University of Texas School of Law
44th Annual Ernest E. Smith
Oil, Gas and Mineral Law Institute
Houston Apr 20, 2018 Royal Sonesta Hotel Houston
Conference Concluded
Live Webcast Apr 20, 2018
Conference Concluded
Come a day early for Thursday's Fundamentals of Oil, Gas and Mineral Law—ideal for beginners or experienced practitioners seeking a refresher. Attend both in person and save $100! 

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


EVENT SPONSORS
Baker & Hostetler LLP
Locke Lord LLP


SPONSORS
Jackson Walker LLP
McElroy, Sullivan, Miller & Weber, LLP

McGinnis Lochridge
Santoyo Moore Wehmeyer P.C.
Scott Douglass & McConnico LLP

UT Law CLE

2018 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.

2018 program highlights include:
  • Professor Ernest E. Smith shares his thoughts and perspectives from his many years of work with the oil and gas industry.
  • The Case Law Update reviews recent decisions dealing with oil and gas leases, royalties, mineral conveyances, joint operating agreements, state regulation, and related topics.
  • Discuss the history and development of the proration unit as a regulatory tool, and the consequences of importing the term into oil and gas leases and contracts.
  • Review the evolution of the regulatory and land-title process for PSA and Allocation Wells.
  • Hear the latest on Why and How to Recycle Oil and Gas Wastewater.
  • Outline of the law of implied covenants, including duties imposed, standards applied, and remedies available.
  • Plus information on surface use, decommissioning, P&A, executive rights and more.
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

2018 Ernest E. Smith Oil, Gas and Mineral Law Institute

8/17/18
Schedule

Friday Morning

Presiding Officer:
Jeff Weems, Staff Weems LLP - Houston, TX

7:15 am

Houston Only

Institute Registration Opens

Includes continental breakfast.

8:05 am
Welcoming Remarks

8:15 am

1.00 hr ethics

Protecting Client Information-Cyber Protection Duties as an Attorney

Explore the ethical and legal obligations of attorneys and law firms to protect client data and communications from the latest cybersecurity threats.

William R. Daugherty, Baker & Hostetler LLP - Houston, TX
Andy Sawyer, Locke Lord LLP - Dallas , TX

9:15 am

1.00 hr

Case Law Update

Review recent decisions dealing with oil and gas leases, royalties, mineral conveyances, joint operating agreements, state regulation, and related topics.

Owen L. Anderson, The University of Texas School of Law - Austin, TX

10:15 am
Break

10:30 am

0.75 hr

Proration Units: "You Keep Using that Word, I Don't Think it Means What You Think it Means!"

Hear the history and development of the proration unit as a regulatory tool, and the consequences of importing the term into oil and gas leases and contracts.

Robert G. Hargrove, Osborn, Marsland & Hargrove - Austin, TX
Co-Author:
Ana Maria Marsland, Osborn, Marsland & Hargrove - Austin, TX

11:15 am

0.75 hr

Surface Use: The Dominant Estate, Reasonable Use, and Due Regard

Discuss recent opinions defining the distinction between the surface and mineral estates; history of the mineral owner's implied surface-use right and its limitations; accommodation doctrine opinions, including recent developments and the questions they raise; the roles of the Railroad Commission and municipalities; the temporary-injunction tip-off; and practical tips.

David E. Jackson, Jackson Sjoberg & Townsend, LLP - Austin, TX

12:00 pm

Houston Only

Pick Up Lunch

Included in registration.

Friday Afternoon

LUNCHEON PRESENTATION

Thank You to Our Luncheon Sponsor

Locke Lord LLP

12:20 pm

0.75 hr

An Interview with Professor Ernest E. Smith 

An interview with Professor Ernest E. Smith about his views on key developments of oil, gas and mineral law in Texas during his years of teaching at The University of Texas School of Law. A range of topics will be covered, likely including conveyancing issues such as “floating” v. “fixed” royalty and legal issues, both traditional and new, that arise in the context of horizontal well development.

Moderator:
Carroll G. Martin, Scott Douglass & McConnico LLP - Austin, TX
Ernest E. Smith, The University of Texas School of Law - Austin, TX

 
1:05 pm
Break

1:20 pm

0.50 hr
0.25 hr ethics

Clarifying the Duty of Executive Right Holders

A review of the law after Texas Outfitters Limited v. Nicholson defining the nature of severed executive rights and the duties owed by the executive to non-participating royalty and non-executive mineral interest owners.

Monika U. Ehrman, The University of Oklahoma College of Law - Norman, OK

1:50 pm

0.50 hr

Implied Covenants

Follow an outline of the law of implied covenants, including duties imposed, standards applied, and remedies available.
 

Elizabeth "Becky" Miller, Scott Douglass & McConnico LLP - Austin, TX

2:20 pm

0.75 hr

PSA and Allocations Wells

Review of the evolution of the regulatory and land-title process for PSA and Allocation Wells.

Michael E. McElroy, McElroy, Sullivan, Miller & Weber, LLP - Austin, TX

3:05 pm
Break

3:15 pm

0.75 hr

We're Not Out of the Woods Yet: When is a Contract a Contract in the Bankruptcy Court?

Hear a discussion by experienced practitioners regarding whether an asset purchase and sale agreement, an oil and gas lease, and a joint operating agreement will be rejected by a bankruptcy court. In addition, discuss structuring Bankruptcy Code Section 363 Orders and their effect on encumbrances on title and obligations of the purchasers in light of the Texas Supreme Court decision in Noble Energy, Inc. v. ConocoPhillips Co.

Eric R. Goodman, Baker & Hostetler LLP - Cleveland, OH
W. John English Jr., Baker & Hostetler LLP - Houston, TX

4:00 pm

0.50 hr

Why and How to Recycle Oil and Gas Wastewater

In recent years, the Railroad Commission and Texas Legislature have taken steps to facilitate recycling wastewater. Faced with water supply shortages and seismic activity, should Texas do more?

Adam Friedman, McElroy, Sullivan, Miller & Weber, LLP - Austin, TX

4:30 pm

0.50 hr

Plugging Liability: A Framework for Risk and Financial Security

Brandon Durrett, Dykema Cox Smith - San Antonio, TX

5:00 pm
Adjourn Institute

UT Law CLE

2018 Ernest E. Smith Oil, Gas and Mineral Law Institute

Faculty

Conference Faculty

Owen L. Anderson
The University of Texas School of Law
Austin, TX
William R. Daugherty
Baker & Hostetler LLP
Houston, TX
Brandon Durrett
Dykema Cox Smith
San Antonio, TX
Monika U. Ehrman
The University of Oklahoma College of Law
Norman, OK
W. John English Jr.
Baker & Hostetler LLP
Houston, TX
Adam Friedman
McElroy, Sullivan, Miller & Weber, LLP
Austin, TX
Eric R. Goodman
Baker & Hostetler LLP
Cleveland, OH
Robert G. Hargrove
Osborn, Marsland & Hargrove
Austin, TX
David E. Jackson
Jackson Sjoberg & Townsend, LLP
Austin, TX
Ana Maria Marsland
Osborn, Marsland & Hargrove
Austin, TX
Carroll G. Martin
Scott Douglass & McConnico LLP
Austin, TX
Michael E. McElroy
McElroy, Sullivan, Miller & Weber, LLP
Austin, TX
Elizabeth "Becky" Miller
Scott Douglass & McConnico LLP
Austin, TX
Andy Sawyer
Locke Lord LLP
Dallas , TX
Ernest E. Smith
The University of Texas School of Law
Austin, TX

Planning Committee

Jeff Weems—Director
Staff Weems LLP
Houston, TX
Katy Pier Moore—Co-Director
Santoyo Moore Wehmeyer PC
San Antonio, TX
Kevin M. Beiter
McGinnis Lochridge
Austin, TX
J. Byron (Trace) Burton III
Uhl, Fitzsimons Jewett & Burton, PLLC
San Antonio, TX
Gregory C. Cox
EOG Resources, Inc.
Houston, TX
Frank N. Cusimano III
Chevron North America Exploration and Production Company
Houston, TX
Monika U. Ehrman
The University of Oklahoma College of Law
Norman, OK
W. John English Jr.
Baker & Hostetler LLP
Houston, TX
Peter E. Hosey
Jackson Walker LLP
San Antonio, TX
Norma Rosner Iacovo
Tenaska Power Services Co.
Arlington, TX
Michael D. Jones
Jones Gill LLP
Houston, TX
Michael E. McElroy
McElroy, Sullivan, Miller & Weber, LLP
Austin, 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 LLP
Houston, TX
William W. Pugh III
Liskow & Lewis
Houston, TX
April Rogers
The University of Texas School of Law
Austin, TX
Ernest E. Smith
The University of Texas School of Law
Austin, TX
George A. Snell III
Snell Law Firm
Amarillo, TX
Dick Watt
Watt Thompson Frank & Carver LLP
Houston, TX

UT Law CLE

2018 Ernest E. Smith Oil, Gas and Mineral Law Institute

Credit Information

MCLE Credit

Texas
7.75 hrs  |  1.25 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  |  1.25 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.  
Kansas
8.00 hrs  |  1.00 hrs Ethics
Additional Information
The University of Texas School of Law has applied for CLE approval with the Kansas Continuing Legal Education Commission (KSCLE). At the conference, you will need to sign in on the Record of Attendance form at the registration desk. A Notice of Accreditation/Affidavit will be provided at the conclusion of the conference. It is the responsibility of the attorney to complete and mail the Notice to the Kansas CLE Commission within 30 days after the program. UT Law CLE will maintain Attendance Records for four years.  
Louisiana
7.75 hrs  |  1.25 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.
New Mexico
7.00 hrs  |  1.00 hrs Ethics
North Dakota
7.75 hrs  |  1.25 hrs Ethics
Ohio
7.75 hrs  |  1.25 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  |  1.50 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.
Pennsylvania
7.50 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 the Pennsylvania CLE Board Credit Request Form and approval documentation to self-report credit directly to the Pennsylvania CLE Board. 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.  
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)
7.75 hrs  |  1.25 hrs Ethics
Registered Landman (AAPL)
7.75 hrs  |  1.25 hrs Ethics
Registered Professional Landman (AAPL)
7.75 hrs  |  1.25 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  |  1.25 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  |  1.25 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.
Kansas
8.00 hrs  |  1.00 hrs Ethics
Louisiana
7.75 hrs  |  1.25 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
7.00 hrs  |  1.00 hrs Ethics
North Dakota
7.75 hrs  |  1.25 hrs Ethics
Oklahoma
9.50 hrs  |  1.50 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.
Pennsylvania
7.50 hrs  |  1.00 hrs Ethics
Other States
7.75 hrs  |  1.25 hrs Ethics
Additional Information
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 to ensure it will qualify for self-reporting your credits.

To claim Other States MCLE credit, Other States credit option must be selected PRIOR to viewing the live webcast. Upon claiming credit, a Certificate of Completion will be emailed to you.

This accreditation requires attendance verification. 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 .

MCLE credit is presented based on a 60-minute credit hour. 

Other Credit

Certified Professional Landman (AAPL)
7.75 hrs  |  1.25 hrs Ethics
Registered Landman (AAPL)
7.75 hrs  |  1.25 hrs Ethics
Registered Professional Landman (AAPL)
7.75 hrs  |  1.25 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.

UT Law CLE

2018 Ernest E. Smith Oil, Gas and Mineral Law Institute

Key Dates

Houston

  • Last day for Individual early registration: Apr 11, 2018
    Add $50 for registrations received after this time
  • Last day for cancellation (full refund): Apr 13, 2018
  • Last day for cancellation (partial refund): Apr 16, 2018
    $50 processing fee applied

Live Webcast

  • Last day for Individual early registration: Apr 11, 2018
    Add $0 for registrations received after this time
  • Last day for cancellation (full refund): Apr 13, 2018
  • Last day for cancellation (partial refund): Apr 16, 2018
    $50 processing fee applied

UT Law CLE

2018 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

$179 room rate good through April 2, 2018 (subject to availability). 

Book your room online here or call the reservations department at 855.463.3091 and reference the 2018 UT Law Oil, Gas and Mineral Law Institute. The reservations link will be active until the room block is full or the cutoff date of April 2, 2018, whichever comes first. 

Parking Information

Self-parking $10 daily; $16 overnight
Valet $16 daily; $25 overnight
(rates subject to change)
  

UT Law CLE

2018 Ernest E. Smith Oil, Gas and Mineral Law Institute

Sponsors