Co-author Brittany Blakey
Here we go again, in Gary and Theresa Poenisch Family Ltd. P’Ship v. TMH Land Servs., Inc., learning that a purported Texas land transaction will not be enforced if the parties fail to comply with the Statute
Continue Reading Statute of Frauds Torpedoes an Overriding Royalty Sale
Coauthors Sahrish K. Soleja and Lydia Webb
If you are a royalty owner and have questions about how your claim is likely to be treated when your lessee/operator goes into bankruptcy in Delaware, In re MTE Holdings LLC is a
Continue Reading Delaware Bankruptcy Court Treats Royalty Owner Claims as Unsecured
Co-author Brittany Blakey
Let’s begin with a question: Master service agreements (“MSA’s” in the trade), once agreed upon, often remain in force for years. As time passes and circumstances change, the parties amend, sometimes losing sight of the original details.
Continue Reading Added Party Can’t Avoid Amended Master Service Agreement
Co-author Brittany Blakey
Sometimes writing too many alternatives into an oil and gas lease invites confusion … which provokes litigation … which results in disappointment for somebody … or everybody.
For example, the central issue in Vermillion FC, LP v.
Continue Reading Texas Court Rules on a Retained Acreage Clause
Cache Bux was riding high as the president of Nodding Donkey Oil Field Services which recently opened new offices in Peru. Nodding Donkey’s earnings were beyond its wildest projections. Cache would easily hit his annual employment agreement performance incentives –
Continue Reading Should You Take Your Company’s Business Records to Support Your Lawsuit When You Leave?
Coach Eaux congratulates the Tigers for reading Energy and the Law
Resistance was futile for defendants opposing a temporary injunction sought by a party armed with a FERC Certificate of Public Convenience and Necessity that includes
Continue Reading Louisiana Federal Court Allows Injunctive Relief Under FERC Certificate of Public Convenience and Necessity
The Supreme Court’s recent decision in CIC Services, LLC v. Internal Revenue Service may have significantly expanded taxpayers’ ability to obtain immediate injunctive relief against onerous tax reporting requirement.
The Anti-Injunction Act bars any “suit for the purpose of restraining
Continue Reading Recent Supreme Court Case Provides Possible Pre-Assessment Judicial Review for Onerous Penalties
When a tax return has been selected for office examination, generally the examination of the return will be conducted at the office of the IRS. Normally a taxpayer will find an office examination has begun when he or she has
Continue Reading A Guide to Office Audits with the IRS
Co-author Marcus Fettinger
Under the Fair Labor Standards Act, what is required for an employee to be exempt from overtime pay? Ordinarily, it’s a guaranteed minimum salary. As the Department of Labor has explained, being paid on a “salary basis”
Continue Reading Fifth Circuit Tells the Oil Patch That a Day Rate is Not a Salary
There is a wealth of information available from the IRS that is not generally made available to the public. Most of this information can be obtained by asking. This information includes files the IRS assembles about a taxpayer, and various
Continue Reading Obtaining Information from the IRS
