University of Texas School of Law

eConference

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

Contains material from Apr 2019

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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:
  • The Case Law Update reviews recent decisions dealing with 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.

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.
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Total Credit Hours:
7.75 | 1.75 ethics     Credit Info
Specialization: Administrative Law | Oil, Gas and Mineral Law | Real Estate Law

TX MCLE credit expires: 3/31/2020

Includes: Video Audio Paper Slides

$325  

Preview Sessions
Credit Hours
1. Case Law Update (Apr 2019)

Monika U. Ehrman

1.00 0.00 0.00 1.00  

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Video (mp4) 63 mins
Audio (mp3) 63 mins
Paper (pdf) 90 pgs
Slides (pdf) 23 pgs

SESSION 1 — 63 mins, credit 1.00

Session 1:

Case Law Update (Apr 2019)

Review recent decisions dealing with oil and gas leases, royalties, mineral conveyances, joint operating agreements, state regulation, and related topics.

Originally presented at: Mar 2019 Oil, Gas and Mineral Law Institute

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

2. The Future of Oil and Gas Law: The Past is Prologue (Apr 2019)

John S. Lowe, Patrick H. Martin

0.50 0.00 0.00 0.50  

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Video (mp4) 25 mins
Audio (mp3) 25 mins
Slides (pdf) 4 pgs
Slides (pdf) 12 pgs

SESSION 2 — 25 mins, credit 0.50

Session 2:

The Future of Oil and Gas Law: The Past is Prologue (Apr 2019)

Originally presented at: Mar 2019 Oil, Gas and Mineral Law Institute

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

3. Railroad Commission Update (Apr 2019)

W. Timothy George

0.50 0.00 0.00 0.50  

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Video (mp4) 30 mins
Audio (mp3) 30 mins
Paper (pdf) 27 pgs
Slides (pdf) 31 pgs

SESSION 3 — 30 mins, credit 0.50

Session 3:

Railroad Commission Update (Apr 2019)

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.

Originally presented at: Mar 2019 Oil, Gas and Mineral Law Institute

W. Timothy George, McGinnis Lochridge - Austin, TX

4. Update on Surface Use Agreements and Disputes (Apr 2019)

F. Parks Brown, Dana B. Deaton

0.75 0.00 0.00 0.75  

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Video (mp4) 45 mins
Audio (mp3) 45 mins
Paper (pdf) 22 pgs
Slides (pdf) 22 pgs

SESSION 4 — 45 mins, credit 0.75

Session 4:

Update on Surface Use Agreements and Disputes (Apr 2019)

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.  

Originally presented at: Mar 2019 Oil, Gas and Mineral Law Institute

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

5. Exploring the Reach of TOAIA (Apr 2019)

Tom A. Donaho

0.50 0.00 0.00 0.50  

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Video (mp4) 27 mins
Audio (mp3) 27 mins
Paper (pdf) 13 pgs
Slides (pdf) 6 pgs

SESSION 5 — 27 mins, credit 0.50

Session 5:

Exploring the Reach of TOAIA (Apr 2019)

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.

Originally presented at: Mar 2019 Oil, Gas and Mineral Law Institute

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

6. Oil and Gas Flow Rate Measurement: It's Not That Simple (Apr 2019)

Winsor (Chip) Letton

0.50 0.00 0.00 0.50  

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Video (mp4) 29 mins
Audio (mp3) 29 mins
Paper (pdf) 17 pgs
Slides (pdf) 10 pgs

SESSION 6 — 29 mins, credit 0.50

Session 6:

Oil and Gas Flow Rate Measurement: It's Not That Simple (Apr 2019)

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. 

Originally presented at: Mar 2019 Oil, Gas and Mineral Law Institute

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

7. Ready! Fire! Aim! “Subject to the PSA” Clause vs. Merger by Deed (Apr 2019)

Brandon Durrett

0.50 0.00 0.00 0.50  

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Video (mp4) 32 mins
Audio (mp3) 32 mins
Paper (pdf) 7 pgs
Slides (pdf) 15 pgs

SESSION 7 — 32 mins, credit 0.50

Session 7:

Ready! Fire! Aim! “Subject to the PSA” Clause vs. Merger by Deed (Apr 2019)

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.

Originally presented at: Mar 2019 Oil, Gas and Mineral Law Institute

Brandon Durrett, Dykema Cox Smith - San Antonio, TX

8. Allocation of Deal Risk after JPMorgan Chase Bank, N.A., v. Orca Assets GP LLC (Apr 2019)

Jessica B. Pulliam

0.50 0.00 0.00 0.50  

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Video (mp4) 33 mins
Audio (mp3) 33 mins
Paper (pdf) 5 pgs
Slides (pdf) 23 pgs

SESSION 8 — 33 mins, credit 0.50

Session 8:

Allocation of Deal Risk after JPMorgan Chase Bank, N.A., v. Orca Assets GP LLC (Apr 2019)

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?

Originally presented at: Mar 2019 Oil, Gas and Mineral Law Institute

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

9. 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 (Apr 2019)

Michel E. Curry

0.75 0.00 0.00 0.75  

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Video (mp4) 41 mins
Audio (mp3) 41 mins
Paper (pdf) 16 pgs
Slides (pdf) 22 pgs

SESSION 9 — 41 mins, credit 0.75

Session 9:

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 (Apr 2019)

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.

Originally presented at: Mar 2019 Oil, Gas and Mineral Law Institute

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

10. Traditional Oil and Gas Interests Financing (Apr 2019)

W. John English Jr., David Michael Patton

0.75 0.25 0.00 0.75 | 0.25 ethics  

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Video (mp4) 46 mins
Audio (mp3) 46 mins
Paper (pdf) 37 pgs
Slides (pdf) 17 pgs

SESSION 10 — 46 mins, credit 0.75 | 0.25 ethics

Session 10:

Traditional Oil and Gas Interests Financing (Apr 2019)

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.

Originally presented at: Mar 2019 Oil, Gas and Mineral Law Institute

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

11. Practical Considerations in Arbitration (Apr 2019)

David E. Harrell Jr.

0.75 0.75 0.00 0.75 | 0.75 ethics  

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Video (mp4) 44 mins
Audio (mp3) 43 mins
Paper (pdf) 31 pgs
Slides (pdf) 24 pgs

SESSION 11 — 44 mins, credit 0.75 | 0.75 ethics

Session 11:

Practical Considerations in Arbitration (Apr 2019)

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

Originally presented at: Mar 2019 Oil, Gas and Mineral Law Institute

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

12. Getting Over the Wall - Examining Title to Property in New Mexico - Can I, Should I, and Do I Need a Passport or License? (Apr 2019)

Jared A. Hembree, Gregory J. Nibert

0.75 0.75 0.00 0.75 | 0.75 ethics  

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Video (mp4) 45 mins
Audio (mp3) 45 mins
Paper (pdf) 27 pgs

SESSION 12 — 45 mins, credit 0.75 | 0.75 ethics

Session 12:

Getting Over the Wall - Examining Title to Property in New Mexico - Can I, Should I, and Do I Need a Passport or License? (Apr 2019)

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.  

Originally presented at: Mar 2019 Oil, Gas and Mineral Law Institute

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