James Beebe

The Supreme Court of Texas case of Occidental Permian v. Citation 2002 Investment offers insights into interpreting complex conveyance instruments with multiple granting clauses and other provisions. This high-stakes case highlights the importance of precise drafting and holistic interpretation when navigating conveyance intricacies. Learn more on the Energy & the Law blog.

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This article, written by Deutsch Kerrigan attorney Jose R. Ruiz, outlines the Louisiana Supreme Court’s May 2024 ruling in Bennett vs. DEMCO Energy Services, LLC. The Court decided that a defendant’s contractual claim for defense and indemnity against a co-defendant or third-party defendant is not legally “premature” and can be asserted during ongoing litigation. This decision resolves a conflict among appellate courts, clarifying confusion from the 2005 Suire v. Lafayette City-Parish Consolidated Gov’t case. Previously, the First Circuit deferred such claims until liability was established, while other circuits allowed them during litigation. The Bennett ruling promotes judicial efficiency and will significantly impact future defense and indemnification claims. Read the article here: https://lnkd.in/g8JGaUSx #LouisianaSupremeCourt #FirstCircuit #LegalUpdate #IndemnityLaw #DefenseClaims #Litigation #PrematurityException #ThirdPartyClaims

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The development of regulations for new industries and technologies is fascinating. Hydrogen pipelines could be a huge part of a future energy industry, and the federal government is starting to fund their development -- but who is in charge of regulating them? Could it fall to the Surface Transportation Board, which largely focuses on railroads these days? Read more from my Steptoe LLP colleagues!

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An important decision for mineral and royalty owners.

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The Supreme Court of Texas case of Occidental Permian v. Citation 2002 Investment offers insights into interpreting complex conveyance instruments with multiple granting clauses and other provisions. This high-stakes case highlights the importance of precise drafting and holistic interpretation when navigating conveyance intricacies. Learn more on the Energy & the Law blog.

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Houston-based Will Russell recently authored an article on a Fifth Circuit decision that considered the issue of where to draw the line between a permissible correction of computational errors in an arbitration award and an impermissible substantive reconsideration of the award. Read the article in full below. This content was published in LexisNexis Mealey’s International Arbitration. #internationalarbitration #arbitrajeinternacionale #ReedSmithIA

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The mix of transportation fuels is changing rapidly. Now with the California government creating a bigger role for itself in the production, storage and pricing of fuels, this makes for even more challenges making the fuel needed until the EV transition is complete. #sidleyenvironment Learn more here, https://lnkd.in/gsr5BK_F

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The Texas challenge to the EEOC harassment guidance has reached a temporary conclusion. 🛑 For the latest updates and insights on what this means for employers and employees, check out Constangy partner Robin E. Shea's blog post in the link below. #EmploymentLaw #EEOC #WorkplaceHarassment

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The Supreme Court of Texas case of Occidental Permian v. Citation 2002 Investment offers insights into interpreting complex conveyance instruments with multiple granting clauses and other provisions. This high-stakes case highlights the importance of precise drafting and holistic interpretation when navigating conveyance intricacies. Learn more on the Energy & the Law blog.

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With Governor Abbott's appointment today of three excellent judges to Texas's Fifteenth Court of Appeals, the gears of the new Texas business court system are getting ready to spin. The new courts will govern disputes with more than $5 Million in controversy, or those involving publicly-traded companies, involving: (A) internal governance, (B) derivative, and/or (C) securities claims. They will also govern disputes with more than $10 Million in controversy involving: (A) transactions worth more than $10 Million, (B) cases where the parties agreed in advance to business court jurisdiction, or (C) claims under the Texas Business and Commerce Code or Texas Finance Code (with some exceptions). Cases that qualify can be filed originally in the business courts, or defendants in such cases can remove such cases to the business courts (similar to the process of removing to federal court).    The new business courts will completely re-align the considerations for litigating certain types of cases in Dallas, Fort Worth, Houston, and San Antonio. Randomly-assigned and overworked elected judges in these jurisdictions will be replaced for these disputes by one or two well-known judges who are appointed directly by the Governor and have deep familiarity with complex business disputes. This may be a great advantage for corporate litigants with meritorious legal claims, as it will provide substantially improved regularity and predictability for larger business cases in Texas. The challenge will be getting *into* the business courts, as their jurisdiction is limited. Savvy businesses may already be looking at whether it is in their interests to execute agreements for large transactions that stipulate venue in the business courts starting September 1.  The Fifteenth Court of Appeals nominees are extremely well-qualified - I've had the privilege of mediating with one of them in a major case some years ago. They are likely to provide a reliable and reputable backstop for the new trial courts.

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Continuing the discussion: Join me for the third part of our series on common legal misconceptions. Stay informed to navigate legal matters effectively. ⚖️🔍 Reach out today! 📞 713-714-3330 📍 Houston, TX 🌐 restrepodwilawyer.com #RubenRestrepoLaw #HoustonLaw #LegalInsightsTX #HoustonDefense #KnowYourRightsTX #NavigatingJustice #LegalAwareness #HoustonTXLaw #LegalEducation #LegalMisinterpretations

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On May 17, 2024, the Texas Supreme Court issued its opinion in Carl v. Hilcorp Energy Co., No. 24-0036, and confirmed that lessees can deduct gas used off lease in post-production activities when calculating “market value at the well” royalties. The Court’s decision likely spells the end of recent efforts to upend longstanding practices for calculating such royalties. Partners Benjamin Gonsoulin and Macey Reasoner Stokes and associate Elisabeth Butler share their thoughts: https://okt.to/XCnNa4

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As the energy and infrastructure sectors thrive in Texas, some Am Law 100 firms have strategically expanded their presence in the state. These firms recognize the immense opportunities and economic potential that Texas offers. Dave Beran shares his views with the Texas Lawyer. https://bit.ly/3WGAt2R #mlaglobal #legalindustry #lawfirms

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👨‍⚖️ A Texas federal judge ruled that organizations suing to block the FTC Rule banning non-compete agreements nationwide will not have to comply with the rule until the litigation is resolved. 📺 Watch our video https://lnkd.in/dEy4iZjm to learn what this means for your business. 🆘 If you need help updating your noncompete and non-solicitation agreements in light of the FTC Rule and the NLRB’s actions, give us a call at 973.787.8442. #FTC #noncompete #nonsolicitation #hr #employers #gettingyoubacktobusiness #smallbusinessowners #Newjersey #Newyork #noncompeteagreements #nonsolicitationagreements #NLRB

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The Supreme Court of Texas case of Occidental Permian v. Citation 2002 Investment offers insights into interpreting complex conveyance instruments with multiple granting clauses and other provisions. This high-stakes case highlights the importance of precise drafting and holistic interpretation when navigating conveyance intricacies. Learn more on the Energy & the Law blog.

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In his article 'Chasing “Commercial Reasonableness” in Contract Wonderland' Lincoln Chen, litigation attorney in our Houston office, discusses what does it mean for commerce to be “reasonable.” Read the full article here: https://lnkd.in/dMqcdDyn

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