Posts By: Rachel

Avoiding Pitfalls: Common Closing Mistakes in Commercial Transactions written by Miranda Caballero Published June 6, 2024 When it comes to commercial transactions, the closing phase is often viewed as the final sprint in a marathon of negotiations, due diligence, and legal maneuvering. However, even at this critical juncture, mistakes can still derail deals, trigger disputes,… Read more »

Agreement From the Start: Understanding the Various Transactional Instruments written by Andrew Clinton Published June 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 May 7, 2025 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 Published May 7, 2025 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 enforcement of creditor rights,… Read more »

Force Majeure in 2025: Texas Courts Demand Clarity in Oil & Gas Contracts written by Miguel Otero Published May 7, 2025 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 10, 2025 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 Published April 10, 2025 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, or business partner. However,… Read more »

More Tiers for Less Tears: Tiered Insurance Programs in MSAs Published April 10, 2025 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 gas companies require various… Read more »

What To Do as a Non-Operator When Your Operator Goes Bankrupt written by Matt Reynolds Published April 3, 2024 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… Read more »

JIB Audits for Non-Ops (Unlike IRS Audits, These Work in Your Favor) written by Matt Reynolds Published April 3, 2024 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… Read more »