Your State or Mine – Practical Considerations for Choice of Law and Venue Provisions

This presentation will delve into the strategic considerations for in-house counsel in choosing law and venue provisions in contracts, especially for natural resources and energy companies. It will address key topics such as anti-indemnity statutes, implied covenants, real property considerations, and drafting tips to ensure the enforceability of these provisions.

Credit(s)

0.8

CO Approval ID

849637

Original Program Date

July 19, 2024

Duration

42 minutes

In-house counsel are involved in the drafting and negotiation of a myriad of contracts. Although many companies specify in their contracts that the law and venue where their corporate office is located will govern, is that always the best choice? What should in-house counsel consider when the counterparty in a contract negotiation requests the law and venue of their jurisdiction or another neutral jurisdiction? This presentation will dive deeply into choice of law and venue provisions with a focus on issues of interest to natural resources and energy companies. Topics will include anti-indemnity statutes, implied covenants that may affect contract interpretation, special considerations for real property, and other reasons why a party may favor one jurisdiction over another. The speakers will also discuss the potential risk that courts may not enforce specified choices and provide drafting tips to increase the likelihood that the parties’ choices will be respected.

Video presentation from the 70th Annual Natural Resources and Energy Law Institute.

Speakers

Credits

Materials

1 CLE Credit – Approval ID: CO ID - 849637

This course has been accredited for CLE credit in Colorado. CLE credit hours shown are for Colorado only. A CLE course number for Colorado will be provided to attendees on their certificates of attendance once a course has been completed. New Mexico attorneys who complete a course must notify us (cle@rmmlf.org) because we are required to report credits for you. If this course has been approved for RPL/CPL credit with the American Association of Professional Landmen (AAPL), the credits will be listed below in a separate section for AAPL. If applicable, Component Codes for AAPL recertification will also be provided. Please contact RMMLF if you need independent verification by the provider of your attendance or participation for CLE purposes. Except as provided above, RMMLF generally does not apply for accreditation from any other MCLE/CPD organizations for its online legal education program. Upon completion of a program a certificate of attendance will be issued to all attendees. Except as provided above, attendees must verify with their respective state bars and CPD organizations and their specific rules as to whether or not the certificate of attendance will be recognized by that body for MCLE/CPD purposes, and the number of CLE/CPD credits that may be available. The live presentation of the on-demand program has been accredited in most mandatory states as part of a larger course, but such accreditation does not assure recognition of the on-demand program.

AMY E. SENESHEN is the Managing Partner of Welborn Sullivan Meck & Tooley, P.C. in Denver, Colorado. She specializes in upstream and midstream oil and gas transactions as well as exploration and development projects in the mining sector. Amy is a member of the Board of Directors of The Foundation for Natural Resources and Energy Law and serves as the chair of its Programs Committee. She is ranked in the field of Energy & Natural Resources by Chambers, has been named to The Best Lawyers in America for the field of Oil & Gas Law, recognized by Super Lawyers in Energy & Natural Resources Law and has been selected by the Denver Business Journal as Who’s Who in Energy and Top Women in Energy. Amy is the past Chair of the Natural Resources and Energy Law Section of the Colorado Bar Association. She received her undergraduate degree from the University of Connecticut and her law degree from the William and Mary College of Law.