Pending CLE credit in Kansas and Missouri.
8:30 a.m. • Check-in
& Continental Breakfast
9:00 a.m. • Recent
Developments in Oil & Gas Law of Interest to Kansas Practitioners
Prof. David E. Pierce, Washburn University School of Law,
Professor Pierce will review recent case law developments
that are of particular interest to Kansas oil and gas lawyers and operators.
9:50 a.m. • Tax Aspects
of Structuring Oil & Gas Transactions
Brett R. Vickers, Vickers and Company CPAs, PA, Wellsville
The presentation will cover various tax consequences when
structuring oil and gas transactions. The history and development of the
“Pooling of Capital Doctrine” as a tax advantage opportunity available to the
oil and gas industry will be examined. Legal precedent will be explained, as
well as IRS mandates. Several examples of both well and poorly executed
attempts to use the Pooling of Capital Doctrine for tax relief purposes will be
cited, with recommendations on how to avoid challenges from the IRS.
10:40 a.m. • Break
10:55 a.m. • The KCC's
Jurisdiction: Waste, Correlative Rights, Pollution and Potentially Anything
Keith A. Brock, Anderson & Byrd LLP, Ottawa
Lane R. Palmateer, Attorney at Law, Wichita
The Shawnee County District Court recently reversed a
decision of the Kansas Corporation Commission to create surface setbacks due to
insufficient facts in the record. However, the opinion recognized that
the Commission has authority under K.S.A. 74-623 to create surface setbacks,
which is a broad interpretation that departs from a traditional understanding
of the Commission's jurisdiction. Lane Palmateer and Keith Brock discuss
the arguments for and against this conclusion, and they explain the practical
impact to both the oil and gas industry and attorneys representing industry
members and landowners.
11:45 a.m. Lunch (provided)
12:45 p.m. • Bankruptcy
101 for the Oil and Gas Practitioner
W. Rick Griffin, Martin Pringle Oliver Wallace & Bauer LLP,
The presentation will provide an overview of bankruptcy law
and the potential impact on oil and gas interests, practical advice for those
impacted by recent oil and gas bankruptcies, and a discussion of pre-bankruptcy
options for securing payment for oil and gas sales.
1:35 p.m. • Oil and Gas
Lien Law and Foreclosure in Today’s Oil and Gas Industry
Michael Baxter, Jeter Law Firm LLP, Hays
This presentation discusses oil and gas mechanic’s liens in
the Kansas oil and gas industry. Specifically, the presentation will focus on
the lien process, enforcement through foreclosure, and problems that may
develop in the lien and foreclosure process.
2:25 p.m. Break
2:40 p.m. • Ethics in
Jonathan Schlatter, Morris Laing Evans Brock & Kennedy
We will review the rules of professional conduct in the
context of negotiating transactions in the oil patch. We will begin by reviewing the rules of
professional conduct that address an attorney’s duties to his clients, to
opposing counsel and unrepresented parties.
We will also review the rules governing present and potential conflicts
of interest. We will then apply these
rules, and others, to various hypothetical scenarios, some of which could seem
3:30 p.m. • Adjourned
We are hosting a sponsored social event the night before the program (Thursday, October 13) at:
150 N. Mosley St.
We have reserved the Loft from 6-8. Hors d’oeuvres and beer tickets will be provided. Please check the appropriate box on the registration form if you will be able to attend.
Michael is a Washburn University School of Law graduate and associate attorney with the Jeter Law Firm, LLP. He is currently practicing in Kansas and Nebraska and concentrates on oil and gas title examination. In addition to title examination, Michael also focuses on general oil and gas practice, real property, and civil litigation. He is a former member of the Board of Editors for the Washburn Law Journal and is currently a member of the Kansas and Ellis County Bar Associations.
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.
W. Rick Griffin is a graduate of Oklahoma State University and the University of Kansas School of Law. Rick concentrates his litigation practice on commercial litigation, including oil and gas law where he provides guidance to clients regarding oil and gas leases, lease operations, mineral interests, surface rights, and title disputes, as well as handling matters before the Kansas Corporation Commission.
Lane Palmateer is a sole practitioner assisting clients with estate planning, business formation and transactions, and oil and gas regulatory matters. Palmateer served as Litigation Counsel for the Kansas Corporation Commission from 2008-2016. He attended Washburn University School of Law, graduating in 2008 with Dean’s Honors and a Certificate in Business and Transactional Law. Before attending law school, he obtained a Bachelors of Arts degree in sociology, with a minor in ethnic studies, from Wichita State University.
David Pierce is a professor of law at Washburn University School of Law where he teaches courses on oil and gas law, contract law, and property law. He is the Director of Washburn's Oil and Gas Law Center and holds the Norman R. Pozez Chair in Business and Transactional Law.
Primary practices in the area of oil and gas law. Extensive experience working with the corporation commission, involved in numerous secondary and tertiary recovery projects, the State’s first underground pad drilling project. Successfully defended penalty orders, obtained special permissions, and exceptions from the Commission regulations, including UIC applications, well location exceptions and special allowable. Involved in many acquisition transactions, ranging in size from partial leasehold interests to million plus dollar transactions involving entire companies and multi-thousand acre prospects. Is proficient in preparing and negotiating unit agreements, joint operating agreements, oil & gas leases, saltwater disposal leases and surface use agreements issues, concerning title and title examination. Extensive involvement in oil and gas litigation, including lease termination cases, terms mineral and royalty interests cases, lien rights cases and well plugging cases. Formerly a bank regulator with the Office of Comptroller of the Currency. Also practices in the areas of general corporate, business and real estate law, including entity formation and governance. Negotiated commercial lease and real estate purchase/sale transactions. Education: KU Law, J.D. 2001. Volunteer in VITA tax preparation program. Kansas State University, B.S. Business Administration-Finance 2004, with honors. Personal: Wife - Ashley, Daughters - Elizabeth and Caroline. Community Involvement: YPW, House Lead for Enhance Project (5 yrs), firm’s Bowl for Kids’ Sake Team leader and recognized as a top fund raiser.