D. Davin McGinnis

Eagle Ford Shale: Advised various public and private oil and gas operators on various regulatory, land and legal issues in the Eagle Ford Shale, including advice on drilling permits, pooling authority, retained acreage authority, and royalty calculation and valuation.

Farmout Dispute: Obtained summary judgment determination for East Texas operator that 34-year-old farmout agreement covering 10,000-plus acres was unenforceable under the Statute of Frauds (for lack of a legally-sufficient property description) and Rule Against Perpetuities. The matter was subsequently settled on terms favorable to client.

Merger Dispute. Represented multi-national oil and gas exploration and production company in dispute arising out of company acquisition. Claims were in excess of $50 million and concerned a disputed AMI and the Railroad Commission’s definition of a “field.” The matter was set for arbitration, but settled on terms favorable to client.

Boundary Dispute: Successfully defended riverbed mineral lessee against riparian mineral owners’ claims in excess of $40,000,000 in dispute involving the accuracy of a gradient boundary survey, including claims for trespass, conspiracy and fraud.

Merger Dispute: Represented partner in dispute with surviving public oil and gas company resulting in settlement of competing claims regarding rights, obligations and responsibilities arising under merger agreement.

Adverse Possession/Trespass Dispute: Represented client who drilled on the wrong tract. Obtained favorable initial ruling on adverse possession claim. Record title owner subsequently conceded ownership.

Production in Paying Quantities Dispute: Successfully defended lease termination claim alleging failure to produce in paying quantities.

Continuous Development Dispute: Successfully defended claim of partial lease termination based upon alleged failure to comply with lease’s continuous development provision.

Gas Transportation Dispute: Defended natural gas power plant in arbitration with pipeline company involving the delivery rate under gas transportation agreement.

Implied Lease Covenant Dispute: Successfully defended major independent oil and gas company in dispute with lessor involving 185 leases in the Austin Chalk Field. Claims asserted included failure to develop, failure to protect against drainage, bad faith pooling, and breach of the implied covenant to market.

State Lease Termination Claim: Obtained retraction of GLO determination that state mineral lease terminated due to non-production.

Lease Royalty Advice: Lease-by-lease review, analysis and advice on compliance with royalty provisions under client’s 50+ non-standard oil and gas leases in Texas.

Force Pooling Applications: Successfully defended various major independent oil and gas companies against force pooling applications brought by offsetting landowners and operators.

(Horizontal) Field Rule Amendments: Obtained field rule amendments (various fields) to facilitate horizontal drilling including rules to allow for (a) measurement of lease-line and between-well spacing from “take points” (rather than their penetration points), and (b) off-lease surface locations.