Royalties

News & Analysis as of

Courts Address Important Questions About Allocation Wells in Texas

The relatively recent drilling of horizontal wells continues to challenge settled Texas oil and gas law in several significant respects. Most recently, Texas courts have been faced with two important issues: (1) the legality...more

Texas Supreme Court Holds Cost to Remove Carbon Dioxide Injected in Enhanced Recovery Operations Is Properly Deductible from...

On June 27, the Supreme Court of Texas issued an opinion in Marcia Fuller French, et al v. Occidental Permian Ltd., No 12-002 (Tex. June 27, 2014), a case closely followed by the oil and gas industry. In its unanimous...more

Tax Reform Act of 2014: Potential Impact on Tax-Exempt Organizations

Many of the provisions in the proposed Tax Reform Act of 2014 (“TRA 2014”) released earlier this year would adversely impact tax-exempt organizations. For example, TRA 2014 would remove the long-time exclusion from unrelated...more

Novel Copyright Action Involving Webcasting and Geofencing to be Decided in Harrisonburg

Radio stations that stream over the Internet typically have to pay performance royalties to the copyright owners of the songs that are being broadcast over the Internet. Last month, a group of radio broadcasters in Virginia...more

DOJ Revisits Music Royalty Consent Decrees

From cassette tapes to CDs to Pandora and Spotify, innovations in the music field over the past two decades have drastically changed how people access music. Songwriters, however, are paid according to a system that has been...more

North Dakota Court Dismisses Flaring Cases

You might recall that North Dakota achieved nationwide notoriety when photos of flaring Bakken wells visible from space circulated around the news. According to the U. S. Department of Energy...more

Energy Newsletter - June 2014

In This Issue: - Drafting Lessons From The "Deliver-Or-Pay Wars" Of The Southern Cone - Flaring Litigation in North Dakota is Capped - Shell Oil Co. v. United States -- A Divided Federal Circuit...more

Managing Antitrust Risks in Patent Licensing – Post-Expiration Royalties and Package Licensing

Patent owners have considerable freedom to negotiate the subject matter, price, and term in licensing agreements. However, antitrust law has been used to limit this freedom when an arrangement is considered to exceed the...more

Québec Court of Appeal Decision Results in Significant Victory for Franchisors

In a victory for franchisors, the Québec Court of Appeal confirmed the application of the doctrine of the indivisibility of contracts in a franchise context, supporting significant retroactive royalty awards for breaches of...more

What Is Required For Gas To Be A Marketable Product In Oklahoma?

This article discusses the case law in Oklahoma giving rise to the question of what is required for gas to be a marketable product, the differing view of royalty owners and producers on that question, the uncertainties under...more

Towards Certainty On Webcasting – Re: Sound Tariff 8 Certified

We inch closer to certainty regarding what royalty rates are payable in Canada by online webcasting services such as Pandora, Songza and Last.fm. On May 16, 2014, the Copyright Board of Canada released Re:Sound Tariff...more

Trade Secrets: Made for TV--Former director owes royalty for stealing source code

Acrimony, anger, revenge, piracy, and a legal battle—these are often the ingredients of a prime-time television drama. But in this case, they are not the makings of a plot found on cable, Netflix, or DVD. Instead, they are...more

From Second and State: Capitol Wrap – Week of May 5

House Debates Amendment to Post-Production Costs Bill - An amendment to a bill, which would prevent oil and gas companies from deducting post-production costs from their royalty payments, was debated on the House floor...more

Carnegie Mellon v. Marvell: District Court Declines to Liquidate Ongoing Royalties into Final Judgment

Having obtained a $1.5 billion judgment and an ongoing royalty against Marvell, Carnegie Mello University ("CMU") sought to liquidated the ongoing royalty amount in the Final Judgment. In response, Marvell argued that the...more

A Cost-Free Royalty Clause That Works – Part Two: The Override

Welcome to part two of the hair-splitting decision in Chesapeake Exploration, L.L.C. v. Hyder. See our prior post about the basic facts....more

Capital Wrap-Up April 2014 #1

In response to the recommendations made by the Governor’s Task Force on Child Protection, six child protection bills made it to the Governor’s desk this week. Two of those bills have been signed....more

Applause Can Come with a Big Price Tag - Michael Jordan v. Jewel Food Stores, Inc.

Paying tribute to celebrity can sometimes be an expensive proposition. A Chicago grocery store chain found this out the hard way when the U.S. Court of Appeals for the Seventh Circuit handed down its decision in Michael...more

April Fools? No Joke, Virginia Law Limiting Addback Exceptions To Be Applied Retroactively for 10 Years

On April 1, 2014, Virginia Governor Terry McAuliffe signed HB 5001. This law imposes severe restrictions on the existing exceptions to intangible expense addback to Virginia taxable income. Specifically, the new law limits...more

Post-Production Issues and Oil & Gas Leases

So your oil and gas lease has now converted from the primary term to the secondary term – now what? There are several issues that a landowner or mineral interest owner should be aware of at this stage of the lease. ...more

Final Regulations Released Revising The Tax Treatment Of Sales-Based Royalties And Vendor Allowances

In December 2010, the IRS and Treasury proposed regulations that required the allocation of sales-based royalties and vendor allowances exclusively to property that has been sold (or for inventory property, deemed sold under...more

Significant Uptick in Royalty and Patent Stream Monetizations (Quorum, March 2014)

One of the areas where Cadwalader has seen a significant pickup in activity levels in 2013 and early 2014 is royalty and patent stream monetizations. In 2013, we helped clients complete 10 royalty and patent monetization...more

VirnetX v. Apple: Court Grants Enhanced Ongoing Royalty Based on Disparity Between Position at Trial and Position Post-Judgment on...

On August 11, 2010, VirnetX filed suit alleging that Apple and several other defendants infringed several U.S. Patents, which generally describe a method for transparently creating a virtual private network ("VPN") between a...more

Antitrust Claims Against SESAC Copyright Licenses Permitted To Proceed

Performing rights organizations (PROs) are entities that issue licenses to, and collect royalties from, television stations and other parties who wish to perform or dylanbroadcast copyrighted musical compositions. There are...more

A Cost-Free Royalty Clause That Works – Part One

Chesapeake Exploration, L.L.C. v. Hyder is another hair-splitting Texas decision about “cost-free royalties”. ...more

Was The Royalty Reservation “Floating” Or “Fixed”?

The question in Graham v. Prochaska: Did the grantors in a 1950 Texas warranty deed reserve a “floating” 1/2 royalty interest or a “fixed” 1/16th royalty?...more

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