Gray Reed & McGraw

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1601 Elm Street
Suite 4600
Dallas, Texas 75201, United States
Contact: Michael Blachly, Director of Client Development
Phone: (214) 237-6370
Areas of Practice
  • Agriculture
  • Alternative Dispute Resolution (ADR)
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Class Action
  • Commercial Law & Contracts
  • Construction Law
  • Criminal Law
  • Debtor/Creditor
  • Elections & Politics
  • Energy & Utilities
  • Environmental Law
  • Family Law
  • Finance & Banking
  • Health
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Personal Injury
  • Products Liability
  • Real Estate
  • Securities Law
  • Taxation
  • Toxic Torts
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • Texas
Number of Attorneys
100+ Attorneys

Denbury Part II: Big Changes Coming in Texas Pipeline Condemnations ?

Is Denbury’s Green Pipeline a common carrier? That question is alive and well in Texas. In Texas Rice Land Partners Ltd. v. Denbury Green-Texas Pipeline, LLC, the Beaumont court of appeals reversed a summary judgment granted by…more

Appeals, Common Carriers, Oil & Gas, Pipelines, Public Use

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Texas Tax Ruling Favors Frac Trailer Owners

If you were able to keep your frac trailers from the clutches of your avaricious creditors during the past several unpleasant years, you could be in luck. Owners and lessors of frac trailers may be entitled to a refund for sales…more

ALJ, Energy Sector, Fracking, Heavy Equipment, Oil & Gas

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Commercial Leases Underwater from Harvey

Because of Hurricane Harvey, oil and gas production company Gonzales Energy and its owner Paunscho are treading water. Rising hurricane flood waters destroyed his files, water-logged his computers and ruined office equipment in…more

Act of God, Commercial Insurance Policies, Commercial Leases, Commercial Tenants, Flooding

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Do You Even Meme Bro? The Law of Internet Memes

You know you’ve chuckled at a few of them–the ubiquitous internet meme. But, have you ever wondered whether all this sharing, changing and going “viral” is legal…more

Copyright, Digital Media, Fair Use, Internet, Internet Memes

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What is an Adequate Description For a Mineral Lien ?

Thanks to In re Reichmann Petroleum Corp., we know one that works in Texas: A lien affidavit attaching either a plat or a plat and a Texas Railroad Commission Form W-1 provides an adequate property description for a mineral lien…more

Energy Sector, Liens, Mineral Leases, Oil & Gas

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Unit Operator Pays For a Problem of its Own Making

How many times must an operator suffer for a mistake in a unit declaration? Samson Exploration LLC v. T. S. Reed Properties Inc. makes it twice. (See Hooks v. Samson Lone Star for the first round). The Texas Supreme Court ruled…more

Contract Terms, Energy Exploration, Energy Sector, Gas Royalties, Oil & Gas

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Ambiguity Sends An Overriding Royalty Dispute Back To The Trial Court

It must be maddening to non-lawyers that a large segment of an industry can operate in harmony by agreeing that a contract in widespread use means one thing, only to have party-crashers decide it means another…more

Ambiguous, Contract Disputes, Royalties, Trials

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Does it Matter if a Deed Correction is Material?

McCabe Trust v. Ranger Energy LLC, is the consequence of failing to comply with the Texas Property Code when correcting real property conveyances…more

Deeds, Energy Sector, Foreclosure, Mineral Leases, Mortgages

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Softening a Hurricane’s Blow: Force Majeure and Builder’s Risk

Hurricane Harvey caused severe destruction in Texas with its significant winds and historic rainfall. But Harvey may also prove to be a costly lesson for many project owners and contractors. As Texas begins to focus on recovery…more

Builder's Risk Exclusion, Commercial Insurance Policies, Construction Contracts, Construction Industry, Contract Terms

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Tax Cheats Can Go Wild In Dallas Texas

The Washington Post published an article on April 8, 2015 titled “In Dallas, the IRS says it can’t chase tax cheats who owe less than $1 million.” Here is a section of the article..…more

IRS, Tax Evasion

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When is an Unforeseen Condition a “Differing Site Condition”?

Many construction contracts contain some version of a “differing site conditions” clause. It is found in the current version of AIA’s A201 general conditions, as well as in the EJCDC equivalent. It also appears in most state…more

Construction Contracts, Construction Industry, Contaminated Properties, Contract Terms, Federal Acquisition Regulations (FAR)

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Softening a Hurricane’s Blow: Force Majeure and Builder’s Risk

Hurricane Harvey caused severe destruction in Texas with its significant winds and historic rainfall. But Harvey may also prove to be a costly lesson for many project owners and contractors. As Texas begins to focus on recovery…more

Builder's Risk Exclusion, Commercial Insurance Policies, Construction Contracts, Construction Industry, Contract Terms

See all updates »

How to Manage Credit and Collect Unpaid Bills in Today’s Oil Patch

Everybody from the well site to the board room has an opinion about when oil prices will “rebound”. Rather than an opinion, we have a question: How do I collect my money while we’re waiting? This post is a refresher for…more

Energy Sector, Oil & Gas, Royalties, Vendor Contacts

See all updates »

ICE is coming for Undocumented Workers – How to Prevent Corporate Frostbite

Whatever your political views, undocumented workers and the businesses that knowingly or unknowingly employ them are coming under the microscope. If you compile recent headlines, you’ll know the President has implemented two…more

Audits, Construction Industry, E-Verify, Employer Liability Issues, Employment Eligibility Verification

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Title Troubles In Texas, North Dakota And Montana: Right Of Way v. Fee Conveyance

If you examine titles or read title opinions, this post is for you. I was recently examining instruments for an East Texas title opinion when I came across an instrument that, at first glance, appeared to be an easement…more

Contract Drafting, Easements, Quitclaim Deeds, Title Examination

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“Buy American” Law Changes How Texans Buy Iron and Steel

As a result of newly enacted Texas Senate Bill 1289, buying American iron and steel is now a requirement on certain public infrastructure projects in Texas. Promoted by President Trump, passed by the Texas Legislature in May and…more

Buy America, Buy American Act, Construction Project, Executive Orders, Infrastructure

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Texas Tax Ruling Favors Frac Trailer Owners

If you were able to keep your frac trailers from the clutches of your avaricious creditors during the past several unpleasant years, you could be in luck. Owners and lessors of frac trailers may be entitled to a refund for sales…more

ALJ, Energy Sector, Fracking, Heavy Equipment, Oil & Gas

See all updates »

What’s To Know About the Defend Trade Secrets Act of 2016

Congress has passed the Defend Trade Secrets Act of 2016 and the president is expected to sign it into law. The DTSA allows suits in federal court for misappropriation of trade secrets. Before the DTSA, most litigants would sue…more

Asset Seizure, Defend Trade Secrets Act (DTSA), Economic Espionage Act, Energy Sector, Ex Parte

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Qualified Domestic Relations Orders: Little-Known Issues Involving Dividend Pass-Through Elections And Same-Sex Spouses

As most family law practitioners are aware, ERISA and the Internal Revenue Code (“IRC”) do not permit a participant in a retirement plan to assign or alienate his/her interest in that plan to another person. These rules are…more

ERISA, QDRO, Retirement Plan, Same-Sex Marriage

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What Can I Get From My Lessee if I Ask the Court For It?

It s been said that if you don’t ask for what you want you’ll get what you deserve. Mr. Hooks took that truism to heart. Hooks v. Samson is about more than the discovery rule (See last week). Here are the other claims at…more

Mineral Leases, Most-Favored Nations, Oil & Gas, Royalties

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The 1956 Model Form JOA Does Not Apply To Future Leases

I learned to drive on an old, black, stick-shift, straight-six, no-radio, no-A/C automobile manufactured the year after the AAPL’s first Form 610 - Model Form Operating Agreement was created. The ’57 Chevy is now considered a…more

Contract Drafting, Joint Operating Agreement, Leases, Oil & Gas

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Hold On To Your Insurance … Federal Court Certifies Deepwater Horizon Questions To Texas Supreme Court

BP’s woes from the Deepwater Horizon disaster in the Gulf continue. The federal Fifth Circuit in In re: Deepwater Horizon, withdrew an opinion of a three-judge panel and certified questions for consideration by the Supreme Court…more

BP, Commercial General Liability Policies, Deepwater Horizon, Gulf Oil Spill, Insurance Industry

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Deepwater Horizon Settlement Fine-Tuned By Fifth Circuit

The Fifth Circuit has taken steps to fine-tune the interpretation and implementation of the agreement BP negotiated to settle its massive liabilities arising from the April 2010 oil spill following the explosion of the Deepwater…more

Deepwater Horizon, Gulf Oil Spill, Settlement

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Confusing Expiration Labels Cost Texas Restaurants

All restaurants have to deal with the issue of throwing away food at the end of the day. According to the National Resources Defense Council (NRDC), a powerful environmental action group and the Harvard Food Law and Policy…more

Resorts & Restaurants, Restaurant Industry

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Have You Considered Parking In Your Restaurant Lease?

Shockingly, many restaurant leases fail to account for parking. More often, the landlord considers whether there is enough parking before entering into the restaurant lease negotiations, but they don’t account for it in their…more

Commercial Leases, Contract Negotiations, Parking Lots, Restaurant Industry

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Oil and Gas in Texas: Some Law and a Little History

Welcome to the binary edition, where you have a choice: An informative and engaging stroll through the history of the oil and gas business in Texas, or a wonkish and also informative legal analysis…more

Energy Sector, Exploration and Production Assets, Independent Power Producers (IPPs), Oil & Gas

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How Not to Secure an Oil Well Lien in Louisiana

Rozel Operating v. Crown Point Holdings, LLC, et al., reminds one of the need to understand and apply the meaning of terms used in a statute one is attempting to enforce. And imaginative theories don’t work without evidence to…more

Contract Disputes, Contract Terms, Energy Sector, Judicial Estoppel, Liens

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Two Storms: Hurricane Harvey And HB 1774

Although insurance claims may be the last thing on the minds of many folks in Texas at the moment, HB 1774, which governs “force of nature” related insurance claims, is currently set to go into effect on September 1, 2017…more

Hurricane Harvey, Insurance Claims, Insurance Industry, Natural Disasters, New Legislation

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Production-in-Paying-Quantities Analysis Confirmed

In BP America v. Laddex, Ltd. the Texas Supreme Court affirmed that in a lease termination case the trial court cannot limit the jury’s consideration of production in paying quantities to an arbitrary time period. The court…more

BP, Commercial Leases, Energy Sector, Oil & Gas, Rule Against Perpetuities

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How to Manage Credit and Collect Unpaid Bills in Today’s Oil Patch

Everybody from the well site to the board room has an opinion about when oil prices will “rebound”. Rather than an opinion, we have a question: How do I collect my money while we’re waiting? This post is a refresher for…more

Energy Sector, Oil & Gas, Royalties, Vendor Contacts

See all updates »

Softening a Hurricane’s Blow: Force Majeure and Builder’s Risk

Hurricane Harvey caused severe destruction in Texas with its significant winds and historic rainfall. But Harvey may also prove to be a costly lesson for many project owners and contractors. As Texas begins to focus on recovery…more

Builder's Risk Exclusion, Commercial Insurance Policies, Construction Contracts, Construction Industry, Contract Terms

See all updates »

Rejecting Midstream Agreements in Bankruptcy – the Journey Continues

One of the hottest issues from 2016 was whether an E&P debtor can reject, under section 365 of the Bankruptcy Code, an above-market midstream contract. Given the potential for a “no-win” situation, in all but one case where the…more

Bankruptcy Code, Commercial Bankruptcy, Covenants that Run With the Land, Energy Sector, Midstream Contracts

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Put Down Your Phone But Keep Your Sword in Your Hand

After finishing his weekly rehearsal for an upcoming Robin Hood performance at his local theatre, Wiley Enferee walked into his local Mega-Mart at his wife’s behest to buy a gallon of milk. Not thinking, Wiley walked into the…more

Distracted Driving, Penal Code, Pending Legislation, Texting

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