I have written previously about class certification in the oil patch. Frequently the emphasis is around whether the putative class can satisfy Rule 23's commonality and predominance requirements. The recent trend has been toward troubling developments […]
Last year, I wrote about Pennsylvania's departure from Texas on the law surrounding trespass by hydraulic fracturing. As first stated in Coastal Oil & Gas Corp. v. Garza Energy Trust, 268 S.W.3d 1 (Tex. 2008), trespass claims for drainage by […]
The Texas Supreme Court, beginning in 2017, began issuing a number of decisions altering the analysis for the interpretation of oil-and-gas agreements, principally mineral leases and conveyances. I wrote about many of these opinions as they were released […]
In the latest episode of our energy law podcast, we discuss troubling developments at the intersection of class actions and consumer protection laws in royalty underpayment cases; the Texas Supreme Court's latest pronouncements on the duties of executive […]
Eminent domain proceedings in Texas are a complex process governed by multiple constitutions, laws, and regulations.[1] Through this process the Texas government, its agencies, and authorized private entities acquire land to advance initiatives relating […]
Michael Ridulfo is presenting on June 5, 2019 at the Turnaround Management Association Houston Chapter Breakfast Meeting, on the topic of “Keeping Your Truck on the Road: Examining Challenges Arising in Chapter 11 Trucking Cases”. Register […]
With the recent uptick in energy-related bankruptcies expected to continue for the foreseeable future (in one prominent example, industry giant Weatherford has just filed for Chapter 11 protection), oil and gas royalty owners need to be on alert. Because […]
Workplace violence, defined by the Occupational Safety and Health Administration ("OSHA") as "any act or threat of physical violence, harassment, intimidation or other threatening behavior that occurs at the worksite" has become front […]
In a recent KRCL Energy Practice Group seminar, I discussed the genesis and impact of metal tariffs imposed by the Trump administration. These Trump Tariffs have had a tremendous impact on energy infrastructure construction and midstream activities throughout […]
Last month, the Texas Supreme Court issued a decision that addresses the vexing situation in which the owner of the executive rights also owns the surface, but none (or virtually none) of the minerals. What is the duty of the executive rights holder […]
The San Antonio Court of Appeals recently determined that the acceptance of royalty payments will not necessarily operate as a waiver of a mineral lease's anti-pooling provision. The decision, Strickhausen v. Petrohawk Operating Company, is available […]
Under the Fair Labor Standards Act (FLSA), employees must receive at least time and one-half their regular pay rate for all hours worked over 40 in a workweek unless an exemption applies. For an exemption to apply, an employee’s specific job duties […]