and reporting information included.
http://www.landman.org
Toggle view Registered Professional Landman (AAPL) – 8.00 hrs
Following the conference, UT CLE will send, to attendees who have claimed AAPL credit in their briefcase, by email the AAPL Affidavit of Attendance with the AAPL course number and reporting information included.
http://www.landman.org
Toggle view TX Accounting CPE – 9.50 hrs
The University of Texas School of Law (Provider #250) live conferences are presumptively approved by The Texas State Board of Public Accountancy for Texas Accounting CPE credit based on a 50-minute credit hour. Approved for general CPE credit only.

At the conference, you are welcome to sign in on the Accounting CPE Record of Attendance form at the registration desk, but we are now reporting all credit online. You will receive a Texas Accounting Certificate of Completion in Your Briefcase. Self-report your CPE credit directly to TSBPA. UT Law CLE will maintain Attendance Records for four years.  

Contact us at accreditation@utcle.org if you have additional questions.
Toggle view TX Professional Engineer – 0.00 hr
This course may qualify for self-reporting credits with PELS (TX Board of Professional Engineers and Land Surveyors) - please use the link below to find information on how to track your credit with PELS. When you select this credit type, you will receive a downloadable Certificate of Attendance with date and course information for your records.

https://pels.texas.gov/pecep.htm
Toggle view TX Real Estate Commission (TREC) – 0.00 hr
To request continuing education elective credit for real estate related courses approved by the State Bar of Texas for minimum continuing legal education participatory credit, a license holder is required to file an Individual Credit Request for State Bar Course.

https://www.trec.texas.gov/sites/default/files/pdf-forms/CE_CLE-1%2004.10.23.pdf
Use this link to obtain the TREC MCE form for self-reporting your TREC credit. To obtain your Certificate of Attendance you will need to claim credit in your UTCLE account and once claimed you will be able to download a Certificate of Attendance to include with your credit request form.
MCLE Credit
Toggle view Texas – 8.00 hrs  |  1.00 hrs Ethics
Legal Specialization(s): Administrative Law, Oil, Gas and Mineral Law
You may claim your credit online in Your Briefcase, and UT Law CLE will report credit on your behalf to the State Bar of Texas. A Certificate of Attendance will be provided in Your Briefcase for your records. The system reports Texas CLE credit every Tuesday. If you are claiming credit in the last week of your birth month, self-report your CLE credit directly to the State Bar of Texas at texasbar.com, using the course number  provided on your certificate of attendance.
Toggle view California – 8.00 hrs  |  1.00 hrs Ethics
You must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records. UT Law CLE is required to provide the State Bar with electronic attendance records for any MCLE participatory activity within 60 days of completion of the activity. The California licensee is responsible for reporting their compliance/credit hours earned to the State Bar at the end of their reporting period directly to the State Bar of California at calbar.ca.gov.  UT Law CLE will maintain Attendance Records for four years.  
Toggle view Louisiana – 8.00 hrs  |  1.00 hrs Ethics
At the completion of the conference you must claim and certify your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records. UT Law CLE will report credit on your behalf to the Supreme Court of Louisiana Continuing Legal Education Committee within 30 days after the conference. 
Toggle view Ohio – 15.25 hrs  |  1.00 hrs Ethics
You must claim and certify your credit online in Your Briefcase, you will then be provided a Certificate of Attendance for your records. UT Law CLE will report credit on your behalf to The Supreme Court of Ohio within 30 days after the conference. 
Toggle view Oklahoma – 9.50 hrs  |  1.00 hrs Ethics
You must claim and certify your credit online in Your Briefcase, then you will then be provided a Certificate of Attendance for your records. UT Law CLE will report credit on your behalf to the Oklahoma Bar Association within 30 days after the conference.
Other Credit
Toggle view Certified Professional Landman (AAPL) – 8.00 hrs
Following the conference, UT CLE will send, to attendees who have claimed AAPL credit in their briefcase, by email the AAPL Affidavit of Attendance with the AAPL course number and reporting information included.
http://www.landman.org
Toggle view Registered Professional Landman (AAPL) – 8.00 hrs
Following the conference, UT CLE will send, to attendees who have claimed AAPL credit in their briefcase, by email the AAPL Affidavit of Attendance with the AAPL course number and reporting information included.
http://www.landman.org
Toggle view TX Accounting CPE – 9.50 hrs
The University of Texas School of Law (Provider #250) live conferences are presumptively approved by The Texas State Board of Public Accountancy for Texas Accounting CPE credit based on a 50-minute credit hour. Approved for general CPE credit only.

At the conference, you are welcome to sign in on the Accounting CPE Record of Attendance form at the registration desk, but we are now reporting all credit online. You will receive a Texas Accounting Certificate of Completion in Your Briefcase. Self-report your CPE credit directly to TSBPA. UT Law CLE will maintain Attendance Records for four years.  

Contact us at accreditation@utcle.org if you have additional questions.
Toggle view TX Professional Engineer – 0.00 hr
This course may qualify for self-reporting credits with PELS (TX Board of Professional Engineers and Land Surveyors) - please use the link below to find information on how to track your credit with PELS. When you select this credit type, you will receive a downloadable Certificate of Attendance with date and course information for your records.

https://pels.texas.gov/pecep.htm
Toggle view TX Real Estate Commission (TREC) – 0.00 hr
To request continuing education elective credit for real estate related courses approved by the State Bar of Texas for minimum continuing legal education participatory credit, a license holder is required to file an Individual Credit Request for State Bar Course.

https://www.trec.texas.gov/sites/default/files/pdf-forms/CE_CLE-1%2004.10.23.pdf
Use this link to obtain the TREC MCE form for self-reporting your TREC credit. To obtain your Certificate of Attendance you will need to claim credit in your UTCLE account and once claimed you will be able to download a Certificate of Attendance to include with your credit request form.

Key Dates

Houston – Mar 28, 2014 – Royal Sonesta Hotel Houston
Conference Concluded
Video Replay: Dallas – May 9, 2014 – Cityplace Conference Center
Conference Concluded
Buy
  • Houston
  • Dallas
Individual
Last day for $350.00 Regular pricing: Mar 19, 2014

$400.00 for registrations received after this time

Group 10% (5-9) (5 registrants minimum)
Last day for $315.00 Regular pricing: Mar 19, 2014

$365.00 for registrations received after this time

Group 20% (10+) (10 registrants minimum)
Last day for $280.00 Regular pricing: Mar 19, 2014

$330.00 for registrations received after this time

Last day for cancellation (full refund): Mar 21, 2014

$50 processing fee applied after this date

Last day for cancellation: Mar 24, 2014
Individual
Last day for $300.00 Regular pricing: Apr 30, 2014

$350.00 for registrations received after this time

Group 10% (5-9) (5 registrants minimum)
Last day for $270.00 Regular pricing: Apr 30, 2014

$320.00 for registrations received after this time

Group 20% (10+) (10 registrants minimum)
Last day for $240.00 Regular pricing: Apr 30, 2014

$290.00 for registrations received after this time

Last day for cancellation (full refund): May 2, 2014

$50 processing fee applied after this date

Last day for cancellation: May 5, 2014

Venue

speaker

Royal Sonesta Hotel Houston

2222 West Loop South
Houston, TX 77027-3502
713.627.7600
Map

Accommodations

$195 room rate good through March 12, 2014 (subject to availability). 

Click here for online reservations.
Please refer to the UT Law School Oil, Gas & Mineral Law program when making reservations by phone.

Parking Information

$10/day self-parking;  $16/day overnight self-parking
$16/day valet parking; $27/day overnight valet parking

speaker

Cityplace Conference Center

2711 North Haskell Avenue
Dallas, TX
214.515.5100
Map

Parking Information

Complimentary Self-Parking

Our Sponsors

Thank you to our sponsors! Click each logo below to learn more.

  • Cotton Bledsoe Tighe & Dawson, PC logo
    Cotton Bledsoe Tighe & Dawson, PC

    Cotton Bledsoe Tighe & Dawson, P.C., is a well-known law firm in Midland, Texas, one of the leading energy centers of the Southwest. Cotton Bledsoe is highly regarded both by the oil and gas industry and among other law firms in Texas and surrounding States.

    Known particularly for our expertise in oil and gas transactions and oil and gas litigation, we also provide exceptional legal representation in commercial litigation and business law; insurance defense litigation; personal injury defense for self-insured companies and individuals; defense of labor and employment law claims; health care law and litigation support for hospitals and health care professionals; and probate and estate planning.

    Cotton Bledsoe Tighe & Dawson, P.C., is AV®-rated* under Martindale-Hubbell’s peer review rating system. Furthermore, many of our attorneys are certified in their area of practice by the Texas Board of Legal Specialization. In addition, over the years, many of our lawyers have been named by Texas Super Lawyers magazine as among the top five percent of attorneys in Texas.

    We pride ourselves on being committed to delivering responsive, cost-effective and sophisticated legal representation to our clients throughout the state of Texas, New Mexico and nationwide.

    www.cottonbledsoe.com
  • Freeman Mills PC logo
    Freeman Mills PC

    Our law firm is dedicated to representing the energy industry in a wide variety of litigation, title, and transaction matters. Our clients include exploration and production companies, midstream companies, and oil and gas service companies. In addition to our Texas practice our attorneys are licensed in Arkansas, Colorado, Louisiana, New Mexico, North Dakota, Oklahoma, Ohio and Pennsylvania. Freeman Mills has offices in Dallas, Tyler, Midland, and Longview.

    www.freemanmillspc.com
  • Jones Gill LLP logo
    Jones Gill LLP

    Our attorneys have extensive experience in Texas and Louisiana oil, gas and energy-related transactions and litigation, including acquisitions and dispositions of producing properties, energy loans, title examination, trials and appeals in both State and Federal Courts in Texas and Louisiana. Our attorneys have been employed by the largest oil and gas companies and by major independents as part of their past experience. Our firm has acted as counsel for small to large independents in title examination, due diligence and acquisitions. We have represented both buyers and sellers in multi-million-dollar acquisitions and divestitures. We have extensive experience in representing both lessors and lessees in oil and gas leasing. Our firm has been at the forefront of recent seminal issues in oil and gas litigation, such as subsurface trespass by hydraulic fracture stimulation, measure of damages for surface damages and pooling issues. At Jones Gill, we pride ourselves on being the right size to maintain the responsiveness and attention our clients deserve and the sensitivity to costs they require, without sacrificing the experience and results they expect.

    jonesgill.com
  • McGinnis Lochridge logo
    McGinnis Lochridge

    McGinnis Lochridge is a Texas-based firm providing quality legal services for more than 85 years. We represent clients throughout the petroleum industry within Texas and across the country. We represent major oil and gas companies, independents and landowners in disputes and lawsuits, ranging from individual tract claims to nationwide class actions. Building on firm history dating back nearly a century, McGinnis Lochridge lawyers have dealt with the developing issues in unconventional shale plays throughout Texas and North America. Our recent work in the Eagle Ford shale trend builds on decades of a strong firm presence in courtrooms throughout South Texas. We also work regularly with Texas governmental agencies including the Railroad Commission of Texas (RRC) and the Texas Commission of Environmental Quality (TCEQ), as well as local municipalities and water districts.

    www.mcginnislaw.com
  • Scott, Douglass & McConnico, L.L.P. logo
    Scott, Douglass & McConnico, L.L.P.

    Scott, Douglass & McConnico, L.L.P. is one of the top oil and gas, natural resources and energy litigation firms in the nation. For years, we have litigated issues involving the ownership, operation, exploration, production, regulation, processing, transportation and taxation of hydrocarbons and other natural resources. We represent royalty owners, producers, transporters, traders, refiners and governments.

    www.scottdoug.com
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