Energy Law

11th Law of Shale Plays Conference

-

Virtual Conference

Registration Open

MCLE Credit will be available

Registrar: +1.972.244.3403
IEL: +1.972.244.3421
Fax: +1.972.244.3401
E-Mail: iel@cailaw.org

Overview

Presented by the Institute for Energy Law and the Energy & Mineral Law Foundation, the 11th Law of Shale Plays Conference will expand its audience in 2020 by going online. Focused on legal issues related to the shale plays in the United States, the conference brings together clients, attorneys, professional landmen, and other professionals to learn and discuss important cases, concepts, and trends.  In addition, the conference features multiple networking opportunities with other attendees.

Conference Co-Chairs

Nicolle R. Snyder Bagnell
Reed Smith LLP
Pittsburgh, Pennsylvania

Leslie Miller-Stover
EQT Corporation
Pittsburgh, Pennsylvania

Tuition

Early registration pricing is available through September 1, 2020.

  • $175.00 - Regular Registration Fee ($200.00)
  • $125.00 - IEL Advisory Board Member (Regular Price: $150.00)
  • $125.00 - IEL Supporting or Sustaining Member Employee ($150.00)
  • $125.00 - IEL Young Energy Professional Member ($150.00)
  • $125.00 - EMLF Member ($150.00)
  • $125.00 - Government Employee ($150.00)
  • $50.00 - Full-time Law Professor ($50.00)
  • $50.00 - Law Student ($50.00)

Schedule and Faculty

Tuesday, September 8

3:30-5:00 pm (EDT)


Virtual Networking Reception – Get together with other energy professionals for conversations on different aspects of the energy industry and the legal profession.

Wednesday, September 9

9:25 am (EDT)


Welcome, Overview and Introductions

9:30 am (EDT)


What Just happened? What Might Happen Next for the U.S. Shale Industry?
Unconventional oil and gas production was able to blossom in the United States because of economics, institutional underpinnings, and regulatory forces unlike anywhere else. In the U.S., landowners have rights to the minerals underfoot and regulatory institutions encourage competition in production and pipeline transport resulting in savings to U.S. consumers. While we cannot predict how things will turn out, uncertainty in the energy industry has led to innovation in technology in the past and 2020 presents another opportunity to do so.

  • Dr. Laura T. W. Olive, NERA Economic Consulting, Boston, Massachusetts

10:00 am (EDT)


Financing Alternatives: Volumetric Production Payment Basics and Bankruptcy Treatment
This session will feature a discussion of the volumetric production payment, including unique legal, real property, tax, and bankruptcy considerations. It will also cover the advantages and disadvantages of the volumetric production payment structure versus other alternative financing structures for oil and gas assets (such as overriding royalty interests, royalty trusts, and wellbore securitizations), and common risk factors for producers and counterparties.

  • Rahul D. Vashi, Kirkland & Ellis LLP, Houston, Texas

10:45 am (EDT)


Dealing with Distressed JOA Counterparties: Practical Advice for Managing Distress Before and After Bankruptcy Filings
The recent market downturn has E&P companies taking a hard look at the creditworthiness of their JOA counterparties and planning for potential bankruptcies. This session will provide practical advice for these situations. The session will first focus on actions that a company can take before a bankruptcy filing, at execution of the JOA and when a counterparty begins showing signs of distress. Next, the session will focus on the time period after the counterparty has filed for bankruptcy protection and ways to optimize outcomes within the bankruptcy process. The presenters will discuss these issues as they relate to operators and non-operators under the AAPL Form 610 Model Form Operating Agreement.

  • Jonathan Ayre, Orrick Herrington & Sutcliffe LLP, Houston, Texas
  • Demetra Liggins, Thompson & Knight LLP, New York, New York & Houston, Texas

11:30 am (EDT)


BREAK

12:15 pm (EDT)


Discussion on the Energy Industry with Toby Z. Rice, Chief Executive Officer of EQT Corporation

1:00 pm (EDT)


BREAK

1:30 pm (EDT)


Legislation in the Time of the Coronavirus
Since March, Congress has enacted several pieces of legislation to minimize the economic harm caused by the COVID-19 pandemic, and the Trump Administration has announced several initiatives to jump start the country’s economic recovery. This presentation will examine how the recent stimulus legislation and actions by the executive branch could impact the energy sector. This session will also discuss how infrastructure legislation and other legislative priorities for the energy sector are being impacted by the coronavirus.

  • Byron R. Brown, Crowell Moring LLP, Washington, D.C.

2:00 pm (EDT)


Recent Title Issues in the Plays: The Impact of Recent Court Decisions in Appalachia and the Midcontinent on How We Draft Documents and Craft a Litigation Strategy
A litigator and a transactional attorney discuss how recent court decisions, including on the Ohio Dormant Mineral Act, the Parol Evidence Rule, and a No-Warranty Lease impact how they draft documents and prepare for courtroom battles over title issues.

  • Kara H. Herrnstein, Bricker & Eckler LLP, Columbus, Ohio
  • Matthew S. Schlensker, Steptoe & Johnson PLLC, The Woodlands, Texas

2:45 pm (EDT)


Sub-Surface Trespass: A Review After Briggs

This session will look at the law of sub-surface trespass in various jurisdictions across the country, with a focus on the state of the law following the ruling from the Supreme Court of Pennsylvania in Briggs. The presenters will give an in-depth discussion of the case law to date, including Briggs, Stone, and Garza. Other potentially relevant law will also be discussed in an effort to offer a full look at where the judiciary stands on this important issue.

  • Lucas Liben, Reed Smith LLP, Pittsburgh, Pennsylvania
  • Brian Anderson, Senior Counsel, Chevron North America Exploration and Production Company, Coraopolis, Pennsylvania

3:35 – 5:00 p.m. (EDT)


Networking – Breakout Discussions Led by In-House Counsel

Thursday, September 10

9:20 am (EDT)


Decision Point – Election and the Energy Industry
Hotly contested federal and state elections featuring candidates with diverse views regarding the energy policy and the US oil and gas industry are fast approaching. This panel will discuss the risks and opportunities of possible election results on the energy industry, in particular on both conventional and shale plays in the US.

  • John Dabbar, Vice-President of Federal and State Government Affairs, ConocoPhillips Company, Washington, D.C.
  • Earl Pomeroy, Former Congressman from North Dakota, Alston & Bird LLP, Washington, D.C.
  • Raya B. Treiser, WilmerHale, Washington, D.C.

10:20 am


BREAK

10:30 am (EDT)


Environmental Litigation in the Shale Plays – How to Overcome Hurdles
Public resistance to oil and gas projects is high. Opponents have scored legal victories that have delayed or shut down key projects. This leads to higher costs and greater uncertainty for oil and gas companies. This session will discuss current litigation trends relevant to operators in the Shale Plays and outline what project developers can do to overcome these hurdles.

  • Andrew T. Bockis, Saul Ewing Arnstein & Lehr LLP, Harrisburg, Pennsylvania

11:00 am (EDT)


A Whole New World (Kind of): Pandemic Pointers, Policies and Best Practices for Energy Employers
This session will review the continued and everchanging impact of COVID-19, including state legislation, on energy employers. The legal and practical considerations of returning employees to in-person work, handling accommodation/leave requests, and handling positive COVID-19 tests and outbreaks will also be reviewed. This session will also consider recent significant employment decisions and what they mean for employers.

  • Karina R. Conley, McDonald Hopkins LLC, Cleveland, Ohio

11:30 am


BREAK

12:30 pm (EDT)


The In-House Perspective on the Energy Industry – 2020 and Beyond

Moderator: Jeremy Mercer, Porter Wright Morris & Arthur LLP, Pittsburgh, Pennsylvania

Panelists:

  • William E. Jordan, Executive Vice President and General Counsel, EQT Corporation, Houston, Texas
  • Erin McDowell, Vice President – Deputy General Counsel, Range Resources Corporation, Canonsburg, Pennsylvania
  • Laura M. Robertson, Deputy General Counsel, Litigation, Arbitration & IP, ConocoPhillips Company, Houston, Texas
  • Stacey Saunders, Managing Counsel, Mid-Continent Business Unit, Chevron North America Exploration and Production Company, Houston, Texas

1:30 pm (EDT)


BREAK

1:45 pm (EDT)


Special Considerations for Holding Leases by Production and Operations in a Commodities Downturn
Maintaining oil and gas leases through commodities downturn necessarily requires a lessee to anticipate challenges on a variety of operational and transactional issues. This presentation will cover the interplay between litigation issues and common lease provisions for holding leases by production or operations and offer special consideration to production in paying quantities and temporary cessation of production.

  • Paul J. Atencio, Babst, Calland, Clements and Zomnir, P.C., Pittsburgh, Pennsylvania
  • Steven B. Silverman, Babst, Calland, Clements and Zomnir, P.C., Pittsburgh, Pennsylvania

2:15 pm (EDT)


Does COVID-19 Excuse Performance of Oil and Gas Contracts? A Primer on Force Majeure and Related Doctrines
This presentation will examine the potential for parties to assert that the COVID-19 outbreak (and its impact upon the ability of certain businesses to function) constitute force majeure events that permit those parties to suspend or avoid obligations under their oil and gas contacts. In addition, the presentation will address related common law doctrines that parties may attempt to invoke in order to avoid their contractual obligations.

  • Gregory J. Krock, McGuireWoods, Pittsburgh, Pennsylvania

2:45 pm (EDT)


Ethical Considerations in the Diversity and Inclusion Space
This session will address the crossroads of ethics and diversity and our ethical responsibilities as members of the bar.  The panel will consider hypothetical scenarios that explore existing rules of professional conduct and how those rules relate to diversity. The panel will also discuss ways to advance diversity, and the ethical reasons why such programs should be the norm, and not the exception.

ModeratorAlan Rosenthal, Senior Counsel, Chevron, Moon Township, Pennsylvania

Panelists:

  • Karim A. Ali, Porter Wright Morris & Arthur LLP, Columbus, Ohio
  • Sophia Lee, Blank Rome LLP, Philadelphia, Pennsylvania
  • Michelle N. Lipkowitz, Saul Ewing Arnstein & Lehr LLP, Baltimore, Maryland
  • Krista-Ann M. Staley, Babst, Calland, Clements and Zomnir, P.C., Pittsburgh, Pennsylvania

3:50 pm (EDT)


Diversity Forum – An Interactive Conversation Regarding Diversity in the Legal Profession

3:45 pm


Adjourn

Sponsorship Opportunities

Diversity Forum Sponsor (Thursday) (Limited to Two) - $5,000
  • One Individual (subject to approval by IEL and EMLF) to Serve On Panel Discussing Diversity in the Profession
  • Single page company/firm advertisement in online material.
  • Recognition in all marketing communications, which will be emailed to thousands.
  • Company/firm logo prominently displayed in the Conference final program.
  • Recognition on the Conference website.
  • Oral and visual recognition as sponsor during conference.
  • 6 complimentary registrants at the Conference.
  • Ability to make one pop-up offer during a conference session (i.e., free access to firm publication for example). Offer is subject to approval by IEL and EMLF. Timing selected by IEL.
In-House Counsel Networking Reception Sponsor (Wednesday) (Limited to Two) - $5,000
  • One Individual (subject to approval by IEL and EMLF) to Host Networking Reception and to coordinate planning with in-house leaders of breakout sessions.
  • Single page company/firm advertisement in online material.
  • Recognition in all marketing communications, which will be emailed to thousands.
  • Company/firm logo prominently displayed in the Conference final program.
  • Recognition on the Conference website.
  • Oral and visual recognition as sponsor during conference.
  • 6 complimentary registrants at the Conference.
  • Ability to make one pop-up offer during a conference session (i.e., free access to firm publication for example). Offer is subject to approval by IEL and EMLF. Timing selected by IEL.
Premier Conference Sponsors (Limited to Two) (Sold Out) - $4,000
  • Single page company/firm advertisement in online material.
  • Recognition in all marketing communications, which will be emailed to thousands.
  • Company/firm logo prominently displayed in the Conference final program.
  • Recognition on the Conference website.
  • Oral and visual recognition as sponsor during conference.
  • 6 complimentary registrants at the Conference.
  • Ability to make one pop-up offer during a conference session (i.e., free access to firm publication for example). Offer is subject to approval by IEL and EMLF. Timing selected by IEL.
Gold Sponsor (Limited to 5) - $3,500
  • Single page company/firm advertisement in online material.
  • Recognition in all marketing communications, which will be emailed to several thousand interested counsel.
  • Company/firm logo prominently displayed in the Conference final program.
  • Recognition on the Conference website.
  • Oral and visual recognition as sponsor during conference.
  • 4 complimentary registrants at the Conference.
  • Ability to make one pop-up offer during a conference session (i.e., free access to firm publication for example). Offer is subject to approval by IEL and EMLF. Timing selected by IEL.
Virtual Networking Reception Sponsor (Tuesday) (Limited to 4) - $3,000
  • One Individual (subject to approval by IEL and EMLF) to Host Networking Reception breakout room.
  • Single page company/firm advertisement in online material.
  • Recognition in all marketing communications, which will be emailed to thousands.
  • Company/firm logo prominently displayed in the Conference final program.
  • Recognition on the Conference website.
  • Oral and visual recognition as sponsor during conference.
  • 3 complimentary registrants at the Conference.
Silver Sponsor - $2,000
  • Recognition in all marketing communications, which will be emailed to several thousand interested counsel.
  • Company/firm logo prominently displayed in the Conference final program.
  • Recognition on the Conference website.
  • Oral and visual recognition as sponsor during conference.
  • 2 complimentary registrants at the Conference.

For more information about sponsorship opportunities, please contact Licia Maria Hogarth, Sponsorship Coordinator, at 972.244.3424 or lhogarth@cailaw.org.

Other Information

We will be using a third party platform to host the webinar/event. By registering for this event, your email address and personal information will be used by the webinar organizer to communicate with you about this event and other services.

Press Policy

All IEL conferences are held under the Chatham House Rule. Participants, including journalists, are free to use any information received, but comments may not be attributed to any speaker identifi ed by name or affiliation.

Visa Information

If you require a letter of invitation to obtain a visa for this conference, payment of the registration fee must first be made.  If you apply and do not receive a visa, please send us a copy of the rejection letter from the consulate, and we will cancel your registration and issue a refund. Please email iel@cailaw.org for more details.

Nondiscriminatory Policy

The Center for American and International Law does not discriminate on the basis of race, color, sex, religion, national origin, age, disability, veteran status or any other protected status in educational activities, scholarship programs or admissions.

Privacy Policy

We do not sell or rent information to any outside parties. By providing your information, you will receive postal and electronic communications from the Institute for Energy Law (IEL) of The Center for American and International Law (CAIL) in accordance with CAIL's Privacy Policy. If we co-sponsor a program with another organization, information may be shared between the parties. All such co-sponsors will be identified on the event details and registration page. At any point, you can opt-out or unsubscribe by selecting either link at the bottom of each email or call us at 972.244.3400.

Sponsor an Event

Presented by

Diversity Forum Sponsor

Premier Conference Sponsors

Silver Sponsors