Election Roundup: How a Trump Administration Could Shape the Oil and Gas Landscape
Election Roundup: How a Harris Administration Could Shape the Oil and Gas Landscape
The Vital Importance of Pipeline and Transmission Infrastructure to Decarbonization - Energy Law Insights
Energy Contracting and the Hidden Power of the Force Majeure Clause - Energy Law Insights
Brad Gibbs Discusses the Intersection of Renewables and Oil and Gas in Emerging Surface Use Issues
Renewable Natural Gas and the Promise of a Cleaner Future
Oil & Gas M&A Deal Activity & Outlook--Part 1
The Consequences Of Rising Inflation & Crude Oil Prices
The New Cold War: Risk, Sanctions, Compliance Episode 22: "Focus on Iran: Protests, Sanctions and Oil"
Putin's Oil Heist - Episode 1: Putin's Plan
Defense In-Depth: Cybersecurity For Energy
Energy Horizons: Disaccoppiamento del prezzo dell’energia da quello del gas: quali impatti sulle rinnovabili?
Business Associate Data: The Foundation In Oil & Gas Transactions
ASC 842: Private Companies On The Clock After Delay
Handling Oil & Gas Issues in Trial and Appellate Courts | Wesley Lloyd | Texas Appellate Law Podcast
Moving Energy Forward: Putting Learning To Work
Renewable Diesel: The Next Generation Of Biofuels
2021 NAPE Summit: Energy Takes Center Stage
On-Demand Webinar | Linear Infrastructure Redux: Adapting Your Projects to Meet the New Regulatory Climate
Energy & Infrastructure: Renewables Driving Change in the Investment Landscape
Acreage dedications in midstream oil and gas contracts have been subject to considerable scrutiny and legal debate in recent years. This article provides an overview of the current state of acreage dedications, examining key...more
In a decision that once again evidences the Fifth Circuit’s strong stance on the finality of asset sales in bankruptcy absent a stay of the applicable order, on March 8, 2023 the United States District Court for the Southern...more
In Federal Energy Regulatory Commission v. Ultra Resources, Inc. (In re Ultra Petroleum Corp.),1 a panel of the Fifth Circuit Court of Appeals (the “Fifth Circuit Panel”) provided valuable clarity regarding a 2004 decision in...more
US Bankruptcy Judge Mary F. Walrath of the District of Delaware entered an order on April 21 in In re Nine Point Energy Holdings, Inc., Case No. 21-10570 (MFW) (Bankr. D. Del. Apr. 21, 2021), finding that Caliber Measurement...more
Is a midstream contract treated the same as other executory contracts in bankruptcy, subject to assumption and rejection pursuant to the US Bankruptcy Code? An executory contract is any contract of the debtor where both the...more
In a leading precedent handed down in 2018—Sabine Oil & Gas Corp. v. Nordheim Eagle Ford Gathering, LLC (In re Sabine Oil & Gas Corp.), 734 Fed. Appx. 64 (2d Cir. May 25, 2018)—the U.S. Court of Appeals for the Second Circuit...more
The oil and gas industry in the United States is highly dependent upon an intricate set of agreements that allow oil and gas to be gathered from privately owned land. Historically, the dedication language in oil and gas...more
It is common for E&P companies in chapter 11 to seek to reject burdensome midstream contracts under Bankruptcy Code § 365. Rejection has not been permitted by bankruptcy courts where such agreements create enforceable...more
Over the past five years, bankruptcy courts have analyzed whether oil and gas producers’ contracts with midstream oil, gas, and produced water companies may be rejected if they create covenants running with the land. Through...more
Variations in How States Treat Oil & Gas Leases Make Dispositions Complicated - Ability of a debtor to assume, assign, or reject oil and gas “leases” under section 365 of the Bankruptcy Code - Section 365(a) of the...more
The oil price plunge starting on March 6 seems like a sucker-punch to the oil and gas industry after the price decreases and market unrest as a result of COVID-19. However, for those with capital to spend, including...more
Even before coronavirus concerns, the slump in oil demand placed considerable financial stress on oil exploration and production companies. With Saudi Arabia and Russia unable to reach an agreement on crude production, oil...more
Except for disastrous fires that sparked the largest bankruptcy filing of the year, liabilities arising from the opioid crisis, the fallout from price-fixing, and corporate restructuring shenanigans, economic, market, and...more
A series of decisions over the past year — on issues such as make-whole premiums, intercreditor agreements, backstops for rights offerings and nonconsensual third-party releases — will likely have a significant impact in 2020...more
On December 20, 2019, the Bankruptcy Court for the Southern District of Texas in Alta Mesa Holdings, LP v. Kingfisher Midstream, LLC (In re Alta Mesa Resources, Inc.) held that dedications in gathering agreements create...more
Dedication language is critical in determining whether a gathering agreement creates a covenant running with the land. Midstream companies now have a roadmap for ensuring that a debtor remains subject to a midstream...more
On December 20, 2019, Judge Marvin Isgur of the United States Bankruptcy Court for the Southern District of Texas became the second court this year to limit the reasoning of In re Sabine Oil & Gas Corp., 550 B.R. 59 (Bankr....more
On December 20, 2019, the United States Bankruptcy Court for the Southern District of Texas (Marvin Isgur presiding) entered a memorandum opinion and order finding that midstream gathering agreements created covenants running...more
A Colorado bankruptcy court has departed from the widely reported holding in Sabine Oil that permitted a debtor to reject a certain midstream gathering agreement. On September 30, 2019, the United States Bankruptcy Court for...more
Nabors Offshore Corp. v. Whistler Energy II LLC is the rare bankruptcy case where the outcome was consistent with the realities of operating in the oil patch rather than the artificial constraints of the Bankruptcy Code. The...more
Here’s an update on recent political, social, and economic developments in Venezuela. From our perspective as a blog focused on insolvency and restructuring topics, the upshot of what’s been taking place in Venezuela is that...more
In a highly anticipated decision—Sabine Oil & Gas Corp. v. Nordheim Eagle Ford Gathering, LLC (In re Sabine Oil & Gas Corp.), 734 Fed. Appx. 64, 2018 WL 2386902 (2d Cir. May 25, 2018)—the U.S. Court of Appeals for the Second...more