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Gordon Arata Announces New Member

Posted in News

Gordon Arata McCollam Duplantis & Eagan, LLC is pleased to announce that Patrick “Rick” M. Shelby has been elected member of the Firm. Rick practices in the Firm’s Bankruptcy/Debtor-Creditor, Oil, Gas and Energy Litigation and Commercial Litigation sections in the New Orleans office.  He represents debtors, debtors in possession, creditors, and trustees in bankruptcy and… Continue Reading

Comprehensive Revision of Louisiana Corporate Law to Become Effective January 1

Posted in Louisiana Corporate Law, News

Earlier this year the Louisiana legislature replaced the existing Louisiana Business Corporation Law in its entirety in order to align Louisiana’s law with the Model Business Corporation Act (the “Model Act”), which is in effect in thirty other states. The new Louisiana Business Corporation Act (the “LBCA”) will go into effect on January 1, 2015,… Continue Reading

Coastal Use Permits: General or Site-Specific?

Posted in Environmental, News

Since my June 11th post addressing coastal use permits (CUPs) in the context of environmental management orders (EMOs), I’ve learned another lesson in accounting for the timing of when a CUP will be issued and the effect the timing may have on the parties.  Even though parties have generally sought general permits, there are times when… Continue Reading

Recent Department of Labor Enforcement Actions against Oilfield Services Contractors

Posted in Employment Law, News

Oilfield services contractors and employers should be aware of the most recent successful wage enforcement actions by the U.S. Department of Labor.  The DOL recently announced that it recovered $4.5 million in back wages from two major contractors engaged in natural gas extraction operations in the Marcellus Shale region of Pennsylvania and West Virginia. The… Continue Reading

POTATO, POTAHTO, TOMATO, TOMAHTO, LET’S CALL THE WHOLE THING OFF!! ACT 544 AND THE SLFPA- EAST

Posted in News

Senate Bill 469, Act No. 544 of the Louisiana legislature was enacted as LA. R.S. 49:214.36(O) on June 6, 2014 during the 2014 regular legislative session as:  AN ACT to enact R.S. 49:214.36(O), relative to the coastal zone management program; to provide relative to the initiation or continuation of enforcement actions under the coastal zone management… Continue Reading

Supreme Court asked to review new bonding requirements for existing OCS leases

Posted in News, Outer Continental Shelf

Century Exploration New Orleans, LLC has asked the U.S. Supreme Court to weigh in on an issue that could have profound implications for companies with oil and gas leases on the outer continental shelf (OCS)—more specifically, on the power of the government to issue new regulations that impose additional burdens on existing oil and gas… Continue Reading

Hayes Fund for the First United Methodist Church of Welsh, LLC v. Kerr-McGee Rocky Mountain, LLC: The Third Circuit Gives Plaintiff Landowners the Cream Without the Calories

Posted in News

On October 1st, the Louisiana Third Circuit Court of Appeal issued an opinion that interpreted a common mineral lease provision to mean that defendant operators were strictly and absolutely liable for all surface and subsurface reservoir damages. In Hayes Fund, the named defendants operated the wells at issue under a series of leases emanating from… Continue Reading

Louisiana Title Examiners, Take Note of Recent Change in the Mineral Code on Prescription

Posted in News

A recent change in the Mineral Code should be noted by all title examiners and title researchers in Louisiana.  Subsection (I) was added to Article 149 of the Louisiana Mineral Code (Louisiana Revised Statute 31:149) effective August 1, 2014.  Subsection I provides as follows: When land is acquired from any person by an acquiring authority… Continue Reading

Follow Up on Louisiana Severance Tax Incentives

Posted in News, Tax

Julie Jardell posted a blog article on April 30, 2014 entitled “Louisiana Severance Tax Incentives.” The article provided an overview of certain tax incentives depending upon the classification of the well being drilled.  The article also referenced several bills then before the Louisiana legislature that if passed, would alter these incentives. On August 18, 2014,… Continue Reading

SEC Sued To Implement Rule for Oil Company Disclosure on Government Payments

Posted in News

On September 18th, Oxfam America, Inc. sued the federal Securities and Exchange Commission (SEC) for the second time in three years to compel the SEC to issue a final rule under the Dodd-Frank Wall Street Reform and Consumer Protection Act on oil and gas company disclosures of certain government payments.  Although Dodd-Frank required the rule… Continue Reading

Alex B. Rothenberg Joins Gordon Arata

Posted in News

Gordon Arata is pleased to announce that Alex B. Rothenberg has joined the firm. Mr. Rothenberg joins the New Orleans office as an Associate.  He will focus his practice in the area of oil, gas and energy litigation.  He also has experience in the areas of admiralty, insurance defense and family law. Prior to joining… Continue Reading

Peggy M. Welsh Joins Gordon Arata

Posted in News

Gordon Arata is pleased to announce that Peggy M. Welsh has joined the firm.  Ms. Welsh joins the New Orleans office as an Associate.  She will focus her practice in the area of corporate and securities transactions.  Her experience encompasses participating in every stage of many high-profile and challenging corporate transactions including the representation of several… Continue Reading

Unitization Victory for E&P Companies at Louisiana Supreme Court

Posted in News

Yesterday, the Louisiana oil and gas industry achieved a major victory with the Louisiana Supreme Court’s ruling in Gatti et al. v. State of Louisiana, et al., No. 2014-C-863 (consolidated). Gatti was a purported class action lawsuit by a group of north Louisiana landowners who challenged the regime of “unitization”–Louisiana’s term for forced pooling–established by… Continue Reading

A Litigator’s Perspective on the Purchase and Sale Agreement (PSA)

Posted in News, Seminar/Events

Two lawyers from Gordon Arata’s Lafayette office, Sam Masur and Paul Simon, recently spoke at the Institute for Energy Law’s Inaugural Mergers and Acquisitions Conference in Houston, Texas. Their topic was A Litigator’s Perspective on the Purchase and Sale Agreement (PSA).  The presentation provides a litigator’s perspective on how agreements commonly used in oil and… Continue Reading

Study Reveals Oil and Gas Industry is a Major Economic Driver in Louisiana

Posted in News

Last week, the Times Picayune reported (http://www.nola.com/business/baton-rouge/index.ssf/2014/07/oil_and_gas_industry_continues.html) on the study, “The Energy Sector:  A Giant Economic Engine for the Louisiana Economy” (http://www.scribd.com/doc/233387193/The-Energy-Sector-A-Giant-Economic-Engine-for-the-Louisiana-Economy).  The study, conducted by LSU Economist Loren Scott and commissioned by the Louisiana Mid-Continent Oil and Gas Association and Grow Louisiana Coalition, revealed that the energy sector had 287,000 jobs, generated $20.5 billion… Continue Reading

Fifth Circuit Broadens Insurance Coverage for Many E&P Companies

Posted in News

The Fifth Circuit just issued an important decision on insurance coverage that the risk managers and insurance brokers for every E&P company should become familiar with.  On June 23, 2014, in Indemnity Insurance Company of North America v. W&T Offshore, Incorporated, the Fifth Circuit ruled that W&T Offshore was entitled to $50 million in excess… Continue Reading

Gordon Arata Lawyers to Present at Seminar on Oil and Gas Rights in Louisiana

Posted in News, Seminar/Events

Gordon Arata lawyers Mike Fussell, Julie Deshotels Jardell, Army Long, Rick Shelby and Paul Simon will present at Lorman’s upcoming “Oil and Gas Rights in Louisiana” seminar in Baton Rouge on Wednesday, September 17.  Mike and Julie’s presentation “Handling Disputes Between Surface and Servitude Owners” will address an overview of mineral servitudes and their extinguishment… Continue Reading

Louisiana Governor Signs Legislation to Halt Levee Board Suit

Posted in News

Governor Bobby Jindal signed Bill 469 into law today.  The intent and purpose of the new law is to kill litigation brought last year by the Southeast Louisiana Flood Protection Authority-East against over 90 oil and gas exploration & production and pipeline companies.  However, it can be expected that the Flood Protection Authority will seek… Continue Reading

Legislature Drives Sword Into Levee Board Suit; Governor Has Not Yet Signed Bill 469

Posted in News

As we reported on Friday, May 30 the Louisiana State Senate voted to concur in the House committee amendments to Senate Bill 469, resulting in its final passage by the legislature.  Governor Bobby Jindal was expected to sign the bill into law at a press conference on Monday.  But, in response to a request by Attorney… Continue Reading

Louisiana at the Forefront of LNG Exportation

Posted in News

Last month, Southern California Telephone & Energy announced the acquisition of 200 acres on the Calcasieu Ship Channel for the development of a $2.4 billion liquefied natural gas (LNG) export facility.  The site is located on Monkey Island in Cameron Parish, less than three miles from the Gulf of Mexico, and is situated at the… Continue Reading

Legislature Drives Sword Into Levee Board Suit

Posted in News

This morning the Louisiana State Senate voted to concur in the House committee amendments to Senate Bill 469, resulting in its final passage by the legislature.  The bill now goes to the Governor for signature, which is expected as the bill was strongly supported by the Governor.  The bill’s effect will be to provide that… Continue Reading