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eCourse

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

Contains material from Jul 2017 to May 2022

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: 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 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: A Primer on Oil and Gas Transportation Agreements: Key Issues & Considerations - Explore midstream transactions and the contracts commonly utilized in the energy industry governing the movement of oil and gas from the wellhead to a point downstream for resale or further handling.  Work through commercial and regulatory considerations and key issues when analyzing and negotiating transportation contracts.

Session 8: Split Estate Issues (Mineral, Wind, Solar and Water) - Explore competing uses, common conflicts, and potential solutions.

Session 9: 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 10: 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 11: 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

  • Total Credit Hours:
  • 7.50 | 1.75 ethics
  • Credit Info
  • TX, CA
  • TX MCLE credit expires: 9/30/2023

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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. 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 0.75
Preview Materials

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(mp4)
44 mins
(mp3)
43 mins
(pdf)
33 pgs
(pdf)
12 pgs
Session 2 —44 mins
0.75
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

Show session details

3. 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 3 —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

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

Michel E. Curry

0.75 0.00 0.00 0.75
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(mp4)
45 mins
(mp3)
45 mins
(pdf)
35 pgs
(pdf)
21 pgs
Session 4 —45 mins
0.75
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

Show session details

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

Scott Lansdown, Jeff Weems

0.75 0.00 0.00 0.75
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(mp4)
47 mins
(mp3)
46 mins
(pdf)
13 pgs
Session 5 —47 mins
0.75
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

0.75 0.00 0.00 0.75
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(mp4)
46 mins
(mp3)
46 mins
(pdf)
13 pgs
Session 6 —46 mins
0.75
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

Show session details

7. A Primer on Oil and Gas Transportation Agreements: Key Issues & Considerations (May 2022)

Jesse S. Lotay

0.50 0.00 0.00 0.50
Preview Materials

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(mp4)
29 mins
(mp3)
29 mins
(pdf)
16 pgs
(pdf)
9 pgs
Session 7 —29 mins
0.50
A Primer on Oil and Gas Transportation Agreements: Key Issues & Considerations (May 2022)

Explore midstream transactions and the contracts commonly utilized in the energy industry governing the movement of oil and gas from the wellhead to a point downstream for resale or further handling.  Work through commercial and regulatory considerations and key issues when analyzing and negotiating transportation contracts.

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

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

Show session details

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

Robert Matthew Park, Ryan Lammert

0.50 0.00 0.00 0.50
Preview Materials

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(mp4)
30 mins
(mp3)
29 mins
(pdf)
18 pgs
(pdf)
17 pgs
Session 8 —30 mins
0.50
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

9. 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 0.50
Preview Materials

Download session materials for offline use

(mp4)
27 mins
(mp3)
26 mins
(pdf)
14 pgs
(pdf)
7 pgs
Session 9 —27 mins
0.50
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

Show session details

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

Keith B. Hall

0.75 0.75 0.00 0.75 | 0.75 ethics
Preview Materials

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(mp4)
46 mins
(mp3)
46 mins
(pdf)
30 pgs
(pdf)
30 pgs
Session 10 —46 mins
0.75 | 0.75 ethics
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

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

Claude E. Ducloux, George W. Coleman

1.00 1.00 0.00 1.00 | 1.00 ethics
Preview Materials

Download session materials for offline use

(mp4)
57 mins
(mp3)
56 mins
(pdf)
27 pgs
Session 11 —57 mins
1.00 | 1.00 ethics
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