Drill Deeper

Drill Deeper

News and Updates on Oil & Gas Legal Issues

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Industry Expects US Shale Growth to Offset Global Production Problems

Posted in Energy Costs, News, Oil and Gas Operations, Oil Prices

As a sustained upward trend in U.S. shale growth continues, industry analysts predict it will offset the current production problems in the near future.  In recent months the energy market has been heavily influenced by a series of demand-side developments, and investors are continuing to monitor the escalating trade conflicts between the United States and… Continue Reading

Louisiana Secretary of State Adopts New Rule For Domestic Entities in Certain Parishes and Foreign Entities

Posted in Louisiana Corporate Law, News

Effective January 1, 2018, the Louisiana Secretary of State will require domestic entities domiciled in Ascension, Bossier, Caddo, Calcasieu, East Baton Rouge, Jefferson, Lafayette, Livingston, Orleans, Ouachita, Rapides, St. Tammany, Tangipahoa, and Terrebonne to file all available business documents online through GeauxBiz.com.  GeauxBiz.com is the Secretary of State’s official online portal for filing formation documents,… Continue Reading

Fifth Circuit Upholds “Subsequent Purchaser Rule” For Mineral Leases

Posted in Mineral Leases, News

On April 18, 2017, the United States Court of Appeals for the Fifth Circuit held in Guilbeau v. Hess Corp. (Docket No. 16-30971) that Louisiana’s subsequent purchaser rule applies to rights arising under mineral leases.  The ruling surely comes to the relief of the oil and gas industry concerned over uncertain liability to third parties… Continue Reading

Louisiana Governor Issues State of Emergency for Coastal Louisiana

Posted in News

On April 18, 2017, Louisiana Governor John Bel Edwards issued a State of Emergency for Coastal Louisiana. Proclamation No. 43 JBE 2017 outlines the national importance of the Louisiana coastline and many continuing threats it faces and specifically identifies alleged damage caused by the energy industry.  In response to the deteriorating coastline, the Louisiana Coastal Protection… Continue Reading

Gordon Arata and Montgomery Barnett to Merge

Posted in News

New Orleans, LA – The law firms of Gordon, Arata, McCollam, Duplantis & Eagan, LLC and Montgomery Barnett, L.L.P. announce their merger to become Gordon, Arata, Montgomery, Barnett, McCollam, Duplantis & Eagan, LLC, effective March 1, 2017.  Gordon Arata Montgomery Barnett will have offices in New Orleans, Lafayette, Baton Rouge, and Houston. For nearly half a… Continue Reading

Blake Arata

Posted in News

All of us at Gordon Arata are saddened by the passing of Blake Arata.  Blake dedicated his life to practicing law in the firm he co-founded in 1970 and loved.  For over half a century, Blake was renowned as one of the premier oil and gas attorneys in the State of Louisiana.  He handled complex… Continue Reading

Gordon Arata Announces New Members

Posted in News

Gordon, Arata, McCollam, Duplantis & Eagan, LLC is pleased to announce that Amy Duplantis Gautreaux, Paul B. Simon and Margaret “Peggy” Welsh have become members of the Firm. Amy Duplantis Gautreaux focuses her law practice on oil and gas title examination, unitization and related oil and gas and commercial transactions.  Her experience encompasses analyzing all… Continue Reading

Gordon Arata Lawyers Continue to Help Lead the South Louisiana Women’s Energy Network Board in 2017

Posted in News

Amy Gautreaux and Peggy Welsh will remain in their positions on the 2017 Women’s Energy Network Board of Directors for the South Louisiana chapter. Amy will continue serving as the Public & Industry Relations Director for Lafayette and Baton Rouge and Peggy will continue in her role as the Membership Director.  Kelly Perrier will serve… Continue Reading

Cynthia Nicholson Quoted in New Orleans CityBusiness

Posted in News

Cynthia Nicholson was quoted recently in the New Orleans CityBusiness article, “Offshore independents struggle with decommissioning requirements”.  The article pinpoints independent oil producers struggle to survive given the challenge of complying with new federal requirements to financially guarantee their costly responsibility to decommission offshore infrastructure after it is no longer useful and profitable.  Cynthia discusses… Continue Reading

Certain Legal Deadlines Suspended in Louisiana Due to Flooding

Posted in Legal Updates, News

In the wake of the devastating floods that have affected south Louisiana, the State of Louisiana and the federal district courts in Louisiana have suspended certain legal deadlines. Following his declaration of a state of emergency, Governor John Bel Edwards signed an amended Executive Order on August 17, 2016 (amending a previous executive order of… Continue Reading

Cynthia Nicholson and Peck Hayne Recognized for Their Years of Support to PLANO

Posted in News

Gordon Arata is pleased to announce that on Monday, June 20, Cynthia Nicholson and Peck Hayne received the Professional Landmen’s Association of New Orleans’s Special Award in recognition for their many years of support to the organization, including most recently in connection with their efforts in negotiating a new lease form for the Louisiana State… Continue Reading

“New York City?? Get a Rope!” Considering Chapter 11 Venues for Distressed Oil and Gas Companies

Posted in Bankruptcy, Legal Updates, News

For distressed mid-sized E&P and oil field service companies in Louisiana, the thought of filing a petition for chapter 11 bankruptcy relief in New York or Delaware may leave as bad a taste in the mouth as that poor cowboy who got a jar of salsa made in New York City*—and for good reason. As… Continue Reading

Gordon Arata Announces New Member

Posted in News

Gordon, Arata, McCollam, Duplantis & Eagan, LLC is pleased to announce that Kelly Dussel Perrier has been elected member of the Firm.  Ms. Perrier practices in the areas of oil, gas and energy litigation and commercial litigation, focusing on environmental claims commonly referred to as “legacy litigation.”  She has also represented many independent oil and… Continue Reading

Three Gordon Arata Lawyers to Help Lead the South Louisiana Women’s Energy Network Board in 2016

Posted in News

Kelly Perrier will serve as President of the South Louisiana Chapter of the Women’s Energy Network.  Amy Duplantis Gautreaux and Peggy Welsh have been appointed to sit on the board.  Amy will take on the role as the Baton Rouge and Lafayette Public & Industry Relations Director and Peggy will serve as the Membership Director.… Continue Reading


Posted in Legal Updates, News

On November 12, 2015, the Louisiana State Mineral and Energy Board requested comments by December 4th regarding its to the current State Lease form, which has been in use for oil and gas leases from the Mineral Board since 2000. Gordon Arata attorneys closely reviewed the proposed form and requested an extension of the December… Continue Reading

BOEM Proposes Major Changes to its Financial Security Requirements for the OCS

Posted in Legal Updates, News

On September 22, 2015, the Bureau of Ocean Energy Management (BOEM) made available for review proposed guidelines on the procedures and criteria that the BOEM will use to determine the financial ability of oil and gas companies operating on the Outer Continental Shelf (OCS) to carry out their obligations and the potential need for additional… Continue Reading

Department of Labor Issues Guidance on Misclassification of Employees as Independent Contractors

Posted in Employment Law, News

Employers who rely upon contract workers should be aware of the most recent guidance issued by the U.S. Department of Labor.  In short, the DOL considers the definition of “employee” under the Fair Labor Standards Act (“FLSA”) to be broad, and warns that “most workers are employees under the FLSA’s broad definitions.”  Workers who are classified… Continue Reading


Posted in Fracking, News

Much has been written and said recently about a hot new trend in the oil and gas industry known as Fracklogging.  “Fracklog” is the catchy new expression for the backlog of US shale wells that have been drilled but not yet completed or fracked.  More commonly referred to as “drilled but uncompleted” or “waiting on… Continue Reading

Refrac Obligations Under Model Form JOA-How Will Louisiana Courts Interpret?

Posted in Fracking, News

In this period of depressed oil and gas prices, many companies are considering refracturing and/or reworking older wells to gain production at lower costs than from drilling new wells. Refracking allows companies to extract more hydrocarbons from already existing wells by recompleting the well. Nowadays, companies have better technology and are more efficient in their… Continue Reading

You Can Run But You Can’t Hide: U.S. Supreme Court Rules That Interstate Pipeline and Gas Companies Can Be Sued in State Court under State Antitrust Laws

Posted in News

On April 21, 2015, the United States Supreme Court issued a ruling allowing state law to address gas industry practices that many in the industry previously believed were the exclusive domain of the Federal Energy Regulatory Commission (FERC).  In Oneok, Inc. v. Learjet, Inc., No. 13-271, 2015 WL 1780926 (U.S. Apr. 21, 2015), a group… Continue Reading

Say What You Mean, and Mean What You Say – A Review of Recent Decisions Interpreting Mineral Reservations Under Louisiana Mineral Code Article 74

Posted in Mineral Code, News

The Louisiana Second Circuit Court of Appeal has recently issued two important decisions addressing whether certain mineral reservation language created a fixed term or instead simply restated the customary ten-year prescriptive period for these mineral rights.  Both cases emphasize why special, carefully drafted language is needed to create a mineral reservation with a fixed, non-extendable… Continue Reading

Update: Supreme Court declines to review new bonding requirements for existing OCS leases

Posted in News, Outer Continental Shelf

On November 7, 2014, I posted an article about Century Exploration New Orleans LLC’s request for the Supreme Court to review a decision of the Federal Circuit affirming the federal Claims Court and ruling that the United States could impose new burdens on existing OCS leases.  If the decision were left to stand, I wrote,… Continue Reading