In its 36th year, The Ernest E. Smith Oil, Gas & Mineral Law Institute brings together all the major players in the field—attorneys, corporate lawyers, E & P operators and landmen—for one day of presentations on the latest in oil and gas developments, including the traditional case law update by Ernest E. Smith.
The 2010 program includes presentations by industry experts on Sheppard, horizontal drilling, the emergence of shale gas, bankruptcy and the insolvent operator, and more.
The Institute in Houston concludes with the Annual Meeting of the Oil, Gas and Energy Resources Law Section.
Registration Opens
Includes continental breakfast.
8:15 am
Welcoming Remarks
8:30 am
Preferential Purchase Rights: The Problem with Packages .50 hr
An examination of the operation of preferential purchase right provisions as they relate to transactions involving properties in addition to the one burdened by the right. Includes some of the issues surrounding allocation of the total purchase price to fewer than all properties in the package.
Everard A. Marseglia, Jr.
Liskow & Lewis - Houston, TX
9:00 am
Case Law Update 1.25 hr A review of recent decisions dealing with oil and gas leases, royalties, mineral conveyances, joint operating agreements, state regulation, and related topics.
Ernest E. Smith
The University of Texas School of Law - Austin, TX
10:15 am
Break
10:30 am
Horizontal Drilling: Potential Problems and Practical Solutions 1.50 hr
This session presents various horizontal drilling fact situations and suggests legal answers and practical solutions to the legal issues presented, such as implied covenants, rights of way, pooling, retained acreage, confusion of goods, royalties, and regulatory.
Joe W. Christina, Jr.
Porter, Rogers, Dahlman & Gordon, P.C. - Corpus Christi, TX
Douglas Jackson Dashiell
Scott Douglass & McConnico, L.L.P. - Austin, TX
Charles W. Gordon, IV
Porter, Rogers, Dahlman & Gordon, P.C. - Corpus Christi, TX
Pick up Box Lunch
Included in course registration.
12:30 pm
Geopolitics of Shale Plays .50 hr
The emergence of shale gas has dramatically altered the natural gas landscape. Developments in the North American gas market have changed forward views regarding LNG markets, and in the U.S. specifically, altered the perceived role of gas in meeting both environmental and energy security objectives. The upstream lessons learned in North America are now matriculating into Europe and Asia, and shale’s reach will likely extend well beyond our borders, affecting market developments, and hence the geopolitics of gas, for many years to come.
Kenneth B. Medlock, III
Rice University, James A. Baker III Institute for Public Policy - Houston, TX
1:00 pm
Break
1:15 pm
Legal Malpractice and Ethical Issues for the Oil and Gas Attorney 1.00 hr ethics
This presentation provides the anatomy of a legal malpractice case including the statute of limitations, what claims can be asserted, and what relief can be sought. Ethical issues including conflicts of interest and the fiduciary duty owed by the lawyer to the client are covered.
Robert L. Tobey
Johnston Tobey, P.C. - Dallas, TX
2:15 pm
Wagner & Brown v. Sheppard—Practical Considerations .50 hr
The Texas Supreme Court’s opinion in the case of Wagner & Brown v. Sheppard altered many practitioners’ understanding of the impact of pooling in Texas. In the wake of Sheppard, a more complete understanding of the opinion and the concerns that it has raised is essential to dealing with issues related to pooling.
William K. Abney
Lynch, Chappell & Alsup PC - Midland, TX
2:45 pm
Cost Recovery after Sheppard—What's up with That? .50 hr
An examination of the Supreme Court's cost analysis, and the effect on Texas law.
3:15 pm
Break
3:30 pm
Your Bridge over Troubled Waters: Planning for and Surviving the Insolvent Operator .50 hr
With so many operators on the cusp of insolvency, it is important for oil and gas attorneys to understand their clients’ rights against operators that do not pay debts owed to their clients or that file for bankruptcy. This presentation provides an overview of the bankruptcy process, including a discussion of the differences between Chapter 7 and Chapter 11 bankruptcy cases and what happens after a bankruptcy filing, including the “automatic stay” of creditors’ collection activities, the treatment of contracts with the debtor, secured and unsecured claims, the Chapter 11 plan process, and related issues. Also includes the importance of obtaining lien rights against insolvent operators and the methods for obtaining them.
Jonathan S. Covin
Wick Phillips, LLP - Dallas, TX
Gary C. Johnson
Shore Freeman Mills PC - Tyler, TX
4:00 pm
Lease Maintenance Issues .50 hr
The pitfalls of waiting until the last minute to keep your lease alive.
Ben Elmore
Perdue & Kidd, LLP - Houston, TX
4:30 pm
Ten Pitfalls in Mineral and Royalty Conveyances .50 hr
Traps for the unwary or unskilled attorney drafting deeds involving minerals or royalty in whole or in part: How to see them. How to avoid them.
Ronald D. Nickum
Attorney at Law - Amarillo, TX
5:00 pm
Adjourn Institute
5:15 pm
Annual Meeting of the Oil, Gas and Energy Resources Law Section of the State Bar of Texas
Immediately following the Institute in Houston Only - All members of the Oil, Gas and Energy Resources Section of the State Bar are invited to join the Section's Council members for the 2010 Annual Meeting of the Section. Elections of Council officers and new Council members will be held, and there will be reports on the Section's activities over the past year.
The State Bar's oldest Section, the Oil, Gas and Energy Resources Law Section has more than 2,400 members. It sponsors two major institutes each year, in addition to the Ernest E. Smith Institute, and publishes a quarterly section report containing a variety of updates and articles on energy law topics. Associate memberships are available to non-lawyers and non-Texas lawyers. Membership inquiries should be directed to Timothy Brown, Secretary and Membership Committee Chair, at 832-636-7560.
Norma Rosner Iacovo, Chair, Oil, Gas and Energy Resources Law Section
Texas MCLE: Course #901191253 7.25 hrs, includes 1.00 hrs ethics
Credit is submitted to the State Bar of Texas within seven business days following the conference. To claim immediate credit, self-report via the SBOT web site at http://www.texasbarcle.com/CLE/home.asp
Legal Specialization: Oil, Gas and Mineral Law
California MCLE: Provider #1944 7.25 hrs, includes 0.00 hrs ethics
This course is approved for California MCLE credit. A Certificate of Completion and related course reporting documentation for CA MCLE credit will be available at the conference.
See CA Report Compliance for more information.
Other Jurisdictions: LA, NM, OK, NV, etc.
Many jurisdictions accept courses offered by the University of Texas School of Law, and approved by the State Bar of Texas, for CLE credit. Please check with your state bar association. A Certificate of Completion, and related course reporting documentation for MCLE credit will be available at the conference.
Our attorneys have extensive experience in Texas and Louisiana oil, gas, and energy-related transactions and litigation, including acquisitions and dispositions of producing properties, energy loans, title examination, trials and appeals in both State and Federal Courts in Texas and Louisiana. Our attorneys have been employed by the largest oil and gas companies and by major independents as part of their past experience. Our firm has acted as counsel for small to large independents in title examination, due diligence and acquisitions. We have represented both buyers and sellers in multi million-dollar acquisitions and divestitures. We have extensive experience in representing both lessors and lessees in oil and gas leasing. Our firm has been at the forefront of recent seminal issues in oil and gas litigation, such as subsurface trespass by hydraulic fracture stimulation, measure of damages for surface damages, and pooling issues. www.jonesgill.com
MSM has an active and growing trial, appellate and regulatory practice and advises clients in the fields of oil and gas, environmental, land title, solid and hazardous waste, groundwater and surface water rights, air and water quality, groundwater remediation, toxic torts, electric utility, gas utility, wind power, renewable energy, land use, legislative analysis and general administrative law. Their clients cross the spectrum from multi-national corporations to local governmental entities and small landowners. www.msmtx.com
Scott, Douglass & McConnico, L.L.P. is one of the top oil and gas, natural resources and energy litigation firms in the nation. For years, they have litigated issues involving the ownership, operation, exploration, production, regulation, processing, transportation and taxation of hydrocarbons and other natural resources. They represent royalty owners, producers, transporters, traders, refiners and governments. www.scottdoug.com
Shore Freeman Mills PC has 14 attorneys dedicated to providing legal and business advice to the energy industry and related businesses. www.shorefreemanmills.com
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