Four years on from the Supreme Court’s monumental decision in McGirt v. Oklahoma, the results have been a mixed bag for all parties involved. In our previous McGirt update, we detailed potential tax and regulatory...more
On July 1, 2020, the United States-Mexico-Canada Agreement (USMCA) took effect, replacing the 1994 North American Free Trade Agreement (NAFTA). The USMCA provides a three-year sunset period for investors to submit arbitration...more
The Delaware Limited Liability Company Act allows for the fiduciary duties of a member to be expanded, restricted, or eliminated by provisions in the operating agreement of a limited liability company (“LLC”). If drafters...more
Under Delaware law, the implied covenant of good faith and fair dealing attaches to every contract by operation of law and is best understood as an implied term. The purpose of the doctrine is to ensure that parties deal...more
As discussed in part one of this series, a Joint Operating Agreement’s (JOA) exculpatory clause relieves the designated “operator” from liability for certain conduct or activities. But, as explained by the Texas Supreme Court...more
The Joint Operating Agreement (JOA) is often the key contract between parties that have a shared interest in oil and gas exploration, development, and production in a designated area. And one of the most contested provisions...more
Case law involving limited liability companies (LLCs) is rapidly evolving. Some states, most notably Delaware, permit LLCs to limit or eliminate liability for breaches of fiduciary duty by an LLC’s members or managers. Other...more
Litigants often seek to remove cases to federal bankruptcy court when one of the parties is in or enters bankruptcy. Where the claims at issue are not directly bankruptcy-related, the ultimate destination of the case (i.e.,...more
On June 4, 2021, 57 Texas High Plains wine grape growers filed suit in Jefferson County District Court seeking hundreds of millions of dollars in damages from Bayer-Monsanto and BASF. The suit alleges that the chemical giants...more
As healthcare becomes more technology-driven, the traditional understanding of what constitutes a “heathcare provider” has been blurred. Computers and related electronic equipment, supported by legions of technicians and...more
In the wake of President Joe Biden’s executive order revoking the Keystone XL pipeline permit, oil and gas producers are bracing for additional actions. In fact, environmental and activist groups are already targeting oil and...more
Arctic cold and historic snowfall this February have caused substantial disruption nationwide, in particular in the state of Texas. Widespread, record low temperatures, combined with unprecedented demand on the power supply,...more
On January 20, 2021, President Joe Biden signed an executive order revoking the presidential permit for the Keystone XL pipeline border crossing. While this is not the first time a U.S president has issued such a directive,...more
2/3/2021
/ Biden Administration ,
Climate Change ,
Energy Sector ,
Environmental Policies ,
Keystone XL Pipeline ,
NAFTA ,
Oil & Gas ,
Pipelines ,
Popular ,
Presidential Permit ,
TransCanada ,
Trump Administration ,
United States-Mexico-Canada Agreement (USMCA)
Three months on from the Supreme Court’s decision in McGirt v. Oklahoma, the fallout is becoming increasingly clear in Oklahoma. On July 9, 2020, the Supreme Court issued its opinion in McGirt, ruling that most of the eastern...more
10/27/2020
/ Criminal Convictions ,
Disestablishment ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Governor Stitt ,
Jurisdiction ,
Land Titles ,
Major Crimes Act ,
McGirt v Oklahoma ,
Native American Issues ,
Sales & Use Tax ,
SCOTUS ,
State Taxes ,
Tax Commissions ,
Tax Refunds ,
Treaties ,
Tribal Lands
The predicted wave of force majeure litigation related to COVID-19 has now become reality. Lawsuits are increasingly being filed by parties to contractual disputes, and practitioners are increasingly being called upon to...more
7/31/2020
/ Act of God ,
Best Practices ,
Breach of Contract ,
Business Interruption ,
Business Strategies ,
Contract Terms ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Corporate Executives ,
Force Majeure Clause ,
Infectious Diseases ,
Popular
On July 9, 2020, the Supreme Court issued its opinion in McGirt v. Oklahoma, ruling that most of the eastern half of Oklahoma is an Indian reservation. While the decision ostensibly resolves a jurisdictional challenge to a...more
7/16/2020
/ Criminal Convictions ,
Disestablishment ,
Dissenting Opinions ,
Energy Policy ,
Energy Projects ,
Environmental Policies ,
Federal Jurisdiction ,
Federal v State Law Application ,
Fee Simple ,
Indian Mineral Development Act (IMDA) ,
Indian Mineral Leasing Act (IMLA) ,
Land Developers ,
Land Titles ,
Land-Use Permits ,
Major Crimes Act ,
McGirt v Oklahoma ,
Mineral Leases ,
Native American Issues ,
Oil & Gas ,
Pipelines ,
Popular ,
Regulatory Authority ,
Reversal ,
SCOTUS ,
Secretary of the Interior ,
State Taxes ,
Tax Authority ,
Treaties ,
Tribal Lands ,
Water Quality
In a turbulent economy, circumstances often arise in which a party seeks to avoid contractual obligations by invoking a force majeure provision in the relevant agreement. The following checklist offers a preliminary way...more