6th Law of Shale Plays Conference

Overview

Presented by the Institute for Energy Law and the Energy and Mineral Law Foundation (EMLF) with the sponsorship of the Energy Litigation Committee of the American Bar Association Section of Litigation

Highlights

• NEW THIS YEAR - Private and Public Capital Raises and Exit Transactions in Today’s Shale Plays
• NEW THIS YEAR – Federal Air Regulation & Its Impact on Upstream and Midstream Operations
• NEW THIS YEAR – Employment Issues in the Shale Plays
• Regional Update - Hot and Anticipated Litigation in the Shale Plays
• Pipeline Infrastructure and Midstream Update
• Seismicity and Unconventional Oil and Gas Activity
• General Counsel Concerns In Operating and Developing Shale Plays
• Ethics of Downsizing: A Lawyer’s Professional Obligations in a Reduction-in-Force
• And Much More!

Download the Brochure (pdf)

For more details, download the online brochure.

Conference Co-Chairs

Sharon O. Flanery
Steptoe & Johnson PLLC
Charleston, West Virginia

Erin W. McDowell
Range Resources - Appalachia, LLC
Canonsburg, Pennsylvania

Tuition

Registration fee includes two day conference, two luncheons, two receptions and the course material provided electronically. It does not include printed binder of program material.

• $725 - Regular registration fee
• $585 - IEL Advisory Board Member
• $585 - IEL Supporting or Sustaining Member Employee
• $585 - CAIL Member or Member Employee
• $585 - EMLF Member
• $585 - ABA-Section of Litigation Member
• $585 - Government Employee
• $125 - Law Student
• $175 - Materials Only (Not attending)
• $75 - Printed Binder (In addition to registration fee)

Schedule and Faculty

Wednesday, September 9, 2015

6:00-8:00 p.m.

Sponsored Welcome Reception at The Rialto Suite and Rooftop, Hotel Monaco (620 William Penn Place, Pittsburgh)

Hosted by the IEL Young Energy Professionals Practice Committee

Thursday, September 10, 2015

7:45 am

Registration and Continental Breakfast

8:45 am

Welcome, Overview and Introductions

Conference Co-Chairs

• Sharon O. Flanery, Steptoe & Johnson PLLC, Charleston, West Virginia
• Erin W. McDowell, Range Resources – Appalachia, LLC, Canonsburg, Pennsylvania

9:00 am

The Outlook for Energy: A View to 2040

• E. Nicholas (Nick) Jones, Energy Advisor – Corporate Strategic Planning, Exxon Mobil Corporation, Irving, Texas

9:45 am

Private and Public Capital Raises and Exit Transactions in Today’s Shale Plays

The session will include a discussion of private capital raises, including debt and other equity or equity-like arrangements, including interests in oil and gas assets (joint ventures or otherwise), production payments, etc., as well as public capital raise options, including public debt, corporate IPOs, the Up C structure, and MLPs.

• Greg Matlock, EY, Houston, Texas
• Stephen T. Olson, Jones Day, Houston, Texas

10:45 am

Break

11:00 am

Litigation Update – Hot Topics and Future Disputes

The oil and gas industry’s rapid growth over the past decade has required courts across the United States to consistently address novel legal issues impacting oil and gas development. This panel of seasoned trial attorneys will present and discuss important judicial developments in oil and gas law from jurisdictions spanning all shale basins including current litigation trends involving calculating royalties, state v. local preemption, preservation and abandonment of mineral rights, and other important topics.

Moderator

• Kevin L. Colosimo, Burleson LLP, Canonsburg, Pennsylvania

Panelists

• Donald D. Jackson, Haynes & Boone, LLP, Houston, Texas
• Timothy M. Miller, Babst Calland, Charleston, West Virginia
• R. Jeffrey Pollock, McDonald Hopkins LLC, Cleveland, Ohio
• Paul K. Stockman, McGuireWoods LLP, Pittsburgh, Pennsylvania

12:15 pm

Hosted Luncheon

1:00 pm

Hosted Luncheon Presentation (30 minutes)

Energy Production 2015-2020 – What Do The Next Five Years Hold?

The first half of the current decade has seen incredible changes and swings in the energy sectors - booming shale plays, crashing prices, displacement of coal, and increasing government regulation. The second half of the decade will see the winding down of the Obama regulatory agenda, a transition to a new Administration, and the continued evolution of the domestic energy mix. Former Wyoming Governor Dave Freudenthal will share his views and answer audience questions on what may lie ahead on policy, regulatory, and business trends for the energy sectors, particularly for upstream and midstream operations in both the eastern and western US.

• Dave Freudenthal, Former Governor of Wyoming, Crowell & Moring LLP, Cheyenne, Wyoming

1:45 pm

Break

2:00 pm

Midstream and Marketing Challenges in a Reduced Price Environment

A general overview of the current state of the industry in Appalachia, a review of infrastructure and a discussion on future demand.

• Matt Curry, Director of Business Development, Range Resources Corporation, Canonsburg, Pennsylvania

2:30 pm

FERC and Midstream Update

A general overview of FERC developments and other legal developments impacting FERC-regulated natural gas pipelines and midstream gas gathering pipeline operations.

• Kurt L. Krieger, Steptoe & Johnson PLLC, Charleston, West Virginia

3:15 pm

Break

3:30 pm

Recent Developments in Royalty Litigation in the Shale Plays

A look at court decisions and pending cases addressing the payment of royalties to lessors and issues involved in calculating damages in royalty disputes.

• Kevin C. Abbott, Reed Smith LLP, Pittsburgh, Pennsylvania
• Nicolle R. Snyder Bagnell, Reed Smith LLP, Pittsburgh, Pennsylvania 

4:30 pm

Seismic Activity and Unconventional Oil and Gas Activity

There have been a number of recent articles relating unconventional oil and gas activity to man-made, or induced, seismic events. This session will explore the current state of the research and the latest lawsuits on the subject. We will also discuss a number of pending or recently passed regulatory responses to the topic.

• Barclay Nicholson, Norton Rose Fulbright LLP, Houston, Texas

5:00 pm

Sponsored Networking Reception at the Omni William Penn Hotel

Friday, September 11, 2015

7:45 am

Continental Breakfast

8:30 am

General Counsel Panel

This panel of senior industry lawyers will address the concerns of general counsel in operating and developing shale plays given the current price and industry challenges.

Moderator

• Erin W. McDowell, Range Resources – Appalachia, LLC, Canonsburg, Pennsylvania

Panelists

• C. Corwin Bromley, MarkWest Energy Partners, L.P., Denver, Colorado
• Larry D. Cannon, FTS International, Fort Worth, Texas
• David P. Poole, Range Resources Corporation, Fort Worth, Texas

9:45 am

Shale Pay: Managing the Increased Risk of Wage Issues in the Shale Plays

Class action lawsuits and Department of Labor investigations concerning overtime pay, day rates, and classification of contractors in the oil and gas sector have cost companies millions of dollars in recent years, and the risk is only increasing. Newly developed theories of liability and a “targeted initiative” by the Department of Labor into the sector have led to increased exposure in the oil and gas industry, which the Department of Labor describes as “one of the most fissured” industries in the country. Now, the Department of Labor has proposed new regulations that will double the compensation due to exempt employees and require companies to automatically increase and update salary and compensation levels. Learn how to apply preventative measures to avoid mistakes that have allowed wage class actions to become one of the most frequently filed and fastest growing areas of litigation.

• Megan Jennings Batchelor, Gardere Wynne Sewell LLP, Houston, Texas

10:15 am

Break

10:30 am

Something in the Air – Federal Environmental Regulation & Its Impact On Upstream and Midstream Operations

The Obama Administration is poised to issue multiple and far-reaching new regulations governing air emissions that will have critical impacts on upstream and midstream operations. This presentation will provide an overview of three regulatory actions anticipated to be released in the months preceding the Shale Plays conference: (1) EPA’s novel 111(b) proposal for regulation of oil and gas sector methane emissions, along with Control Techniques Guidelines for reducing existing source VOC emissions; (2) EPA’s Clean Power Plan, which may carry significant natural gas demand impacts and other implications for the industry; and (3) EPA’s planned new rulemaking on air aggregation/single source determination, which may impose new permitting demands upon widespread sources of air emissions.

• Kirsten L. Nathanson, Crowell & Moring LLP, Washington, D.C.

11:15 am

Environmental Issues in the Shale Plays

This panel of environmental attorneys will provide an overview of the fast moving status of environmental statutory, regulatory, and case law as it applies to the Shale Plays across the country. Topics for discussion will include seismicity, noise, waste and water management, endangered species, midstream development litigation trends, etc.

• Kathy G. Beckett, Steptoe & Johnson PLLC, Charleston, West Virginia
• Margaret Anne Hill, Blank Rome LLP, Philadelphia, Pennsylvania
• Larry W. Nettles, Vinson & Elkins LLP, Houston, Texas
• Kristin L. Watt, Vorys, Sater, Seymour and Pease LLP, Columbus, Ohio
• R. Timothy Weston, K&L Gates LLP, Harrisburg, Pennsylvania

12:15 pm

Sponsored Networking Luncheon at the Omni William Penn Hotel

1:30 pm

The Ethics of Downsizing: A Lawyer’s Professional Obligations in a Reduction-in-Force

The collapse of oil prices since last summer have led to significant reductions-in-force by producers and service companies, and the host of employment law issues that come with them have become a fact of life in the industry.

Apart from the myriad concerns, complications and laws that impact the way a reduction in force can and should be conducted, lawyers must be aware of hidden ethical considerations as they guide their internal and external clients through a RIF. This presentation will identify and examine these and other concerns:

• Who is the “client” in a RIF?
• How far down the chain of command does the attorney-client privilege extend?
• What is the scope of the duty of confidentiality in a RIF?
• How do ethical rules affect the attorney’s communications with managers and supervisors?
• What are the rules for ex parte communications with potential claimants?
• What potential conflicts of interest exist in a RIF scenario, and how do you avoid them?
• The ethics of handling whistleblower in a RIF context
• Handling separation and settlement discussions in a RIF
• RIF selection criteria and the ethics of access to personal information

• John Mattiace, Kelley Drye & Warren LLP, New York, New York

2:30 pm

Adjourn

CLE Credits

MCLE Credit

AAPL Credit

This program has been accredited for 9.25 RL, RPL or CPL recertification credit(s) (CEU), and 0 CPL/ESA, and/or 1 Ethics credit(s) (CEU Ethics), for a total of 10.25 credit(s). (Number of credits accredited or claimed for 100% participation in this educational program)

Hotel Information

The cost of housing is not included in tuition. However, rooms (in limited number) have been reserved at the Omni William Penn Hotel, 530 William Penn Place, Pittsburgh, PA 15219. Registrants should call 1-800-THE OMNI (843-6664) and reference "Shale Play Laws Conference" to receive a reduced room rate of $145 + applicable taxes/night. The last day to obtain this special rate is August 19, 2015.

BOOK HOTEL ONLINE

Sponsorship Opportunities

Welcome Reception - $1,500 each
(Hosted by the IEL Young Energy Professionals & the Oil & Gas Practice Committee)

• Recognition in the Conference brochure, which will be mailed and/or emailed to several thousand interested counsel and business leaders and will reach many thousands more through web announcements.
• Company/firm logo prominently displayed in the Conference brochure and final program.
• Recognition on the Conference website
• Recognition at the Reception
• 1 complimentary registrant at the Conference
• An opportunity to display company/firm materials at the event or at the conference.

Hosted Luncheon - $2,500 each
Guest Speaker: Dave Freudenthal, 31st Governor of Wyoming from 2003 to 2011

• Recognition in the Conference brochure, which will be mailed and/or emailed to several thousand interested counsel and business leaders and will reach many thousands more through web announcements.
• Company/firm logo prominently displayed in the Conference brochure and final program.
• Recognition on the Conference website
• Recognition at the Luncheon
• 1 complimentary registrant at the Conference
• Up to 2 complimentary guests for the luncheon
• Seats for you and your guests at a designated sponsors’ table
• An opportunity to display company/firm materials at the event or at the conference.

Networking Luncheon - $2,500 each

• Recognition in the Conference brochure, which will be mailed and/or emailed to several thousand interested counsel and business leaders and will reach many thousands more through web announcements.
• Company/firm logo prominently displayed in the Conference brochure and final program.
• Recognition on the Conference website
• Recognition at the Luncheon
• 1 complimentary registrant at the Conference
• Up to 2 complimentary guests for the luncheon
• (Space permitting), a seat at the luncheon head table
• Seats for you and your guests at a designated sponsors’ table
• An opportunity to display company/firm materials at the event or at the conference.

Networking Reception - $2,000 each

• Recognition in the Conference brochure, which will be mailed and/or emailed to several thousand interested counsel and business leaders and will reach many thousands more through web announcements.
• Company/firm logo prominently displayed in the Conference brochure and final program.
• Recognition on the Conference website
• Recognition at the Reception
• 1 complimentary registrant at the Conference
• An opportunity to display company/firm materials at the event or at the conference.

Exhibitor (Non-law firms) - $1,500 each

• Space to display company/firm materials at the conference.
• Name/logo on Conference website with link to company page.

Other Information

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