Overview

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.

Event Schedule

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

  • Time
    Credit
    Subject
    Speaker
  • 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

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

Credit Info

MCLE Credit
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 Monday. 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
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 must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records. UT Law CLE will maintain Attendance Records for four years.  
You must claim 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 Kansas Continuing Legal Education Commission (KSCLE) within 30 days after the conference. UT Law CLE will maintain Attendance Records for four years.
At the conference, you will need to sign in on the Record of Attendance form at the registration desk. You must claim 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. 
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 State Bar of New Mexico within 30 days after the conference. You will receive a Certificate of Attendance at the conference to keep for your records.
You must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records. Attendees must self-report their attendance to North Dakota using the course number assigned. If you have any questions please contact Laura Tolin - ltolin@law.utexas.edu.
UT Law CLE will report credit on your behalf to The Supreme Court of Ohio within 30 days after the conference. You must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records. You may also need to sign in at the registration desk if you are attending the live conference - please see staff for details.
At the conference, you will need to sign in on the Record of Attendance form at the registration desk. You must claim 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 Oklahoma Bar Association within 30 days after the conference.
UT Law CLE is an approved provider of Pennsylvania credit, sponsor #236. You must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records. You may also be required to sign-in at the registration desk if you are attending in-person - please see staff onsite for more details. Attorney attendance will be reported to Pennsylvania within 2 weeks of the webcast conclusion. Attorneys are not able to report this credit on their own, and UT Law CLE pays all associated fees for the credit hours. Contact Laura Tolin, ltolin@law.utexas.edu, if you have additional questions.
Other Credit
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.  

Contact Laura Tolin, ltolin@law.utexas.edu, if you have additional questions.
MCLE Credit
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.
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.
UT Law CLE will report credit on your behalf to the Kansas Continuing Legal Education Commission (KSCLE) within 30 days after the conference. UT Law CLE will maintain Attendance Records for four years.
To claim Louisiana MCLE credit, Louisiana credit option must be selected PRIOR to viewing the live webcast. UT Law CLE will report credit on your behalf to LSBA within 30 days after the conference.
UT Law CLE will report credit on your behalf to the State Bar of New Mexico within 30 days after the conference. You will receive a Certificate of Attendance at the conference to keep for your records.
Attendees must self-report their attendance to North Dakota using the course number assigned. If you have any questions please contact Laura Tolin - ltolin@law.utexas.edu.
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 is an approved provider of Pennsylvania credit, sponsor #236. Attorney attendance will be reported to Pennsylvania within 2 weeks of the webcast conclusion. Attorneys are not able to report this credit on their own, and UT Law CLE pays all associated fees for the credit hours. Contact Laura Tolin, ltolin@law.utexas.edu, if you have additional questions.
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. You must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records. 

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
Following the webcast, UT CLE will send attendees a certificate of attendance with the AAPL course number and reporting information included.
http://www.landman.org/home
Following the webcast, UT CLE will send attendees a certificate of attendance with the AAPL course number and reporting information included.
http://www.landman.org/home
Following the webcast, UT CLE will send attendees a certificate of attendance with the AAPL course number and reporting information included.
http://www.landman.org/home
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.

Contact Laura Tolin, ltolin@law.utexas.edu, if you have additional questions.

Key Dates

Houston – Apr 20, 2018 – Royal Sonesta Hotel Houston
Conference Concluded
Live Webcast – Apr 20, 2018
Conference Concluded
Buy
Houston
Last day for Individual early registration: Apr 11, 2018

Add $50 for registrations received after this time

Last day for Group (5 registrants minimum) early registration: Apr 11, 2018

Add $50 for registrations received after this time

Last day for Group (10 registrants minimum) early registration: Apr 11, 2018

Add $50 for registrations received after this time

Last day for cancellation (full refund): Apr 13, 2018

$50 processing fee applied after this date

Last day for cancellation: Apr 16, 2018
Live Webcast
Last day for Individual early registration: Apr 11, 2018

Add $0 for registrations received after this time

Last day for Group (5 registrants minimum) early registration: Apr 11, 2018

Add $0 for registrations received after this time

Last day for Group (10 registrants minimum) early registration: Apr 11, 2018

Add $0 for registrations received after this time

Last day for cancellation (full refund): Apr 13, 2018

$50 processing fee applied after this date

Last day for cancellation: Apr 16, 2018

Venue

speaker

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)
  

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