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.

Texas Court Opines on Climate Lawsuits

By Charles Sartain

July 2, 2020

In combined cases featuring California cities of San Francisco, Oakland and San Mateo and several California counties and public officials against Exxon Mobil Corporation, Texas’ Fort Worth Court of Appeal denied Exxon Mobil’s request for pre-suit discovery to evaluate potential claims for constitutional violations, abuse of process, and civil conspiracy. No personal jurisdiction Exxon Mobil alleged that California state court climate-change lawsuits are designed to suppress Exxon’s Texas-based speech and associational activities. The cities, counties,…

Energy & the Law

Limitations Bars an Heirship Proceeding

By Charles Sartain

June 30, 2020

Co-author Rusty Tucker Estate of Trickett was a dispute over heirship of Claralyn Trickett, possibly the wife of Robert Bowerman (who must have forgotten to divorce his previous wife). The descendents of Claralyn brought a quiet title action and an heirship proceeding against the heirs of Robert, who claimed an interest in his estate by virtue of his marriage to Claralyn. The trial court abated the quiet title suit while the parties fought over Claralyn’s…

Tilting the Scales

Can an Email Exchange Modify a Lease?

By Cleve Clinton

June 22, 2020

Before the pandemic, Ernest Bux’s niece Chit Bux signed a lease with Iona Mall in an upscale strip shopping center and hired a contractor to build out her dream business – a beauty salon “Cuts & Fluffs.” When Dallas County ordered businesses to shutter last spring, Chit’s “essential business” construction on her salon continued toward meeting the originally scheduled July 1st opening date – perhaps the worst time to open a high-touch, close-quarters beauty salon.…

Energy & the Law

Mineral Reservations and “Terminological Inexactitude”

By Charles Sartain

June 18, 2020

Co-author Robbie S. Morris Channeling Winston Churchill, Gray Reed lawyer Robbie Morris urges caution for document writers and the clients who hire them: Drafting a deed is not, as many view it, a clerical undertaking. Nothing can take the place of a diligent inquiry (by all parties and their counsel) into how the grantor derived the title in which he or she purports to be vested. One example would be a real estate transaction in…

Energy & the Law

Texas Supreme Court to Consider Continuous Development Clause

By Charles Sartain

June 16, 2020

Co-author Chance Decker The Texas Supreme Court has agreed to hear oral arguments in a dispute over an “accumulation” provision in a continuous development clause of an oil and gas lease. The case is Endeavor Energy Resources L.P. v. Energen Resources Corp. et al. Here’s the language: …this lease shall terminate … [150] days after the expiration of the primary term unless during such [150] day period Lessee has commenced operations for the drilling of…

Energy & the Law

Texas Supreme Court Puts Perpetuities in Limbo in Anti Washout Clauses

By Charles Sartain

June 5, 2020

Real author Paul Yale You’re in for a treat today; a report from my Gray Reed partner Paul Yale on the Texas Supreme Court decision, Yowell v. Granite Operating et al, dealing with anti-washout clauses in assignments of overrides and that bane of all first year law students, the Rule Against Perpetuities. The Court, in Paul’s view, has taken a step back from promoting title certainty by injecting the Cy Pres Doctrine into the already complex…

Tilting the Scales

COVID-19 v. the Constitution: The Conflict Continues

By Bill Drabble

June 3, 2020

united-states-constitution-on-american-flag-picture-id1152320541 (1)

The extraordinary measures designed to slow the spread of coronavirus (COVID-19) continue to cause constitutional clashes. My last post’s opening hypothetical about members of a congregation being ticketed for attending church services has now become a reality, and the Supreme Court has given its first hint on how it would strike the balance between fundamental constitutional rights and the government’s interest in preserving public health.…

Energy & the Law

Marcellus Pipeline Permits Rejected by New York and New Jersey

By Charles Sartain

May 25, 2020

If you follow the Marcellus shale there are political developments you should know about. Daniel Markind, a partner in the Philadelphia office of Flaster Greenberg PC, gave me permission to share this recent blog post. Devastated By Coronavirus, New York’s Pipeline Politics Ensure A Tougher Second Round By: This article originally ran on Forbes.com on May 20, 2020. All rights reserved. Approximately 30% of all confirmed coronavirus cases in the United States have been…

Energy & the Law

Offer to Acquire Leases Could Not be Conditioned on a JOA

By Charles Sartain

May 19, 2020

Let’s begin with a quiz: What is a “Labor” ? Assuming you met one face to face, how big is would you expect it to be?* From Great Western. Drilling, Ltd. v. Pathfinder Oil & Gas, Inc. we learn that if you want one agreement to be conditioned on execution of another one, you’d better say so … in writing … in the first one. Texas courts look for ways to avoid conditions precedent.…

Energy & the Law

“Provisional Authority” to Control Executive Rights Not Assignable

By Charles Sartain

May 14, 2020

Co-author Kelley Clark Morris Geary v. Two Bow Ranch Limited Partnership* is an example of the havoc an unusual contract provision can create. In 1981, Geary and other Grantors executed a warranty deed conveying 2,614 acres (let’s call it the Property) in Bandera County, Texas, to Meader, Two Bow’s predecessor. The Grantors reserved an undivided one-half mineral interest, and conveyed one-half. The deed conveyed to Meader the ”executory rights” to its minerals and reserved the…

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Texas Court Opines on Climate Lawsuits

Limitations Bars an Heirship Proceeding

Can an Email Exchange Modify a Lease?

Mineral Reservations and “Terminological Inexactitude”

Texas Supreme Court to Consider Continuous Development Clause

Texas Supreme Court Puts Perpetuities in Limbo in Anti Washout Clauses

COVID-19 v. the Constitution: The Conflict Continues

Marcellus Pipeline Permits Rejected by New York and New Jersey

Offer to Acquire Leases Could Not be Conditioned on a JOA

“Provisional Authority” to Control Executive Rights Not Assignable

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