Dykema lawyers are active participants in the oil and gas business. Clients come to us because we understand the industry, and we are comfortable dealing with company presidents, landmen and other technical specialists, and landowners. Many of our client relationships extend back decades, and our firm has represented independent oil operator and successor organizations for more than 40 years in preparing leases, contracts and operating agreements.
We regularly provide due diligence guidance for buyers and sellers of oil and gas production properties. Dykema oil & gas lawyers know the regulatory infrastructure in which these properties operate, and understand the various instruments used in the field, such as engineer’s reports on reserves and the details of a land title. We bring a sense of perspective to these transactions because we have done so many of them, and never let unimportant details get in the way of completing the deal. Because of the time and cost efficiencies we bring to our work, we are often able to complete deals in a matter of days.
Oil & Gas Acquisitions, Sales and Operations
We negotiate and draft the necessary documents for facilitating joint operating agreements, leases, and other forms of joint ventures designed to minimize risks and tax consequences. We advise on royalty issues and other disputes concerning allocation of revenues and expenses.
We help acquire and dispose of producing and non-producing oil and gas properties, structure the full range of production agreements (farmout, exploration, master service, joint venture, gas sale and purchase), and facilitate transportation, gathering and processing arrangements. We handle oilfield and drilling services contracts and master service agreements, form joint ventures and other project-specific business entities, and resolve risk allocation and indemnity disputes. Our lawyers are knowledgeable in all aspects of oil, gas and mineral leases, and regularly work with seismic licensing, data acquisition and use agreements.
We also handle all other production and exploration contractual matters, including:
- Turnkey and other drilling agreements
- Participation agreements
- Seismic data and seismic licenses
- Surface and subsurface easements
- Equipment leases
- Oil and gas leases
Oil & Gas Finance
We understand lender concerns about confirming borrower ownership of oil and gas interests, and about the details of a title review to confirm that ownership. Our lawyers have represented financial institutions for more than 25 years in oil and gas loan transactions, including funding of gathering and transportation pipeline construction projects by joint ventures.
That kind of experience on the lender side means we can help production companies secure the financing they need, even under the most time-sensitive conditions. We have helped independent producers arrange conventional mortgage and bond financing, as well as production payment transactions, tax credit sales, commercial mezzanine and derivative-based financings, and equity-based financings.
Oil & Gas Litigation
Our familiarity with the energy industry enables us to try, settle, arbitrate or mediate disputes to a conclusion, including those that involve:
- Lease termination
- Unauthorized pooling and bad faith pooling
- Disputes with royalty and working interest owners
- Oilfield service and other operating contracts
- Trespass and surface damage disputes
- Gross negligence claims
- Debt offset issues
Our experience in energy-related litigation reflects our knowledge of the industry, and because we understand our clients’ business we can often devise creative business transactions that resolve an acrimonious situation by helping the parties work together as partners.
- September 6, 2016
- "Fun New Ways for Density and Proration Rules to Bust Your Lease: Retained Acreage Clauses and ‘Governmental Authority’ Language in the Wake of Three Recent Texas Cases"Section Report of the Oil, Gas & Energy Resources Law Section, State Bar of TexasSpring 2016
- Landman MagazineNovember/December, 2013
- "Constructive Termination and Nonrenewal under the Petroleum Marketing Prices Act," Author David Vanderhider, posted on the American Bar Association Energy Litigation Committee website
- "The New Organic 'Texas Tea'?: National Energy Security Implications of a Regulatory 'Clean Fuel' Ban on Texas Biodiesel"Texas Tech Law Review Volume 40, No. 4Winter 2008
- February 9, 2017
- May 24, 2016
- A Primer on Oil and Gas Regulation in Texas, Part I: Spacing and Density, Permian Basin Landmen's Association Education Seminar, Midland, TexasApril 22, 2015
- Nuts and Bolts of the Division Order Title Opinion, Half Moon Seminar’s Agreements and Disputes in Oil and Gas ProductionOctober 12, 2012