eCourses are individual online courses from renowned presenters at our live conferences. Learn via audio or video, receive the supporting materials, and fulfill MCLE requirements at your convenience with the best content available!
These courses are CLE accredited in Texas and California, with some accredited in Oklahoma.
If you need credit for an eCourse in other states please read through the disclaimerbefore purchasing an eCourse to make sure you will be able to self-report your MCLE credit after completion of the eCourse
Session 1: GDPR is Effective Today! - May 25, 2018 is the effective date for the European Union’s General Data Protection Regulation, the world’s most comprehensive privacy law. On this day for which so many have prepared, we will share in-house and outside counsel perspectives on what the GDPR means for international companies that do business in the EU, which aspects of compliance efforts have been most challenging, and what lies ahead in maintaining GDPR “accountability” and in connection with the forthcoming, related ePrivacy Regulation.
Session 2: Do You Know Where Your Data is?: Data Sharing and the State of the Law - Modern companies are awash in data. Employees generate it and are usually looking for the most efficient way to share it internally and externally. Review the myriad of problems that can occur even with the most well-meaning of employees. From the possible export control risks of emailing technical information to an overseas colleague, to using Dropbox and other file sharing sites to exchange information, to providing data to contract employees, and more, explore the state of the law as it relates to data and what can happen if you lose control of it.
Session 3: Data Breaches, Big Data, and FTC Oversight - Learn how and why the FTC polices data breaches and the collection and exploitation of big data.
Session 4: Protecting Client Information-Cyber Protection Duties as an Attorney - Explore the ethical and legal obligations of attorneys and law firms to protect client data and communications from the latest cybersecurity threats.
Session 5: Ethics and Professionalism in a Global Environment - Ethics and professionalism are being influenced by many factors in today’s global environment. Consider some of these factors, along with areas of commonality amongst the legal ethics rules from a sampling of jurisdictions.
Session 6: Law Firm Data Security and the Ethical Duty of Technology Competence - As clients demand attorneys deliver legal services more efficiently by using technology it increases pressure to have technical knowledge and proficiency. Further, the American Bar Association and 28 states have created a model rule for the ethical duty of technology competence. Hear an overview of the significant material risks and impact on a law firm following a breach and the potential consequences from an ethics and disciplinary perspective. more »
Session 1: Basic Joint Operating Agreements in Oil, Gas, and Mineral Law - Discuss the purposes for a Joint Operating Agreement, its basic structure and issues that arise in its interpretation.
Session 2: Analysis of Royalty Clauses and Issues: Past, Present and Future - Analyze the evolution of royalty clauses—up to and including current issues—by reviewing recent decisions and pending cases, post-production costs, Heritage, the impact of implied covenant law on royalty obligations, royalties on gas plant products, definitions of marketing and gathering, and other topics pertinent to royalty payments today.
Session 3: LNG Update - According to the IEA, LNG could be the “second revolution” in natural gas markets. Global LNG trade reached another record year in 2016 as new supply from Australia and the United States came online and found its way to markets in a diverse array of countries. The world’s traditional buyers are becoming sellers as potentially huge LNG demand markets open up in China and India. Hear an update of the key developments impacting global LNG markets.
Session 4: Hedging Oil and Gas Production - An introduction to managing risks associated with the sale of oil and gas production. Examine the benefits and mechanics of hedging, commonly used hedging contracts, and practical considerations impacting hedging transactions.
Session 5: A Primer on Marketing Oil and Gas - Discussion of the basic concepts associated with a producer’s marketing of its oil and gas production, including overviews of (a) the applicable provisions of UCC Article 2, (b) the basic provisions of the Conoco general terms and conditions applicable to sales of crude oil as well as the standardized LEAP “master” form agreement for crude oil and refined petroleum products, (c) the provisions commonly found in contracts for the purchase of natural gas by gatherers and processors, as well as by gas marketers utilizing the standardized NAESB “master” form agreement for natural gas, and (d) applicable regulatory principles.”
Session 6: Ethics in Contracting Issues - Using hypotheticals, this presentation focuses on a number of ethics issues that might arise in contracting situations. Can lawyers take advantage of privileged communications the adversary inadvertently sends them? Can lawyers receiving electronic documents look for hidden metadata the other side has not scrubbed? What duties do lawyers have in representing contracting parties, with regards to disclosing client confidences to prevent the adversary from being deceived about the clients' intent, or to correct the adversary's misunderstanding about the law, the contract's terms, or the adversary's scriveners error?
Session 7: 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. more »
Contracting with governmental entities carries its own special set of rules that can shape deal structures and determine whether provisions are enforceable. Explore issues attorneys should be aware of when negotiating contracts with governmental entities and the ethical issues that can arise when doing so. more »
Session 1: FERC’s Connected Entity NOPR - Listen to a discussion of potential new reporting requirements for RTO market participants under the Connected Entity NOPR.
Session 2: Update on Energy Price Formation - For the last two years, FERC has studied the way the various ISOs and RTOs compensate power generators in the organized markets. What is the proper way to compensate a generator for ancillary services, regulation, energy, and capacity? What are proper ways to ensure the development of new generation? more »
To fulfill our obligations to clients and society requires acting in accordance with an ethical framework for leadership in satisfying daily tasks. In this presidential election year, what better way to grasp this ethical framework than digging into the lessons from some of our greatest presidents whose timeless wisdom in how they went about their business can help lawyers focus on best practices in fulfilling our professional responsibilities. more »
Session 1: Protecting the In-House Attorney Client Privilege - A practical overview of the attorney-client privilege as it applies to in-house counsel communications. Hear best practices for protecting communications, common pitfalls, and real world hot topics. Focus on “intermingled” legal and business communications, investigations, and multi-jurisdictional disputes, as well as discovery and litigation planning and management.
Session 2: Ethics and Professionalism in a Global Environment - Ethics and professionalism are being influenced by many factors in today’s global environment. Consider some of these factors, along with areas of commonality amongst the legal ethics rules from a sampling of jurisdictions.
Session 3: Taking Care of Ourselves: Lessons in Work–Life Balance and Self-Care - In a high-stress profession, everyone is vulnerable to destructive habits harmful to ourselves and our clients. Hear a candid discussion about the reality of risk to the profession and anecdotal tips for changing the statistics. more »
Session 1: Rights on Trial: How Workplace Discrimination Law Perpetuates Inequality - Understand the fundamental tensions in anti-discrimination law, how it impacts plaintiffs and defendants in the litigation system, and hear practical recommendations for how to better respond to persistent patterns of discrimination.
Session 2: Expanding Your Firm: How to Hire Contract and Associate Lawyers - What are the basics that you need to know? How do you manage your staff and attorneys? Get practical tips on how to answer these questions so that your firm can continue to flourish.
Session 3: Protecting the In-House Attorney Client Privilege - A practical overview of the attorney-client privilege as it applies to in-house counsel communications. Hear best practices for protecting communications, common pitfalls, and real world hot topics. Focus on “intermingled” legal and business communications, investigations, and multi-jurisdictional disputes, as well as discovery and litigation planning and management. more »
Session 1: Avoiding Potential Discipline Situations - Examine the application of Circular 230 and various state ethics rules to common situations encountered by tax professionals in planning, audits and compliance. In connection with each situation, hear ways practitioners can avoid or remedy problems that may arise so that practitioners can stay out of disciplinary trouble.
Session 2: Protecting, Overcoming and Distinguishing the Work Product Privilege in Texas - Examine the work product privilege under state and federal law, including differences in application and important considerations for practitioners when working with experts, consultants and other third parties. more »
So-called “tax partnerships” are very common in the oil patch. However, they are partnerships for tax purposes only and not for state law purposes. Understand the reasons for these tax partnerships and the traps and pitfalls that arise from their use. more »
Session 1: The Ten Commandments of Ethical Leadership for Lawyers—Based on Lessons Learned From Some of Our Top Presidents of the United States - To fulfill our obligations to clients and society requires acting in accordance with an ethical framework for leadership in satisfying daily tasks. In this presidential election year, what better way to grasp this ethical framework than digging into the lessons from some of our greatest presidents whose timeless wisdom in how they went about their business can help lawyers focus on best practices in fulfilling our professional responsibilities.
Session 2: Cyber Ethics: Ensuring Compliance with Evolving Technology - Lawyers today find that keeping client information safe is more challenging when using today’s technology tools. You don’t have to have a degree in computer science to understand how to avoid ethical missteps related to technology. Lawyer-friendly information on cyber ethics is provided.
Session 3: Stress Kills Success: Mindfulness and the Small Firm Practitioner - Learn about the science behind stress and wellness, along with how mindfulness can help with peak performance. more »
Anytime there are fundamental market changes there is a winner and a loser. Find out how the vast supply of U.S. oil and gas discoveries coupled with stricter environmental regulations are causing long term changes. Who are the winners, who are the losers? Find out how these shifts have impacted coal, renewables, oil and gas, power generation, and refineries. The panel will discuss the impact of these changes on the industry as a whole and on the value of the companies that participate in these industries. more »
Ethics and professionalism are being influenced by many factors in today’s global environment. Consider some of these factors, along with areas of commonality amongst the legal ethics rules from a sampling of jurisdictions. more »
Session 1: Overview of an International Energy Project Lifecycle - An overview of a typical international energy project lifecycle from development through decommissioning.
Session 2: Energy, Geology and Geophysics: Conventional Resources - A lawyer's introduction to the science underlying the agreements we draft and negotiate in the course of developing and operating an international energy project. Petroleum, crude, natural gas and liquids—what are they? Where are they located? How do we find them? When do we think they might run out? Also, a brief introduction to geophysical data acquisition and processing techniques and the leading role geophysical data plays in modern oil and gas exploration and operations.
Session 3: Petroleum Engineering: Conventional Hydrocarbons - How do we physically explore for, develop and produce hydrocarbons? As lawyers, we must have an understanding of the fundamentals of petroleum activities to accurately draft agreements and effectively provide counsel to energy industry clients. An introduction to different types of offshore and onshore drilling and production systems including FPSOs (floating, production, storage and off-loading vessels) and TLPs (tension-leg platforms). Typical liquefied natural gas (LNG) production facilities (liquefaction, regasification and pipelines) are discussed, with coverage of "high-level" drilling and production facilities and operation cost estimates.
Session 4: Unconventional Hydrocarbon Resources - An overview of the geology and geophysics of unconventional hydrocarbon resources including shale. An introduction to the petroleum engineering techniques required to develop and produce these resources.
Session 1: Host Country Instruments (HCIs) - A look at the legal regimes used globally for buying, selling, exploring, developing and producing hydrocarbons, including Concession or Royalty/Tax, Production Sharing, Risk Service Agreements and so-called "hybrids;" with a discussion of basic natural resource ownership/title concepts and provisions of various HCIs, including key fiscal and non-fiscal terms.
Session 2: International Energy Project Economics - This session is designed to provide a lawyer the basics of energy project economics "101" so that they can better work with their energy industry clients to develop legal options in various deal scenarios that are also "economic." Hear an examination of how we develop project economic models to calculate investor rates of return and other key economic indicators by using facility and operation cost estimates, revenue estimates and Host Country Instrument provisions. The role of "risk analysis" in developing project models and the concept of leverage and how it can impact project economics also is considered. more »
Session 1: Co-Venture Formation and Agreements - Leverage and risk allocation are two factors that frequently lead most international energy projects to be undertaken by more than one co-venture party. This session covers the most common arrangements by which parties acquire interests in energy projects including farmins, farmouts, participation agreements and swaps, with coverage of the fundamental provisions of typical co-venture Joint/Unit Operating Agreements (JOAs) using the AIPN model form as a basis.
Session 2: Co-Venture Economics: The Power of Leverage - A discussion of the economic inflection points that occur over the life of an upstream project. Participants work through examples of typical commercial arrangements for farmins and co-venture risk-sharing.
Session 3: Co-Venture Operations - Getting into a co-venture can seem easy compared to operating a successful co-venture. This session looks at operational provisions within the industry joint operating agreement framework, including management decision-making and contracting.
Session 4: Summary and Q&A - Your questions are answered by the program faculty in this moderated Q&A session. more »
Session 1: An Uncomfortable Balancing Act: Managing JV Relationships and JV Partner Default - A lively and in-depth look at default provisions of the JOA, informed by publicly reported cases, that considers these key issues: What constitutes a default? Why should one be concerned? What action can one take in response to a party’s default? Inside the JOA? Outside the JOA?
Session 2: Joint Operating Agreements for Unconventional Oil and Gas Plays - Review key issues to consider when negotiating a joint operating agreement for an unconventional oil and gas play, focusing on the recently completed AIPN 2014 Unconventional Resources Operating Agreement. more »
Session 1: The Statute of Frauds and Typical Leasehold Documents - The statute of frauds applies to oil and gas leasehold contracts, and the failure to satisfy its requirements may render an agreement unenforceable. Examine how the statute might be applied to typical leasehold documents—retained acreage clauses, farmouts, and AMIs.
Session 2: Production In Paying Quantities (PPQ) - BP v. Laddex—the Texas Supreme Court revisits the doctrine it created.
Session 3: Fun New Ways for Density and Proration Rules to Bust Your Lease - Review and analyze three recent Texas cases affecting how “governmental authority” language in retained acreage clauses interacts with density and proration rules to determine how much acreage an oil and gas lessee may hold by production. more »
Walk through a step-by-step guide to compliance with Section 1031 of the Internal Revenue Code to tie an asset disposition to a later acquisition of a replacement property as a tax-free exchange or to "park" an acquisition as a tax-free replacement property for assets subsequently disposed of. more »