At the end of the year, I like to take stock—in summary form—of the leading decisions impacting the energy industry. Historically, this has been for my own personal reference, or something I share inside our firm with my partners. Since this crib sheet of sorts has been well received by my colleagues, I figured there […]
Oil and Gas Law: 2017 Year in Review
Texas Court of Appeals Decides Major Mineral Ownership Row
On December 14, 2017, the Corpus Christi Court of Appeals decided Haywood WI Units, Ltd. v. B&S Dunagan Investments, Ltd., et al., a long-running dispute over the ownership of minerals in Liberty County. The decision addresses mineral deed interpretation issues and the recoverability of attorneys’ fees under the declaratory judgment statute where non-possessory interests such […]
Pitfalls in Purchase and Sale Agreements in the Oil Patch
In this special episode of the firm’s energy law podcast, KRCL Director Bruce Flowers is featured in the first installment of a six-part series with guest speakers on a variety of key and emerging legal issues impacting the oil-and-gas industry. Bruce speaks on a topic that energy companies are grappling with all the time: pitfalls in purchase […]
Important Revisions To Federal Corrupt Practices Act Enforcement Policy
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 […]
United States Bullish on Mexican Energy
Last August, the United States joined Canada and Mexico to renegotiate the North American Free Trade Agreement more than 20 years after its enactment. Despite the political rhetoric surrounding what President Trump has termed “the worst trade deal in American history,” you would never suspect that there is a trade problem in the ports of […]
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 […]
Does Harvey Give You An Excuse: Force Majeure And Related Contract Doctrines
Force Majeure is a civil law concept (French for “superior force”), but in U.S. law it is largely a creature of contract. Force majeure comes into play when “acts of God” or other extraordinary events prevent contractual performance.[1] In the wake of Hurricane Harvey, a number of energy companies have declared force majeure or announced […]
The Tension Between Executives and Non-Executives in Mineral Leases
This week, KRCL’s energy law podcast addresses the fiduciary obligations of the executive rights holder to non-executive mineral interest owners, as well as an important appellate decision about acreage retention clauses keyed off of proration units. Also covered in this week’s episode: the Supreme Court of Texas agrees to settle a rift between the intermediate appellate […]
Harvey’s Aftermath For The US Oil And Gas Sector
In a recent installment of Law360’s “Expert Analysis” series, KRCL trial lawyer Tom Ciarlone explained why—as the U.S. oil and gas industry recovers from Hurricane Harvey—operators must also be aware that force majeure clauses, excusing nonperformance during natural disasters, may not provide as much cover as they might think. Tom’s column can be found here.