On March 2, 2016, Aubrey McClendon, the former head of Chesapeake Energy, was indicted on federal antitrust charges. One day later this pioneer and leader in the shale revolution tragically died in a car accident in Oklahoma. Although the criminal […]
On Friday, the Texas Supreme Court ruled that production payments, like overriding royalty payments, cannot survive the termination of their respective oil and gas leases. In doing so, the Supreme Court stamped out a potentially “backwards” line […]
An opinion delivered by Judge Harmon this week, in Dewan v. M-I, L.L.C. (2016 Westlaw 695717, Feb. 22, 2016), provides clarity in this murky area, much-needed particularly in the oil industry. Dewan holds that “mud men” or “mud engineers” are […]
On Friday, the Texas Supreme Court issued a significant decision covering premises liability. Specifically, it determined whether premises liability exists for a prior owner that designed and implemented a dangerous condition on the land, but then […]
That each of my children shall have and hold an undivided one third (1/3) of an undivided one-eighth (1/8) of all oil, gas or other minerals in or under or that may be produced from any of said lands, the same being a non-participating royalty interest […]
It’s no secret that hydraulic fracturing is squarely within the crosshairs of environmental crusaders and other activist groups across the nation. Be they tall tales of kitchen sinks transformed into miniature flamethrowers or fanciful claims that […]
In Chesapeake v. Hyder, the Texas Supreme Court addressed the proper calculation of a “cost-free” overriding royalty interest (“ORRI”). The court has now asked the Hyders to respond to Chesapeake’s motion for rehearing of the decision in the […]
We see this scenario all too often – invoices were marked “net 30 days” and, for the entire shale boom, they were always paid timely or at least within the next month. But now your customers are asking for net 60, 90, even 120 day schedules, which […]
Numerous Fair Labor Standards Act (the “FLSA” or the “Act”) lawsuits (and Department of Labor audits) have targeted gobs of well-intentioned energy companies, from the largest service companies (such as Baker Hughes) down to the “mom and pop […]
In Tetra Techs., Inc. v. Continental Ins. Co., No. 15-30446, currently before the Fifth Circuit, the lower court’s decision hinges on an interpretation of the phrase “pertaining to a well” to determine if the Louisiana Oilfield Anti-Indemnity […]
This is the situation in which Houston based Hyperdynamics Corporation (“Hyperdynamics”) found itself. In September 2013, Hyperdynamics received subpoenas from the DOJ pertaining to potential violations of the Foreign Corrupt Practices Act (“FCPA […]
Listing under the Endangered Species Act (ESA) would have gained the Greater Sage-Grouse greater protections in its natural habitat, and made production of minerals in those same areas all the more difficult. The bird, although not flightless, primarily […]