In the latest episode of KRCL’s energy law podcast, litigation partner Tom Ciarlone sits down with Brett Podkanowicz, in-house counsel for land and legal at Encore Permian in Midland, Texas.
PODCAST: Interview with In-House Counsel at Encore Permian
Texas Supreme Court Addresses Interpretation of Oil-and-Gas Contracts
In the second episode of Oil and Gas Law: In 5 Five Minutes or Less, KRCL’s new video series covering key legal developments for energy industry professionals, Tom Ciarlone examines a recent Texas Supreme Court decision on interpreting mineral leases and other oil-and-gas contracts.
Oil and Gas Law: In 5 Minutes or Less
Oil and Gas Law: In Five Minutes or Less is a new video series from KRCL’s Energy and Transportation Practice Group, covering important developments out of courts in Texas that are mission critical to industry professionals.
KRCL Oil-and-Gas Litigation Partner Interviewed on “The Crude Life” Podcast
Thomas Ciarlone, Co-Chair of the firm’s Energy and Transportation Practice Group, was recently interviewed by The Crude Life podcast about the many pitfalls lying at the intersection of COVID-19, the energy industry, and Texas law.
VIDEO: COVID-19 and the Oil Patch — Lease Litigation Pitfalls
COVID-19 raises a number of serious issues for operators and other industry participants in the oil patch, including compliance with continuous drilling obligations, shut-in royalty clauses, cessation of production, and production in paying quantities. Please watch this short video segment to learn more.
PODCAST: Interpreting Oil-and-Gas Contracts, The Rule of Capture and Mineral Trespass, and Class Action Developments for Operators
In the latest episode of our energy law podcast, we discuss recent guidance from the Texas Supreme Court on interpreting oil-and-gas contracts; cross-jurisdictional differences surrounding the rule of capture and subsurface mineral trespass; and troubling class action developments for operators and other industry participants.
Sixth Circuit Fans the Flames of Class Certification Against Operators
I have written previously about class certification in the oil patch. Frequently the emphasis is around whether the putative class can satisfy Rule 23’s commonality and predominance requirements. The recent trend has been toward troubling developments for operators, including courts that focus on ostensibly “common” facts that are irrelevant to the claims asserted or, worse […]
Rule-of-Capture Showdown: Pennsylvania v. Texas
Last year, I wrote about Pennsylvania’s departure from Texas on the law surrounding trespass by hydraulic fracturing. As first stated in Coastal Oil & Gas Corp. v. Garza Energy Trust, 268 S.W.3d 1 (Tex. 2008), trespass claims for drainage by hydraulic fracturing are barred in Texas by the venerable “rule of capture”—shorthand for the theory […]
SCOTX Issues Another Key Decision for Interpreting Oil-and-Gas Contracts
The Texas Supreme Court, beginning in 2017, began issuing a number of decisions altering the analysis for the interpretation of oil-and-gas agreements, principally mineral leases and conveyances. I wrote about many of these opinions as they were released: “Texas High Court Ruling Sows Confusion On Mineral Deeds” (Wenske v. Ealy) (Law360, subscription required)—chipping away at […]
Podcast: Royalty Underpayment Class Actions; Duties of the Mineral Executive; and Anti-Pooling Clauses
In the latest episode of our energy law podcast, we discuss troubling developments at the intersection of class actions and consumer protection laws in royalty underpayment cases; the Texas Supreme Court’s latest pronouncements on the duties of executive mineral rights owners to non-executives; and a new appellate court decision that addresses when the acceptance of […]