Oil & Gas

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Overview

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 virtually all aspects of upstream and midstream operations.

We regularly provide transactional counsel for buyers and sellers of large-scale oil and gas production properties. Dykema oil & gas lawyers also know the legal and regulatory infrastructure in which these properties are operated, 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.

Oil & Gas Acquisitions, Sales and Operations

We negotiate and draft the necessary documents for facilitating joint operating agreements, participation agreements, and joint ventures designed to minimize risks and tax consequences. We advise on royalty issues and other disputes concerning allocation of revenues and expenses and all varieties of surface use contracts and disputes.

We help clients acquire and dispose of producing and non-producing oil and gas properties by structuring and closing purchase and sale agreements and letter agreements. We can also structure the full range of production agreements (farmout, exploration, master service, drilling, 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.

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 also 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, production payment transactions, tax credit sales, like-kind exchanges, commercial mezzanine and derivative-based financings, equity-based financings, and private equity and venture capital funding.

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.

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