Energy - Oil and Gas

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Kutak Rock attorneys counsel publicly and privately held oil and gas companies and oilfield service providers on a wide range of matters. These clients rely on us to assist them in moving their business forward in a rapidly changing industry. From a purchase and sale agreement for an independent to a secured lending facility to litigating breaches of contracts of purchase and sales agreements for national conglomerates, our attorneys work together in national practice groups across office lines to protect our clients and their businesses.

We understand the complexities of the oil and gas industry and know that every client faces different hurdles in maximizing, growing and protecting their assets. Based upon our extensive experience, we anticipate next steps, offer customized solutions and communicate early and often to ensure we mitigate surprises for our clients. Our comprehensive advocacy representing our clients’ interests, paired with cost containment practices, enables our clients to meet their business objectives in a cost-effective manner.

Oil & Gas Transactions

From the day-to-day operations of running a business to corporate governance issues, oil and gas clients turn to our team of attorneys for assistance on a wide array of transactional matters. We work closely with them to ensure a cohesion of their strategic objectives and the underlying agreements that manage their assets - how each agreement is structured individually and how they work in conjunction with one another is vitally important to the success of each business. Some examples of the transactions and related agreements that our attorneys have negotiated include:

  • Agreements for the purchase and sale of oil and gas assets;
  • Secured financing, including asset based bank lending;
  • Representation of publicly-held exploration and production and oilfield service companies, including public offerings of securities, exchange offers and ongoing securities reporting;

  • Mergers and acquisitions;

  • Divestitures;

  • Due diligence; and

  • Oil and gas processing, marketing and transportation agreements.

The breadth of experience of our real estate, corporate and tax teams allows us to bring an interdisciplinary approach to each oil and gas transaction, and complete all phases of our clients' transactions, efficiently and successfully.

Oil & Gas Litigation

Kutak Rock’s national litigation practice consists of over 120 attorneys working in 16 offices from coast-to-coast. Throughout our national network of offices, our trial attorneys are divided into a number of specialized groups, such as our energy team, to ensure that we comprehensively secure our clients’ objectives in each matter. A vital component of the Firm’s litigation practice is providing counseling and advice to clients at both the pre-litigation and litigation stages. We work to understand our clients’ legal and business positions and look for creative ways to achieve those goals while minimizing the costs and exposures of litigation.

In the oil and gas industry, our attorneys have extensive experience litigating complex and cutting-edge issues that threaten our clients’ ability to conduct their businesses. Following are examples of issues recently litigated by our team of energy trial attorneys:

  • Operations claims, including actions for operator removal under Joint Operating Agreements;
  • Royalties, including propriety of deductions and the calculation of deductions;
  • Fracking issues and other well-specific activities, including subsurface trespass and environmental claims;
  • Environmental issues relating to oil and gas operations, including toxic tort and class action issues;
  • Operation of a coal bed methane fields;
  • Breaches of contracts, including purchase and sale agreements;
  • Surface use and access issues, including easements and rights-of-way;
  • Condemnation and eminent domain proceedings;
  • Natural gas processing and marketing agreements;
  • Bankruptcy and creditors’ rights issues;
  • Federal lease terminations;
  • Corporate governance;
  • Securities and anti-trust claims;
  • Construction defects; and
  • Insurance claims.

Over the last few decades, Kutak Rock has secured thousands of successful verdicts. While we measure our success by verdicts or awards, we also measure our success by our clients’ satisfaction in knowing that we resolve their business problems in the most efficient manner possible. Through settlement or trial, we are results-driven because we understand the importance of providing clients with a return on their investment.