With the current focus in both single plaintiff and class action oil and gas cases on whether lessors are receiving the correct amount of royalties, the concept of affiliate transactions—for both the sale of oil and gas and the amount paid for post-production activities—has been given closer scrutiny. This presentation will examine how the simple fact that a deal is done with an affiliate impacts the analysis by the courts, the scope of the meaning of “affiliate,” and the effect in various jurisdictions of affiliate transactions on the scrutiny given to the calculation of royalties. The speakers will provide an update on the existing case law, pending litigation, and practical advice as to drafting considerations, royalty calculations, and negotiated solutions.

Speakers:

• NICOLLE SNYDER BAGNELL, Partner, Reed Smith LLP, Pittsburgh, PA
• MARK C. RODRIGUEZ, Partner, Beck Redden LLP, Houston, TX

Held virtually, this year’s Annual Institute will feature 33 presentations and over 60 distinguished and emerging speakers covering topics related to Oil & Gas, Mining, Public Lands, Water, Environmental, International Law, Corporate Counsel, and Landman’s Issues.