In Texas, the long-standing “rule of capture” controls claims for subsurface trespass predicated on hydraulic fracturing activities. The rule of capture is, of course, shorthand for the theory that landowners acquire title to the minerals they produce from wells on their land, even when some of the oil or gas migrates from adjoining tracts.
Ah, the “data dump”: Party A sends a request for production; Party B gives responsive documents plus an extra 50,000 pages. The tactic is used by plaintiffs’ and defense attorneys alike – and in each scenario, the receiving side feels the pain.
In the latest episode of our energy law podcast, the co-chair of KRCL’s Transportation Practice Group, Daniel Guerra, speaks to the many pitfalls and advances lying at the intersection of technology, trucking, and railroads in the oil patch.
Although the New Year is still young, there are already many legal developments to report in the oil and gas sector. In no particular order, this is a cross-section of what has emerged at the intersection of the law and the energy industry thus far in 2018.
In the newest episode of our energy law podcast, the head of KRCL’s Distressed Strategies Practice Group, Michael Ridulfo, discusses some of the bankruptcy pitfalls facing even the healthiest of companies operating in the upstream and midstream segments.
In this week’s episode of the firm’s energy law podcast, labor and employment partner AJ Johnson is featured in the second installment of a six-part series with guest speakers from Kane Russell Coleman Logan PC on a variety of key and emerging legal issues impacting the oil-and-gas industry. AJ tackles a topic that is a perennial headache […]
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 […]
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 […]
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 […]
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 […]