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Avoid PSA PTSD – When Defining Terms Such as “Net Royalty Acres,” Make Sure There is a Meeting of the Minds 

November 2023 – In Foundation Minerals, LLC v. Montgomery, the New Mexico Court of Appeals considered whether a Mineral Estate Purchase Agreement (the “PSA”) was ...
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October 2023 – Oliva Gibbs is delighted to announce the addition of Professor Christopher Kulander as Of Counsel at the firm. Professor Kulander teaches energy ...
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Arbitration Clauses In Energy Contracts – Pros and Cons

November 2023 - Many contracts in the energy sector contain arbitrations clauses... But is it right for you?
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ESG Deception or Overreach – Understanding the Landscape of Greenwashing Litigation

September 2023 – Climate-related lawsuits against oil and gas companies are on the rise, urging companies to proactively address greenwashing claims by aligning their practices ...
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September 2023 – Oliva Gibbs is pleased to announce the opening of an office in Midland. This additional location in Texas is a strategic move that ...
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Brad Gibbs Joins the OGGN Mixer Connections Podcast

August 2023 – Brad Gibbs joins Kamal Kaur for the OGGN Mixer Connections podcast, where they discuss the power of a great team, ...
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Every Lessee for Himself! – In Cromwell v. Onshore, the El Paso Court of Appeals Doubles Down on Its Support of the “Anadarko Washout”

August 2023 – In 2019, the Texas Eighth District Court of Appeals reached its decision in Cimarex Energy Co. v. Anadarko Petro. Corp., raising eyebrows ...
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Superior Court of Pennsylvania Addresses Enforceability of Competing Arbitration Provisions

August 2023 – In PennEnergy Res., LLC v. Winfield Res., LLC, the Superior Court of Pennsylvania weighed in on the enforceability of competing arbitration clauses ...
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Reasonable Diligence: Ohio Appellate Court Provides Context on the Scope of Heirship Searches for Purposes of Ohio’s Dormant Mineral Act

August 2023 – A critical safeguard of Ohio’s Dormant Mineral Act (the “DMA”) is that notice will be provided to the holder of a severed ...
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Gathering is not Transportation – DCOR & Post-Production Costs Under Federal Leases 

August 2023 – Royalty payments under federal leases are due on production only after it has been placed in “marketable condition.” Thus, a lessee is ...
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West Virginia Supreme Court of Appeals Improper Tax Assessment Does Not Invalidate Tax Sale of Mineral Estate 

August 2023 – In Collingwood Appalachian Minerals III, LLC v. Erlewine, the West Virginia Supreme Court of Appeals addressed the recurring issue of whether an ...
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Self v. BPX Operating Co. & Post-Production Costs in Louisiana

October 2023 – In the recent case of Self v. BPX Operating Co, the United States Fifth Circuit Court of Appeals certified a question for ...
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Mandamus Petition Filed with Top Court Challenging Apex Deposition Notice

August 2023 – Energy Transfer is seeking mandamus relief with the Texas Supreme Court after both the trial court and Fifth Court of Appeals in ...
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August 2023 – Oliva Gibbs is pleased to announce that Josh Van Maele has ...
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Unraveling the Oversight and Authority of Rulemaking Powers by Federal Agencies

August 2023 – Each year, new rules and regulations are made and interpreted by federal agencies based on the laws established by Congress. However, when ...
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The $180 Million Day: Texas Supreme Court Rules In Favor of Apache in Drilling Lease Dispute

July 2023 – Last week, the Texas Supreme Court denied a request by Apollo Exploration, LLC, Cogent Exploration Ltd Co. SellmoCo, LLC to reconsider certain ...
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