Offset Wells and Liquidated Damages as Unenforceable Penalties. Oil-and-gas leases—at least those drafted by savvy mineral owners—will often include an offset drilling clause. Such clauses stipulate that, if a well is drilled on a neighboring […]
In the latest episode of our energy law podcast, the Managing Partner of KRCL's Houston office, Marcy Rothman, addresses recent developments on a topic that pipelines and other energy companies confront on a regular basis: condemnation and eminent […]
The recent decision of the United States Supreme Court in Murphy v. National Collegiate Athletic Association, is expected to have far-reaching effects on the sports betting landscape in the United States. The case was the appeal of a lawsuit in which […]
Strict compliance with the hours of service requirements set forth by the Federal Motor Carrier Safety Administration (“FMCSA”) is a goal shared by responsible motor carriers and drivers alike. One aspect of the hours of service requirements […]
Back on December 16, 2015 the Federal Motor Carrier Safety Administration instituted a requirement wherein most common carriers and drivers that are required to maintain records of duty status must maintain electronic logs. This electronic logging rule […]
In Schlumberger Technology Corporation v. Pasko, the plaintiff alleged he contracted skin cancer as a result of his exposure to frac fluid. The original exposure occurred in May 2013 when the plaintiff was asked to clean up a fluid spill, which […]
It is one of those arcane principles discussed at length in textbooks that manifests itself in the real world far less frequently: the rule against perpetuities, the notion "that no interest within its scope is good unless it must vest […]
The 85th Session of the Texas Legislature passed H.B. 1217 to allow online notarization, making it the third state (after Virginia and Montana) to allow notaries to perform remote notarial acts. Effective on July 1, 2018, the new law enables a signing […]
Retailers, restauranteurs, and hoteliers sometimes find themselves involved in litigation involving multiple parties. Often, when multiple parties are involved, a settlement is reached with one or more parties but not with others. In those cases, business […]
In Texas, the long-standing "rule of capture" controls claims for subsurface trespass predicated on hydraulic fracturing activities. The rule of capture is, of course, shorthand for the theory that landowners acquire title to the minerals […]
The tactic is used by plaintiffs’ and defense attorneys alike – and in each scenario, the receiving side feels the pain. The hourly-rate defense attorney reviews those 50,000 pages at the standard billable rate, and the contingent-fee plaintiffs […]