Well, Well, Well, What Do We Have Here? Acquiring Wellbore-Only Interests written by Andrew Clinton It has been generally accepted that acquiring wellbore-only interests as a Non-Operator is considered a relatively low-risk investment. In fact, many groups view such acquisitions as an entry point due to the perceived lower barrier to entrance and lack of… Read more »
It’s Not a Secret: How to Manage Confidentiality While Looking for Your Asset written by Matt Reynolds You have assembled your team, pooled your funds, or secured a backer; now, you just have to find the right asset to be the launchpad for your company’s growth. However, before potential sellers will show you their cards… Read more »
FTC Bans Non-Compete Agreements April 23, 2024 written by Tannon Symm On Tuesday, April 23, 2024, the Federal Trade Commission (“FTC”) voted to implement a new rule that would ban a majority of non-compete provisions for most American workers. This rule will make most previous non-compete provisions null and void and will restrict businesses from being able… Read more »
FTC Bans Non-Compete Agreements Update June 28, 2024 written by Tannon Symm According to the Code of Federal Regulations (“CFR”), a final rule that a federal agency has approved will become effective 120 days after being published in the Federal Register. That date has finally been set for the Federal Trade Commission’s (“FTC”) landmark rule… Read more »
Getting What You Pay For: Title Due Diligence written by Kaysha Spoon When purchasing assets, title due diligence is crucial to protecting your new investment. Before signing on the dotted line, you’ll need to verify ownership of the assets and uncover any potential defects that could threaten your interests. This process is often complicated by… Read more »
To Bind or Not to Bind? Letters of Intent written by Miranda Caballero A Letter of Intent (“LOI”), also commonly referred to as a term sheet, is an agreement between two (or more) parties that expresses the parties’ intent to pursue some transaction. The final definitive agreement and the underlying transaction can take many different… Read more »
Crude Data: Resolving Buyer Overload in Acquisition Due Diligence written by Andrew Clinton We’ve all become accustomed to the first uploaded link providing access to a Seller’s digitized contract as part of an acquisition and the related feeling of terror as the reader begins to wonder how to organize the laundry list of files and… Read more »
Uncovering Encumbrances: What Lies on the Surface for Renewable and Energy Transition Projects? written by Tannon Symm In the realm of property acquisitions, there are several considerations to keep in mind. For those involved in the renewable and energy transition sectors, awareness of surface encumbrances is particularly crucial. Surface encumbrances from the 30,000-foot view are… Read more »
Make Sure You Have a Way Out: The Importance of Off-Take Infrastructure For Renewable and Energy Transition Projects written by Jim Strawn Is your project site close enough to the grid? Having resources is pointless without access to markets. To address this issue for agricultural purposes, Texas implemented the Farm to Market Road System, which… Read more »
A Brave ReNEWable World: The Accommodation Doctrine and Renewable Energy Projects written by Matt Dishong What’s green, fuzzy, has four legs, and can hurt you if it falls out of a tree? The Accommodation Doctrine. Okay, so maybe that is not the standard answer to the age-old riddle (the answer is “a pool table”), but… Read more »
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