Transactions and Financings
- Represented and advised startup exploration and production and midstream companies in securing private equity and debt financing totaling in excess of $1 billion
- Represented oil and gas exploration companies in all aspects of acquisitions and divestitures, including due diligence, in matters exceeding $1 billion.
- Represented a regional bank in the evaluation of a complex credit facility agreement and corresponding transaction documents in connection with a five-year, $100 million credit facility led by a major U.S. bank for the benefit of a large oil and gas exploration and development company as borrower.
- Represented a marketing and transportation company in securing financing for its operations, pursuant to a credit agreement, security agreement and other transaction documents with a major U.S. bank, and provided related corporate services.
- Provided an international company with wide-ranging employment law advice, including the drafting of various employment-related documents and contracts for the company’s U.S. office, employees, and executives.
- Advised an oil and gas midstream company in the interpretation and drafting of various federal helium contracts, gas gathering and processing agreements and related issues concerning royalty valuation, allowable deductions and tax matters associated with natural gas gathering system and processing facility on fee lands in east central Utah.
- Represented equity providers in connection with the drafting and execution of credit agreements, loan agreements and related transactional documents for the funding of exploration and production entities.
- In Marion Energy, Inc. v. KFJ Ranch Partnership, 2011 UT 50 (Utah 2011), argued on behalf of client operator and State of Utah, School and Institutional Trust Lands Administration regarding the scope of an eminent domain statute applicable to certain oil and gas operations. Court ruled against client relying on an alleged ambiguity in the statute. Utah’s state legislature subsequently amended the statute to remedy the alleged ambiguity in a manner completely consistent with the client’s position.
- Reached favorable settlement in defending a large operator from claims of property damage and trespass as a result of the construction of a section line roadway.
- Successfully defended oil and gas operators in two cases by moving for dismissal of tort actions by asserting the subject matter jurisdiction of the Colorado Oil and Gas Conservation Commission and the exhaustion of administrative remedies.
- Successfully defended an operator in an action to remove client as operator of large field based upon allegations of gross negligence in performing operator duties.
- Successfully defended natural gas supplier from claims asserting that sales of natural gas improperly failed to account for elevation changes, having a motion to dismiss on jurisdictional grounds and being awarded attorney fees, both of which were upheld on appeal.
- Represented an oil and gas exploration company in litigation relating to actions of a coal bed methane operator in southern Montana.
- Represented a defendant in putative class action litigation relating to the flaring of natural gas.
- Represented clients in connection with pooling, spacing and related issues, and in their application for drilling permits before, or under the jurisdiction of, oil and gas commissions in Colorado, Montana, North Dakota, Wyoming, Utah and South Dakota.
- Served on a committee commissioned by the Montana Board of Oil and Gas Conservation to study, comment on and provide guidelines regarding the statutory pooling of unlocatable mineral and oil and gas leasehold interest ownership.
Title and Due Diligence
- Conducted due diligence in support of a $6 billion public company merger.
- Prepared mineral estate and overriding royalty acquisition title opinions for acquisitions and divestitures of properties in Colorado, Montana, North Dakota, Ohio, Pennsylvania, Utah and Wyoming.