New Business Courts: Strategic Considerations for Oil and Gas Counsel
The Texas Business Courts will potentially impact a wide range of cases, from high-value contract disputes to intricate corporate governance issues.
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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COPAS Accounting Procedures: Key Litigation Perspectives
To many oil and gas lawyers the COPAS accounting procedure is sometimes an afterthought. But, in the context of JOA disputes, whether or not directly involving accounting issues, the COPAS procedure can have a critical impacts.
Cases Filed Before September 1, 2024 Cannot Be Removed to the Business Court As a Matter of Law
In a landmark oil and gas ruling, the Texas Business Court held that only cases filed on or after Sept. 1, 2024, may be removed under H.B. 19, rejecting retroactive application and clarifying the statute’s prospective scope.
Waiver of Arbitration in JOA Dispute
A non-operator waived its right to compel arbitration under a JOA by litigating the merits for nearly four years and moving to compel arbitration just a month before trial in a JIB payment dispute with the operator.
Producer's Edge: Volume 6, 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 eighth issue of Producer's Edge here....
Map Disputes and Damage Waivers: A Closer Look at ETC Tex. Pipeline v. XTO Energy
In this recent case, the Eastland Court of Appeals considered whether a gathering and processing agreement’s dedication provisions were void under the statute of frauds and whether broad contractual damage waivers barred recovery of both direct and indirect lost profits.