Agreement From the Start: Understanding the Various Transactional Instruments written by Andrew Clinton Published December 6, 2024 Many transactions have that awkward moment where the napkin sketch of the basic deal terms is followed by an overwhelming sense of confusion about which instrument must be drafted to help confirm and formalize the parties’ intentions. To… Read more »
We All Need Somebody to Lien On: Liens Against Mineral Property written by Tannon Symm Published July 3, 2024 In the oil and gas industry, ensuring payment for work performed and materials furnished is critical to maintaining a successful operation. While Joint Operating Agreements (“JOAs”) offer lien rights among participating parties, the Texas Property Code… Read more »
Creditor Rights Under Joint Operating Agreements written by Jim Strawn Published August 8, 2024 Periods of downturn in the oil and gas industry often bring with them a host of legal complexities. From questions surrounding ownership rights—such as shut-in lease provisions, production in paying quantities, and operational clauses—to the renegotiation of midstream contracts and the… Read more »
Force Majeure in 2025: Texas Courts Demand Clarity in Oil & Gas Contracts written by Miguel Otero Published September 4, 2024 Generally speaking, a force majeure clause is a contractual provision allocating the risk of loss if performance becomes impossible or impracticable, especially as a result of an event or effect that the parties could… Read more »
We Need a Contract…But What Type of Contract? written by Matt Reynolds Published April 3, 2024 Negotiating and entering into contracts is an inevitable part of every business. As almost anyone who has gone through the process can attest, starting with the right type of contract is one of the most important first steps. Different… Read more »
The Pain Points of NDAs: Understanding the Challenges written by Katie Parker Published May 1, 2024 Non-Disclosure Agreements (“NDAs”) are a staple in the business world, providing protection for confidential information and ensuring sensitive data stays secure. NDAs aim to keep information safe from falling into the wrong hands, whether you are an employee, contractor,… Read more »
More Tiers for Less Tears: Tiered Insurance Programs in MSAs written by Saayem Rahman Published June 5, 2024 The oil and gas industry is an industry of high risk and high reward, and where there is risk, insurance follows. These risks exist for upstream, midstream, and downstream companies alike. To offset this risk, oil and… Read more »
What To Do as a Non-Operator When Your Operator Goes Bankrupt written by Matt Reynolds As owner of oil and gas assets, you can often feel that a lot of what happens to those assets is out of your control. This is never more true than when the Operator of your assets goes bankrupt. When… Read more »
JIB Audits for Non-Ops (Unlike IRS Audits, These Work in Your Favor) written by Matt Reynolds In a perfect world, the relationship between an oil and gas Operator and its Non-Operators is one of harmony and complete trust, with the flow of funds and costs of operations completely transparent and all associated accounting timely and… Read more »
Non-Op Litigation: Are You Being Dragged Along for the Ride? written by Matt Reynolds When you are not the Operator of your assets, you have less control over the types of litigation risks that you may face. If your Operator is not paying royalties correctly, is in dispute with one of its vendors, is facing… Read more »
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