Contract Terms, Estoppel, Contract Disputes

Production Disputes and Estoppel Claims Cloud Lease Termination in Milam County

McGinnis Lochridge on 5/22/2025

In this lease termination case (Pruett v. River Land Holdings, LLC, No. 03-22-00478-CV, 2024 WL 1745652, at *1 [Tex. App.—Austin Apr. 24, 2024, no pet.]), the Austin Court of Appeals was tasked with examining a cessation of...more

Tenant Estoppels, Part 1 of 2: Practical Reminders on What Tenants Should Avoid

Holland & Knight LLP on 5/9/2025

Although tenant estoppels can seem to be mostly nuisance documents, they can pose traps for the unwary, particularly if you are leasing space that is important to your company's operations or you have loan covenants regarding...more

Disputes 101 - Boilerplate provisions and how not to get scalded

A&O Shearman on 4/1/2025

In the fourth and final post on our series on Disputes 101 we look at boilerplate provisions on: entire agreements, non-reliance, oral variation (aka oral modification) and waiver. Entire agreement and non-reliance - Entire...more

Never mind the estoppel, here’s the implied term

A&O Shearman on 9/24/2021

The former members of English punk band the Sex Pistols brought their unique brand of anarchy to contract law, in a dispute over the construction, effect and enforceability of the band member agreement they entered into in...more

Commercial Division Holds Nonsignatories Are Bound By Agreement’s Arbitration Clause

Farrell Fritz, P.C. on 7/21/2020

“Read before you sign”, is what we counsel our clients, since we all know that courts will bind one contractually to a signed agreement even if not read. But, what if you never signed the agreement? Can you still be bound by...more

Lessor, Should You Cash That Royalty Check?

Gray Reed on 5/29/2019

Did the lessor’s deposit of royalty checks for production from a pooled unit that she contends was improper ratify the improper pooling? In Strickhausen v. Petrohawk et al, a jury will have to sort out the answer....more