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The Evolving World of Incident Scene Video: The Retailers Friend or Foe?

As defense counsel to multiple retail clients across the United States, one of the most common things we encounter in personal injury claims is the presence (or oftentimes the absence) of video of "the incident." In today's world where […]

SCOTX: When An "Offset Well" Is Not An Offset Well

Earlier this month, in Murphy Exploration & Production Co. USA v. Adams, a deeply divided Texas Supreme Court departed from the venerable "plain-language rule" of contract construction when it determined that a lease requiring the operator […]

Thomas G. Ciarlone Jr.

U.S. Supreme Court to Decide Whether Federal Arbitration Act Covers

This term, the United States Supreme Court will address whether an exemption to the Federal Arbitration Act (FAA) for certain transportation workers applies to claims by independent contractors. The issue before the Supreme Court is on appeal from the […]

Oil and Gas Law: 2Q18 Update

Offset Wells and Liquidated Damages as Unenforceable Penalties. Oil-and-gas leases—at least those drafted by savvy mineral owners—will often include an offset drilling clause. Such clauses stipulate that, if a well is drilled on a neighboring […]

Thomas G. Ciarlone Jr.

Condemnation and Eminent Domain in the Oilfield and Beyond

In the latest episode of our energy law podcast, the Managing Partner of KRCL's Houston office, Marcy Rothman, addresses recent developments on a topic that pipelines and other energy companies confront on a regular basis: condemnation and eminent […]

Why Force Majeure Provisions Deserve Your Attention

In light of multiple recent natural disasters that have taken place, it is important to understand the impact of a poorly drafted force majeure provision. Force majeure concerns are most likely to arise due to partial performance, delayed performance […]