Gray Reed & McGraw LLP

Gray Reed & McGraw is a Texas-based, full-service law firm with over 120 lawyers in Dallas and Houston. Since 1985, our firm philosophy has been to provide high-quality legal services in a streamlined manner, to provide sophisticated and complex legal advice that is reasonably priced, and to provide big-firm results with small-firm efficiency. For 30 years, we have dedicated ourselves to achieving success for our clients, as they define success – whether that is winning a critical lawsuit, closing a key deal, consulting to save taxes, or just giving good business advice to avoid disputes.

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Latest from Gray Reed & McGraw LLP

Energy & the Law

Lessons from an Operating Agreement Dispute

By Charles Sartain

September 25, 2020

Co-author Rusty Tucker Jatex Oil & Gas, L.P. v. Nadel & Gussman Permian, L.L.C. presents several teachable moments: The Texas Property Owner Rule does not allow a non-expert testify on matters requiring expert testimony. The operator may pay proceeds from a well to the lender to whom the working interest owner made a collateral assignment of net revenues from the well. A claim for failure to act as a reasonbly prudent operator for failing to…

Energy & the Law

How Will the Texas Railroad Commission Address Gas Flaring?

By Charles Sartain

September 15, 2020

Gas flaring, especially in the Permian and the Eagle Ford, is coming in hot these days at the Texas Railroad Commission. Presented here are viewpoints from several stakeholders in the discussion. My comments are summaries. For a fuller understanding please read the reports for yourself. The players are in general agreement on several points: There needs to be an end to routine gas flaring. Texas flares a lot of gas: About as much annually as…

Tilting the Scales

Homeschooling: Too Cool For School?

By Cleve Clinton

September 2, 2020

After learning that Buxboro Independent School District would not re-open campuses until September 8th and dismayed that her children Digger (12), Trixie (9) and Hustler (5) would not receive personal instruction, Anna Nicole Pawlenty posted on a Facebook mom group “I’m in Buxboro, and I’m ‘podding up.’ Who’s with me?” . Can just anyone home school their children? What are the implications?…

Energy & the Law

Lignite Lease Prevails Over Pipeline Easement

By Charles Sartain

September 2, 2020

Co-author Rusty Tucker San Miguel Electric Coop is a Texas nonprofit electric cooperative that owns and operates a power plant that supplies electricity to 38 Texas counties. After a four-week absence, they return to these pages, this time in DCP Sand Hills Pipeline, LLC v. San Miguel Elec. Coop., Inc. Read on to learn about the “paramount importance doctrine”.…

Energy & the Law

Company Man Wins MSA Dispute

By Charles Sartain

August 26, 2020

A fellow walks into a bar in New Orleans. “What’ll it be?” “A Corona and two Hurricanes,” says he. “Here you go. That’ll be $20.20.” Co-author Rusty Tucker Now, on to operations in hurricane-free New Mexico. Lessons from BEPCO, L.P. v. RMTDC Operations, LLC d/b/a Total Energy Services: Hire a good company man and trust him Get a good expert for trial Prep your witnesses well for deposition and trial…

Texas Construction Law Blog

Lien Inception

By Joe Virene

August 24, 2020

When owners file bankruptcy or projects otherwise go south, lien priority often comes to the forefront. The idea is relatively simple. Priority is how courts determine which creditors get paid first. This often pits lenders against M&M lien claimants. For lenders, their liens typically arise when they record their deeds of trust. However, for M&M lien claimants, the Texas Property Code has very specific rules that must be followed. The Code provides that a “mechanic’s…

Energy & the Law

Industry Custom Determines Who Pays for a Well Emergency

By Charles Sartain

August 20, 2020

Co-author Rusty Tucker Who pays for fluid containment in an oil field emergency? It depends on your contract and, we are told in Pearl Resources, LLC v. Charger Services, LLC, oil and gas industry custom.…

Energy & the Law

When is a “Gross Proceeds” Royalty not Paid on Gross Proceeds?

By Charles Sartain

August 13, 2020

Co-author Rusty Tucker Devon Energy Prod. Co., et al. v. Sheppard, et al is your kind of case if you are in search of: A roadmap for slicing and dicing royalty calculations in myriad ways, Pretty good summaries of the Supreme Court’s notable decisions in Heritage Resources v. NationsBank, Judice v. Mewborne Oil, Chesapeake Exploration v. Hyder and Burlington Resources v. Texas Crude. (pp 12-19) A description of the gas fractionation process. For you scriveners:…

Energy & the Law

Partition Agreement Outweighs Coal Surface Destruction Test

By Charles Sartain

August 7, 2020

Co-author Rusty Tucker In Wheeler et al v. San Miguel Electric Cooperative, we learn – again – the difficulty in asserting a position in litigation that is contrary to the actual words in the agreement you are fighting over.…

Energy & the Law

OSHA Issues Guidelines for the Energy Industry

By Charles Sartain

August 3, 2020

Co-authors Marcus Fettinger and Chance Decker Being from the government and here to help you, the Occupational Safety and Health Administration has issued guidance for oil and gas industry workers and employers in light of the increased risk of workplace exposure to COVID-19. The guidance provides three categories of workplace safety measures for employers to follow: engineering controls; administrative controls; and safe workplace practices. What is “guidance”? Consider it a suggestion with implications. Gray Reed…

Gray Reed & McGraw LLP

Gray Reed & McGraw LLP Blogs

Blog Authors

Lessons from an Operating Agreement Dispute

How Will the Texas Railroad Commission Address Gas Flaring?

Homeschooling: Too Cool For School?

Lignite Lease Prevails Over Pipeline Easement

Company Man Wins MSA Dispute

Lien Inception

Industry Custom Determines Who Pays for a Well Emergency

When is a “Gross Proceeds” Royalty not Paid on Gross Proceeds?

Partition Agreement Outweighs Coal Surface Destruction Test

OSHA Issues Guidelines for the Energy Industry

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