eCourses

With the rise of water treatment technology and facilities capable of treating produced fracking water into a substance able to be used for beneficial purposes, the value of produced water has risen exponentially in recent years. The increase in value of produced water have allowed owners to benefit greatly in how they beneficially use that water. Owners now have a financial incentive when choosing the method of how they dispose of produced water. Whether by deep saltwater disposal wells, treatment for beneficial use, or treatment for storage in geothermal pore spaces, each method presents legal ownership issues. Texas statutory, RRC regulations, and recent Texas case law have given ownership of produced water new financial opportunities, but also new legal considerations. The intersection of the mineral estate, surface estate, and even the “geothermal” estate have the possibility to meet, and even conflict, in the arena of produced water. Discuss what practitioners should be mindful of with clients having interests related to produced water or its treatment.

Includes: Video Audio Paper Slides

Session 01: Case Law Update: Part One - Review recent decisions dealing with oil and gas leases, royalties, mineral conveyances, joint operating agreements, state regulation, and related topics. Session 02: Case Law Update: Part Two - Review recent decisions dealing with oil and gas leases, royalties, mineral conveyances, joint operating agreements, state regulation, and related topics. Session 03: Regulatory and Legislative Update - Review recent regulatory and legislative issues impacting the oil and gas industry, including developments in oil and gas waste management, carbon capture, and geothermal energy.

Includes: Video Audio Paper Slides

Address the question of who owns subsurface pore space rights when there is a split estate, and discuss the typical terms and conditions of agreements by which prospective carbon capture and storage operators contract for the use of pore spaces. Also consider whether the law provides a mechanism for the use of pore spaces in the absence of the owner’s consent (eminent domain? pooling?), and examine whether the migration of carbon dioxide in the subsurface would give rise to an actionable trespass in the absence of contractual or other authority to use pore spaces.

Includes: Video Audio Paper Slides

Topic description generated by ChatGPT: Using ChatGPT for legal purposes promises efficient information processing, yet raises ethical concerns including client confidentiality and the risk of providing inaccurate advice. It is paramount that attorneys ensure adequate supervision, maintain professional discretion, and stay vigilant about the tool's limitations to uphold their ethical obligations.

Includes: Video Audio Slides

COPAS accounting procedures are most commonly dealt with in the transactional phase of drafting a joint operating agreement, and then later during the life of the agreement in the course of ongoing accounting activities and routine audits. However, they can also have a significant impact in the course of litigation, including in terms of potential preclusive effects of the exception deadlines, and in terms of discovery strategy. Hear an overview of COPAS audit procedures, as well as potential implications on litigation.

Includes: Video Audio Paper Slides

Keynote presentation delivered by Matt Gallagher, Founder, President and Chief Executive Officer of Greenlake Energy

Includes: Video Audio Slides

Examine the liability regime for decommissioning offshore wells and platforms and how predecessors can be held responsible for decommissioning in the event of a default of the current owners. Discuss the evolving landscape of the financial assurance (bonding) regulations to cover decommissioning liability.

Includes: Video Audio Slides

Like other business sectors, simultaneous sign-and-close acquisitions are becoming more popular in the oil and gas industry. Discuss the differences between deferred closings and sign-and-close deals, the features and benefits of each, and when to use one over the other.

Includes: Video Audio Slides

The Texas Supreme Court’s landmark Van Dyke opinion changed the rules for resolving mineralownership disputes. Discuss what led to the Court’s decision, what the opinion means for current litigants, and what questions were left unanswered for us to litigate about for the next decade or more.

Includes: Video Audio Paper Slides

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

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

Includes: Video Audio Paper Slides

Keeping Score: When does bankruptcy law override oil and gas law? Discuss the clash of federal and state law.

Includes: Video Audio Paper Slides

An overview of the rebranding of Texas’s first purchaser liens that provide interest owners with a second chance at first-priority protection.

Includes: Video Audio Slides

Examine common questions and legal issues associated with the practice of drilling allocation and production sharing agreement wells in Texas, particularly against the backdrop of the Third Court of Appeals’ recent decision in Opiela. Also offer guidance for operators who have already drilled such wells or are considering doing so in the future.

Includes: Video Audio Paper Slides

Provide an update on the current state of the law on well-bore assignments, examine certain drafting considerations, and discuss current issues regarding well-bore only ownership.

Includes: Video Audio Paper Slides

Focus on wastewater disposal in or near productive zones, particularly the legal and regulatory interplay between disposal operators and producers working within the same zone or in close proximity.

Includes: Video Audio Paper Slides

Session 01: Ethics and Cybersecurity in the Virtual Practice of Law - Explore some of the ethical hazards associated with practicing law virtually including unauthorized practice of law, confidentiality and cybersecurity, and the challenges of remote supervision. Session 02: School Safety in a New World - Discuss recent legislative changes impacting school safety, implementation, and lessons learned to date, and hear practical advice and suggestions as school districts work to comply fully with the legislation and cooperate with multiple involved agencies and their respective guidance. Session 03: So You Think You Know Your Evidence and Procedure? - An interactive and entertaining presentation testing your knowledge of the Texas Rules of Evidence and Procedure. Session 04: Shifting Sands or Quicksand? Negotiating Antitrust Risk in Today's Climate - In a world of increasing antitrust enforcement risk and uncertainty, our speakers discuss the latest trends in negotiating risk allocation provisions between buyers and sellers. With regulators pursuing new theories of harm and aggressively seeking to block mergers, hear how antitrust risk tolerance has changed for both parties to a transaction and what tools they are deploying to address antitrust risk. Explore the proposed new HRS rules and the implications they will have for deal timelines and deal structures. Session 05: Are You Work Authorized? Complex Immigration Status Puzzles for Employers - Employers are often faced with complex immigration status issues when they are trying to onboard new employees and complete the required Form I-9. If they fail to accept certain qualifying documentation, they can be subject to penalties for discrimination. This panel will address common difficult status issues employers should know.

Includes: Video Audio Paper Slides

Need ethics credit? We’ve got you covered! UT Law CLE’s First Friday Ethics streams live every first Friday of the month, and features some of our best ethics speakers and presentations for a total of 3.00 hrs ethics credit. Fulfill your entire annual ethics requirement in Texas in one day!   This month includes: (0.75 hr | 0.75 hr ethics) Techniques for Negotiating With Difficult Counterparties (Replay) Hear advice on how to negotiate contracts with difficult counterparties, and explore the importance of our own mindset and how to manage our emotions in these situations. Walk through five types of outrageous negotiation positions and effective responses to defuse and reset the tone of the discussions. Laura Frederick, How to Contract - Austin, TX (0.75 hr | 0.75 hr ethics) The Grievance Process and Most Common Violations (Replay) The presentation is intended to provide general information regarding the amendments made to the grievance process in 2018, the proper way to respond to a grievance identifying attorney misconduct, and common problems to avoid in practice. Nicole E. Jackson, Rosenblatt Law Firm - San Antonio, TX (0.50 hr | 0.50 hr ethics) Practical Uses of AI in M&A: Large Language Models to Create New Realities (Replay) What if you could review thousands of contracts, determine the potential risk of anti-assignment clauses, and have a first draft of a memo in under 15 minutes? Over the past year, the legal profession has seen incredible advances in the use of artificial intelligence that are making these possibilities a reality. Large Language Models, such as those fueling ChatGPT, have introduced incredible transformational potential for M&A work. Learn more about what is possible, including ethical considerations, in this new reality. Kenton S. Brice, University of Oklahoma College of Law - Norman, OK (1.00 hr | 1.00 hr ethics) Work Product and Attorney-Client Privilege after In Re Grand Jury: Where Do We Go From Here? (Replay) The law regarding when privileges and protections apply to tax advice was anything but clear leading up to the Supreme Court oral argument in In re: Grand Jury; the Court’s decision to dismiss the case as “improvidently granted” dashed the hopes of tax professionals hoping for a nationwide standard! Hear a review of the current state of the law post-In re: Grand Jury with an emphasis on the Fifth Circuit and how the law there differs from others around the country. Melissa L. Wiley, Lowenstein Sandler LLP - Washington, DC

Includes: Video Audio Paper Slides

Session 01: Lifecycle of Renewable Energy Projects - A discussion of the sequencing of the development of renewable energy projects and how lawyers and developers can best work together to mitigate project risks at each stage of development.  Session 02: Renewable Energy Project Finance 101 - Discuss how various finance tools get stitched together to create a capital stack for a project so it can get developed and built. Session 03: Key Differences between Leases for Solar, Wind and Energy Storage Projects - The type of project being developed can substantially change the terms of long-term real estate agreements. A discussion of the legal provisions required by different kinds of renewable energy projects, as determined by differing uses in land, natural resources, and infrastructure. Session 04: Real Estate and Title Basics for Renewable Energy Projects - A primer on real estate and title matters for wind and solar energy projects. From the lens of real estate attorneys, hear a high-level overview of project timelines and milestones, the path to securing site control, key provisions of landowner agreements, navigating title and survey matters, and providing real estate support for contracting, financing, and sale of the project. Gain insight into critical deal points and best practices to help projects proceed efficiently.   Session 05: What's New? Federal Energy Update - Hear a lively update on developments affecting the renewable energy market. Session 06: Texas Regulatory Update: ERCOT & PUCT - Overview and discussion on recent and relevant PUCT proceedings and ERCOT market changes and initiatives.  Session 07: Joint Venture and Joint Development Agreements - As more new entrants enter the renewable energy industry, we continue to see an increase in joint ventures and other types of joint development arrangements. In this panel, we will discuss the reasons why, different types of joint structures, and key issues that tend to arise in these negotiations.   Session 08: Mineral Issues Impact on Real Estate Documents, Siting and Planning: Texas vs. California - Understanding the interplay of the mineral estate to the surface estate, and site control agreement and title insurance issues and strategies for securing financeable renewable energy surface rights in Texas and California, and more generally. Session 09: ​Top 10 Construction Loan Provisions - An overview of key provisions in project finance construction loan agreements with respect to renewable energy projects. Hear a high-level overview of the structure of a construction loan agreement and highlights of major pitfalls for both lenders and borrowers Session 10: Ethical Obligations in Negotiations - A foundational discussion about how you, as Counsel, accomplish your objectives and meet your goals while acting legally and ethically during negotiations. Reinforces the professional responsibility a lawyer must maintain when faced with ethical dilemmas in negotiations in order to identify: (1) the balance between a lawyer’s obligations of honesty and candor with client advocacy; (2) best practices in negotiations; and (3) the application of the ABA Model Rules of Professional Conduct in legal negotiations.

Includes: Video Audio Paper Slides

Introduction into the basics of the US electric grid as they relate to renewable energy resources including, what the US grid looks like; who runs, operates and owns it; and how do renewables fit in and effect its operation. Also, walk through the state and federal regulatory landscape, looking at the role and authority of FERC and state Public Utility Commissions, RTOs and ISOs. Hear an introduction to the key concepts of the wholesale and retail markets, discuss the key mechanisms for compensating distributed energy and large renewable resources for their services to the grid, and look at the examples of state renewable energy incentives (REC procurement, DG rebates etc.). 

Includes: Video Audio Slides