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2015

Fundamentals of Oil, Gas and Mineral Law

Houston Mar 26, 2015 Royal Sonesta Hotel Houston
Conference Concluded
Live Webcast Mar 26, 2015
Conference Concluded
Video Replay: Dallas Apr 23, 2015 Cityplace Conference Center
Conference Concluded
Buy
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PRESENTED BY
The University of Texas School of Law
The Oil, Gas &Energy Resources Law Section of the State Bar of Texas

SPONSORS
Jackson Walker L.L.P.
Jones Gill LLP
McElroy, Sullivan, Miller, Weber & Olmstead, L.L.P.
McGinnis Lochridge
Scott Douglass & McConnico LLP
 
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Overview

UT Law's Fundamentals of Oil, Gas and Mineral Law brings together a distinguished faculty of both academics and practitioners for a series of presentations designed to provide a comprehensive overview of oil and gas legal issues.

The program opens with the definitive primer on how to drill an oil or gas well and continues with sessions on the Rule of Capture, oil and gas interests, a four-session look at the oil and gas lease—classification, royalty valuation, implied covenants and other clauses—conveyancing, and the Joint Operating Agreement.

Continue on to the 41st Annual Ernest E. Smith Oil, Gas and Mineral Law Institute for a full day addressing the latest in oil and gas developments.

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Event Schedule

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

  • Time
    Credit
    Subject
    Speaker
  • Thursday Morning, Mar. 26, 2015
    Presiding Officer:
    Michael E. McElroy, McElroy, Sullivan, Miller, Weber & Olmstead L.L.P. - Austin, TX
  • 7:30 am
    Houston, Dallas Only
    Registration Opens
    Includes continental breakfast.

  • 8:20 am
    Welcoming Remarks

  • 8:30 am
    0.50 hr
    So You Want to Drill Your Own Oil Well? An Oil and Gas Drilling Primer
    An overview of the process of finding oil and gas and bringing it to the surface, as well as some of the needed agreements.

    Frank N. Cusimano III, Chevron North America Exploration and Production Company - Houston, TX

  • 9:00 am
    0.75 hr
    The Rule of Capture, Correlative Rights and Principles of Conservation
    Examine the effects of the Rule of Capture, and discuss well spacing, production limitations, pooling and unitization and related environmental regulation. Agency rules and regulations, rule-making and adjudication procedures are described, as well as judicial review of agency actions including the concepts of collateral attack, exhaustion of administrative remedies, primary jurisdiction and standards of deference.

    Patrick H. Martin, Professor Emeritus, Louisiana State University Paul M. Hebert Law Center - Baton Rouge, LA

  • 9:45 am
    Break

  • 10:00 am
    0.75 hr
    Interests in Oil and Gas
    An overview of the general types, characteristics and classifications of oil and gas interests.

    Christopher S. Kulander, South Texas College of Law - Houston, TX

  • 10:45 am
    1.00 hr
    The Oil and Gas Lease, Part I: Classification, Scope of Grant and Duration
    An in-depth focus on how an oil and gas lease is classified in law and on the key clauses of the lease.

    Owen L. Anderson, The University of Oklahoma College of Law - Norman, OK

  • 11:45 am
    Houston, Dallas Only
    Pick Up Lunch
    Included in registration.

  • Thursday Afternoon, Mar. 26, 2015
    Presiding Officer:
    Michael E. McElroy, McElroy, Sullivan, Miller, Weber & Olmstead L.L.P. - Austin, TX
  • LUNCHEON PRESENTATION
  • 12:05 pm
    0.50 hr
    Texas Title Examination Standards: Introduction and Practical Exercises
    A look at the use of Title Examination Standards to address common defects, exceptions and errors found in the chain of title to land plus the language of the standards, times when they are applicable, and the commentary of applicable law for each standard. Included are a few practical examination exercises using actual situations encountered in title examination.

    Allen D. Cummings, Law Offices of Allen D. Cummings - San Antonio, TX

  • 12:35 pm
    Break

  • 12:50 pm
    0.75 hr
    The Oil and Gas Lease, Part II: The Royalty Clause in an Oil and Gas Lease
    In Texas, the calculation of the royalty obligation created under an oil and gas lease is determined by looking at the specific language contained in the royalty clause. Focus on some of the principal phrases used to describe such obligations and how the Texas courts have interpreted them, and take a look at how that same language has been interpreted differently in other jurisdictions. Analyze the impact of division and transfer orders to determine how such instruments may affect the royalty obligations contained in the lease.

    Bruce M. Kramer, Of Counsel and Maddox Professor of Law Emeritus, McGinnis Lochridge and Texas Tech University - Houston and Lubbock, TX

  • 1:35 pm
    0.75 hr
    The Oil and Gas Lease, Part III: Implied Covenants
    An outline of the law of implied covenants, including duties imposed, standards applied and remedies available.

    Keith B. Hall, Louisiana State University Paul M. Hebert Law Center - Baton Rouge, LA

  • 2:20 pm
    0.50 hr
    The Oil and Gas Lease, Part IV: Other Clauses
    A review of other clauses in an oil and gas lease, including surface use clauses and riders, retained acreage and proportionate reduction clauses, and savings clauses such as continuous operations, dry hole, force majeure and shut-in gas royalty clauses.

    Thomas A. Daily, Daily & Woods, P.L.L.C. and University of Arkansas School of Law - Fort Smith and Fayetteville, AR

  • 2:50 pm
    Break

  • 3:00 pm
    0.75 hr
    Voluntary Pooling and Unitization
    Coverage of the typical pooling clause in an oil and gas lease, which allows the lessee to combine acreage under one lease with acreage underlying adjacent tracts, as well as the voluntary unitization statute in Texas under which the Railroad Commission approves field-wide units, which may combine acreage from hundreds of different tracts and landowners for the purpose of second recovery or repressuring.

    Carroll G. Martin, Scott, Douglass & McConnico, L.L.P. - Austin, TX

  • 3:45 pm
    1.00 hr
    Oil and Gas Conveyancing
    Explore the terms used to convey mineral and royalty interests and the issues that arise in drafting and interpreting these conveyances.

    Laura H. Burney, St. Mary's University School of Law - San Antonio, TX

  • 4:45 pm
    0.75 hr
    The Joint Operating Agreement (JOA)
    An overview of the important components of a JOA, completion of and additions to the Form JOA, and issues that arise in the application of the JOA provisions to exploration and production activities.

    John S. Lowe, Southern Methodist University Dedman School of Law - Dallas, TX

  • 5:30 pm
    Adjourn Fundamentals

Download Schedule

Conference Faculty

Owen L. Anderson

The University of Oklahoma College of Law
Norman, OK

Laura H. Burney

St. Mary's University School of Law
San Antonio, TX

Allen D. Cummings

Law Offices of Allen D. Cummings
San Antonio, TX

Frank N. Cusimano III

Chevron North America Exploration and Production Company
Houston, TX

Thomas A. Daily

Daily & Woods, P.L.L.C. and University of Arkansas School of Law
Fort Smith and Fayetteville, AR

Keith B. Hall

Louisiana State University Paul M. Hebert Law Center
Baton Rouge, LA

Bruce M. Kramer

Of Counsel and Maddox Professor of Law Emeritus, McGinnis Lochridge and Texas Tech University
Houston and Lubbock, TX

Christopher S. Kulander

South Texas College of Law
Houston, TX

John S. Lowe

Southern Methodist University Dedman School of Law
Dallas, TX

Carroll G. Martin

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

Patrick H. Martin

Professor Emeritus, Louisiana State University Paul M. Hebert Law Center
Baton Rouge, LA

Planning Committee

Michael E. McElroy—Director

McElroy, Sullivan, Miller, Weber & Olmstead L.L.P.
Austin, 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

Gregory C. Cox

Locke Lord LLP
Houston, TX

Frank N. Cusimano III

Chevron North America Exploration and Production Company
Houston, TX

James M. Davis Jr.

EXL Petroleum, LP
Midland, TX

Monika Ehrman

The University of Oklahoma College of Law
Norman, OK

W. John English Jr.

Baker & Hostetler LLP
Houston, TX

Norma Rosner Iacovo

Tenaska Power Services Co.
Arlington, TX

Michael D. Jones

Jones Gill LLP
Houston, TX

Jeffery A. McCarn

Brown & Fortunato, P.C.
Amarillo, 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

J. Derrick Price

McGinnis Lochridge
Austin, TX

Ernest E. Smith

The University of Texas School of Law
Austin, TX

George A. Snell III

Steptoe & Johnson PLLC
Amarillo, TX

Credit Info

  • Houston
  • Live Webcast
  • Dallas
MCLE Credit
Toggle view Texas – 8.00 hrs
Legal Specialization(s): Administrative Law, Oil, Gas and Mineral Law, Real Estate 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
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
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 Nevada – 8.00 hrs
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 Nevada Board of Continuing Legal Education. 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.  
Toggle view Oklahoma – 9.50 hrs
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 attendees a certificate 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
Legal Specialization(s): Administrative Law, Oil, Gas and Mineral Law, Real Estate 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 Completion will be emailed to you upon claiming credit. 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
To claim California MCLE credit, California credit option must be selected PRIOR to viewing the live webcast. This accreditation requires attendance verification. UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. Verification pop-ups will NOT display when the webcast video player is in "full screen" mode. Furthermore, the notification sound effect alerting pop-ups, will NOT play on mobile devices. We recommend viewing from a computer, as opposed to a mobile device, should MCLE credit, other than Texas, be needed. The response record is detailed on the Certificate of Completion. 

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.  

MCLE credit is presented based on a 60-minute credit hour.
Toggle view Nevada – 8.00 hrs
No Additional Credit Information.
MCLE Credit
Toggle view Texas – 8.00 hrs
Legal Specialization(s): Administrative Law, Oil, Gas and Mineral Law, Real Estate 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
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 Nevada – 8.00 hrs
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 Nevada Board of Continuing Legal Education. 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.  
Toggle view Oklahoma – 9.50 hrs
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 attendees a certificate 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 26, 2015 – Royal Sonesta Hotel Houston
Conference Concluded
Live Webcast – Mar 26, 2015
Conference Concluded
Video Replay: Dallas – Apr 23, 2015 – Cityplace Conference Center
Conference Concluded
Buy
  • Houston
  • Live Webcast
  • Dallas
Individual
Last day for $325.00 Regular pricing: Mar 20, 2015

$375.00 for registrations received after this time

Group (5 registrants minimum)
Last day for $295.00 Regular pricing: Mar 20, 2015

$345.00 for registrations received after this time

Group (10 registrants minimum)
Last day for $260.00 Regular pricing: Mar 20, 2015

$310.00 for registrations received after this time

Last day for cancellation (full refund): Mar 20, 2015

$50 processing fee applied after this date

Last day for cancellation: Mar 23, 2015
Individual
Last day for $275.00 Regular pricing: Mar 26, 2015

$275.00 for registrations received after this time

Group (5 registrants minimum)
Last day for $250.00 Regular pricing: Mar 26, 2015

$250.00 for registrations received after this time

Group (10 registrants minimum)
Last day for $220.00 Regular pricing: Mar 26, 2015

$220.00 for registrations received after this time

Last day for cancellation (full refund): Mar 20, 2015

$50 processing fee applied after this date

Last day for cancellation: Mar 23, 2015
Individual
Last day for $275.00 Regular pricing: Apr 17, 2015

$325.00 for registrations received after this time

Group (5 registrants minimum)
Last day for $250.00 Regular pricing: Apr 17, 2015

$300.00 for registrations received after this time

Group (10 registrants minimum)
Last day for $220.00 Regular pricing: Apr 17, 2015

$270.00 for registrations received after this time

Last day for cancellation (full refund): Apr 17, 2015

$50 processing fee applied after this date

Last day for cancellation: Apr 20, 2015

Venue

speaker

Royal Sonesta Hotel Houston

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

Accommodations

$199 room rate good through March 10, 2015 (subject to availability). 
Reserve your room online  (Group Code:  0401UTCLE).    

Parking Information

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

speaker

Cityplace Conference Center

2711 North Haskell Avenue
Dallas, TX
214.515.5100
Map

Our Sponsors

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

  • Jackson Walker L.L.P. logo
    Jackson Walker L.L.P.
    Founded more than 125 years ago, Jackson Walker L.L.P. is one of the oldest and largest Texas-based law firms. Today, the firm has more than 350 attorneys in seven Texas offices and represents Fortune 500 companies, multinational corporations, major financial institutions, insurance companies, and a wide range of public companies and private businesses.
     
    Jackson Walker has been a leader in energy law since the late 1800s. One of the firm's founding partners, A.W. Walker, Jr., was responsible for developing many of the fundamental concepts of modern oil and gas law. This experience has led energy companies worldwide to select Jackson Walker as their legal counsel. Today, Jackson Walker attorneys continue the tradition started by our founding partners as leaders and innovators in the energy industry. Jackson Walker began by providing legal services to the energy industry and we remain committed to continuing and expanding upon that tradition.
     
    www.jw.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.
    www.jonesgill.com
  • McElroy, Sullivan, Miller, Weber & Olmstead, L.L.P. logo
    McElroy, Sullivan, Miller, Weber & Olmstead, L.L.P.
    For over 30 years, McElroy, Sullivan, Miller, Weber & Olmstead, L.L.P. ("MSM") has represented clients in Texas state and federal courts and before state and federal regulatory agencies including the Railroad Commission of Texas, the Texas Commission on Environmental Quality, the Texas General Land Office, the Public Utility Commission of Texas, the State Office of Administrative Hearings, the United States Environmental Protection Agency and the Army Corps of Engineers.
     
    MSM counsels clients in litigation, regulatory matters, complex transactions and legislative analysis in the following practice areas: oil and gas, including Barnett, Haynesville, and Eagle Ford Shale Development; underground injection and natural gas storage; environmental law including air, water, solid and hazardous waste permitting; CERCLA/Superfund; enhanced oil recovery and carbon sequestration; global climate change; wind and renewable energy; electric and gas utility; groundwater and surface water rights; land use, boundary, land title, and surveying disputes.
     
    www.msmtx.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 LLP logo
    Scott Douglass & McConnico LLP
    Scott Douglass & McConnico LLP 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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