Royalty Recoupment: Operator's Primer for Recovering Overpayments
For oil and gas operators, few things are more frustrating than discovering you may have been overpaying royalties to a person or entity in your paydeck.
Austin Brister
Austin represents Texas operators and non-operators in complex issues and disputes. He seeks practical solutions to avoid litigation, but adopts aggressive courtroom strategies when necessary.
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Producer's Edge: Volume 5, Issue 1
McGinnis Lochridge's Oil & Gas Newsletter: Producer's Edge keeps clients informed about Texas oil and gas case law, regulatory updates, and insightful articles relevant to the oil and gas community. Download the seventh issue of Producer's Edge here....
Lay or Expert Testimony as to Lost Returns from a Well? Corpus Christi Holds the “Property Owner Rule” Inapplicable
This case emphasizes the critical role expert testimony can play in oil and gas litigation. Securing the right testimony is just one aspect of the challenge; it is also critical to plan ahead to ensure the evidence is properly admissible.
Interpreting Contractual Time Periods in Texas
A major Texas Supreme Court decision unpacks common but thorny issues in oil and gas agreements - from measuring time periods to interpreting reassignment clauses and back-in rights - showing how subtle drafting choices can have massive consequences.
Assignment’s Definition of “Assets” Held Broad Enough to Include Lease Not Described
A winning strategy in an assignment interpretation case often involves finding a persuasive harmonization between the form of assignment and the exhibit containing property descriptions.
Exculpatory Clause Held Not to Cover Liabilities Knowingly Incurred Without Consent
Exculpatory provisions are important considerations in JOAs. They can provide protection from certain claims and liabilities as an inducement to serve as the operator.