University of Texas School of Law
46th Annual Ernest E. Smith
Oil, Gas and Mineral Law Institute
Live Webcast Mar 27, 2020
Conference Concluded
Related products: eConferences, Materials
UPDATE:

In response to current events, UT Law CLE has suspended the live, in-person 46th Annual Ernest E. Smith Oil, Gas and Mineral Law Institute and Fundamentals program. We are working on providing an alternative format for the program that will enable currently registered attendees to meet their MCLE requirements. We will notify all participants via email and will post regular updates on our website regarding this conference. Please contact our Customer Service Team at service@utcle.org if you have specific questions or need additional information.
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
Scott Douglass & McConnico LLP

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

UT Law CLE

2020 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.

2020 program highlights include:
  • Two-part Case Law Update showcasing recent decisions on oil and gas leases, royalties, mineral conveyances, joint operating agreements, state regulation, and related topics.
  • Mock negotiation of a master service agreement with particular attention paid to the insurance and indemnity provisions to ensure an effective risk allocation program.
  • Discuss Working Interest Disputes under AAPL 2015 Form 610 JOA.
  • The Limits to Certainty in Title Examination: Bright Lines and Sharp Corners vs. Holistic and Harmonizing, and Those Pesky Fact Questions.
  • Plus valuable information on split estate issues, oil and gas bankruptcies, flaring issues, and more.
Come a day early for Thursday's Fundamentals of Oil, Gas and Mineral Law—ideal for beginners and 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

2020 Ernest E. Smith Oil, Gas and Mineral Law Institute

5/25/20
Schedule

Friday Morning

Presiding Officer:
Gregory C. Cox, EOG Resources, Inc. - Houston, TX

8:05 am
Welcoming Remarks

8:15 am

0.75 hr ethics

​Data Security Incident Response and Attorneys’ Obligations

Effective response to cybersecurity incidents is critical to managing and minimizing regulatory and litigation risks, while protecting your clients and your reputation. Explore developments in incident response, and hear practical guidance from multiple perspectives for managing risk while satisfying legal obligations when the inevitable breach occurs.

Caroline Brackeen, Baker & Hostetler LLP - Houston, TX
Andy Sawyer, Locke Lord LLP - Dallas, TX

9:00 am
5-Minute Break

9:05 am

0.50 hr

Case Law Update: Part One

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

9:35 am
5-Minute Break

9:40 am

0.75 hr
0.50 hr ethics

The Limits to Certainty in Title Examination; Bright Lines and Sharp Corners vs. Holistic and Harmonizing, and Those Pesky Fact Questions

Identify the factual matters that affect or determine ownership but cannot be addressed by an examination of record title, and the presumptions regarding these facts that allow title examiners to render opinions. Analyze the effect on title examination of recent cases that reject “bright lines and sharp corners,” magic words, mechanical rules and historic canons of construction in favor of a holistic and harmonizing approach to better discern the intent of the parties as expressed in the four corners of the conveyance.

Terry I. Cross, McClure & Cross LLP - Dallas, TX

10:25 am
5-Minute Break

10:30 am

0.50 hr

Flaring Issues

A survey of current gas flaring regulations, practices, and concerns in Texas. 

Kelli Tieken Kenney, McElroy, Sullivan, Miller & Weber, LLP - Austin, TX

11:00 am
5-Minute Break

11:05 am

0.75 hr

MSA Negotiations

A mock negotiation of a master service agreement with particular attention paid to the insurance and indemnity provisions to ensure an effective risk allocation program.

John Gaitskill Almy, Liskow & Lewis - Houston, TX
William W. Pugh III, Liskow & Lewis - Houston, TX

11:50 am
Break for Lunch - Presentations Resume at 12:15 p.m.

Friday Afternoon

Presiding Officer:
Gregory C. Cox, EOG Resources, Inc. - Houston, TX

LUNCHEON PRESENTATION

Thank You to Our Sponsor

12:15 pm

0.50 hr

Recent Developments in Oil & Gas M&A

Discussion of the latest developments in M&A transactions in the oil and gas industry, including an analysis of the current market, deal term trends and transaction structures, cases studies on recent deals and shareholder activism in the M&A context. 

Marcel Hewamudalige, Evercore Partners Inc. - Houston, TX
Sean T. Wheeler, Kirkland Ellis LLP - Houston, TX

 
12:45 pm
5-Minute Break

12:50 pm

0.50 hr

Case Law Update: Part Two

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

1:20 pm
5-Minute Break

1:25 pm

0.75 hr

Raiders of the Lost Ark (of the Covenant Running With the Land), And Other Hot Bankruptcy Issues

Hear a discussion of hot issues and recent developments, including covenants running with the land.

Matthew Dudley Cavenaugh, Jackson Walker LLP - Houston, TX
Elizabeth Freeman, Jackson Walker LLP - Houston, TX

2:10 pm
5-Minute Break

2:15 pm

0.50 hr

Outlook for Energy: A Perspective to 2040

The Outlook for Energy is ExxonMobil’s global view of energy demand and supply through 2040. It also highlights the dual challenge of providing affordable energy to support prosperity while reducing environmental impacts – including the risks of climate change. ExxonMobil uses the Outlook to help inform its long-term business strategies and investment plans. 
 
Energy is fundamental to modern life, and as the world’s population approaches 9 billion people in 2040, we are challenged to improve living standards everywhere. Understanding the factors that drive the world’s energy needs – and likely choices to meet those needs – is the mission of the Outlook. By sharing the Outlook with the public, ExxonMobil hopes to broaden that understanding. Energy matters to everyone, and we all play a role in shaping its future.

Douglas B. Neagli, ExxonMobil Risk Management - Dallas, TX

2:45 pm
5-Minute Break

2:50 pm

0.50 hr

Relinquishment Act Lands, Leasing, and Development

A discussion of the unique legal issues that arise in conjunction with leasing and horizontal development of Relinquishment Act lands, with a focus on the Delaware Basin.

D. Davin McGinnis, Scott Douglass & McConnico LLP - Austin, TX
Co-Author:
Ross Sutherland, Scott Douglass & McConnico LLP - Austin, TX

3:20 pm
5-Minute Break

3:25 pm

0.50 hr

Split Estate Issues (Mineral, Wind, Solar and Water)

Explore competing uses, common conflicts, and potential solutions.

Robert Matthew Park, Uhl, Fitzsimons, Jewett, Burton, Wolff & Rangel PLLC - San Antonio, TX
Co-Author:
Ryan Lammert, Uhl, Fitzsimons, Jewett, Burton & Wolff, PLLC - San Antonio, TX

3:55 pm
5-Minute Break

4:00 pm

0.75 hr

Working Interest Disputes under AAPL 2015 Form 610 JOA

A discussion on whether the AAPL 2015 Form 610 JOA would result different outcomes in prior working interest dispute cases by identifying key areas where disputes have arisen in the past between working interest owners, comparing the JOA provisions from prior cases to the language in the 2015 Form, and explaining whether the result would be the same or different had the parties used the 2015 form. Also, learn about various disputes that can arise between working interest owners.

Michael C. Sanders, Sanders LLP - Houston, TX

4:45 pm
5-Minute Break

4:50 pm

0.50 hr

The Sand Paper: The Anatomy of Acquiring, Divesting, and Leasing Sand

Sand has become the new gold in parts of Texas. Discuss the fundamental issues a lawyer must address when structuring an acquisition, a divestiture, or a lease of sand in Texas.

Reagan Marble, Jackson Walker LLP - San Antonio, TX
Co-Author:
Peter E. Hosey, Jackson Walker LLP - San Antonio, TX

5:20 pm
Adjourn

UT Law CLE

2020 Ernest E. Smith Oil, Gas and Mineral Law Institute

Faculty

Conference Faculty

John Gaitskill Almy
Liskow & Lewis
Houston, TX
Owen L. Anderson
The University of Texas School of Law
Austin, TX
Caroline Brackeen
Baker & Hostetler LLP
Houston, TX
Matthew Dudley Cavenaugh
Jackson Walker LLP
Houston, TX
Terry I. Cross
McClure & Cross LLP
Dallas, TX
Elizabeth Freeman
Jackson Walker LLP
Houston, TX
Marcel Hewamudalige
Evercore Partners Inc.
Houston, TX
Peter E. Hosey
Jackson Walker LLP
San Antonio, TX
Kelli Tieken Kenney
McElroy, Sullivan, Miller & Weber, LLP
Austin, TX
Ryan Lammert
Uhl, Fitzsimons, Jewett, Burton & Wolff, PLLC
San Antonio, TX
Reagan Marble
Jackson Walker LLP
San Antonio, TX
D. Davin McGinnis
Scott Douglass & McConnico LLP
Austin, TX
Douglas B. Neagli
ExxonMobil Risk Management
Dallas, TX
Robert Matthew Park
Uhl, Fitzsimons, Jewett, Burton, Wolff & Rangel PLLC
San Antonio, TX
William W. Pugh III
Liskow & Lewis
Houston, TX
Michael C. Sanders
Sanders LLP
Houston, TX
Andy Sawyer
Locke Lord LLP
Dallas, TX
Ross Sutherland
Scott Douglass & McConnico LLP
Austin, TX
Sean T. Wheeler
Kirkland Ellis LLP
Houston, TX

Planning Committee

Gregory C. Cox—Chair
EOG Resources, Inc.
Houston, TX
Ronnie Blackwell—Co-Chair
Exxon Mobil Corporation
Spring, TX
Jonathan D. Baughman
McGinnis Lochridge
Houston, TX
Kevin M. Beiter
McGinnis Lochridge
Austin, TX
J. Byron (Trace) Burton III
Uhl, Fitzsimons, Jewett, Burton, Wolff & Rangel, PLLC
San Antonio, 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
Jorge I. Gutierrez
Reed Smith LLP
Dallas, TX
Norma Rosner Iacovo
Tenaska Power Services Co.
Arlington, TX
Michael D. Jones
Jones Gill Porter Crawford and Crawford LLP
Houston, TX
Carroll G. Martin
Scott Douglass & McConnico LLP
Austin, TX
Michael E. McElroy
McElroy, Sullivan, Miller & Weber, LLP
Austin, 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
Rachel Reese
R. Reese & Associates
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
Jeff Weems
Staff Weems LLP
Houston, TX

UT Law CLE

2020 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  |  0.50 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
7.70 hrs  |  1.20 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 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.
North Dakota
7.25 hrs  |  0.75 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
9.50 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  |  0.50 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
​PLEASE NOTE: for Louisiana, the maximum that an attorney can claim for an online course is 4.00 hours. 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
7.70 hrs  |  1.20 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.
North Dakota
7.25 hrs  |  0.75 hrs Ethics
Ohio
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
9.50 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

2020 Ernest E. Smith Oil, Gas and Mineral Law Institute

Key Dates

Live Webcast

  • Last day for cancellation (full refund): Mar 20, 2020
  • Last day for cancellation (partial refund): Mar 23, 2020
    $50 processing fee applied

UT Law CLE

2020 Ernest E. Smith Oil, Gas and Mineral Law Institute

Hotel / Venue

UT Law CLE

2020 Ernest E. Smith Oil, Gas and Mineral Law Institute

Sponsors