Leveraging Acreage Swaps for Strategic Growth: How 1031 Exchanges Can Enhance Oil and Gas Deals written by Jacob Wilson In the world of oil and gas, strategic land positioning can determine whether a company thrives or stagnates. Consider two operators who each own non-contiguous acreage in the same formation—one in the northeast quadrant of a… Read more »
Buyer be WARNed: An Overview of Potential Issues in Workforce Transitions written by Dean Goodrich Published March 6, 2025 In the ever-evolving landscape of the energy sector, a seemingly straightforward piece of federal legislation —the Worker Adjustment and Retraining Notification (WARN) Act —frequently emerges as a pivotal factor in transaction structuring and risk mitigation. Enacted… Read more »
Finding, Funding, and Flipping written by Matt Reynolds Published October 3, 2024 The business model of many oil and gas developers can be boiled down to three points: Finding, Funding, and Flipping. The order, preparation, and strategy put into place around these points are often the major determining factors in whether a business will be… Read more »
Avoiding Pitfalls: Common Closing Mistakes in Commercial Transactions written by Miranda Caballero Published November 8, 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 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 »
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