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eCourse

Answer Bar: Oil, Gas and Energy Agreements and Contracting Essentials

Contains material from Apr 2020 to May 2024

Answer Bar: Oil, Gas and Energy Agreements and Contracting Essentials
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Session 1: 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.

Session 2: 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.

Session 3: 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. Royalty terms in the lease such as "market value at the well" or "amount realized" establish how the royalty payor must measure and calculate royalty, and what post​-production costs can be allocated to the lessor interest. This presentation reviews some of the principal phrases used to describe such obligations and how the Texas courts have interpreted them, and examine​s how that same language has been interpreted differently in other jurisdictions. It analyze​s the impact of division and transfer orders and royalty payment statutes on royalty obligations contained in the lease.

Session 4: The Oil and Gas Lease, Part III: Implied Covenants - Examination of the law of implied covenants, including the duties imposed, elements necessary to establish a claim, and remedies and defenses available.

Session 5: The Oil and Gas Lease, Part IV: Other Clauses - Review 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.

Session 6: Emerging and Re-Emerging Issues in the Use of 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 conflicts with renewable projects, saltwater disposal operations, sand mining, and subsurface easements.

Session 7: The 2015 AAPL Form 610 JOA – How to Complete It and Live With It - A checklist and guide to filling in all of the blanks in the 2015 AAPL Joint Operating Agreement and drafting suggestions along with some suggested additional provisions.

Session 8: Indemnity Provisions in MSAs: Texas vs. New Mexico - A practical review of the application of indemnity provisions in Texas vs. New Mexico.

Session 9: Ethics for Lawyers and Landmen - A look at the ethical obligations of both lawyers and landmen: where they align, and where they diverge, using hypotheticals based on real-world situations.

Includes: Video Audio Paper Slides

  • Total Credit Hours:
  • 6.25 | 1.50 ethics
  • Credit Info
  • TX, CA, PA
  • TX MCLE credit expires: 9/30/2025

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1. Midstream 101: A Primer on Understanding Midstream Contracts and Identifying Key Issues (Apr 2020)

Jesse S. Lotay, Yenmi Tang

0.50 0.00 0.00 0.50
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(mp4)
29 mins
(mp3)
29 mins
(pdf)
15 pgs
(pdf)
11 pgs
Session 1 —29 mins
0.50
Midstream 101: A Primer on Understanding Midstream Contracts and Identifying Key Issues (Apr 2020)

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.

Originally presented: Mar 2020 Fundamentals of Oil, Gas and Mineral Law

Jesse S. Lotay, Jackson Walker LLP - Houston, TX
Yenmi Tang, Jackson Walker, LLP - Houston, TX

Show session details

2. The Oil and Gas Lease, Part I: Classification, Scope of Grant and Duration (May 2023)

Monika U. Ehrman

0.75 0.25 0.00 0.75 | 0.25 ethics
Preview Materials

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(mp4)
43 mins
(mp3)
42 mins
(pdf)
21 pgs
(pdf)
7 pgs
Session 2 —43 mins
0.75 | 0.25 ethics
The Oil and Gas Lease, Part I: Classification, Scope of Grant and Duration (May 2023)

An in-depth focus on how an oil and gas lease is classified in law and on the key clauses of the lease.

Originally presented: Apr 2023 Fundamentals of Oil, Gas and Mineral Law

Monika U. Ehrman, Southern Methodist University Dedman School of Law - Dallas, TX

Show session details

3. The Oil and Gas Lease, Part II: The Royalty Clause in an Oil and Gas Lease (May 2023)

William R. Keffer

0.75 0.25 0.00 0.75 | 0.25 ethics
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(mp4)
42 mins
(mp3)
42 mins
(pdf)
22 pgs
Session 3 —42 mins
0.75 | 0.25 ethics
The Oil and Gas Lease, Part II: The Royalty Clause in an Oil and Gas Lease (May 2023)

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. Royalty terms in the lease such as "market value at the well" or "amount realized" establish how the royalty payor must measure and calculate royalty, and what post​-production costs can be allocated to the lessor interest. This presentation reviews some of the principal phrases used to describe such obligations and how the Texas courts have interpreted them, and examine​s how that same language has been interpreted differently in other jurisdictions. It analyze​s the impact of division and transfer orders and royalty payment statutes on royalty obligations contained in the lease. 

Originally presented: Apr 2023 Fundamentals of Oil, Gas and Mineral Law

William R. Keffer, Texas Tech University School of Law - Lubbock, TX

Show session details

4. The Oil and Gas Lease, Part III: Implied Covenants (May 2023)

Keith B. Hall

0.75 0.00 0.00 0.75
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(mp4)
46 mins
(mp3)
46 mins
(pdf)
46 pgs
(pdf)
42 pgs
Session 4 —46 mins
0.75
The Oil and Gas Lease, Part III: Implied Covenants (May 2023)

Examination of the law of implied covenants, including the duties imposed, elements necessary to establish a claim, and remedies and defenses available.

Originally presented: Apr 2023 Fundamentals of Oil, Gas and Mineral Law

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

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5. The Oil and Gas Lease, Part IV: Other Clauses (May 2023)

Christopher S. Kulander

0.50 0.00 0.00 0.50
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(mp4)
30 mins
(mp3)
30 mins
(pdf)
17 pgs
(pdf)
9 pgs
Session 5 —30 mins
0.50
The Oil and Gas Lease, Part IV: Other Clauses (May 2023)

Review 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.

Originally presented: Apr 2023 Fundamentals of Oil, Gas and Mineral Law

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

Show session details

6. Emerging and Re-Emerging Issues in the Use of Surface for Oil and Gas Operations (May 2022)

Austin W. Brister

0.75 0.00 0.00 0.75
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(mp4)
40 mins
(mp3)
40 mins
(pdf)
40 pgs
(pdf)
19 pgs
Session 6 —40 mins
0.75
Emerging and Re-Emerging Issues in the Use of Surface for Oil and Gas Operations (May 2022)

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 conflicts with renewable projects, saltwater disposal operations, sand mining, and subsurface easements.

Originally presented: Apr 2022 Fundamentals of Oil, Gas and Mineral Law

Austin W. Brister, McGinnis Lochridge - Houston, TX

Show session details

7. The 2015 AAPL Form 610 JOA – How to Complete It and Live With It
  (May 2023)

Martin Gibson

0.75 0.00 0.00 0.75
Preview Materials

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(mp4)
41 mins
(mp3)
41 mins
(pdf)
31 pgs
Session 7 —41 mins
0.75
The 2015 AAPL Form 610 JOA – How to Complete It and Live With It
  (May 2023)

A checklist and guide to filling in all of the blanks in the 2015 AAPL Joint Operating Agreement and drafting suggestions along with some suggested additional provisions.

Originally presented: Apr 2023 Fundamentals of Oil, Gas and Mineral Law

Martin Gibson, Gibson Oil & Gas Law - Cedar Creek, TX

Show session details

8. Indemnity Provisions in MSAs: Texas vs. New Mexico (May 2024)

Sarah A. Judge

0.50 0.00 0.00 0.50
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(mp4)
23 mins
(mp3)
23 mins
(pdf)
12 pgs
Slides
(pdf)
5 pgs
Session 8 —23 mins
0.50
Indemnity Provisions in MSAs: Texas vs. New Mexico (May 2024)

A practical review of the application of indemnity provisions in Texas vs. New Mexico.  

Originally presented: Apr 2024 Oil, Gas and Mineral Law Institute

Sarah A. Judge, Cotton Bledsoe Tighe & Dawson, P.C. - Midland, TX

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9. Ethics for Lawyers and Landmen (May 2024)

Jack Tanner

1.00 1.00 0.00 1.00 | 1.00 ethics
Preview Materials

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(mp4)
55 mins
(mp3)
55 mins
(pdf)
10 pgs
(pdf)
29 pgs
Session 9 —55 mins
1.00 | 1.00 ethics
Ethics for Lawyers and Landmen (May 2024)

A look at the ethical obligations of both lawyers and landmen: where they align, and where they diverge, using hypotheticals based on real-world situations.

Originally presented: Apr 2024 Oil, Gas and Mineral Law Institute

Jack Tanner, Fairfield and Woods, P.C. - Denver, CO