eConference

2020 Ernest E. Smith Oil, Gas, and Mineral Law eConference

Contains material from Apr 2020

2020 Ernest E. Smith Oil, Gas, and Mineral Law eConference
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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.

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.
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.

Includes: Video Audio Paper Slides No Materials


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1. ​Data Security Incident Response and Attorneys’ Obligations (Apr 2020)

Caroline Brackeen, Andy Sawyer

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(mp4)
44 mins
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43 mins
(pdf)
22 pgs
Session 1 —44 mins
​Data Security Incident Response and Attorneys’ Obligations (Apr 2020)

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.

Originally presented: Mar 2020 Oil, Gas and Mineral Law Institute

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

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2. Case Law Update: Part One (Apr 2020)

Owen L. Anderson

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(mp4)
29 mins
(mp3)
29 mins
(pdf)
30 pgs
Session 2 —29 mins
Case Law Update: Part One (Apr 2020)

Originally presented: Mar 2020 Oil, Gas and Mineral Law Institute

Owen L. Anderson, The University of Texas School of Law - Austin, TX

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3. The Limits to Certainty in Title Examination; Bright Lines and Sharp Corners vs. Holistic and Harmonizing, and Those Pesky Fact Questions (Apr 2020)

Terry I. Cross

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(mp4)
43 mins
(mp3)
43 mins
(pdf)
35 pgs
(pdf)
20 pgs
Session 3 —43 mins
The Limits to Certainty in Title Examination; Bright Lines and Sharp Corners vs. Holistic and Harmonizing, and Those Pesky Fact Questions (Apr 2020)

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.

Originally presented: Mar 2020 Oil, Gas and Mineral Law Institute

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

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4. Flaring Issues (Apr 2020)

Kelli Tieken Kenney

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(mp4)
32 mins
(mp3)
31 mins
(pdf)
13 pgs
(pdf)
10 pgs
Session 4 —32 mins
Flaring Issues (Apr 2020)

A survey of current gas flaring regulations, practices, and concerns in Texas. 

Originally presented: Mar 2020 Oil, Gas and Mineral Law Institute

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

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5. MSA Negotiations (Apr 2020)

John Gaitskill Almy, William W. Pugh III

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(mp4)
46 mins
(mp3)
46 mins
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13 pgs
Session 5 —46 mins
MSA Negotiations (Apr 2020)

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.

Originally presented: Mar 2020 Oil, Gas and Mineral Law Institute

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

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6. Recent Developments in Oil & Gas M&A (Apr 2020)

Marcel Hewamudalige, Sean T. Wheeler

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(mp4)
30 mins
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30 mins
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12 pgs
Session 6 —30 mins
Recent Developments in Oil & Gas M&A (Apr 2020)

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. 

Originally presented: Mar 2020 Oil, Gas and Mineral Law Institute

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

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7. Case Law Update: Part Two (Apr 2020)

Owen L. Anderson

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(mp4)
25 mins
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25 mins
No Materials
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1 pgs
Session 7 —25 mins
Case Law Update: Part Two (Apr 2020)

Originally presented: Mar 2020 Oil, Gas and Mineral Law Institute

Owen L. Anderson, The University of Texas School of Law - Austin, TX

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8. Raiders of the Lost Ark (of the Covenant Running With the Land), And Other Hot Bankruptcy Issues (Apr 2020)

Matthew Dudley Cavenaugh, Elizabeth Freeman

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(mp4)
42 mins
(mp3)
41 mins
(pdf)
28 pgs
Session 8 —42 mins
Raiders of the Lost Ark (of the Covenant Running With the Land), And Other Hot Bankruptcy Issues (Apr 2020)

Hear a discussion of hot issues and recent developments, including covenants running with the land.

Originally presented: Mar 2020 Oil, Gas and Mineral Law Institute

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

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9. Outlook for Energy: A Perspective to 2040 (Apr 2020)

Douglas B. Neagli

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(mp4)
27 mins
(mp3)
27 mins
(pdf)
23 pgs
Session 9 —27 mins
Outlook for Energy: A Perspective to 2040 (Apr 2020)

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.

Originally presented: Mar 2020 Oil, Gas and Mineral Law Institute

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

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10. Relinquishment Act Lands, Leasing, and Development (Apr 2020)

D. Davin McGinnis, Ross Sutherland

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(mp4)
31 mins
(mp3)
31 mins
(pdf)
15 pgs
Paper
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4 pgs
(pdf)
24 pgs
(pdf)
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17 pgs
Session 10 —31 mins
Relinquishment Act Lands, Leasing, and Development (Apr 2020)

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.

Originally presented: Mar 2020 Oil, Gas and Mineral Law Institute

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

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11. Split Estate Issues (Mineral, Wind, Solar and Water) (Apr 2020)

Robert Matthew Park, Ryan Lammert

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(mp4)
30 mins
(mp3)
29 mins
(pdf)
18 pgs
(pdf)
17 pgs
Session 11 —30 mins
Split Estate Issues (Mineral, Wind, Solar and Water) (Apr 2020)

Explore competing uses, common conflicts, and potential solutions.

Originally presented: Mar 2020 Oil, Gas and Mineral Law Institute

Robert Matthew Park, Uhl, Fitzsimons, Jewett, Burton, Wolff & Rangel PLLC - San Antonio, TX
Ryan Lammert, Uhl, Fitzsimons, Jewett, Burton & Wolff, PLLC - San Antonio, TX

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12. Working Interest Disputes under AAPL 2015 Form 610 JOA (Apr 2020)

Michael C. Sanders

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(mp4)
41 mins
(mp3)
41 mins
(pdf)
29 pgs
(pdf)
13 pgs
Session 12 —41 mins
Working Interest Disputes under AAPL 2015 Form 610 JOA (Apr 2020)

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.

Originally presented: Mar 2020 Oil, Gas and Mineral Law Institute

Michael C. Sanders, Sanders LLP - Houston, TX

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13. The Sand Paper: The Anatomy of Acquiring, Divesting, and Leasing Sand (Apr 2020)

Reagan Marble, Peter E. Hosey

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(mp4)
31 mins
(mp3)
31 mins
(pdf)
10 pgs
(pdf)
17 pgs
Session 13 —31 mins
The Sand Paper: The Anatomy of Acquiring, Divesting, and Leasing Sand (Apr 2020)

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.

Originally presented: Mar 2020 Oil, Gas and Mineral Law Institute

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