2020

Fundamentals of Oil, Gas and Mineral Law

Live Webcast Mar 26, 2020
Conference Concluded

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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

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Overview

UT Law CLE'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 features sessions on production and marketing; royalty disputes; co-tenancy; division orders; JOA; maintaining the secondary term of the lease; general surface usage; an overview of the Texas Railroad Commission; and more. Continue on to the 46th Annual Ernest E. Smith Oil, Gas and Mineral Law Institute for a full day addressing the latest in oil and gas developments.

This program 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
Thursday Morning, Mar. 26, 2020
Presiding Officer:
Ronnie Blackwell, Exxon Mobil Corporation - Spring, TX
8:30 am

Welcoming Remarks
8:40 am

0.75 hr

Railroad Commission Regulation and Practice Update

Address the recent changes in regulation of the oil and gas, and pipeline industries in Texas, with emphasis on issues regarding permitting of producing wells, the transfer of inactive wells, saltwater disposal well permitting, good faith claim to title disputes, natural gas flaring exceptions, and pipeline regulations.

Glenn E. Johnson, Kelly Hart & Hallman LLP - Austin, TX
9:25 am

5-Minute Break
9:30 am

0.75 hr

You Have an Oil Well, Now What?

Eddie Chiles once said, “If you don’t have an oil well, get one.” But what comes next? Is that revenue check correct? Are production volumes properly allocated? Bashed by an offset well? A review of issues encountered during the life of an oil or gas well.

Michael L. Wiggins, William M. Cobb & Associates, Inc. - Dallas, TX
10:15 am

5-Minute Break
10:20 am

0.75 hr

Emerging and Re-emerging Issues in the Use of the Surface for Oil and Gas Operations

Explore the nature and extent of the implied easement to use the surface, and a framework for analyzing the accommodation doctrine. Also hear a survey of emerging and re-emerging issues involving conflicting uses of the surface estate, including saltwater disposal operations, hunting operations, and subsurface easements.

Austin W. Brister, McGinnis Lochridge - Houston, TX
11:05 am

5-Minute Break
11:10 am

0.50 hr

The Uses and Abuses of the Division Order

Neither a contract nor a conveyance, a shield but not a sword.

Michael D. Jones, Jones Gill Porter Crawford & Crawford LLP - Houston, TX
11:40 am

Break for Lunch (30 Minutes) - Presentations Resume at 12:10 p.m.
Thursday Afternoon, Mar. 26, 2020
Presiding Officer:
Ronnie Blackwell, Exxon Mobil Corporation - Spring, TX
LUNCHEON PRESENTATION
Thank You to Our Sponsor
12:10 pm

0.75 hr ethics

Communication with Opposing Counsel and Landowners

Common law rules, the fields of tort and contract, as well as rules of professional ethics, govern a lawyer’s or landman’s negotiations on behalf of a client. By remaining mindful of these rules, including how the rules differ depending on whether you are negotiating with opposing counsel or a landowner, you can stay out of trouble and better serve your client.

Keith B. Hall, Louisiana State University Paul M. Hebert Law Center - Baton Rouge, LA
12:55 pm

5-Minute Break
1:00 pm

0.75 hr

Post-Production Royalty Disputes

With the ubiquity of custom oil and gas leases with complex royalty clauses, this presentation will discuss common post-production disputes that arise under these clauses and Texas courts’ recent attempts to resolve those disputes.

Ricardo E. Morales, Person, Mohrer, Morales, Boddy, Garcia & Gutierrez PLLC - Laredo, TX
1:45 pm

5-Minute Break
1:50 pm

0.50 hr

Introduction of Co-Tenancy Accounting

An overview of the rights and obligations of mineral cotenants with regard to one another where there is no agreement between them, with particular focus on how a developing cotenant must account to an unleased or uncommitted mineral cotenant who does not participate in the cost of operating.

William B. Burford, Kelly Hart & Hallman LLP - Midland, TX
2:20 pm

5-Minute Break
2:25 pm

0.50 hr

Midstream 101: A Primer on Understanding Midstream Contracts and Identifying Key Issues

Explore midstream transactions and the contracts commonly utilized in the industry to gather, transport, and process oil and gas. Work through commercial and regulatory considerations and key issues when drafting midstream contracts.

Jesse S. Lotay, Jackson Walker LLP - Houston, TX
Co-Author:
Yenmi Tang, Jackson Walker, LLP - Houston, TX
2:55 pm

5-Minute Break
3:00 pm

0.75 hr

JOA Negotiation: Operator and Non-Operator Perspectives

Review key provisions of the American Association of Petroleum Landmen 610 Model Form Operating Agreement from both the operator’s and non-operator’s perspectives.

Scott Lansdown, XTO Energy Inc. - Spring, TX
Co-Author:
Jeff Weems, Staff Weems LLP - Houston, TX
3:45 pm

5-Minute Break
3:50 pm

0.75 hr

It Ain’t Over Till It’s Over: Maintaining a Lease During the Secondary Term Under a Variety of Lease Provisions

An overview of how a lease is perpetuated during the secondary term under a variety of lease provisions, such as continuous operations, shut-in, dry-hole, reworking, pooling, continuous development, force majeure, paying quantities, and other common savings clauses.

Paul B. Westbrook, Harris, Finley & Bogle, P.C. - Fort Worth, TX
4:35 pm

5-Minute Break
4:40 pm

0.50 hr

Marketing Contracts

A quick primer on practices for marketing crude oil and natural gas.

Thomasine Lowry Pantazis, ConocoPhillips Company - Houston, TX
5:10 pm

Adjourn

Download Schedule

Conference Faculty

Austin W. Brister

McGinnis Lochridge
Houston, TX

William B. Burford

Kelly Hart & Hallman LLP
Midland, TX

Keith B. Hall

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

Glenn E. Johnson

Kelly Hart & Hallman LLP
Austin, TX

Michael D. Jones

Jones Gill Porter Crawford & Crawford LLP
Houston, TX

Scott Lansdown

XTO Energy Inc.
Spring, TX

Jesse S. Lotay

Jackson Walker LLP
Houston, TX

Ricardo E. Morales

Person, Mohrer, Morales, Boddy, Garcia & Gutierrez PLLC
Laredo, TX

Thomasine Lowry Pantazis

ConocoPhillips Company
Houston, TX

Yenmi Tang

Jackson Walker, LLP
Houston, TX

Jeff Weems

Staff Weems LLP
Houston, TX

Paul B. Westbrook

Harris, Finley & Bogle, P.C.
Fort Worth, TX

Michael L. Wiggins

William M. Cobb & Associates, Inc.
Dallas, TX

Planning Committee

Ronnie Blackwell—Chair

Exxon Mobil Corporation
Spring, TX

Gregory C. Cox—Co-Chair

EOG Resources, Inc.
Houston, 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 & Crawford LLP
Houston, TX

Carroll G. Martin

Scott Douglass & McConnico LLP
Austin, TX

Michael E. McElroy

Austin, TX

Ricardo E. Morales

Person, Mohrer, Morales, Boddy, Garcia & Gutierrez PLLC
Laredo, TX

David Michael Patton

Locke Lord LLP
Houston, TX

Michael P. Pearson

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

Amarillo, TX

Jeff Weems

Staff Weems LLP
Houston, TX

Credit Info

Live Webcast

MCLE Credit

Texas – 7.25 hrs | 0.75 hrs Ethics
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.

California – 7.25 hrs | 0.75 hrs Ethics

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.

Kansas – 8.00 hrs | 0.50 hrs Ethics

To claim Kansa MCLE credit, Kansas 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 and certify your credit online in Your Briefcase, and provide your Kansas Registration number in your UTCLE.org account. UT Law CLE will report credit claimed 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.

MCLE credit is presented based on a 50-minute credit hour.

Louisiana – 7.25 hrs | 0.75 hrs Ethics

To claim Louisiana MCLE credit, Louisiana 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.

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.

MCLE credit is presented based on a 60-minute credit hour.

New Mexico – 7.20 hrs | 0.70 hrs Ethics

You must claim and certify your credit online in Your Briefcase, you will then be provided a Certificate of Attendance for your records. UT Law CLE will report credit on your behalf to the State Bar of New Mexico within 30 days after the conference.

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.

North Dakota – 7.25 hrs | 0.75 hrs Ethics

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. Attendees must self-report their attendance to North Dakota using the course number assigned. Contact us at accreditation@utcle.org if you have additional questions.

Ohio – 7.25 hrs | 0.75 hrs Ethics

To claim Ohio MCLE credit, Ohio 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 and certify your credit online in Your Briefcase, you 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 Ohio within 30 days after the conference.

MCLE credit is presented based on a 60-minute credit hour.

Oklahoma – 8.50 hrs | 1.00 hrs Ethics

To claim Oklahoma MCLE credit, Oklahoma 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.

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. 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 – 7.00 hrs | 0.50 hrs Ethics

To claim Pennsylvania MCLE credit, Pennsylvania 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.

UT Law CLE is an approved provider of Pennsylvania credit, sponsor #236. Attorney attendance will be reported to Pennsylvania within 2 weeks after credit is claimed and submitted. Attorneys are not able to report this credit on their own, and UT Law CLE pays all associated fees for the credit hours. Contact us at accreditation@utcle.org if you have additional questions.

MCLE credit is presented based on a 60-minute credit hour.

Other States – 7.25 hrs | 0.75 hrs Ethics

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 and certify your credit online in Your Briefcase, you will then be provided a Certificate of Attendance for your records and to provide to other licensing authorities as needed.

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) – 7.25 hrs | 0.75 hrs Ethics

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

Registered Landman (AAPL) – 7.25 hrs | 0.75 hrs Ethics

Registered Professional Landman (AAPL) – 7.25 hrs | 0.75 hrs Ethics

TX Accounting CPE – 9.00 hrs

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 us at accreditation@utcle.org if you have additional questions.

Key Dates

Live Webcast – Mar 26, 2020

Conference Concluded

Buy

Live Webcast

Individual
Group (5 registrants minimum)
Group (10 registrants minimum)
Last day for cancellation (full refund): Mar 20, 2020

$50 processing fee applied after this date

Last day for cancellation: Mar 23, 2020

Our Sponsors

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

Baker & Hostetler LLP

One of the nation’s largest law firms, BakerHostetler helps clients around the world to address their most complex and critical business and regulatory issues. With five core national practice groups – business, employment, intellectual property, litigation and tax – the firm has more than 940 attorneys located in 14 offices coast to coast. Recognized nationally by Law360 as an “Energy Group of the Year” in 2015, the 80-member BakerHostetler Energy team helps international and domestic energy companies and service providers in the oil and gas, pipeline, electricity, utility and renewable sectors with highly specialized guidance on matters related to production, distribution, transmission, mergers and acquisitions, financing, project development, litigation, regulatory compliance, and bankruptcy. The team has extensive knowledge and experience in the full range of corporate, restructuring, litigation and regulatory issues impacting the energy business, from financing to land acquisitions, exploration to drilling, and production to distribution. For more information, please visit bakerlaw.com/energy.
www.bakerlaw.com
Scott Douglass & McConnico LLP

Scott Douglass & McConnico LLP (SDM) has one of the top oil and gas, natural resources and energy practices in the nation. For more than 40 years, SDM attorneys have advised clients and litigated issues regarding royalties, ownership, leases, operations, exploration, production, regulatory issues, processing, transportation and taxation of natural resources. The firm’s administrative energy law practice is one of the largest in the state, with proceedings and cases before the Railroad Commission of Texas, the Comptroller, the General Land Office and the Public Utility Commission. SDM represents a broad spectrum of energy producers, royalty owners, mineral owners, transporters, traders, refiners and governmental entities.
www.scottdoug.com/
Jackson Walker LLP

Founded more than 130 years ago, Jackson Walker has played a vital role in the growth and development of Texas business. With more than 400 attorneys across seven Texas‐based offices, the Firm represents Fortune 500 companies, multinational corporations, major financial
institutions, insurance companies, and a wide range of public companies and private businesses around the globe. The Firm is ranked nationally in 27 practice areas in the U.S. News’ “Best Law Firms” rankings, has 9 Chambers USA‐ranked practices and 16 practice areas with Chambers ranked attorneys, and has been recognized on the BTI Client Service A‐Team since 2014.
www.jw.com
Locke Lord LLP

The roots of Locke Lord's extensive energy experience date back to the firm's founding. Locke Lord provides full service capabilities to our clients in every discipline of the energy business, including mergers and acquisitions, asset acquisitions and dispositions, operations, contracts, joint ventures, private equity, capital markets, finance, regulatory, litigation and dispute resolution, project development, environmental, tax, real estate, labor and employment, intellectual property and bankruptcy, restructuring and insolvency.

Whether our client's business involves exploration and production, gathering, storage and processing, refining, power generation, alternative and renewable energy, trading and marketing or providing services and equipment to the industry, our team brings its vast knowledge and experience to bear. We know the energy business inside and out. We serve as trusted advisors to our clients from the most complex of transactions and disputes to day-to-day operational needs.
www.lockelord.com
McElroy, Sullivan, Miller & Weber, LLP

McElroy, Sullivan, Miller & Weber, LLP was founded over 35 years ago. We represent clients in a wide range of matters involving oil and gas, natural resources, water, and environmental law. Our attorneys practice in state and federal trial and appellate courts and before numerous state and federal agencies including the Railroad Commission of Texas, the Texas Commission on Environmental Quality, the Texas General Land Office and the U.S. Environmental Protection Agency. Our attorneys bring a unique blend of courtroom and agency experience and technical knowledge to assist our clients in all aspects of their energy, environmental and water law matters. Our attorneys have handled civil trials and appeals helping to shape Texas oil and gas case law. All of our lawyers are driven to achieve the best result in the shortest time possible. We work hard to find creative, efficient and inexpensive solutions to our clients’ complex legal issues. The firm has developed one of the largest energy practices in the State of Texas providing our clients with years of knowledge and experience in regulatory proceedings, applications and contested cases. Several of our lawyers have worked at the agencies where we represent clients. Five of our lawyers also have engineering degrees which allows the firm to take on technically challenging cases. Our clients span from multi-national and Fortune 500 companies, to local governmental entities, environmental non-profits and landowners. Providing legal counsel across a wide spectrum of clientele allows our attorneys to evaluate cases from differing perspectives. We are dedicated to providing our clients with the best representation possible.
www.msmtx.com

2020

Fundamentals of Oil, Gas and Mineral Law

Live Webcast Mar 26, 2020 Conference Concluded

Buy

Related products: eConference Materials

Overview

Event Schedule

Thursday Morning, Mar. 26, 2020

Thursday Afternoon, Mar. 26, 2020

Conference Faculty

Austin W. Brister

William B. Burford

Keith B. Hall

Glenn E. Johnson

Michael D. Jones

Scott Lansdown

Jesse S. Lotay

Ricardo E. Morales

Thomasine Lowry Pantazis

Yenmi Tang

Jeff Weems

Paul B. Westbrook

Michael L. Wiggins

Planning Committee

Ronnie Blackwell—Chair

Gregory C. Cox—Co-Chair

Jonathan D. Baughman

Kevin M. Beiter

J. Byron (Trace) Burton III

Brandon Durrett

Monika U. Ehrman

W. John English Jr.

Jorge I. Gutierrez

Norma Rosner Iacovo

Michael D. Jones

Carroll G. Martin

Michael E. McElroy

Ricardo E. Morales

David Michael Patton

Michael P. Pearson

William W. Pugh III

Rachel Reese

April Rogers

Ernest E. Smith

George A. Snell III

Jeff Weems

Credit Info

MCLE Credit

Other Credit

Key Dates

Our Sponsors

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Live Webcast Mar 26, 2020
Conference Concluded