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Take Nothing: Delivering a Courtroom Masterclass

Two months in court, 1,700 miles from home, $100 million at stake. In this edition of V&E+, Vinson & Elkins partners Jim Thompson, Nick Shum, and Stephanie Noble share their story of a marathon trial — and how they emerged...more

Business Groups Sue California to Block Climate Disclosure Laws

On January 30, 2024, the U.S. Chamber of Commerce and five co-plaintiffs representing a coalition of business groups filed a lawsuit against the state of California seeking to block the state’s new landmark climate disclosure...more

Mieco v. Pioneer: Interpreting NAESB Force Majeure Provisions in the Context of Winter Storm Uri

The North American Energy Standards Board (“NAESB”) Base Contract is the most commonly used form contract for physical purchases and sales of natural gas within the industry. It has existed in its current form since 2006;...more

A Texas Appellate Court Defines “Willful Misconduct” In A Model Form JOA In Apache Corp. v. Castex Offshore Inc.

A Texas appellate court recently issued guidance on the meaning of “willful misconduct” in the exculpatory clause of a model form joint operating agreement (“JOA”). The exculpatory clause in many JOAs limits an operator’s...more

To Spud Or Not To Spud? In Sundown Energy LP v. HJSA No. 3, The Texas Supreme Court Interprets What “Drilling Operations” Means...

“To spud or not to spud,” that was the question before the Texas Supreme Court in determining whether a lessee, Sundown Energy, maintained a lease on non-producing acreage under the lease’s continuous drilling provisions.1...more

[Webinar] Royalty Class Action Trends and Developments - April 14th, 12:00 pm - 1:00 pm CT

Class actions involving oil-and-gas leases and royalty payments are on the rise. In this program, V&E lawyers will discuss recent developments in the royalty class action space – including recent certification orders and...more

Putting Your Best Foot Forward In A Remote Arbitration

At the beginning of 2020, arguing hearings and trying cases in a completely remote environment seemed like science fiction. Now, just a year later, courts and litigants have adapted to our new virtual litigation environment....more

Texas Supreme Court Decision Impacts Royalty Payment Calculations: Postproduction Costs And Free-Use Clauses

Aided by terms of art and a long history of precedent, parties entering an oil and gas lease can generally choose from common, time-tested clauses to serve their needs. Yet we know from practice that royalties and allocating...more

Insurance Coverage For Business Interruption Losses In The COVID-19 Era

Companies should consider notifying their insurers of business interruption losses in the wake of the COVID-19 crisis. While the insurance industry is pushing a general message that this type of loss is generally not covered...more

“Why Should I Have To Show Actual Damages When My Contract Has A Liquidated Damages Clause?”

When you negotiate and execute a contract with a liquidated damages clause, it’s natural to feel like you have a safety net — that in the event of a dispute you can rely on the contract to protect you from having to go...more

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