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OnDemand

Current Landscape of Royalty Dispute Litigation


Owen L. Anderson, Stacy Burrows, Matt Salzman, Elizabeth L. Tiblets
Credit(s): 2 CLE
Original Program Date: October 13, 2021
Duration: 1 hour 34 minutes
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    Category: Royalty, Energy, Oil & Gas
    Category: Royalty, Energy, Oil & Gas (show less)
    Other: litigation, royalty
    Other: litigation, royalty
    (show less)
    Oil and gas royalties have been a consistent source of litigation for over a century, with no signs of letting up; in fact, just the opposite. For decades, royalty litigation has primarily focused on royalties on gas production. Now, however, lessors are bringing more and more challenges for underpayment of crude oil royalties.

    Consequently, topics covered in this webinar include:

    • Overview of the approaches taken by various jurisdictions, including “at the well” states, “marketable product rule” states, and variations of these.
    • Examples of the key case law from specific jurisdictions to illustrate the range of approaches taken by the various states, sometimes resulting in different interpretations or applications of similar royalty clause language.
    • Review of opinions from recently decided royalties cases, including class actions, and potential implications of those opinions for proper royalty calculations and future litigation.
    • A discussion from the plaintiffs-lessors’ perspective of these recent royalty opinions and explanation of some of the theories or claims in certain pending cases.
    • A discussion from the defendants-lessees’ perspective of these recent royalty opinions and some of the defenses that are being asserted in certain pending cases.
    2 CLE   CO-805819 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.

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