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General Business Wills, Trusts, & Estate Planning Energy & Utilities

Read need-to-know updates, commentary, and analysis on General Business issues written by leading professionals.

The Impact On U.S. Corporations If The House's "Tax Cuts And Jobs Act" Passes

We drafted a tax alert that addresses the impact of the much anticipated "Tax Cut and Jobs Act" (H.R. 1) on the taxation of U.S. Corporations. The complete text of the alert is available here. Below is a brief summary of H.R....more

The Double-Fraction Dilemma: Intent-Focused Inquiry Prevails

by Jackson Walker on

As the oil and gas industry has moved away from the legacy of the 1/8th royalty, double-fraction language has generated a multitude of disagreements as to whether a royalty interest should be construed as "fixed" or...more

Pennsylvania Superior Court Affirms Striking of 24-Year-Old Default Judgment, and Holds That Leasing Is Not Enough to Claim...

by McGuireWoods LLP on

The development of the Marcellus Shale in Pennsylvania has led to a number of disputes about historical judgments that purportedly divested reserved oil and gas rights from their owners. During the 20th century, surface...more

Treachery of the Untrustworthy Trustee

by Gray Reed & McGraw on

In 2006, Fred Houston created the Fred L. Houston Trust and placed into it the Tenneco lease, which had been producing since 1974. Ms. Williams was the trustee. The trust instrument declared the trust “… irrevocable and may...more

This is Why You Need a Will

by Gray Reed & McGraw on

Let’s talk title disputes, especially ones between those with record title and those claiming title by possession: - They are complicated (There were 229 defendants in today’s case) - They happen when there is a lot...more

McNees Insights - Estate Planning

In This Issue: Who Gets Your IRA? – Six Common Mistakes; Estate Planning for Digital Assets; and Post-Production Issues and Oil & Gas Leases. Excerpt from Who Gets Your IRA? – Six Common Mistakes: Do you...more

Energy Newsletter - September 2013

by King & Spalding on

In This Issue: - New Rule Proposed By OSHA Regarding Silica Exposure Likely To Impact Fracking And Increase Risk Of Litigation - Texas Supreme Court Reaffirms Minerals Estate's Superior Rights -...more

Title Troubles In Texas, North Dakota And Montana: Conveyances To “Blind Trusts”

by Gray Reed & McGraw on

The Title Question - Your title examiner often encounters a conveyance to an individual “as Trustee” with no Trust specified in the instrument....more

Tax Law Alert: The 2nd Special Session of the 2013 Washington Legislature Adjourned on June 29

by Stoel Rives LLP on

The 2nd Special Session of the 2013 Legislature adjourned sine die on June 29, 2013. The accomplishment of this session was passage of a state budget, which had eluded state legislators through the Regular Session that ended...more

Yours, Mine or Ours? Morgan Clarifies Surface Versus Mineral Ownership in W.Va.

On June 13, 2013, the West Virginia Supreme Court of Appeals (WVSCA) issued its decision in Faith United Methodist Church & Cemetery of Terra Alta, et al. v. Morgan, No. 12-0080, setting forth a clear definition of the term...more

Legal Alert: Discounting of Capital Credits of Deceased Members Upheld in North Carolina

On August 8, 2012, the North Carolina Business Court held that electric cooperatives may lawfully discount capital credits of deceased members when they are retired early. The court also held that electric cooperatives do not...more

Gifting and Marcellus Shale

by McNees Wallace & Nurick LLC on

When estate planning lawyers discuss gifting as an estate planning strategy with clients, there are a few very important components to this discussion that must be reviewed in order to most effectively leverage gifting as an...more

Gas Rights Owners Need To Begin To Think Like Business

by McNees Wallace & Nurick LLC on

Landowners who are fortunate enough to have property overlying the Marcellus Shale formation are realizing significant economic transformations. They and their heirs can look forward to a lease bonus payment followed by...more

Real Estate, Oil & Gas and Estate Planning: Oil & Gas Fundamentals For Family Law Practitioners

by Jackson Walker on

In This Presentation: Typical Documents To Be Reviewed: Deed; Mineral Deed; Mineral Reservation; Royalty; Lease; Seismic Permit; and, Pipeline Right-of-way. Who owns the minerals: Title Opinion; Title Insurance;...more

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