University of Texas School of Law
42nd Annual Ernest E. Smith
Oil, Gas and Mineral Law Institute
Houston Apr 15, 2016 Royal Sonesta Hotel Houston
Conference Concluded
Live Webcast Apr 15, 2016
Conference Concluded
Webcast Replay May 13, 2016
Conference Concluded
Related products: eConferences, Materials

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


SPONSORS
Harris Finley & Bogle, P.C.
Jackson Walker
Locke Lord LLP
McElroy, Sullivan, Miller, Weber & Olmstead, L.L.P.
McGinnis Lochridge
Scott Douglass & McConnico LLP
Thompson & Knight LLP
 

UT Law CLE

2016 Ernest E. Smith Oil, Gas and Mineral Law Institute

Program Features
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. 2016 program highlights include:
  • Professor Ernest E. Smith's annual Case Law Update
  • Review the state of the law on downhole trespass from hydraulic fracturing, trespass by drilling horizontally through unleased acreage, and tort actions from alleged groundwater contamination
  • An update on royalty clause construction in Texas—with David Drez, Wick Phillips, Fort Worth, TX
  • Kathleen Magruder, BP Energy Company, Houston, TX, reviews Regulatory and Legislative Developments Affecting Product Disposition
  • Update from the Texas Railroad Commission, including statewide rules for UFT Fields, upgrades in special field rules for unconventional development and concerns about induced seismicity and earthquakes
  • Discuss the New 2015 JOA, with Jeff Weems, Porter Hedges LLP, Houston TX
  • Lisa Vaughn Lumley, Shannon, Gracey, Ratliff & Miller, LLP, Fort Worth, TX, moderates Recent Developments Involving the Conflicting Rights of Mineral Owners and Surface Owners, with William Bredthauer, Harris Finley & Bogle, P.C., Fort Worth, TX, and Dick Watt, Watt Thompson & Henneman LLP, Houston, TX
Come a day early for Thursday's Fundamentals of Oil, Gas and Mineral Law—ideal for beginners or experienced practitioners seeking a refresher.

The Institute is jointly presented by The University of Texas School of Law and The Oil, Gas and Energy Resources Law Section of the State Bar of Texas.
 

UT Law CLE

2016 Ernest E. Smith Oil, Gas and Mineral Law Institute

12/16/19
Schedule

Friday Morning

Presiding Officer:
Michael E. McElroy, McElroy, Sullivan, Miller, Weber & Olmstead, L.L.P. - Austin, TX

7:15 am

Houston Only

Registration Opens

Includes continental breakfast.

8:05 am
Welcoming Remarks

8:15 am

1.00 hr ethics

Ethics in Negotiation: The True Cost of Representation

When a client discloses a terrible truth or reveals an unspeakable purpose, what obligations do the Texas Rules of Disciplinary Conduct place on an attorney? What happens when it’s time for an attorney to move on? Explore the unexpected answers given by the Rules using both recent and historical real world cases. 

Michael J. Golden, Boulette Golden & Marin L.L.P. - Austin, TX

9:15 am

1.25 hrs

Case Law Update

Review 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

10:30 am
Break

10:45 am

0.50 hr

Royalty Clause Construction in Texas: Is Hyder Part of the Heritage or More Surplusage?

An update on Texas cases discussing post-production costs and lease interpretation.   

David Drez III, Wick Phillips - Fort Worth, TX
Materials By:
Jacob Fain, Wick Phillips - Fort Worth, TX

11:15 am

0.75 hr

The New 2015 JOA: The Model Form Meets the 21st Century

Discuss both the accepted and rejected changes made in the AAPL 610 Model Form—2015 Joint Operating Agreement.

Jeff Weems, Staff Weems LLP - Houston, TX

12:00 pm

Houston Only

Pick Up Lunch

Friday Afternoon

Presiding Officer:
Michael E. McElroy, McElroy, Sullivan, Miller, Weber & Olmstead, L.L.P. - Austin, TX

Luncheon Presentation

12:20 pm

0.50 hr

Regulatory and Legislative Developments Affecting Product Disposition

It is not enough to permit, site, and drill a producing well. Quickly review regulation and legislation that affect production after it leaves the wellhead, including topics such as LNG, crude and condensate exports, Jones Act limitations, what the Clean Power Plan means for fossil fuels, rail regulations, and pipeline development.

Kathleen E. Magruder, BP Energy Company - Houston, TX

 
12:50 pm
Break

1:05 pm

0.50 hr

Texas Oil & Gas Pattern Jury Charges

A summary review of the new State Bar of Texas Oil & Gas Pattern Jury Charges volume.

Ricardo E. Morales, Person, Whitworth, Borchers & Morales, L.L.P. - Laredo, TX

1:35 pm

0.50 hr

Railroad Commission Update

Examine recent activities at the Railroad Commission including: Statewide Rules for UFT Fields, upgrades in special field rules for unconventional development, concerns about induced seismicity and earthquakes, restrictions on disposal well permitting, and shipper challenges to common carrier tariff increases. 

W. Timothy George, McGinnis Lochridge - Austin, TX

2:05 pm

0.75 hr

Better, Faster, Economical … Arbitration?  

Contrary to popular belief, those three adjectives can describe arbitration. Discuss creating effective and efficient arbitration strategies for oil and gas disputes, including suggestions for improving arbitration provisions in some standard industry form contracts.

Derrick Carson, Locke Lord LLP - Houston, TX
David E. Harrell Jr., Locke Lord LLP - Houston, TX

2:50 pm
Break

3:00 pm

0.75 hr

Production Sharing Agreements and Allocation Wells Update

Update on current status of allocation wells, including legislation and litigation addressing allocation wells; considerations in negotiating production sharing agreements; methods of allocation of production among multiple tracts; effect of production sharing and allocation wells on retained acreage and Pugh clauses; allocation wells and division orders.

Moderator:
J. Robert Goldsmith Jr., Goldsmith & Bogisch - Austin, TX
Panelists:
Gregory S. Mathews, Chevron USA INC. - Houston, TX
John B. McFarland, Graves, Dougherty, Hearon & Moody - Austin, TX

3:45 pm

0.50 hr

Distress and Bankruptcy in the Oil & Gas Market

Discuss the risks and opportunities that result from the decline in commodity prices, including counterparty risk and the acquisition of distressed oil & gas assets both inside and outside of bankruptcy.

 

David M. Bennett, Thompson & Knight LLP - Dallas, TX

4:15 pm

0.75 hr

Recent Developments Involving the Conflicting Rights of Mineral Owners and Surface Owners

Evaluate the Lightning v. Anadarko case and other recent issues and developments dealing with conflicts between mineral owners and surface owners regarding the use of the surface and subsurface.

Moderator:
Lisa Vaughn Lumley, Shannon, Gracey, Ratliff & Miller, LLP - Fort Worth, TX
Panelists:
William G. Bredthauer, Harris, Finley & Bogle, P.C. - Fort Worth, TX
Dick Watt, Watt Thompson & Henneman LLP - Houston, TX

5:00 pm
Adjourn

UT Law CLE

2016 Ernest E. Smith Oil, Gas and Mineral Law Institute

Faculty

Conference Faculty

David M. Bennett
Thompson & Knight LLP
Dallas, TX
William G. Bredthauer
Harris, Finley & Bogle, P.C.
Fort Worth, TX
Derrick Carson
Locke Lord LLP
Houston, TX
David Drez III
Wick Phillips
Fort Worth, TX
Jacob Fain
Wick Phillips
Fort Worth, TX
W. Timothy George
McGinnis Lochridge
Austin, TX
Michael J. Golden
Boulette Golden & Marin L.L.P.
Austin, TX
J. Robert Goldsmith Jr.
Goldsmith & Bogisch
Austin, TX
David E. Harrell Jr.
Locke Lord LLP
Houston, TX
Lisa Vaughn Lumley
Shannon, Gracey, Ratliff & Miller, LLP
Fort Worth, TX
Kathleen E. Magruder
BP Energy Company
Houston, TX
Gregory S. Mathews
Chevron USA INC.
Houston, TX
John B. McFarland
Graves, Dougherty, Hearon & Moody
Austin, TX
Ricardo E. Morales
Person, Whitworth, Borchers & Morales, L.L.P.
Laredo, TX
Ernest E. Smith
The University of Texas School of Law
Austin, TX
Dick Watt
Watt Thompson & Henneman LLP
Houston, TX
Jeff Weems
Staff Weems LLP
Houston, TX

Planning Committee

Michael E. McElroy—Director
McElroy, Sullivan, Miller, Weber & Olmstead, L.L.P.
Austin, TX
Shonnie L. Daniel—Co-Director
Calpine Corporation
Houston, TX
Jonathan D. Baughman
McGinnis Lochridge
Houston, TX
Kevin M. Beiter
McGinnis Lochridge
Austin, TX
William B. Burford
Kelly Hart
Midland, TX
Gregory C. Cox
Locke Lord LLP
Houston, TX
Frank N. Cusimano III
Chevron North America Exploration and Production Company
Houston, TX
Monika Ehrman
The University of Oklahoma College of Law
Norman, OK
W. John English Jr.
Baker & Hostetler LLP
Houston, TX
Peter E. Hosey
Jackson Walker L.L.P.
San Antonio, TX
Norma Rosner Iacovo
Tenaska Power Services Co.
Arlington, TX
Michael D. Jones
Jones Gill LLP
Houston, TX
Lisa Vaughn Lumley
Shannon, Gracey, Ratliff & Miller, LLP
Fort Worth, TX
Kathleen E. Magruder
BP Energy Company
Houston, TX
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
Michael P. Pearson
Jackson Walker L.L.P.
Houston, TX
William W. Pugh III
Liskow & Lewis, APLC
Houston, TX
Ernest E. Smith
The University of Texas School of Law
Austin, TX
Gregory J. Smith
The University of Texas School of Law
Austin, TX
George A. Snell III
Snell Law Firm
Amarillo, TX

UT Law CLE

2016 Ernest E. Smith Oil, Gas and Mineral Law Institute

Credit Information

MCLE Credit

Texas
7.75 hrs  |  1.00 hrs Ethics
Legal Specialization(s): Administrative Law, Oil, Gas and Mineral Law, Real Estate Law
Additional Information
A Texas MCLE Reporting Form will be included in your course materials. Please complete and return to the registration desk and UT Law CLE will report credit on your behalf to the State Bar of Texas, or you can self-report your credit directly to the State Bar of Texas at texasbar.com. A Certificate of Attendance will be provided at the conference to keep for your records.  
California
7.75 hrs  |  1.00 hrs Ethics
Additional Information
At the conference, you will need to sign in on the Record of Attendance form at the registration desk. Self-report your CLE credit directly to the State Bar of California at calbar.ca.gov. You will receive a Certificate of Attendance at the conference to keep for your records. UT Law CLE will maintain Attendance Records for four years.  
Louisiana
7.75 hrs  |  1.00 hrs Ethics
Additional Information
At the conference, you will need to sign in on the Record of Attendance form at the registration desk. 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. You will receive a Certificate of Attendance at the conference to keep for your records.
Ohio
6.75 hrs  |  1.00 hrs Ethics
Additional Information
At the conference, you will need to sign in on the Record of Attendance form at the registration desk. UT Law CLE will report credit on your behalf to The Supreme Court of Ohio within 30 days after the conference. You will receive a Certificate of Attendance at the conference to keep for your records.
Oklahoma
9.50 hrs  |  1.00 hrs Ethics
Additional Information
At the conference, you will need to sign in on the Record of Attendance form at the registration desk. You will receive a Certificate of Attendance at the conference to keep for your records. UT Law CLE will report credit on your behalf to the Oklahoma Bar Association within 30 days after the conference.
Other States
Note on Self-Reporting Your Credits in Another State
If you wish to satisfy MCLE or other professional education requirements in another state for a program offered by the University of Texas School of Law, please check with the state bar or other licensing authority in that state before taking the program to ensure it will qualify for self-reporting your credits.

Other Credit

Certified Professional Landman (AAPL)
6.75 hrs  |  1.00 hrs Ethics
Registered Landman (AAPL)
6.75 hrs  |  1.00 hrs Ethics
Registered Professional Landman (AAPL)
6.75 hrs  |  1.00 hrs Ethics
TX Accounting CPE
9.00 hrs
Additional Information
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 will need to sign in on the Accounting CPE Record of Attendance form at the registration desk. You will receive a Texas Accounting Certificate of Completion at the conference for your records. Self-report your CPE credit directly to TSBPA. UT Law CLE will maintain Attendance Records for four years.  

MCLE Credit

Texas
7.75 hrs  |  1.00 hrs Ethics
Legal Specialization(s): Administrative Law, Oil, Gas and Mineral Law, Real Estate Law
Additional Information
UT Law CLE will report credit to the State Bar of Texas on your behalf. If you are claiming credit in the last week of your birth month, self-report your credit directly to the State Bar of Texas at texasbar.com. A Certificate of Completion will be emailed to you upon claiming credit.
California
7.75 hrs  |  1.00 hrs Ethics
Additional Information
Self-report your CLE credit directly to the State Bar of California at calbar.ca.gov. Print and keep the Certificate of Completion for your records. A Certificate of Completion will be emailed to you upon claiming credit.
Louisiana
7.75 hrs  |  1.00 hrs Ethics
Additional Information
To claim Louisiana MCLE credit, Louisiana credit option must be selected PRIOR to viewing the live webcast. Upon claiming credit, a Certificate of Completion will be emailed to you. 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.
New Mexico – Expected
6.75 hrs  |  1.00 hrs Ethics
Additional Information
As a Sponsor, The University of Texas School of Law conferences, live webcasts and webcast replays (on-demand) can be approved for MCLE credit by the New Mexico MCLE Board. The attorney can request individual credit for a course if he or she certifies that the course was beneficial to his or her practice of law by completing the MCLE_02 Form for conferences and live webcasts or MCLE_04 Form for webcast replays (on-demand). The attorney must request the credit within 30 days of attending the course.
Oklahoma
9.50 hrs  |  1.00 hrs Ethics
Additional Information
The University of Texas School of Law (Provider #169) live webcast presentations meet the requirements and are presumptively approved by the Oklahoma Bar Association for MCLE credit based on a 50-minute credit hour. This accreditation requires attendance verification. In compliance with the rules, UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. The response record is detailed on the Certificate of Completion.

To claim Oklahoma MCLE credit, Oklahoma credit option must be selected PRIOR to viewing the live webcast. Upon claiming credit, a Certificate of Completion will be emailed to you. UT Law CLE will report credit on your behalf to the Oklahoma Bar Association within 30 days after the webcast.

Other Credit

Certified Professional Landman (AAPL)
6.75 hrs  |  1.00 hrs Ethics
Registered Landman (AAPL)
6.75 hrs  |  1.00 hrs Ethics
Registered Professional Landman (AAPL)
6.75 hrs  |  1.00 hrs Ethics
TX Accounting CPE
9.00 hrs
Additional Information
The University of Texas School of Law (Provider #250) live webcast presentations meet the requirements and 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.

This accreditation requires attendance verification. In compliance with the rules, UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. The response record is detailed on the Certificate of Completion.

To claim Texas Accounting CPE credit, the Texas Accounting CPE credit option must be selected PRIOR to viewing the live webcast. Upon claiming credit, a Certificate of Completion will be emailed to you. Self-report your CPE credit directly to the Texas State Board of Public Accountancy.

MCLE Credit

Texas
7.75 hrs  |  1.00 hrs Ethics
Legal Specialization(s): Administrative Law, Oil, Gas and Mineral Law, Real Estate Law
Additional Information
UT Law CLE will report credit to the State Bar of Texas on your behalf. If you are claiming credit in the last week of your birth month, self-report your credit directly to the State Bar of Texas at texasbar.com. A Certificate of Completion will be emailed to you upon claiming credit.
California
7.75 hrs  |  1.00 hrs Ethics
Additional Information
Self-report your CLE credit directly to the State Bar of California at calbar.ca.gov. Print and keep the Certificate of Completion for your records. A Certificate of Completion will be emailed to you upon claiming credit.
Louisiana
7.75 hrs  |  1.00 hrs Ethics
Additional Information
To claim Louisiana MCLE credit, Louisiana credit option must be selected PRIOR to viewing the live webcast. Upon claiming credit, a Certificate of Completion will be emailed to you. 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.
New Mexico – Expected
4.00 hrs
Additional Information
As a Sponsor, The University of Texas School of Law conferences, live webcasts and webcast replays (on-demand) can be approved for MCLE credit by the New Mexico MCLE Board. The attorney can request individual credit for a course if he or she certifies that the course was beneficial to his or her practice of law by completing the MCLE_02 Form for conferences and live webcasts or MCLE_04 Form for webcast replays (on-demand). The attorney must request the credit within 30 days of attending the course.
Oklahoma
9.50 hrs  |  1.00 hrs Ethics
Additional Information
The University of Texas School of Law (Provider #169) live webcast presentations meet the requirements and are presumptively approved by the Oklahoma Bar Association for MCLE credit based on a 50-minute credit hour. This accreditation requires attendance verification. In compliance with the rules, UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. The response record is detailed on the Certificate of Completion.

To claim Oklahoma MCLE credit, Oklahoma credit option must be selected PRIOR to viewing the live webcast. Upon claiming credit, a Certificate of Completion will be emailed to you. UT Law CLE will report credit on your behalf to the Oklahoma Bar Association within 30 days after the webcast.

UT Law CLE

2016 Ernest E. Smith Oil, Gas and Mineral Law Institute

Key Dates

Houston

  • Last day for Individual early registration: Apr 8, 2016
    Add $50 for registrations received after this time
  • Last day for Group (5-9 ppl) early registration: Apr 6, 2016
    Add $50 for registrations received after this time
  • Last day for Group (10 or more ppl) early registration: Apr 6, 2016
    Add $50 for registrations received after this time
  • Last day for cancellation (full refund): Apr 8, 2016
  • Last day for cancellation (partial refund): Apr 11, 2016
    $50 processing fee applied

Live Webcast

  • Last day for cancellation (full refund): Apr 8, 2016
  • Last day for cancellation (partial refund): Apr 11, 2016
    $50 processing fee applied

Webcast Replay

  • Last day for cancellation (full refund): May 6, 2016
  • Last day for cancellation (partial refund): May 9, 2016
    $50 processing fee applied

UT Law CLE

2016 Ernest E. Smith Oil, Gas and Mineral Law Institute

Hotel / Venue

Houston

Royal Sonesta Hotel Houston

2222 West Loop South
Houston, TX 77027-3502
713.627.7600
855.463.3091 (reservations)
Map

Accommodations

$199 room rate good through March 22, 2016 (subject to availability). 

Parking Information

$10 daily self-parking; $16 overnight self-parking; $16 valet daily parking; $27 valet overnight

UT Law CLE

2016 Ernest E. Smith Oil, Gas and Mineral Law Institute

Sponsors