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eCourse

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

Contains material from Jul 2017 to Apr 2020

Answer Bar: Oil, Gas and Energy Agreements and Contracting Essentials
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Issues with video had to do a few through audio

Presenters need to repeat questions from the audience before answering.

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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 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 3: JOA Negotiation: Operator and Non-Operator PerspectivesReview 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 4: MSA NegotiationsA 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 5: Split Estate Issues (Mineral, Wind, Solar and Water)Explore competing uses, common conflicts, and potential solutions.

Session 6: Communication with Opposing Counsel and LandownersCommon 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 7: LNG Commercial Models and Challenges Update - Hear an overview of various LNG commercial models offered by first and second wave U.S. LNG export projects. Cover how the choice of project structure may affect the commercial model and marketing efforts.

Session 8: LIBOR and Letters of Intent - Market trends and issues regarding the replacement of LIBOR in transactional documentation and ‘dos’ and ‘don’ts’ or ‘best practices’ for the drafting of the document that typically is the precursor to any significant transaction – the letter of intent.

Session 9: 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 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

0.50 0.00 0.00
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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

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

F. Parks Brown, Dana B. Deaton

0.75 0.00 0.00
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(mp4)
45 mins
(mp3)
45 mins
(pdf)
22 pgs
(pdf)
22 pgs
Session 2 —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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3. 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 3 —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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4. MSA Negotiations (Apr 2020)

John Gaitskill Almy, William W. Pugh III

0.75 0.00 0.00
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(mp4)
46 mins
(mp3)
46 mins
(pdf)
13 pgs
Session 4 —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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5. 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 5 —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

6. 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 6 —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

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7. LNG Commercial Models and Challenges Update (Oct 2018)

Monica Hwang

0.50 0.00 0.00
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(mp4)
31 mins
(mp3)
30 mins
(pdf)
30 pgs
Session 7 —31 mins
LNG Commercial Models and Challenges Update (Oct 2018)

Hear an overview of various LNG commercial models offered by first and second wave U.S. LNG export projects. Cover how the choice of project structure may affect the commercial model and marketing efforts.

Originally presented: Sep 2018 Gas and Power Institute

Monica Hwang, King & Spalding - Houston, TX

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8. LIBOR and Letters of Intent (Oct 2018)

Ellen P. Pesch, Robert G. Stephens

0.50 0.00 0.00
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(mp4)
32 mins
(mp3)
32 mins
Paper
(pdf)
50 pgs
(pdf)
9 pgs
Session 8 —32 mins
LIBOR and Letters of Intent (Oct 2018)

Market trends and issues regarding the replacement of LIBOR in transactional documentation and ‘dos’ and ‘don’ts’ or ‘best practices’ for the drafting of the document that typically is the precursor to any significant transaction – the letter of intent.

Originally presented: Sep 2018 Gas and Power Institute

Ellen P. Pesch, Sidley Austin LLP - New York, NY
Robert G. Stephens, Sidley Austin LLP - Houston, TX

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9. Ethics in Contracting Issues (Apr 2018)

Tom Spahn

1.00 1.00 0.00
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(mp4)
58 mins
(mp3)
58 mins
Paper
(pdf)
7 pgs
(pdf)
54 pgs
Session 9 —58 mins
Ethics in Contracting Issues (Apr 2018)

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?

Originally presented: Apr 2018 Health Law Conference

Tom Spahn, McGuireWoods LLP - Tysons, VA

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
Preview Materials

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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