On November 29, 2017, the Department of Justice (“DOJ”) announced significant revisions to its Federal Corrupt Practices Act (“FCPA”) Enforcement Policy. (For more information about the FCPA generally, see my earlier blog post from August 10, 2017.) The revisions provide guidance to companies seeking to avoid criminal charges for bribing foreign officials. Previously, in April […]
Important Revisions To Federal Corrupt Practices Act Enforcement Policy
BREAKING: Texas Oil and Gas Regulators Face Off at Public Meeting
There were fireworks yesterday at an open public meeting of the Texas Railroad Commission, the state regulatory body responsible for keeping tabs on the oil and gas industry. Following a variety of routine housekeeping matters, the agency’s General Counsel appeared before the three elected Commissioners in lieu of the regulator’s Executive Director, Kimberly Corley. Commissioner Ryan […]
Antitrust Guidance from the DOJ and FTC for Hurricanes Harvey and Irma
On September 2, 2017, the Antitrust Division of the Department of Justice and the Federal Trade Commission (the “Agencies”) issued antitrust guidance for those engaged in commercial recovery efforts in the wake of Hurricanes Harvey and Irma.[1] The guidance concedes that cooperation among federal, state and local agencies will be necessary in the rebuilding of […]
A Cautionary Tale for Operators
In this week’s episode of our energy law podcast, find out about new guidance for calculating royalties on federal oil and gas leases, the BLM’s termination of restrictive Obama-era fracking rules, and a cautionary tale for operators who might mistakenly assume that they have a security interest in the oil they sell to downstream purchasers.
The FCPA: Energy Companies Doing Business Internationally Must Be Proactive
Halliburton Settles With the SEC On July 27, 2017, Halliburton agreed to settle a cease and desist proceeding brought by the Securities and Exchange Commission (“SEC”), charging it with violating the books and records and internal accounting controls provisions of the Foreign Corrupt Practices Act (“FCPA”). To settle, Halliburton agreed to pay $29.2 million and […]
Everything You Need to Know About Oil and Gas Law—2Q17 Edition
Earlier this year, we brought you our first quarter update on major developments in oil and gas law in Texas and throughout the country. Now, we are back with our second quarter update. We began 2Q17 with a discussion of the intersection of the oil patch with class actions and the Fair Labor Standards Act; the federal […]
Seeing Double: Operator Must Pay Royalties To Multiple Units, Says Texas Supreme Court
Late last week, the Texas Supreme Court told a cautionary tale for operators with its unanimous opinion in Samson Exploration LLC v. T.S. Reed Properties Inc., which addressed the circumstance in which a well is situated within not just one pooled unit, but instead within two overlapping units. The operator, Samson Exploration, took it upon […]
New Guidance for Noise and Pollution Claims in the Oil Patch
Featured in this week’s episode of our energy law podcast: the Texas Supreme Court issues new guidance for noise-and-pollution claims in the oil patch, as well as a landmark opinion on subsurface mineral trespass; Colorado energy regulators ask their state’s high court to clarify their responsibilities; another federal court strikes down an oil-and-gas class action […]
The Texas Railroad Commission Will Not Ride Off Into The Sunset
In Texas, all state agencies effectively have an “expiration date”: each is periodically abolished, by operation of law, unless the Legislature passes a bill to extend its existence. Established in 1977, the Texas Sunset Advisory Commission evaluates agencies and issues recommendations to lawmakers. According to the agency’s website, “Sunset answers a basic question for the […]
Federal Regulators Get Closer to Abandoning Stringent New Fracing Rules
KRCL oil-and-gas trial lawyer Tom Ciarlone, in the latest episode of our energy law podcast, gets you up to speed on the status of stringent new fracing rules for federal and tribal lands, and also dials you into several important developments out of the Texas Supreme Court—including a little-known pitfall that could get your well […]