69th Annual Oil & Gas Law Conference

Overview

Conference Co-Chairs

J. J. McAnelly
Bracewell LLP
Houston, TX

Kimberly Phillips
Associate General Counsel, Global Litigation – Americas
Shell Oil Company
Houston, TX

John Rogers Award Recipient

Dan O. Dinges
Chairman, President and Chief Executive Officer
Cabot Oil & Gas Corporation
Houston, TX

Dan O. Dinges joined Cabot Oil & Gas Corporation in September, 2001 as its President and Chief Operating Officer, and a member of its Board of Directors.  In May, 2002 he assumed his current position as Chairman, President and CEO.  Prior to joining Cabot, Dinges held management positions over 20 years with Noble Energy. 

In May 2015, Dinges was appointed chairman of the American Exploration & Production Council, a national trade association representing 31 of America’s premier independent natural gas and oil exploration and production companies. Mr. Dinges serves on the board of directors of United States Steel Corporation, American Petroleum Institute, American Exploration & Production Council, Houston Methodist Hospital Research Institute, Spitzer Industries, Boy Scouts of America, and Palmer Drug Abuse Program.  He also serves on the executive committee of the Kay Bailey Hutchison Center for Energy, Law and Business at The University of Texas at Austin.  Dinges is a member of the All-American Wildcatters.  He received a Bachelor of Business Administration degree in Petroleum Land Management from The University of Texas.

Deans of Oil & Gas Practice Lecturer

David E. Pierce
Professor
Norman R. Pozez Chair in Business and Transactional Law
Washburn University School of Law
Topeka, KS

Download the Brochure (pdf)

For more details, download the online brochure.

Tuition

Note: Early registration pricing is available through January 28, 2018.

• $745 - Non-Member Registration Fee (*Member dues begin at $650) (Regular Price: $795)
• $535 - IEL Supporting or Sustaining Member Employee (Regular Price: $575)
• $535 - IEL Young Energy Professional Member (Regular Price: $575)
• $535 - CAIL Member or Member Employee (Regular Price: $575)
• $535 - Government Employee (Regular Price: $575)
• $150 - Full-time Law Student (Regular Price: $150)
• $150 - Full-time Law Professor (Regular Price: $150)
• $225 - Materials Only - I will not be attending the conference. (Regular Price: $225)

Add $150 to receive the course material in a printed binder at the conference. Otherwise, the material will only be provided to you electronically via email. You are welcome to print the online material yourself.

Schedule and Faculty

Thursday, February 15

8:45 am

Welcome and Overview

9:00 am

Keynote – The Conservative Case for Carbon Dividends

• James A. Baker, III, 61st U.S. Secretary of State, Baker Botts L.L.P., Houston, Texas

9:45 am

Recent Developments in Oil and Gas Law (1 hr)

This session will feature a review of important cases and other developments in oil and gas law over the last year.

• Professor Bret Wells, Professor of Law and George Butler Research Professor of Law, University of Houston Law Center, Houston, Texas

10:45 am

Break

11:15 am

Don’t Be “Socially” Unacceptable: Ethical Concerns With Lawyers’ Use of Social Media” (1 hr Ethics)

This program will examine the cutting-edge topic of lawyers’ use of social media platforms like LinkedIn, Facebook and Twitter, and how failure to use such social networking sites in a responsible and ethical manner can result in malpractice exposure, disciplinary actions, and adverse effects on cases, clients, and professional reputation. Using real world examples from cases, disciplinary proceedings, and ethics opinions from around the country, this program will provide practical guidance on the ethical pitfalls associated with social media use as well as helpful pointers for avoiding them.

• John G. Browning, Passman & Jones, P.C., Dallas, Texas

12:15 pm

Networking Luncheon

Thursday Afternoon Concurrent Sessions

US Litigation & Dispute Resolution Module

• Paige S. Goodwin, Assistant General Counsel – Litigation, Labor & Employment, Investigations, Total Petrochemicals & Refining USA, Inc., Houston, Texas
• Katherine Ginzburg Treistman, Orrick, Herrington & Sutcliffe LLP, Houston, Texas

1:30 pm

Royalty Litigation Trends (.75 hr)

This panel of pre-eminent royalty litigators will discuss the past year’s developments and trends in royalty litigation across jurisdictions, from the latest on class actions and arbitrations to marketable condition issues, and more.

Moderator:

• Paige S. Goodwin, Assistant General Counsel – Litigation, Labor & Employment, Investigations, Total Petrochemicals & Refining USA, Inc., Houston, Texas

Panelists:

• Jamie Lavergne Bryan, Winstead PC, Fort Worth, Texas
• Mark D. Christiansen, McAfee & Taft, Oklahoma City, Oklahoma
• Vanessa Garza, Senior Counsel, Chevron U.S.A. Inc., Houston, Texas
• Mark C. Rodriguez, Vinson & Elkins LLP, Houston, Texas

2:15 pm 

Cybersecurity 3.0: Managing Evolving Litigation and Regulatory Risk at Energy Companies (.75 hr)

As cybersecurity attacks and data breaches make daily headlines, companies, including energy companies, face new theories of liability from federal and state regulators, class action plaintiffs, and shareholders, among others, after an incident. What if this happened at your company and if your company is a big or small player in the energy field? In this session, we will explore:

• A potential cybersecurity attack or a data breach at an energy company—what does it look like and best practices for a prompt response?
• Emerging regulatory theories of criminal and civil liability for energy companies, post-Yahoo! and Equifax;
• Liability for your directors and executives;
• Class action trends, defense tactics, and emerging categories of plaintiffs; and
• Current trends and expectations in regulatory examinations and enforcement actions.

• Aravind Swaminathan, Orrick, Herrington & Sutcliffe LLP, Seattle, Washington

3:00 pm

Break

3:15 pm

Climate Change Litigation: How Has it Evolved and What Can Energy Companies Expect? (.75 hr)

After a brief hiatus, the climate tort wars have flared back to life in a new venue. In American Electric Power Co. v. Connecticut, the U.S. Supreme Court foreclosed public nuisance tort litigation for damages arising from climate change by ruling that the federal Clean Air Act displaced claims under federal common law. In response, counties and municipalities in California have brought new tort lawsuits under California law in California state courts. Our distinguished panelists, who are renowned experts in this field, will address challenges facing energy companies and discuss best practices of managing these liabilities under varying state laws.

Moderator:

• Katherine Ginzburg Treistman, Orrick, Herrington & Sutcliffe LLP, Houston, Texas

Panelists:

• Professor Tracy Hester, University of Houston Law Center, Houston, Texas
• Tracie J. Renfroe, King & Spalding LLP, Houston, Texas

4:00 pm

Bankruptcy Considerations in Litigation (.75 hr)

With dozens of oil and gas companies filing for bankruptcy since 2015, the possibility of encountering a co-litigant or counterparty filing for bankruptcy continues to rise. This presentation explores positioning of claims during the bankruptcy case and the differences in litigating claims with a counterparty pre- and post-bankruptcy.

• Demetra L. Liggins, Thompson & Knight LLP, Houston, Texas

4:45 pm

Adjourn

US Transactional Module

• Kristi McCarthy, Chevron North America Exploration & Production Company, Houston, Texas

1:30 pm

How Private Equity Backed Companies are Driving A&D Trends (.75 hr)

This panel will discuss the trends seen in deals with private-equity sponsored buyers/sellers and the drivers that differentiate PE firms from traditional buyers/sellers.

Moderator:

• Erin Hopkins, Baker Botts L.L.P., Houston, Texas

Panelists:

• Jeffrey A. Zlotky, General Counsel, NGP Energy Capital Management, L.L.C., Irving, Texas
• Anu Mehta, Deputy General Counsel and CCO, Lime Rock Partners, Houston, Texas
• Andy West, Vice President, General Counsel and Secretary, EnerVest, Ltd., Houston, Texas

2:15 pm

Avoiding the Traps of Costly Errors in Misclassification of Independent Contractors (.75 hr)

This module will discuss the increased focus by the Internal Revenue Service, Department of Labor, and state governments on perceived misclassification of independent contractors in the oil and gas industry, as well as the marked increase in class and collective legal actions against the industry under the Fair Labor Standards Act and corresponding state wage and hour laws. A number of these suits resulted in positive outcomes for workers, establishing both correct classifications and retroactive compensation for overtime and other lost benefits. Liability for businesses in these suits can be statutorily compounded by liquidated damages and workers’ attorneys’ fees to be paid by the employer.

• Susan Llewellyn Deniker, Steptoe & Johnson PLLC, Bridgeport, West Virginia

3:00 pm

Break

3:15 pm

Controlling Your Own Destiny: Examining Swaps and Why They are Now a Popular Deal Structure (.75 hr)

This panel of experienced in-house lawyers will explore the ins and outs of the increasingly popular swap transaction that allows for acreage core up to drill longer laterals, including the unique provisions and issues associated with swaps (e.g., like-kind exchange challenges, etc.).

Moderator:

• Bryan E. Loocke, Vinson & Elkins LLP, Houston, Texas

Panelists:

• Ben Bosell, Senior Counsel, Chevron U.S.A., Inc., Houston, Texas
• Travis Counts, Senior Vice President, General Counsel and Corporate Secretary, Concho Resources Inc., Midland, Texas
• Matthew Hendrix, Corporate Counsel, Parsley Energy Inc., Austin, Texas

4:00 pm

Consents to Assign and Preferential Rights to Purchase - Restraints on Liquidity and ….Value? (.75 hr)

• Are there any “unreasonable” restraints on alienation? Is every restraint enforceable?
• Crafting consents to assign that address the goals of oil and gas lessors and lessees
• Navigating consent to assign provisions in asset sales
• Application of Preferential Rights to Package Sales
• Complying With, and Avoiding the Application of, Preferential Rights
• Consequences of the Breach of Restraints on Alienation

• Terry I. Cross, McClure & Cross LLP, Dallas, Texas

4:45 pm

Adjourn

John Rogers Award Reception and Dinner

6:00 pm

Reception

7:00 pm

Dinner Honoring Dan O. Dinges, Chairman, President and CEO, Cabot Oil & Gas Corporation

• Petroleum Club of Houston
  1201 Louisiana St.
  Houston, Texas

Friday Morning Concurrent Sessions

International Module

• James P. O’Brien, Baker McKenzie, Chicago, Illinois

9:00 am

A View into the Oil and Gas Business in Brazil (.75 hr)

This panel will explore multiple issues including conducting business post-Car Wash, including changes in the processes and methods for contracting since Car Wash, changing regulations in the interim “Temer” Government, and expectations for the development of pre-salt resources.

• Humberto Quintas, Vice President, Legal, BP Energy do Brasil Ltda., Rio de Janeiro, Brazil
• Danielle Valois, Trench Rossi Watanabe, Rio de Janeiro, Brazil

9:45 am

Challenges and Issues for Mexican Energy Reform (.75 hr)

This panel will explore key issues impacting energy reform in Mexico, including oil and gas rights tender process and available blocks, development of reserve based lending tools for exploitation of oil and gas rights, power project tenders, and gas supply for power projects and other large off-takers.

• Lucia Bustamante, Head of Government Relations, Shell Mexico, Mexico City, Mexico
• Benjamín Torres-Barrón, Baker McKenzie, Mexico City, Mexico
• George Y. Gonzalez, Haynes and Boone, LLP, Houston, Texas

10:30 am

Break

IP/Technology Module

• Nicholas Leach, Chief Counsel, Intellectual Property, Downstream Chemicals & Midstream Law, Chevron Products Co., San Ramon, California

9:00 am

Legal Issues Associated with Departing Employees in the Energy Industry (.75 hr)

This panel will explore various intellectual property law issues that can arise in the context of departing employees in the energy industry, including protecting employer confidential information and trade secrets, off-boarding best practices, and relevant federal and state laws impacting employer and employee rights.

Moderator:

• Steven Christian, Senior Counsel - Intellectual Property Law Group, Chevron Services Company, a Division of Chevron U.S.A., Inc., Houston, Texas

Panelists:

• Dwayne L. Mason, Greenberg Traurig, LLP, Houston, Texas
• Scott M. Nelson, Baker McKenzie, Houston, Texas
• Albert K. Shung, Assistant General Counsel, IP, Total Petrochemicals and Refining USA, Inc., Houston, Texas

9:45 am

Recent Developments in Intellectual Property Law Impacting the Energy Industry (.75 hr)

This panel will highlight recent case law developments affecting intellectual property rights of energy companies. As the U.S. Supreme Court and other federal and state courts continue to issue significant decisions impacting intellectual property law, our panelists will focus on the impact these legal trends are expected to have on the energy industry.

Moderator:

• Nicholas Leach, Chief Counsel, Intellectual Property, Downstream Chemicals & Midstream Law, Chevron Products Co., San Ramon, California

Panelists:

• H. Albert Liou, Jones Day, Houston, Texas
• Jeff C. Dodd, Andrews Kurth Kenyon LLP, Houston, Texas
• Jason P. Sander, Senior Counsel, LyondellBasell, Houston, Texas

10:30 am

Break

IEL Forum Module

• Gabriela B. Boersner, Vice President & General Counsel E&P, Hess Corporation, Houston, Texas
• Liz Klingensmith, Blank Rome LLP, Houston, Texas

9:00 am

IEL Forum (1.5 hr)

Moderators:

• Gabriela B. Boersner, Vice President & General Counsel E&P, Hess Corporation, Houston, Texas
• Liz Klingensmith, Blank Rome LLP, Houston, Texas

10:30 am

Break

Friday Mid-Morning Concurrent Sessions

Regulatory/Compliance Module

• Anthony C. Marino, Slattery, Marino & Roberts, New Orleans, Louisiana

10:45 am

BOEM Notice to Lessees 2016-N01 Covering Financial Assurance (.75 hr)

On July 14, 2016, the BOEM announced changes on how the agency would manage financial assurance by publishing "Notice to Lessees and Operators of Federal Oil and Gas, and Sulfur Leases, and Holders of Pipeline Right-of-Way and Right-of Use and Easement Grants in the Outer Continental Shelf" (Effective as of September 12, 2016). NTL No. 2016-N01 replaced and superseded NTL No. 2008-07. NTL No. 2016-N01 provided a very detailed timeline to implement a risk management program covering liability for decommissioning of existing or future facilities on the OCS. On May 1, 2017, Secretary's Order 3350 directed BOEM to promptly complete a review of and provide a recommendation on whether to implement this NTL to the Assistant Secretary - Land and Minerals Management (ASLM), Deputy Secretary, and the Counselor to the Secretary for Energy Policy. The NTL implementation timeline has been extended indefinitely under an official “pause” while BOEM continues to review the NTL and seek industry feedback. Although the NTL has been  in flux since its effective date and remains on a “pause”, GOM Regional Director Mike Celata will present the BOEM’s current position and regulatory attorney, Nadège Assalé will present industry’s position. Each panelist will offer possible alternatives to the current NTL. 

• Nadège A. Assalé, Bradley Murchison Kelly & Shea LLC, New Orleans, Louisiana
• Mike Celata, Gulf of Mexico Region Director, Bureau of Ocean Energy Management, New Orleans, Louisiana

11:30 am

Trump Deregulation and the Effect on the Energy Industry (.75 hr)

The top priorities of the Trump administration include (i) the promotion and the development of domestic energy resources, which includes coal, oil and natural gas, to achieve energy independence; (ii) regulatory reform by either suspending, revising, or repealing many federal regulations, including many energy and environmental regulations. Since taking office, President Trump has fulfilled some of his campaign promises through the use of executive actions to further his environmental and deregulatory agenda, which postpones, revises or revokes many regulatory actions undertaken by prior administrations, including the Obama administration. This session will analyze the first year of the Trump presidency related to deregulation and discuss potential future deregulation efforts.

• Wayne J. D’Angelo, Kelley Drye & Warren LLP, Washington, D.C.
• Mary Lou Fry, Manager, Legal, Statoil, Austin, Texas
• Wendy Kirchoff, Manager, Environmental and Regulatory Policy, Noble Energy, Houston, Texas
• Randall Luthi, President, National Ocean Industries Association, Washington, D.C.
• Ben Norris, Senior Counsel, American Petroleum Institute, Washington, D.C.

12:15 pm

Deans of Oil and Gas Practice Lecture and Luncheon

Labor & Employment Module

• Kimberly Pilcher, Exxon Mobil Corporation, Houston, Texas

10:45 am

Immigration Law Compliance: What You Need to Know About Immigration Law Audits and Overall Enhanced Scrutiny by the U.S. Government (.75 hr)

Moderator:

• Kelly D. Cobb, Fragomen, Del Rey, Bernsen & Loewy, LLP, Houston, Texas

Panelists:

• R. Blake Chisam, Fragomen, Del Rey, Bernsen & Loewy, LLP, Washington, D.C.
• Patrick Shen, Fragomen, Del Rey, Bernsen & Loewy, LLP, Washington, D.C.

11:30 am

Outsourcing and Divestments: A Global Discussion of Employer Considerations (.75 hr)

Moderator:

• Kimberly Pilcher, Assistant Chief Attorney, Labor & Employment Law, Exxon Mobil Corporation, Spring, Texas

Panelists:

• Scott T. Baken, Jackson Lewis P.C., White Plains, New York
• Latasha D. McDade, Exxon Mobil Corporation, Spring, Texas
• John L. Sander, Jackson Lewis P.C., New York, New York
• Jonathan J. Spitz, Jackson Lewis P.C., Atlanta, Georgia

12:15 pm

Deans of Oil and Gas Practice Lecture and Luncheon

Friday Afternoon Schedule and Faculty

12:15 pm

Deans of Oil and Gas Practice Lecture and Luncheon

• Professor David E. Pierce, Norman R. Pozez Chair in Business and Transactional Law, Professor of Law, Washburn University School of Law

1:45 pm

Are You In Compliance With Your Ethical Obligations? Establishing and Preserving Attorney-Client Privilege in Cross-Border Communications (1 hr Ethics)

Protecting the confidentiality of your legal advice is not just your responsibility as an employee, but also as a lawyer. However, when confidential information crosses international borders, legal professional privilege can be limited or lost altogether. This practical session, filled with real-world examples, will help you avoid the pitfalls suffered by other in-house counsel (some of whom only first learned about this issue after a dawn raid by competition authorities outside the U.S. or a discovery request by a clever plaintiffs' lawyer in the U.S.).

• Jordan W. Cowman, Greenberg Traurig, LLP, Dallas, Texas

2:45 pm

A Look Inside: What Is Really Happening Inside the Legal Department (1 hr)

This panel of senior industry lawyers will address the concerns of general counsel in operating legal departments in the energy industry and provide advice and guidance regarding new and reliable legal strategies and the professional challenges they face.

Moderator:

• Greg Dillard, Katten Muchin Rosenman LLP, Houston, Texas

Panelists:

• Lisa S. Jaubert, Senior Vice President – General Counsel & Corporate Secretary, Stone Energy Corporation, Lafayette, Louisiana
• Christian F. Johnson, General Counsel and Corporate Secretary, Eni US Operating Co. Inc., Houston, Texas
• Hector A. Pineda, Head of Legal US; Associate General Counsel – Downstream US/Central & South America, Shell Oil Company, Houston, Texas
• David P. Poole, Senior Vice President - General Counsel & Corporate Secretary, Range Resources Corporation, Fort Worth, Texas

3:45 pm

Adjourn

CLE Credit

This program is approved by the State Bar of Texas for a total of 10 hours, including 2 hours of ethics. Course ID Number: 174000659. Credit hours for other states will vary and are subject to each state’s approval and credit rounding rules.

For this conference, IEL will directly apply (if requested) for course accreditation in the following states: California, Louisiana, Minnesota, New Mexico, Ohio, Oklahoma, Pennsylvania, Texas and Virginia. Some of these states may not approve a program for credit hours before the program occurs. Attorneys may be eligible to receive CLE credit through reciprocity or attorney self-submission in other states. IEL conferences are typically accredited by all mandatory CLE states.

Hotel Information

The cost of housing is not included in tuition. However, rooms (in limited number) have been reserved at the JW Marriott Hotel, 5150 Westheimer Road, Houston, TX 77056. Registrants should call 1.800.228.9290 and advise them they are attending the "IEL – Annual Oil & Gas Law Conference" to receive a reduced room rate of $209 ++ per night. The last day to obtain this special rate is January 23, 2018.

BOOK HOTEL ONLINE

Sponsorship Opportunities

John Rogers Award Reception and Dinner - $6,000 each (Limited to 12)
The Petroleum Club of Houston
February 15, 2018

• Recognition in the Conference brochure, which will be mailed to several thousand interested counsel and business leaders and will reach many thousands more through email and Internet announcements.
• Company/firm logo prominently displayed in the Conference brochure and final program.
• Company/firm logo on the Conference website, with link to company/firm website.
• Recognition at the reception and dinner.
• 4 complimentary registrants at the Conference.
• Up to 6 guests at the reception and dinner.
• One reserved table at the dinner, if desired. An opportunity to display company/firm materials at the event or at the Conference.

Advisory Board Dinner Headline Sponsorship - $5,000 (Only 1 Allowed) - SOLD OUT
Houston Country Club
February 14, 2018

• 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 at the reception & dinner
• 3 complimentary registrants at the Conference.
• Up to 3 guests at the Advisory Board Dinner
• An opportunity to display company/firm materials at the event or at the conference.

Conference Binder Sponsor  $3,500 (Only 1 Allowed) - SOLD OUT

• Single page company/firm advertisement on the back of the conference material binder that will be distributed to all registrants
• 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 and via social media
• 2 complimentary registrants at the conference, including the John Rogers Award Reception and Dinner
• An opportunity to display company/firm materials at the conference

Wi-Fi Sponsor - $3,500 (Only 1 Allowed) - SOLD OUT

• Name/Logo reflected in wifi access code
• Prominent recognition on the Conference Background Slide
• 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.
• 3 complimentary registrants at the Conference.
• An opportunity to display company/firm materials at the event or at the conference.

Canvas Bag - $3,000 each (Only 3 Allowed) - SOLD OUT

• Name/Logo on one side of canvas bag (ONLY 3 ALLOWED)
• 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.
• 1 complimentary registrant at the Conference.
• An opportunity to display company/firm materials at the event or at the conference.

Networking Luncheon - $3,000 each
February 15, 2018

• Recognition in the Conference brochure, which will be mailed to several thousand interested counsel and business leaders and will reach many thousands more through email and Internet announcements.
• Company/firm logo prominently displayed in the Conference brochure and final program.
• Company/firm logo on the Conference website, with link to company/firm website.
• Recognition at the luncheon.
• 2 complimentary registrants at the Conference.
• An opportunity to display company/firm materials at the event or at the Conference.

Deans of Oil and Gas Practice Lecture Luncheon - $3,000 each
February 16, 2018

• Recognition in the Conference brochure, which will be mailed to several thousand interested counsel and business leaders and will reach many thousands more through email and Internet announcements.
• Company/firm logo prominently displayed in the Conference brochure and final program.
• Company/firm logo on the Conference website, with link to company/firm website.
• Recognition at the luncheon.
• 2 complimentary registrants at the Conference.
• An opportunity to display company/firm materials at the event or at the Conference.

Exhibitor - $1,500 each
February 15-16, 2018

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

For more information about sponsorship opportunities, please contact Licia Maria (Lilly) Hogarth, CAIL Sponsorship Coordinator, at 972.244.3424 or lhogarth@cailaw.org.

Other Information

Privacy Policy

We do not sell or rent information to any outside parties. By providing your information, you will receive postal and electronic communications from the Institute for Energy Law (IEL) of The Center for American and International Law (CAIL) in accordance with CAIL's Privacy Policy. If we co-sponsor a program with another organization, information may be shared between the parties. All such co-sponsors will be identified on the event details and registration page. At any point, you can opt-out or unsubscribe by selecting either link at the bottom of each email or call us at 972.244.3400.