Gray Reed

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1601 Elm Street
Suite 4600
Dallas, Texas 75201, United States
Phone: (214) 237-6370
Areas Of Practice
  • Agriculture
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Class Action
  • Commercial Law & Contracts
  • Construction Law
  • Debtor/Creditor
  • Elections & Politics
  • Energy & Utilities
  • Environmental Law
  • Family Law
  • Finance & Banking
  • Health
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Personal Injury
  • Products Liability
  • Real Estate
  • Securities Law
  • Taxation
  • Toxic Torts
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • Texas
Number of Attorneys
100+ Attorneys

Patient Credit Balances And The Texas Unclaimed Property Law

Patient credit balances occur when a health care provider collects more coinsurance, copays and/or deductibles than it earned. Although this situation arguably beats the alternative of trying to collect earned fees from patients…more

Fiduciary Duty, Health Care Providers, Unclaimed Property

See all updates »

Texas Court Addresses Anti-Washout Clause and Rule Against Perpetuities

Yowell v. Granite Op. Co. and Apache Corp. v. Peyton Royalties, L.P. is another Rule Against Perpetuities case. Keep reading. The anti-washout protection for your reserved overriding royalty could be at risk…more

Contract Interpretation, Contract Terms, Mineral Leases, Oil & Gas, Resales Agreements

See all updates »

Potential Pitfalls in Waiving or Retaining Attorney-Client Privilege over Pre-Closing Communications in Asset Sales

In DLO Enterprises, Inc. v. Innovative Chemical Products Group, LLC, the Delaware Court of Chancery (the “Court”) in an unpublished opinion analyzed whether the asset purchase agreement included the sale to the buyer of the…more

Attorney-Client Privilege, Corporate Sales Transactions, Pre-Closing Issues, Private Equity, Purchase Agreement

See all updates »

Midstream Dedications – Colorado Bankruptcy Court Levels the Playing Field

Until Monarch Midstream v. Badlands Energy, midstream companies facing rejection of their contracts in a producer’s bankruptcy were left with Abraham Lincoln’s least favorite negotiating option: If the both law and the facts are…more

Asset Protection, Chapter 11, Commercial Bankruptcy, Contract Terms, Covenants that Run With the Land

See all updates »

Texas Supreme Court Opinion Has Companies Double Checking Contractual Insurance Obligations

On February 15, 2019, the Texas Supreme Court issued its opinion in Exxon Mobil Corporation v. The Insurance Company of the State of Pennsylvania (ICSOP) reversing the First Court of Appeals and finding that ICSOP had waived…more

Appeals, Contract Terms, Endorsements, Energy Sector, Exxon Mobil

See all updates »

Buyer’s Claim of Fraud and Fraudulent Inducement in Connection with $106 Million Purchase of Target Allowed to Proceed Due to Failed Anti-Reliance Language and Despite Bootstrapping Rule

The Delaware Chancery Court in The Anschutz Corporation et. al. v. Brown Robin Capital, LLC ruled against dismissing several of Buyer’s claims in a dispute involving the $106 million acquisition of OnRamp Access, LLC (“Target”)…more

Bootstrapping, Corporate Sales Transactions, Fraud, Fraudulent Inducement, Non-Reliance Clauses

See all updates »

Dozens of McDonald’s Corporation’s African American Franchisees Sue Alleging Pervasive Racial Discrimination

McDonald’s Corporation (“McDonald’s”) is facing two high-profile lawsuits involving allegations of race-based discrimination against franchisees and executives…more

But For Causation, Civil Rights Act, Franchises, McDonalds, Race Discrimination

See all updates »

Buying Daughter a Business – Assets or Stock?

On Father’s Day, Morgan Bux celebrated with her dad Big Daddy Bux and asked him to team up with her to buy the fast-growing Green Earth Air Conditioning and Heating, LLC in Buda from the Green Earth retiring owner Gaia. Morgan…more

Business Succession, Corporate Sales Transactions, Sale of Assets, Stock Sale Agreements

See all updates »

Produced Water in Texas … Who Owns It?

As we welcome around 1,100 new Texans a day, water has become our most precious natural resource. According to the 2017 State Water Plan, Texas’ population is expected to increase more than 70 percent between 2020 and 2070, from…more

Energy Projects, Mineral Extraction, Natural Resources, Oil & Gas, Ownership Rules

See all updates »

Employing Illegal Workers is Playing with Fire

There was a time when employers didn't risk much in hiring undocumented immigrants. The worst that could happen was simply losing a worker through deportation…more

Employer Liability Issues, Employment Eligibility Verification, Foreign Workers, Hiring & Firing, Illegal Conduct

See all updates »

Texas Community Property Law and How to Plan Around it

Jack Bux and his high school sweetheart, Diane, have been married a few years, but the pandemic has taken its toll on their relationship, and they could soon be parting ways…more

Business Valuations, Community Property, Division of Assets, Divorce, Family Businesses

See all updates »

OSHA’s New Guidance for the Energy Arena

The Occupational Safety and Health Administration (OSHA) recently issued guidance for oil and gas industry workers and employers in light of the increased risk of workplace exposure to COVID-19…more

Coronavirus/COVID-19, Infrastructure, Occupational Exposure, Oil & Gas, OSHA

See all updates »

Mechanic’s Liens For Design Professionals: A Powerful Payment Collection Tool

In these unprecedented times, every bit of revenue is critical to the continued operation of nearly every business operating within the construction industry. Fortunately, there are a myriad of remedies to aide collection…more

Construction Contracts, Construction Project, Contract Disputes, Contract Terms, Mechanics Lien

See all updates »

Blame the Parents: Liability for Children’s Torts

Andy Taylor’s seven-year-old son, Opie, discovers the fireworks that his father had purchased for Independence Day. He begins shooting them in a field behind their house. But Opie fails to extinguish one of the matches, which…more

Liability, Minor Children, Negligence, Property Damage, Tort

See all updates »

First Delaware COVID-19 M&A Decision

In AB Stable VIII LLC v. Maps Hotel and Resorts One LLC et al., the Delaware Court of Chancery has published its first ruling regarding whether or not the effects of the COVID-19 pandemic constitute a material adverse effect…more

Acquisition Agreements, Contract Terms, Coronavirus/COVID-19, Corporate Sales Transactions, Material Adverse Effects

See all updates »

Does it Matter if a Deed Correction is Material?

McCabe Trust v. Ranger Energy LLC, is the consequence of failing to comply with the Texas Property Code when correcting real property conveyances…more

Deeds, Energy Sector, Foreclosure, Mineral Leases, Mortgages

See all updates »

Missing Annual Franchise Tax Reports Can Have Big Consequences

A corporate client of the firm was recently sued for breach of contract and other violations. However, the company manager found himself facing a personal liability allegation for the company debts…more

Breach of Contract, Corporate Taxes, Debt, Failure-to-File, Franchise Taxes

See all updates »

OSHA’s New Guidance for the Energy Arena

The Occupational Safety and Health Administration (OSHA) recently issued guidance for oil and gas industry workers and employers in light of the increased risk of workplace exposure to COVID-19…more

Coronavirus/COVID-19, Infrastructure, Occupational Exposure, Oil & Gas, OSHA

See all updates »

Operator: How Would You Like to Pay Twice For That Pipe Delivery?

Thanks to the power of the trucking lobby, the prevailing policy on the question of who wins and who loses if a carrier of goods goes unpaid favors the carrier over the broker, shipper, consignor and consignee…more

Bills of Lading, Energy Projects, Freight Forwarding, Oil & Gas, Payment Terms

See all updates »

Coronavirus and the Energy Industry: Drilling into Force Majeure Clauses

Many oil and gas contracts – leases and JOAs for example – have force majeure clauses. The purpose is to allow contracting parties to suspend or terminate performance when certain circumstances arise that are beyond their…more

Breach of Contract, Business Interruption, China, ConocoPhillips, Contract Drafting

See all updates »

Proposed Revisions To The Anti-Kickback Regulatory Discount Safe Harbor: What Does This Mean For The Drug Industry And For Your Drug Prices In 2020?

Continuing the Trump administration’s efforts to lower drug prices and reduce patient out-of-pocket costs, on February 6,2019, the U.S. Department of Health and Human Services Office of Inspector General (“HHS”) released a much…more

Anti-Kickback Statute, Department of Health and Human Services (HHS), Drug Pricing, Health Care Providers, MCOs

See all updates »

Guidelines for Protecting Privilege in Tax Cases

Lawyers, tax or otherwise, understand that privileged information must be protected to encourage a full and frank dialogue that might not occur without confidentiality.1 Tax information, in particular, contains some of the most…more

Administrative Proceedings, Attorney-Client Privilege, Confidential Information, Department of Justice (DOJ), Investigations

See all updates »

Department Of Labor Proposes Rule Change To FLSA’s “Regular Rate”

On March 28, 2019, the Department of Labor (DOL) announced a proposed rule change to amend regulations that define an employee’s “regular rate” under the Fair Labor Standards Act (FLSA). Generally, the FLSA requires overtime pay…more

Department of Labor (DOL), FLSA, Over-Time, Proposed Rules, Rate of Pay

See all updates »

Uncharted Territory For Retail Tenants And Landlords: Factoring Online Returns Into Gross Sales Calculations

With the rise of e-commerce, declining foot traffic in malls and shuttering department stores,retail landlords and brick and-mortar tenants have faced a wave of challenges in recent years. As a result, both landlords and tenants…more

Brick-and-Mortar Stores, Commercial Leases, Commercial Tenants, Landlords, Real Estate Development

See all updates »

The TCPA Revisions Are Good for (Not Only) the Oil Business

As mentioned last week, the 86th Legislature amended the Texas Citizens Participation Act, Texas’ Anti-SLAPP law and defendants’ go-to weapon of destruction in a diverse range of cases…more

Anti-SLAPP, Breach of Contract, Frivolous Lawsuits, Harassment, Litigation Strategies

See all updates »

Executive Right Holder Liable for Refusing to Lease

In resolving disputes among the mineral interest family, there is no bright-line rule delineating the duty of the executive right holder. In Texas Outfitters Limited v. Nicholson, the Texas Supreme Court explained why. The Court…more

Contract Disputes, Contract Terms, Mineral Leases, Mineral Rights, Oil & Gas

See all updates »

Reporting Work-Related COVID-19 Diagnoses to OSHA

Employers are generally not responsible for reporting employees’ positive COVID-19 diagnoses to the U.S. Department of Health and Human Services or the Texas Department of State Health. However, employers may overlook the…more

Coronavirus/COVID-19, Employer Liability Issues, Health and Safety, OSHA, Recordkeeping Requirements

See all updates »

PPP 2.0 and Related Business Programs

Long-awaited relief has arrived for many struggling small businesses in the form of the Consolidated Appropriations Act of 2021 (the “Appropriations Act”), signed into law by President Donald Trump on December 27, 2020…more

CARES Act, Consolidated Appropriations Act (CAA), Coronavirus/COVID-19, Economic Injury Disaster Loans, Federal Grants

See all updates »

Midstream Dedications – Colorado Bankruptcy Court Levels the Playing Field

Until Monarch Midstream v. Badlands Energy, midstream companies facing rejection of their contracts in a producer’s bankruptcy were left with Abraham Lincoln’s least favorite negotiating option: If the both law and the facts are…more

Asset Protection, Chapter 11, Commercial Bankruptcy, Contract Terms, Covenants that Run With the Land

See all updates »

Guidelines for Protecting Privilege in Tax Cases

Lawyers, tax or otherwise, understand that privileged information must be protected to encourage a full and frank dialogue that might not occur without confidentiality.1 Tax information, in particular, contains some of the most…more

Administrative Proceedings, Attorney-Client Privilege, Confidential Information, Department of Justice (DOJ), Investigations

See all updates »

The Storm After the Storm

Just as the Texas coast assessed the magnitude of Hurricane Harvey’s damage, Hurricane Irma was taking shape in the Atlantic. Fewer than two weeks later, Irma would crash into the Florida Keys. Estimates put Harvey and Irma’s…more

Construction Contracts, Construction Industry, Contract Terms, Hurricane Harvey, Hurricane Irma

See all updates »

Coronavirus and the Energy Industry: Drilling into Force Majeure Clauses

Many oil and gas contracts – leases and JOAs for example – have force majeure clauses. The purpose is to allow contracting parties to suspend or terminate performance when certain circumstances arise that are beyond their…more

Breach of Contract, Business Interruption, China, ConocoPhillips, Contract Drafting

See all updates »

The PPP Meets M&A: Pitfalls For The Unwary Borrower and Lender

The Small Business Administration (SBA) issued a Procedural Notice  on October 2, 2020, detailing required procedures impacting Paycheck Protection Program (PPP) borrowers and lenders if: (i) twenty percent or more of the common…more

CARES Act, Change of Ownership, Coronavirus/COVID-19, Corporate Sales Transactions, Federal Loans

See all updates »

Texas Supreme Court Opinion Has Companies Double Checking Contractual Insurance Obligations

On February 15, 2019, the Texas Supreme Court issued its opinion in Exxon Mobil Corporation v. The Insurance Company of the State of Pennsylvania (ICSOP) reversing the First Court of Appeals and finding that ICSOP had waived…more

Appeals, Contract Terms, Endorsements, Energy Sector, Exxon Mobil

See all updates »

Is Your Construction Business Prepared and Protected for ICE Undocumented Worker Audits?

Understand and navigate the government’s amplified focus on undocumented workers to protect your business from escalating fines, jail time, delay damages and back-charges Originally Published on ForConstructionPros.com…more

Business Interruption, Construction Industry, Construction Workers, Deportation, Employer Liability Issues

See all updates »

The Tax Cuts And Jobs Act Offers New Tax Break For Real Estate: A Look At Qualified Opportunity Funds

On December 22, 2017, Congress enacted the Tax Cuts and Jobs Act (the Act) which made numerous changes to the Internal Revenue Code (the Code) and incentivized certain investments in qualified opportunity zones. The Act created…more

Economic Development, IRS, Opportunity Zones, Qualified Opportunity Funds, Real Estate Development

See all updates »

Texas Laws Emergency Contractors Must Know

As evidenced by the unprecedented arctic weather last week and the resulting fallout, emergency construction services are essential. Freezing temperatures, hurricanes, tornadoes and other natural disasters lead to a high demand…more

Construction Project, Contract Solicitation, Contractors, Natural Disasters, Price Gouging

See all updates »

The 86H Texas Legislative Session: A Grandslam For The Texas Construction Industry

After meeting for 140 days at the Capitol, Texas Legislators adjourned the 86th Legislative Session on May 27th, 2019. For the construction industry as a whole, many are saying that the 86th Legislative Session was one of the…more

Construction Contracts, Construction Defects, Construction Litigation, Contingency Fees, Damages

See all updates »

Solar Beats Minerals in a Texas Accommodation Doctrine Battle

In a precurser of disputes sure to come, in Lyle v. Midway Solar, LLC, a Texas court of appeals delivered a win for solar energy by applying the accommodation doctrine in favor of a solar developer’s actual use of the surface of…more

Energy Projects, Infrastructure, Mineral Extraction, Renewable Energy, Solar Energy

See all updates »

Reporting Work-Related COVID-19 Diagnoses to OSHA

Employers are generally not responsible for reporting employees’ positive COVID-19 diagnoses to the U.S. Department of Health and Human Services or the Texas Department of State Health. However, employers may overlook the…more

Coronavirus/COVID-19, Employer Liability Issues, Health and Safety, OSHA, Recordkeeping Requirements

See all updates »

What’s To Know About the Defend Trade Secrets Act of 2016

Congress has passed the Defend Trade Secrets Act of 2016 and the president is expected to sign it into law. The DTSA allows suits in federal court for misappropriation of trade secrets. Before the DTSA, most litigants would sue…more

Asset Seizure, Defend Trade Secrets Act (DTSA), Economic Espionage Act, Energy Sector, Ex Parte

See all updates »

IN THE NEWS: The Potential Divorce of Simon and Taubman

Simon Property Group, Inc. (“Simon”) wants out of a deal to acquire its competitor, Taubman Centers, Inc. (“Taubman”), due to the COVID-19 pandemic…more

Business Divorce, Coronavirus/COVID-19, Corporate Sales Transactions, Material Adverse Effects, Merger Agreements

See all updates »

Missing Annual Franchise Tax Reports Can Have Big Consequences

A corporate client of the firm was recently sued for breach of contract and other violations. However, the company manager found himself facing a personal liability allegation for the company debts…more

Breach of Contract, Corporate Taxes, Debt, Failure-to-File, Franchise Taxes

See all updates »

“Provisional Authority” to Control Executive Rights Not Assignable

Geary v. Two Bow Ranch Limited Partnership* is an example of the havoc an unusual contract provision can create…more

Contract Terms, Mineral Leases, Mineral Rights, Oil & Gas, Warranty Deed

See all updates »

Texas Supreme Court Opinion has Buyers Checking the Language in their Deeds

In a closely watched case, the Texas Supreme Court (the "Court") held that the special warranty language used in a special warranty deed “qualifies” an implied covenant that the person conveying the land owns what he/she is…more

Contract Terms, Covenants that Run With the Land, Deeds, Implied Covenants, Real Estate Market

See all updates »

Delaware Superior Court Holds Indemnification Provision Does Not Cover First-Party Claims for Legal Fees

In Ashland LLC v. Samuel J. Heyman 1981 Continuing Trust for Lazarus S. Heyman (Del. Super. Ct. Nov. 10, 2020), the Complex Commercial Litigation Division of the Delaware Superior Court held that parties to a contract are…more

Attorney's Fees, Breach of Contract, Buyers, Contract Drafting, Contract Terms

See all updates »

What’s New in the World of Stimulus Relief: A Discussion of American Rescue Plan Act

Since arriving in the United States the Coronavirus pandemic has taken a devastating toll on nearly every aspect of our economy. Industries such as construction have faced new hardships and challenges with workplace safety,…more

American Rescue Plan Act of 2021, Biden Administration, Broadband, Construction Project, Coronavirus/COVID-19

See all updates »

Proposed Revisions To The Anti-Kickback Regulatory Discount Safe Harbor: What Does This Mean For The Drug Industry And For Your Drug Prices In 2020?

Continuing the Trump administration’s efforts to lower drug prices and reduce patient out-of-pocket costs, on February 6,2019, the U.S. Department of Health and Human Services Office of Inspector General (“HHS”) released a much…more

Anti-Kickback Statute, Department of Health and Human Services (HHS), Drug Pricing, Health Care Providers, MCOs

See all updates »

Dallas Court Of Appeals Clarifies Where To Bring Injunction Suits

The Dallas Court of Appeals recently held that employers can choose where to sue former employees who have breached their covenants not to compete. In re Ross, No. 05-18-01052-CV, 2018 WL 6695596 (Tex. App.—Dallas Dec. 20, 2018,…more

Appeals, Employment Litigation, Injunctions, Non-Compete Agreements, Restrictive Covenants

See all updates »

Commercial Lease Assignments: A Tale Of Two Leases And Landlord’s Right To Recapture

An Overview of Assignment Rights - Commercial leases typically contain standard protections for landlords that may be potential pitfalls for tenants seeking to assign or transfer interests in a lease. A lease recapture…more

Commercial Leases, Commercial Tenants, Contract Negotiations, Contract Terms, Landlords

See all updates »

Deduct the Dogwoods: Tax Deductions for Winter Storm Uri Landscaping Expenses

When Texas froze in February, I learned a couple of things: i) snow storms have names, and ii) people in my neighborhood aren’t great at covering plants. Those poor sago palms never had a chance…more

Income Taxes, Natural Disasters, Property Damage, Real Estate Market, Tax Deductions

See all updates »

Big Damages in a Texas Trade Secret Case

Defendants accused of stealing trade secrets often claim that publicly available information can’t constitute a trade secret. Sometimes yes, but mineral ownership that can be determined from the public record only after lengthy,…more

Breach of Contract, Confidentiality Agreements, Economic Loss Doctrine, Mineral Rights, Misappropriation

See all updates »

Deepwater Horizon Settlement Fine-Tuned By Fifth Circuit

The Fifth Circuit has taken steps to fine-tune the interpretation and implementation of the agreement BP negotiated to settle its massive liabilities arising from the April 2010 oil spill following the explosion of the Deepwater…more

Deepwater Horizon, Gulf Oil Spill, Settlement

See all updates »

Employing Illegal Workers is Playing with Fire

There was a time when employers didn't risk much in hiring undocumented immigrants. The worst that could happen was simply losing a worker through deportation…more

Employer Liability Issues, Employment Eligibility Verification, Foreign Workers, Hiring & Firing, Illegal Conduct

See all updates »

Three's A Cowd: Texas Court Confirms That Material Correction Instruments Must Be Executed By Heirs, Successors, Or Assigns In Yates Energy Corporation V. Broadway National Bank

In a case of first impression, on December 19, 2018, the San Antonio Court of Appeals held that Section 5.029 of the Texas Property Code (the “Material Correction Statute”) requires that correction instruments be executed by a…more

Deeds, First Impression, Oil & Gas, Royalties

See all updates »

Potential Pitfalls in Waiving or Retaining Attorney-Client Privilege over Pre-Closing Communications in Asset Sales

In DLO Enterprises, Inc. v. Innovative Chemical Products Group, LLC, the Delaware Court of Chancery (the “Court”) in an unpublished opinion analyzed whether the asset purchase agreement included the sale to the buyer of the…more

Attorney-Client Privilege, Corporate Sales Transactions, Pre-Closing Issues, Private Equity, Purchase Agreement

See all updates »

Texas Court Addresses Anti-Washout Clause and Rule Against Perpetuities

Yowell v. Granite Op. Co. and Apache Corp. v. Peyton Royalties, L.P. is another Rule Against Perpetuities case. Keep reading. The anti-washout protection for your reserved overriding royalty could be at risk…more

Contract Interpretation, Contract Terms, Mineral Leases, Oil & Gas, Resales Agreements

See all updates »

Three's A Cowd: Texas Court Confirms That Material Correction Instruments Must Be Executed By Heirs, Successors, Or Assigns In Yates Energy Corporation V. Broadway National Bank

In a case of first impression, on December 19, 2018, the San Antonio Court of Appeals held that Section 5.029 of the Texas Property Code (the “Material Correction Statute”) requires that correction instruments be executed by a…more

Deeds, First Impression, Oil & Gas, Royalties

See all updates »

The Dangers of Improper Mailing to the IRS

Deadlines are important in legal matters, especially when it relates to tax issues.  There are estimated tax deadlines, tax return filing deadlines, and a host of deadlines if a return is audited and any adjustments are…more

Filing Deadlines, Income Taxes, IRS, Tax Liability, Tax Planning

See all updates »

Texas Supreme Court Deems Continuous Development Clause Ambiguous

In Endeavor Energy Resources, L.P. v. Energen Resources Corp. et al. the Supreme Court of Texas construed a continuous development clause in an oil and gas lease covering 11,300 acres in Howard County. After the primary term,…more

Ambiguous, Contract Drafting, Contract Interpretation, Contract Terms, Critical Infrastructure Sectors

See all updates »

Texas Court Applies Amended Citizens Participation Act to a Lease Dispute

Howard, et al. v. Matterhorn Energy, LLC, et al. [6th Dist.] May 4, 2021 considered the Texas Citizens Participation Act as amended, effective on September 1, 2019…more

Breach of Contract, Contract Terms, Lis Pendens, Mineral Leases, Mineral Rights

See all updates »

The 179d Tax Deduction

My law partner, David Gair, and I recently wrote a paper regarding the energy-efficient commercial building tax deduction (IRC § 179D).  The upshot is that the Consolidated Appropriations Act of 2021 recently made this deduction…more

Consolidated Appropriations Act (CAA), Critical Infrastructure Sectors, Energy-Efficiency Tax Credits, IRS, Real Estate Development

See all updates »

Texas Laws Emergency Contractors Must Know

As evidenced by the unprecedented arctic weather last week and the resulting fallout, emergency construction services are essential. Freezing temperatures, hurricanes, tornadoes and other natural disasters lead to a high demand…more

Construction Project, Contract Solicitation, Contractors, Natural Disasters, Price Gouging

See all updates »

Texas Supreme Court Opinion Has Companies Double Checking Contractual Insurance Obligations

On February 15, 2019, the Texas Supreme Court issued its opinion in Exxon Mobil Corporation v. The Insurance Company of the State of Pennsylvania (ICSOP) reversing the First Court of Appeals and finding that ICSOP had waived…more

Appeals, Contract Terms, Endorsements, Energy Sector, Exxon Mobil

See all updates »

Keeping Score in Midstream Dedications in Bankruptcy: Midstreams 2, Producers 1

Ever since the Sabine Oil and Gas Corp. bankruptcy (the top of the first, If it were baseball), where a New York court construed Texas property law to hold that a gathering agreement was not a covenant running with the land, we…more

Commercial Bankruptcy, Contract Terms, Covenants that Run With the Land, Gathering Agreements, Midstream Contracts

See all updates »

Who Said What at the Railroad Commission Market Demand Prorationing Hearing?

We read the comments and listened in on portions of the historic April 14 hearing on the proposal that the Commission order market demand prorationing of Texas oil and gas production. Of the 120+ written comments, 51 supported,…more

Crude Oil, Energy Exploration, Energy Policy, Exploration and Production Assets, Infrastructure

See all updates »

Climate Change 101 for Landmen and Lawyers: Uninhabitable Earth or False Alarm? (Part 5)

This is the conclusion of a five part series reviewing False Alarm, How Climate Panic Costs us Trillions, Hurts the Poor, and Fails to Fix the Planet, by Bjorn Lomborg…more

Carbon Emissions, Carbon Taxes, Climate Change, Energy Policy, Environmental Policies

See all updates »

Defining a Win in Litigation: Mitigating Losses

In this series on defining wins in litigation, we’ve talked about defining the goals and strategies at the outset, clear and open communication, and the benefits of resolving a dispute both financially and reputationally.  The…more

Damages, Litigation Strategies, Loss Mitigation, Mitigation, Punitive Damages

See all updates »

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  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.