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eCourse

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

Contains material from Jul 2017 to Apr 2021

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: Update On Midstream Agreements in Bankruptcy—From Sabine to Southland and Beyond - Many recent E&P bankruptcies have grappled with the characterization of midstream agreements as either contractual rights that can be rejected or real property interests that ride through unaffected. This presentation analyzes the ever-shifting legal landscape, which has seen midstream agreements characterized as both, leading to a widening split in the courts and uncertainty in the industry.

Session 3: Update on Surface Use Agreements and Disputes - 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.  

Session 4: Joint Operating Agreements – Understanding and Application - Understanding the key components of the JOA and a consideration of recurring issues with emphasis on horizontal drilling and allocation wells.  How the JOA works, what doesn’t work, some suggested Article XVI provisions and some new unanswered questions.

Session 5: 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.

Session 6: MSA Negotiations - 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.

Session 7: Split Estate Issues (Mineral, Wind, Solar and Water) - Explore competing uses, common conflicts, and potential solutions.

Session 8: Make Peace, Not War: Negotiating and Drafting Accommodation Agreements in the Oil and Gas Industry with Wind and Solar Companies - A brief discussion of the basic elements of a comprehensive accommodation agreement, which shall include pitfalls to avoid in drafting such agreements, as well as an overview of typical accommodation issues and how best to resolve them.

Session 9: 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.

Session 10: Nuts and Bolts Ethics for the Business and Transactional Lawyer - Engage in a practical discussion of current ethics topics related to business and transactional law, including conflicts issues, and attorney migration between firms.

Includes: Video Audio Paper Slides


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

Jesse S. Lotay, Yenmi Tang

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(mp4)
29 mins
(mp3)
29 mins
(pdf)
15 pgs
(pdf)
11 pgs
Session 1 —29 mins
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. Update On Midstream Agreements in Bankruptcy—From Sabine to Southland and Beyond (Apr 2021)

Jonathan Hyman, Philip Jordan, Lydia R Webb

0.75 0.00 0.00
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(mp4)
44 mins
(mp3)
43 mins
(pdf)
33 pgs
(pdf)
12 pgs
Session 2 —44 mins
Update On Midstream Agreements in Bankruptcy—From Sabine to Southland and Beyond (Apr 2021)

Many recent E&P bankruptcies have grappled with the characterization of midstream agreements as either contractual rights that can be rejected or real property interests that ride through unaffected. This presentation analyzes the ever-shifting legal landscape, which has seen midstream agreements characterized as both, leading to a widening split in the courts and uncertainty in the industry.

Originally presented: Mar 2021 Oil, Gas and Mineral Law Institute

Jonathan Hyman, Gray Reed - Houston, TX
Philip Jordan, Gray Reed - Dallas, TX
Lydia R Webb, Gray Reed - Dallas, TX

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

F. Parks Brown, Dana B. Deaton

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(mp4)
45 mins
(mp3)
45 mins
(pdf)
22 pgs
(pdf)
22 pgs
Session 3 —45 mins
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: 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

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4. Joint Operating Agreements – Understanding and Application  (Apr 2021)

Michel E. Curry

0.75 0.00 0.00
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(mp4)
45 mins
(mp3)
45 mins
(pdf)
35 pgs
(pdf)
21 pgs
Session 4 —45 mins
Joint Operating Agreements – Understanding and Application  (Apr 2021)

Understanding the key components of the JOA and a consideration of recurring issues with emphasis on horizontal drilling and allocation wells.  How the JOA works, what doesn’t work, some suggested Article XVI provisions and some new unanswered questions.

Originally presented: Mar 2021 Fundamentals of Oil, Gas and Mineral Law

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

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5. JOA Negotiation: Operator and Non-Operator Perspectives (Apr 2020)

Scott Lansdown, Jeff Weems

0.75 0.00 0.00
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(mp4)
47 mins
(mp3)
46 mins
(pdf)
13 pgs
Session 5 —47 mins
JOA Negotiation: Operator and Non-Operator Perspectives (Apr 2020)

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.

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

Scott Lansdown, XTO Energy Inc. - Spring, TX
Jeff Weems, Staff Weems LLP - Houston, TX

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6. MSA Negotiations (Apr 2020)

John Gaitskill Almy, William W. Pugh III

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(mp4)
46 mins
(mp3)
46 mins
(pdf)
13 pgs
Session 6 —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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7. Split Estate Issues (Mineral, Wind, Solar and Water) (Apr 2020)

Robert Matthew Park, Ryan Lammert

0.50 0.00 0.00
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(mp4)
30 mins
(mp3)
29 mins
(pdf)
18 pgs
(pdf)
17 pgs
Session 7 —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

Show session details

8. Make Peace, Not War: Negotiating and Drafting Accommodation Agreements in the Oil and Gas Industry with Wind and Solar Companies (Apr 2021)

Roderick E. Wetsel

0.50 0.00 0.00
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(mp4)
27 mins
(mp3)
26 mins
(pdf)
14 pgs
(pdf)
7 pgs
Session 8 —27 mins
Make Peace, Not War: Negotiating and Drafting Accommodation Agreements in the Oil and Gas Industry with Wind and Solar Companies (Apr 2021)

A brief discussion of the basic elements of a comprehensive accommodation agreement, which shall include pitfalls to avoid in drafting such agreements, as well as an overview of typical accommodation issues and how best to resolve them.

Originally presented: Mar 2021 Oil, Gas and Mineral Law Institute

Roderick E. Wetsel, Wetsel, Carmichael & Allen, LLP - Sweetwater, TX

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9. Communication with Opposing Counsel and Landowners (Apr 2020)

Keith B. Hall

0.75 0.75 0.00
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(mp4)
46 mins
(mp3)
46 mins
(pdf)
30 pgs
(pdf)
30 pgs
Session 9 —46 mins
Communication with Opposing Counsel and Landowners (Apr 2020)

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.

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

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

Show session details

10. Nuts and Bolts Ethics for the Business and Transactional Lawyer (Jul 2017)

Claude E. Ducloux, George W. Coleman

1.00 1.00 0.00
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(mp4)
57 mins
(mp3)
56 mins
(pdf)
27 pgs
Session 10 —57 mins
Nuts and Bolts Ethics for the Business and Transactional Lawyer (Jul 2017)

Engage in a practical discussion of current ethics topics related to business and transactional law, including conflicts issues, and attorney migration between firms.

Originally presented: Jul 2017 LLCs, LPs and Partnerships

Claude E. Ducloux, Attorney at Law - Austin, TX
George W. Coleman, Bell Nunnally & Martin LLP - Dallas, TX