About

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.

Event Schedule

  • Time
    Credit
    Subject
    Speaker
  • 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

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

    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.
  • 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

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

    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.
  • 10:25 am
    5-Minute Break

  • 10:30 am
    0.50 hr
    Flaring Issues

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

    A survey of current gas flaring regulations, practices, and concerns in Texas. 
  • 11:00 am
    5-Minute Break

  • 11:05 am
    0.75 hr
    MSA Negotiations

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

    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.
  • 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

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

    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. 
  • 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

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

    Hear a discussion of hot issues and recent developments, including covenants running with the land.
  • 2:10 pm
    5-Minute Break

  • 2:15 pm
    0.50 hr
    Outlook for Energy: A Perspective to 2040

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

    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.
  • 2:45 pm
    5-Minute Break

  • 2:50 pm
    0.50 hr
    Relinquishment Act Lands, Leasing, and Development

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

    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.
  • 3:20 pm
    5-Minute Break

  • 3:25 pm
    0.50 hr
    Split Estate Issues (Mineral, Wind, Solar and Water)

    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

    Explore competing uses, common conflicts, and potential solutions.
  • 3:55 pm
    5-Minute Break

  • 4:00 pm
    0.75 hr
    Working Interest Disputes under AAPL 2015 Form 610 JOA

    Michael C. Sanders, Sanders LLP - Houston, TX

    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.
  • 4:45 pm
    5-Minute Break

  • 4:50 pm
    0.50 hr
    The Sand Paper: The Anatomy of Acquiring, Divesting, and Leasing Sand

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

    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.
  • 5:20 pm
    Adjourn

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

Credit Info

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.
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.  
​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.
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.
No Additional Credit Information.
No Additional Credit 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.
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
f 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
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 - CANCELLED – Mar 27, 2020 – Royal Sonesta Hotel Houston
Conference Concluded
Live Webcast – Mar 27, 2020
Conference Concluded
Buy
Live Webcast
Last day for cancellation (full refund): Mar 20, 2020
Last day for cancellation (partial refund): Mar 23, 2020

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