8:30 a.m. • Registration & Full Breakfast
9:00 a.m. • Common Problems Associated with Defeasible Interests in Kansas and Elsewhere
Prof. David E. Pierce, Washburn University School Of Law, Topeka
Professor Pierce will use the recent decision in OXY USA, Inc. v. Red Wing Oil, LLC to examine common defeasible term interest problems and offer suggested deafting solutions for each problem.
9:50 a.m. • Topics for Joint Working Interest Owners: (1) Why You Shouldn’t Skip the JOA, and (2) Overhead, Can it Kill a Lease?
Casey L. Jones, Hinkle Law Firm LLC, Wichita
The first part of the presentation will focus on the potential consequences that joint working interest owners could fave if they fail to use a joint operating agreement to govern their relationship. The second part of the presentation will look at overhead costs charged by an operator to non-operators and the impact on a production in paying quantities analysis.
10:40 a.m. • Break
10:55 a.m. • The Shock of Oil Prices: What Can and Should an Operator Do in Response?
David E. Bengtson, Stinson Leonard Street LLP, Wichita
The recent precipitous decline in the price of oil has had a significant impact on the oil and gas industry. That impact was swift and it remains uncertain when there will be any relief. An oil and gas lease that is beyond its primary term remains in effect will terminate upon the cessation of production in "paying quantities". Do operators risk lease termination? What, if anything, can an operator do to protect its leases and itself during these uncertain times? This presentation will explore these issues.
11:45 a.m. • Lunch (provided)
12:30 p.m. • The Significance of the Kansas Supreme Court's Holding in Fawcett v. Oil Producer's Inc. of Kansas
Robert W. Coykendall, Morris Laing Evans Brock & Kennedy Chtd., Wichita
Prof. David E. Pierce, Washburn University School Of Law, Topeka
Robert Coykendall will discuss some of the cases that laid the foundation for the Court of Appeal and Supreme Court opinions, and will provide information on the theories raised by plaintiff class following remand of the Fawcett case.
Professor Pierce will examine the jurisprudential significance of Fawcett and discuss the legal literature addressing the decision,
1:20 p.m. • Nuts and Bolts on Unitization Proceedings at the KCC
Thomas M. Rhoads, Glaves Irby & Rhoads, Wichita
Stanford J. Smith Jr., Martin Pringle Oliver Wallace & Bauer LLP, Wichita
2:10 p.m. • Break
2:25 p.m. • Current Status Update of Federal Environmental Laws
Chris Steincamp, Depew Gillen Rathbun & McInteer L.C., Wichita
Joe Schremmer, Depew Gillen Rathbun & McInteer L.C., Wichita
Mr. Steincamp & Mr. Schremmer will discuss the current status of Federal environmental laws pertaining to the oil and gas industry, including Waters of the United States, methane emissions, endangered species and other current topics.
3:15 p.m. • Five Ethical Questions I've Always Wanted Answers To (and we're nit leaving 'til I get them)
David E. Bengtson, Stinson Leonard Street LLP, Wichita
Keith A. Brock, Anderson & Byrd, LLP, Ottawa
Tyson R. Eisenhauer, Johnston Eisenhauer & lynch LLC, Pratt
Tyler K. Turner, The Jeter Law Firm LLP, Hays
Situations related conflicts of interest and confidentiality can be among the most puzzling and difficult ethical situations for an oil and gas attorney to navigate. This presentation will present five factual scenarios to a panel of oil and gas attorneys for discussion.
4:05 p.m. • Adjourned
David Bengtson has many years of experience representing oil and gas companies in nearly all aspects of their business, including litigation, transactional matters, title opinions, and regulatory issues. His litigation experience ranges from the defense of statewide royalty owner class action lawsuits to routine lawsuits over operational and contractual matters. His regulatory experience ranges from complex multi-party field rules hearings to routine regulatory filings and applications. His transactional experience includes due diligence, purchase and sale agreements, joint exploration agreements, and farmout agreements. He also has extensive experience in preparing drilling and division order title opinions.
Keith Brock is a partner at the law firm of Anderson & Byrd, LLP in Ottawa. He has chosen to focus his practice in the area of oil, gas and energy law, primarily representing oil and gas producers, and lenders engaged in oil and gas financing transactions. He routinely appears before the Kansas Corporation Commission in conservation matters, and is experienced in title examination, transactional drafting and civil litigation. Keith is a member of the Board of Directors for the Eastern Kansas Oil & Gas Association and is a member of the faculty for the Mineral Title Examination course and also the Oil and Gas Conservation Law & Practice course offered by Washburn University School of Law. He has been a presenter at multiple continuing legal education seminars, typically presenting on the subject of oil and gas law and is a member of the Kansas Bar Association, Oil, Gas and Mineral Law section and is past president of the Franklin County Bar Association.
Robert Coykendall has been practicing law at Morris Laing since 1981. He practices in the area of civil litigation and has represented a wide range of clients in class actions, in cases involving intellectual property and eminent domain and has frequently represented oil and gas exploration and production companies. Bob has served as counsel in a number of royalty owner class actions before the Kansas Supreme Court, Kansas Court of Appeals, Tenth Circuit Court of Appeals, and the United States Supreme Court. He represented oil and gas producers in cases involving interest on suspended royalty cases in the 1980’s, take-or-pay cases in the 1990’s, as well as the most recent push for increased royalties in the “marketable condition” cases. Bob has been included on the list of Best Lawyers in America and Martindale-Hubbell Law Directory has rated him at the highest AV® rating.
Tyson Eisenhauer is an attorney with Johnston Eisenhauer Eisenhauer & Lynch, LLC in Pratt, Kansas. His practice primarily focuses on oil and gas law, including an emphasis on mineral title examination. Tyson graduated with honors from Washburn University School of Law. Currently, Tyson is an at-large member of the KBA Oil and Gas Law Section's executive committee. He also lectures as a guest faculty member for Washburn University School of Law's mineral title examination course.
Casey Jones joined Hinkle Law Firm LLC in the fall of 2011. He practices primarily in the area of energy law, representing private, public, and governmental entities, as well as businesses whose portfolios include energy-related endeavors. Casey assists clients with nearly all aspects of their business, including drafting various agreements related to the lease, purchase, sale, and development of assets, the creation of easements and other land use agreements, and financing arrangements. Casey also performs title work, assists with regulatory matters, and helps clients work through the litigation process when the need arises.
David Pierce is a professor at Washburn University School of Law where he teaches Oil and Gas Law, Advanced Oil and Gas Law, Mineral Title Examination, Oil and Gas Conservation Law and Practice, Environmental Regulation of the Oil and Gas Industry, Energy Regulation, and Drafting Contracts and Conveyances. He is the Director of Washburn’s Oil and Gas Law Center and holds the Norman R. Pozez Chair in Business and Transactional Law. He lectures and writes extensively on topics in oil and gas law, property, contracts, legal drafting, and professional responsibility.
Tom Rhoads is a sole practitioner in Wichita, Kansas. He obtained his B.A. from the University of Kansas,and his J.D. from the University of Kansas School of Law. His practice concentrates on oil and gas exploration and development, operating issues. He has appeared before federal and state district and appellate courts in Kansas and surrounding states, and practice before the Kansas Corporation Commission. He is a member of the Kansas and Wichita Bar Associations, Kansas Independent Oil and Gas Association and Wichita Association of Petroleum Landmen.
Joe Schremmer focuses on oil and gas, environmental, and business law. Joe represents clients across a variety of industries in administrative proceedings, litigation, and business and real estate transactions. He served as in-house counsel for a large independent oil and gas production and services company prior to joining the firm. In addition to his practice, Joe publishes articles and speaks on topics related to his primary practice areas.
Joe grew up in Derby, Kansas. He graduated from the University of Kansas with his B.S. and B.A. degrees in 2009 and MBA in 2013. Joe received his Juris Doctor degree in 2013 from the University of Kansas School of Law, where he served as Editor in Chief of the Kansas Law Review. Upon graduation from law school, Joe was inducted into the Order of the Coif and recognized by the faculty as the top overall graduate in the combined areas of scholarship, leadership, and service.
Joe is a member of several professional organizations, including the Kansas and Wichita Bar Associations, the Wesley E. Brown American Inn of Court, and the Young Professionals of Wichita. He has served on the Board of the Young Lawyers division of the Wichita Bar Association. Joe is also a member of the Eastern Kansas Oil and Gas Association (EKOGA) and serves on the Board of Directors of the Kansas Independent Oil and Gas Association (KIOGA). Joe also sits on the Board of Trustees of the Mid-America All-Indian Center, and volunteers his time with the Knights of Columbus and the Lord’s Diner. Joe and his wife, Jessica, are life members of the KU Alumni Association.
Stan Smith is the Managing Partner of Martin Pringle Law Firm, and focuses his practice on energy & oil and gas law, as well as insurance defense. In his more than 30 years of practice, Stan has developed a thriving practice representing clients in the energy industry. Early in his career, Stan appeared before the Kansas Corporation Commission (KCC) and successfully argued for a change in the field rules to permit additional drilling in the Hugoton gas field (the largest gas field in the continental United States). Since then, he has represented clients in litigation pertaining to oil and gas leases, lease operations, fractional shares, mineral royalties, surface rights, and environmental disputes. He also regularly advises and advocates for clients on a variety of regulatory matters before the KCC. Stan is a member of the Kansas Independent Oil and Gas Association (KIOGA) and is a past president of the Kansas Bar Association’s oil and gas section. He is admitted to practice in Kansas and has been recognized as a Best Lawyer in America and a Kansas Super Lawyer since 2009.
Chris Steincamp has been involved in complex environmental litigation, regulatory matters and environmental issues in mergers and land transactions in Kansas and across the country. He has authored numerous articles on environmental law and oil and gas law and spoken at seminars on environmental compliance and litigation and energy-related topics. Chris authored the environmental law chapter of the Kansas Annual Survey of Law for 15 years and is one of the authors of the Kansas Bar Association Environmental Handbook. He is a member of the Kansas Association of Defense Counsel and the Defense Research Institute. Chris was born in Great Bend, Kansas, and received his B.S. degree in geology from Kansas State University in 1989 and Juris Doctor (magna cum laude) from Washburn University in 1993. Chris is a licensed geologist and past Chairman of the Kansas State University Geological Advisory Council and past President of the Oil, Gas and Mineral Law Section of the Kansas Bar Association. He is a member of the Wichita and Kansas Bar Associations, American Association of Petroleum Geologists and a member and officer of the Division of Environmental Geosciences. He also serves on the Wichita Area Chamber of Commerce Water Resources Committee and is a member of the Wichita Area Petroleum Landmen and Kansas Independent Oil & Gas Association (KIOGA). Chris has served two terms as Chairman of the Board of the American Heart Association, Sedgwick County Division, and is a past President of the Downtown Y’s Men’s Club of Wichita. He was selected for the 2003 Class of 40 Under 40 and the 2003 Class of Leadership Wichita. Chris has served on the Board of Directors of Wichita Festivals, Inc., and Friends of the Wichita Art Museum, Inc. as well as the Dean’s Council for the College of Arts and Sciences at Kansas State University. He served as a trustee for Leadership Wichita, and is the current Chairman of the Board of Wichita Crime Commission. Chris has been listed as “Best Lawyers in America” in environmental law since 2006 and was selected the 2014 and 2016 Lawyer of the Year in Environmental Law.
Turner is an attorney with the Jeter Law Firm, LLP in Hays, Kansas. His practice primarily focuses on oil and gas title examination and oil and gas curative measures. Mr. Turner is a graduate of Washburn Law School where he participated in Moot Court and the student chapter of the Rocky Mountain Mineral Law Foundation. Prior to attending law school, he was a landman for J. Fred Hambright, Inc., where he negotiated leases for a variety of oil and gas companies in Kansas and Nebraska.