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Four Years of McGirt: Reviewing Changes in Tax, Energy, and Criminal Law

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

The Sun Has Finally Set on NAFTA: Investor-State Arbitration Under the USMCA

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 Importance of “Plain and Unambiguous Language” When Eliminating Fiduciary Duties in Delaware

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

The Basics: Implied Covenant of Good Faith and Fair Dealing Under Delaware Law

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

How Do JOA Exculpatory Clauses Work Under Texas Law? Part Two: The Recent Decision in Bachtell Defines “Activities”

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

How Do JOA Exculpatory Clauses Work Under Texas Law? Part One: The Fundamentals

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

Exculpation Provisions in LLC Agreements: A Comparison of Delaware and Texas

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

Can Litigants Request a Jury Trial in Federal Bankruptcy Court?

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

Will Chemical Damage Kill the Texas Wine Industry?

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

6/10/2021  /  Farms , Monsanto , Orchards , Wine & Alcohol , Wineries

Who Qualifies as a Healthcare Provider?

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

Three Steps Oil and Gas Producers Should Take Now

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

A Perfect Storm: How Will Contracts Be Impacted by Conditions in Texas?

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

The Keystone XL Pipeline: What Happens Next?

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

McGirt Update: Tax, Environmental, and Energy Implications

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

A Practitioner’s Guide to COVID-19-Related Force Majeure Disputes

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

Checklist: Managing Force Majeure

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

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