Gray Reed & McGraw

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1601 Elm Street
Suite 4600
Dallas, Texas 75201, United States
Contact: Michael Blachly, Director of Client Development
Phone: (214) 237-6370
Areas of Practice
  • Agriculture
  • Alternative Dispute Resolution (ADR)
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Class Action
  • Commercial Law & Contracts
  • Construction Law
  • Criminal Law
  • Debtor/Creditor
  • Elections & Politics
  • Energy & Utilities
  • Environmental Law
  • Family Law
  • Finance & Banking
  • Health
  • 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

Denbury Part II: Big Changes Coming in Texas Pipeline Condemnations ?

Is Denbury’s Green Pipeline a common carrier? That question is alive and well in Texas. In Texas Rice Land Partners Ltd. v. Denbury Green-Texas Pipeline, LLC, the Beaumont court of appeals reversed a summary judgment granted by…more

Appeals, Common Carriers, Oil & Gas, Pipelines, Public Use

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Texas Tax Ruling Favors Frac Trailer Owners

If you were able to keep your frac trailers from the clutches of your avaricious creditors during the past several unpleasant years, you could be in luck. Owners and lessors of frac trailers may be entitled to a refund for sales…more

ALJ, Energy Sector, Fracking, Heavy Equipment, Oil & Gas

See all updates »

Voluntary Church Members Packing in Church

Reverend Leatl Hope, pastor of the First Church of the Boring Seventh Day Adventist Church in Gun Barrel City has been reading about the deadly shootings in churches all over the country, and he is worried. His small…more

Churches, Concealed Carry Permit, Concealed Weapons, Incident Response Plans, Religious Institutions

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Do You Even Meme Bro? The Law of Internet Memes

You know you’ve chuckled at a few of them–the ubiquitous internet meme. But, have you ever wondered whether all this sharing, changing and going “viral” is legal…more

Copyright, Digital Media, Fair Use, Internet, Internet Memes

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What is an Adequate Description For a Mineral Lien ?

Thanks to In re Reichmann Petroleum Corp., we know one that works in Texas: A lien affidavit attaching either a plat or a plat and a Texas Railroad Commission Form W-1 provides an adequate property description for a mineral lien…more

Energy Sector, Liens, Mineral Leases, Oil & Gas

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Trespass But no Damages in a Texas Case

What does it take these days to get money from a Texas jury? Not much, it seems; in XTO v. Goodwin the trick was convincing a higher court that you should keep it…more

Bad Faith, Contract Terms, Easements, Mineral Rights, Minerals

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Ambiguity Sends An Overriding Royalty Dispute Back To The Trial Court

It must be maddening to non-lawyers that a large segment of an industry can operate in harmony by agreeing that a contract in widespread use means one thing, only to have party-crashers decide it means another…more

Ambiguous, Contract Disputes, Royalties, Trials

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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

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Washed Away: What Rights Do You Have When Your Home is Flooded?

Bill Deron bought a 100-acre tract next to a creek outside the City of Houston. Deron planned to build a subdivision where some of the homes abut a creek. The other homes would sit about 15 feet higher than the creekside…more

Building Standards, Construction Industry, Disclosure Requirements, Duty to Disclose, FEMA

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Tax Cheats Can Go Wild In Dallas Texas

The Washington Post published an article on April 8, 2015 titled “In Dallas, the IRS says it can’t chase tax cheats who owe less than $1 million.” Here is a section of the article..…more

IRS, Tax Evasion

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A Myth About Delay – Revisited

Construction lawyers routinely deal with delay claims. I have presented or defended more of them than I can remember. That is why I was curious when, earlier this year, I received a series of email invitations to presentations…more

Construction Contracts, Construction Industry, Construction Project, Contract Disputes, Delay Claims

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Softening a Hurricane’s Blow: Force Majeure and Builder’s Risk

Hurricane Harvey caused severe destruction in Texas with its significant winds and historic rainfall. But Harvey may also prove to be a costly lesson for many project owners and contractors. As Texas begins to focus on recovery…more

Builder's Risk Exclusion, Commercial Insurance Policies, Construction Contracts, Construction Industry, Contract Terms

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How to Manage Credit and Collect Unpaid Bills in Today’s Oil Patch

Everybody from the well site to the board room has an opinion about when oil prices will “rebound”. Rather than an opinion, we have a question: How do I collect my money while we’re waiting? This post is a refresher for…more

Energy Sector, Oil & Gas, Royalties, Vendor Contacts

See all updates »

ICE is coming for Undocumented Workers – How to Prevent Corporate Frostbite

Whatever your political views, undocumented workers and the businesses that knowingly or unknowingly employ them are coming under the microscope. If you compile recent headlines, you’ll know the President has implemented two…more

Audits, Construction Industry, E-Verify, Employer Liability Issues, Employment Eligibility Verification

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Title Troubles In Texas, North Dakota And Montana: Right Of Way v. Fee Conveyance

If you examine titles or read title opinions, this post is for you. I was recently examining instruments for an East Texas title opinion when I came across an instrument that, at first glance, appeared to be an easement…more

Contract Drafting, Easements, Quitclaim Deeds, Title Examination

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Ohio Takes a Position on Market-Value-at-the-Well Royalty Clauses*

In Ohio, in calculating royalties in a market-value-at-the-well lease (as distinguished from a “proceeds” lease), post-production costs are to be shared proportionately by the working interest and royalty owners…more

Class Action, Contract Disputes, Contract Terms, Energy Sector, Gas Royalties

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“Buy American” Law Changes How Texans Buy Iron and Steel

As a result of newly enacted Texas Senate Bill 1289, buying American iron and steel is now a requirement on certain public infrastructure projects in Texas. Promoted by President Trump, passed by the Texas Legislature in May and…more

Buy America, Buy American Act, Construction Project, Executive Orders, Infrastructure

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Texas Tax Ruling Favors Frac Trailer Owners

If you were able to keep your frac trailers from the clutches of your avaricious creditors during the past several unpleasant years, you could be in luck. Owners and lessors of frac trailers may be entitled to a refund for sales…more

ALJ, Energy Sector, Fracking, Heavy Equipment, Oil & Gas

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

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Qualified Domestic Relations Orders: Little-Known Issues Involving Dividend Pass-Through Elections And Same-Sex Spouses

As most family law practitioners are aware, ERISA and the Internal Revenue Code (“IRC”) do not permit a participant in a retirement plan to assign or alienate his/her interest in that plan to another person. These rules are…more

ERISA, QDRO, Retirement Plan, Same-Sex Marriage

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What Can I Get From My Lessee if I Ask the Court For It?

It s been said that if you don’t ask for what you want you’ll get what you deserve. Mr. Hooks took that truism to heart. Hooks v. Samson is about more than the discovery rule (See last week). Here are the other claims at…more

Mineral Leases, Most-Favored Nations, Oil & Gas, Royalties

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The 1956 Model Form JOA Does Not Apply To Future Leases

I learned to drive on an old, black, stick-shift, straight-six, no-radio, no-A/C automobile manufactured the year after the AAPL’s first Form 610 - Model Form Operating Agreement was created. The ’57 Chevy is now considered a…more

Contract Drafting, Joint Operating Agreement, Leases, Oil & Gas

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Hold On To Your Insurance … Federal Court Certifies Deepwater Horizon Questions To Texas Supreme Court

BP’s woes from the Deepwater Horizon disaster in the Gulf continue. The federal Fifth Circuit in In re: Deepwater Horizon, withdrew an opinion of a three-judge panel and certified questions for consideration by the Supreme Court…more

BP, Commercial General Liability Policies, Deepwater Horizon, Gulf Oil Spill, Insurance Industry

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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

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Confusing Expiration Labels Cost Texas Restaurants

All restaurants have to deal with the issue of throwing away food at the end of the day. According to the National Resources Defense Council (NRDC), a powerful environmental action group and the Harvard Food Law and Policy…more

Resorts & Restaurants, Restaurant Industry

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Have You Considered Parking In Your Restaurant Lease?

Shockingly, many restaurant leases fail to account for parking. More often, the landlord considers whether there is enough parking before entering into the restaurant lease negotiations, but they don’t account for it in their…more

Commercial Leases, Contract Negotiations, Parking Lots, Restaurant Industry

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Mineral Conveyance Thwarted by a Spendthrift Provision

In Bradley v. Shaffer, Darrell, a beneficiary of a mineral trust established by his grandparents, purported to convey to Bradley his mineral interests that were subject to the trust and any interest held in trust that he might…more

Energy Sector, Estate Planning, Minerals, Oil & Gas, Rule Against Perpetuities

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How Not to Secure an Oil Well Lien in Louisiana

Rozel Operating v. Crown Point Holdings, LLC, et al., reminds one of the need to understand and apply the meaning of terms used in a statute one is attempting to enforce. And imaginative theories don’t work without evidence to…more

Contract Disputes, Contract Terms, Energy Sector, Judicial Estoppel, Liens

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Two Storms: Hurricane Harvey And HB 1774

Although insurance claims may be the last thing on the minds of many folks in Texas at the moment, HB 1774, which governs “force of nature” related insurance claims, is currently set to go into effect on September 1, 2017…more

Hurricane Harvey, Insurance Claims, Insurance Industry, Natural Disasters, New Legislation

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Production-in-Paying-Quantities Analysis Confirmed

In BP America v. Laddex, Ltd. the Texas Supreme Court affirmed that in a lease termination case the trial court cannot limit the jury’s consideration of production in paying quantities to an arbitrary time period. The court…more

BP, Commercial Leases, Energy Sector, Oil & Gas, Rule Against Perpetuities

See all updates »

How to Manage Credit and Collect Unpaid Bills in Today’s Oil Patch

Everybody from the well site to the board room has an opinion about when oil prices will “rebound”. Rather than an opinion, we have a question: How do I collect my money while we’re waiting? This post is a refresher for…more

Energy Sector, Oil & Gas, Royalties, Vendor Contacts

See all updates »

Washed Away: What Rights Do You Have When Your Home is Flooded?

Bill Deron bought a 100-acre tract next to a creek outside the City of Houston. Deron planned to build a subdivision where some of the homes abut a creek. The other homes would sit about 15 feet higher than the creekside…more

Building Standards, Construction Industry, Disclosure Requirements, Duty to Disclose, FEMA

See all updates »

Rejecting Midstream Agreements in Bankruptcy – the Journey Continues

One of the hottest issues from 2016 was whether an E&P debtor can reject, under section 365 of the Bankruptcy Code, an above-market midstream contract. Given the potential for a “no-win” situation, in all but one case where the…more

Bankruptcy Code, Commercial Bankruptcy, Covenants that Run With the Land, Energy Sector, Midstream Contracts

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Fight Night at Your Company Holiday Party

Jim Duncey, the owner of Duncey’s Caps, Inc., decides to hold an employee/significant other holiday party this year with live music and an open cash bar managed by a third-party bartending service. Each employee will get three…more

At-Will Employment, Car Accident, Drunk Driving, Employer Liability Issues, Hiring & Firing

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