University of Texas School of Law
45th Annual Ernest E. Smith
Oil, Gas and Mineral Law Institute
Houston Mar 29, 2019 Royal Sonesta Hotel Houston
Conference Concluded
WEBCAST Mar 29, 2019
Conference Concluded
Related products:       eConferences       Complete Conference Materials
Please Note:  On-site parking may be limited on Friday due to multiple conferences taking place at the venue. Please plan accordingly.
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 LLP
Locke Lord LLP
McElroy, Sullivan, Miller & Weber, LLP
McGinnis Lochridge
Santoyo Moore Wehmeyer P.C.
 

UT Law CLE

2019 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.
2019 program highlights include:
  • Case Law Update showcasing recent decisions on oil and gas leases, royalties, mineral conveyances, joint operating agreements, state regulation, and related topics.
  • Practical guidance for negotiating agreements and navigation disputes over shared use, including an update on recent cases affecting surface disputes.
  • Explore the reach of TOAIA.
  • Discuss operational and economic considerations in drilling horizontal wells and how selected lease provisions impact development decisions.
  • Plus valuable information on practical considerations in arbitration, key differences in representing E&P clients in TX and NM, negation of warranties in mineral transactions, 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

2019 Ernest E. Smith Oil, Gas and Mineral Law Institute

4/24/19
Schedule

Friday Morning

Presiding Officer:
Katy Wehmeyer, Santoyo Moore Wehmeyer PC - San Antonio, TX

7:15 am

Houston Only

Institute Registration Opens

Includes continental breakfast.

8:05 am
Welcoming Remarks

8:15 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.

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

9:15 am

0.50 hr

The Future of Oil and Gas Law: The Past is Prologue

John S. Lowe, Southern Methodist University Dedman School of Law - Dallas, TX
Patrick H. Martin, Louisiana State University Paul M. Hebert Law Center - Baton Rouge, LA

9:45 am

0.50 hr

Railroad Commission Update

A review of recent regulatory changes and developments at the Railroad Commission of Texas, including new rules for surface commingling, new rules for overlapping proration units with depth severances, and new procedures and requirements for permitting disposal wells.

W. Timothy George, McGinnis Lochridge - Austin, TX

10:15 am
Break

10:30 am

0.75 hr

Update on Surface Use Agreements and Disputes

With the continuing expansion of the traditional and alternative energy sectors in Texas, surface use agreements must be carefully drafted in order to balance conflicting surface uses of the same property. Hear practical guidance for negotiating agreements and navigating disputes over shared use, including an update on recent cases affecting surface disputes.  

F. Parks Brown, Uhl, Fitzsimons, Jewett, Burton & Wolff, PLLC - San Antonio, TX
Dana B. Deaton, Uhl, Fitzsimons, Jewett, Burton & Wolff, PLLC - San Antonio, TX

11:15 am

0.50 hr

Exploring the Reach of TOAIA

Discuss where the oilfield begins and ends under the Texas Oilfield Anti-Indemnity Act, including what are "well or mine services," indemnity agreements, and contractual issues.

Tom A. Donaho, Baker & Hostetler LLP - Houston, TX

11:45 am

Houston Only

Pick Up Lunch

Included in registration.

Friday Afternoon

Presiding Officer:
Katy Wehmeyer, Santoyo Moore Wehmeyer PC - San Antonio, TX

LUNCHEON

Thank You to Our Luncheon Sponsor

Scott Douglass & McConnico LLP

12:05 pm

0.50 hr

Oil and Gas Flow Rate Measurement: It's Not That Simple

Hear an overview of the ways oil and gas flow rates are measured in the field, both on land and offshore. Also see how errors in the measurement process can occur, the fiscal impact of such mistakes, and real-world examples of metering gone wrong. 

Winsor (Chip) Letton, Letton Hall Group - Houston, TX

 
12:35 pm
Break

12:50 pm

0.50 hr

Ready! Fire! Aim! “Subject to the PSA” Clause vs. Merger by Deed

Discussion of two recent Texas opinions on the question of what effect, if any, a “subject to the PSA” clause in a closing assignment has on merger of the PSA terms in the event of conflicting terms. The answer may surprise you.

Brandon Durrett, Dykema Cox Smith - San Antonio, TX

1:20 pm

0.50 hr

Allocation of Deal Risk after JPMorgan Chase Bank, N.A., v. Orca Assets GP LLC

Negation of warranties, disclaimers and red flags!  What does the decision in JPMorgan Chase Bank, NA v. Orca Assets GP LLC mean for allocating risk in future deals?

Jessica B. Pulliam, Baker Botts L.L.P. - Dallas, TX

1:50 pm

0.75 hr

Negotiating Oil & Gas Leases for Horizontal Drilling Projects in a Post-Vertical Well Paradigm - A Look At the Application of Selected Common Lease Provisions to Horizontal Well Operations

Understanding the operational and economic context of oil and gas operations encourages more effective lease negotiations between the lessor and lessee, and can lead to collaboration instead of conflict. Failure to relate lease terms to operational reality can result in failed negotiations, stranded minerals, and permanent lost opportunity for all affected parties. Discuss operational and economic considerations in drilling horizontal wells and how selected lease provisions impact development decisions.

Michel E. Curry, Henry Resources LLC - Midland, TX

2:35 pm
Break

2:45 pm

0.75 hr
0.25 hr ethics

Traditional Oil and Gas Interests Financing

Become reacquainted with, or learn about, some traditional methods of funding oilfield operations by use of farmins, farmouts, production payments, term royalties, carried interests, and similar transactions.

W. John English Jr., Baker & Hostetler LLP - Houston, TX
David Michael Patton, Locke Lord LLP - Houston, TX

3:30 pm

0.75 hr ethics

Practical Considerations in Arbitration

Discuss the practical and ethical considerations involved in planning for and participating in arbitration.

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

4:15 pm

0.75 hr ethics

Getting Over the Wall - Examining Title to Property in New Mexico - Can I, Should I, and Do I Need a Passport or License?

Discuss the ethical issues and obligations faced by title lawyers new to New Mexico and those title lawyers not licensed to practice law in New Mexico, but desire to render title opinions on New Mexico mineral properties. Review ethical implications and the major title issues that are unique to New Mexico that may trip up a title examiner who is not accustomed to New Mexico laws and title issues arising in the state.  

Jared A. Hembree, Hinkle Shanor LLP - Roswell, NM
Gregory J. Nibert, Hinkle Shanor LLP - Roswell, NM

5:00 pm
Adjourn Institute

UT Law CLE

2019 Ernest E. Smith Oil, Gas and Mineral Law Institute

Faculty

Conference Faculty

F. Parks Brown
Uhl, Fitzsimons, Jewett, Burton & Wolff, PLLC
San Antonio, TX
Michel E. Curry
Henry Resources LLC
Midland, TX
Dana B. Deaton
Uhl, Fitzsimons, Jewett, Burton & Wolff, PLLC
San Antonio, TX
Tom A. Donaho
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
W. Timothy George
McGinnis Lochridge
Austin, TX
David E. Harrell Jr.
Locke Lord LLP
Houston, TX
Jared A. Hembree
Hinkle Shanor LLP
Roswell, NM
Winsor (Chip) Letton
Letton Hall Group
Houston, TX
John S. Lowe
Southern Methodist University Dedman School of Law
Dallas, TX
Patrick H. Martin
Louisiana State University Paul M. Hebert Law Center
Baton Rouge, LA
Gregory J. Nibert
Hinkle Shanor LLP
Roswell, NM
David Michael Patton
Locke Lord LLP
Houston, TX
Jessica B. Pulliam
Baker Botts L.L.P.
Dallas, TX

Planning Committee

Katy Wehmeyer—Chair
Santoyo Moore Wehmeyer PC
San Antonio, TX
Gregory C. Cox—Co-Chair
EOG Resources, Inc.
Houston, TX
Kevin M. Beiter
McGinnis Lochridge
Austin, TX
J. Byron (Trace) Burton III
Uhl, Fitzsimons Jewett, Burton & Wolff, PLLC
San Antonio, 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 Porter Crawford and Crawford LLP
Houston, TX
Kathleen E. Magruder
BP Energy Company
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
Jeff Weems
Staff Weems LLP
Houston, TX

UT Law CLE

2019 Ernest E. Smith Oil, Gas and Mineral Law Institute

Credit Information

MCLE Credit

Texas
7.75 hrs  |  1.75 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  |  1.75 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  |  1.50 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  |  1.75 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
7.75 hrs  |  1.75 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
7.75 hrs  |  1.75 hrs Ethics
Ohio
7.75 hrs  |  1.75 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
9.00 hrs  |  2.00 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.
Pennsylvania
7.50 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 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  |  1.75 hrs Ethics
Registered Landman (AAPL)
7.75 hrs  |  1.75 hrs Ethics
Registered Professional Landman (AAPL)
7.75 hrs  |  1.75 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  |  1.75 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  |  1.75 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  |  1.50 hrs Ethics
Louisiana
7.75 hrs  |  1.75 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
7.75 hrs  |  1.75 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
7.75 hrs  |  1.75 hrs Ethics
Oklahoma
9.00 hrs  |  2.00 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.
Pennsylvania
8.00 hrs  |  2.00 hrs Ethics
Other States
7.75 hrs  |  1.75 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  |  1.75 hrs Ethics
Registered Landman (AAPL)
7.75 hrs  |  1.75 hrs Ethics
Registered Professional Landman (AAPL)
7.75 hrs  |  1.75 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

2019 Ernest E. Smith Oil, Gas and Mineral Law Institute

Key Dates

Houston

  • Last day for Individual early registration: Mar 20, 2019
    Add $50 for registrations received after this time
  • Last day for cancellation (full refund): Mar 22, 2019
  • Last day for cancellation (partial refund): Mar 25, 2019
    $50 processing fee applied

WEBCAST

  • Last day for cancellation (full refund): Mar 22, 2019
  • Last day for cancellation (partial refund): Mar 25, 2019
    $50 processing fee applied

UT Law CLE

2019 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

$172 room rate good through March 6, 2019 (subject to availability). Reference "UT Law 2019 Oil, Gas and Mineral Law" when you make your reservation. 

Parking Information

$10 daily self-parking; $16 overnight self-parking; $16 valet daily parking; $25 valet overnight 

UT Law CLE

2019 Ernest E. Smith Oil, Gas and Mineral Law Institute

Sponsors