Overpayments to owners of oil and gas interests can arise from a variety of circumstances. Once overpayments are discovered, operators often face complex legal and relational hurdles in recouping funds. What legal rights allow an operator to suspend payments or recover overpayments from future production? Can an operator automatically “net” the owner by extending recovery to revenues from other wells owned by the same party? This presentation explores key considerations, including obligations under various states’ proceeds payment acts, the role of division orders, indemnification provisions, and how to address common issues raised by owners. The presentation will survey cases and statutes governing these practices, along with practical and strategic factors that both operators and owners should evaluate to preserve their rights and minimize disputes.
1 CLE Credit
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.
SAMANTHA L. THOMPSON is a founding partner of Hogan Thompson Schuelke LLP. She focuses her litigation practice on resolving complicated disputes for corporate and individual clients, particularly those in the energy industry. Samantha has experience in federal court, state court, and arbitration proceedings and works on both plaintiff- and defense-side cases. She has a particular affinity for the practical application of property law to complex oil and gas disputes. Samantha is proud to represent energy companies such as Chevron, ConocoPhillips, BPX, Devon, Apache, EOG, Mewbourne, and Ovintiv. She is a graduate of Rice University and Harvard Law School and is licensed to practice in Texas and Oklahoma.
JOSEPH A. ADAMS is Managing Counsel of Lower 48 Transactions for ConocoPhillips. Mr. Adams has been with ConocoPhillips since 2011, working in several business roles before joining the Legal Department in 2016. His current practice focuses on upstream acquisitions, divestitures, and other material transactions across the Lower 48. Mr. Adams received his B.A. from the University of Texas at Austin in 2008 and his J.D. from the University of Texas School of Law in 2011.
If available, this course will include materials (PowerPoints presentations and scholarly papers) authored by the speaker or speakers. The materials will be downloadable while viewing the presentation video.
