|
Stuart is a former Chairman of the Oil, Gas and Mineral Law Section of the State Bar of Texas. His practice is devoted exclusively to oil and gas litigation and transactions and focuses primarily on the upstream and midstream segments of the industry. Stuart routinely represents producers, processors and pipelines in a wide range of matters, including royalty litigation, lease termination cases, disputes arising under operating agreements, gas contract litigation, implied covenant litigation and disputes arising under gas processing agreements. He has been lead counsel in major energy litigation in state and federal courts throughout Texas, and has extensive arbitration experience as well. In addition, Stuart regularly represents producer clients in acquisitions of producing properties.
REPRESENTATIVE EXPERIENCE
Some of Stuart’s representative litigation and transactions include the following matters:
Obtained favorable decision in the landmark oil and gas case of Sun Exploration and Production Company v. Jackson establishing that there is no implied obligation to explore an oil and gas lease in Texas.
In 2006, represented Houston-based producer in $140 million acquisition of producing properties situated in Texas, Louisiana and Mississippi.
In 2005, defended independent producer in South Texas litigation for royalty on pooled unit production.
In 2005, obtained unanimous arbitration award for a Houston-based producer in a multimillion dollar voting-rights dispute under an operating agreement covering a producing field located offshore West Africa.
In 2005, represented producers in four separate acquisitions of producing properties having total value of $700 million.
In 2004, defended a large independent producer in West Texas litigation alleging that the client was responsible for the royalty burdening the client’s non-consenting working interest in a producing well.
In 2004, obtained favorable arbitration award for Houston-based producer in a $3.2 million dispute concerning whether a title defect created by the termination of a Term Assignment had been cured by the seller’s tender of a farmout agreement covering the acreage.
Defended independent producer in South Texas litigation against claims of trespass, field-wide drainage, failure to reasonably develop the lease and failure to pay market value gas royalty.
ARTICLES / PUBLICATIONS
"Joint Operating Agreement," Vol. 19, Issue 19:5 (Part 1) and Issue 19:6 (Part 2) of the 2005 Texas Oil and Gas Law Journal
"The Plain Meaning Rule," 50th Annual Institute on Oil and Gas Law and Taxation (Matthew Bender 1999)
"The Accommodation Doctrine: Its Current Status and the Future Application," 45th Annual Institute on Oil and Gas Law and Taxation (Matthew Bender 1994)
"Annual Survey of Texas Oil, Gas, and Mineral Law," SMU Law Journal (1989-1992)
"Division Orders - A Primer," 34th Annual Institute on Oil and Gas Law and Taxation (Matthew Bender 1983)
"Exxon Corporation v. Middleton: Some Answers But Additional Confusion in the Volatile Area of Market Gas Royalty Litigation," 13 St. Mary’s Law Journal 1 (1981)
BRIEFINGS, SEMINARS & SPEECHES
Joint Operating Agreement: Review of Oil and Gas Law XX (August 25, 2005)
"Emerging Issues Between Lessors and Lessees," University of Texas Annual Oil and Gas Law Seminar, Houston (March 2002)
"The Problem of Unpublished Opinions in Oil and Gas Law," Dallas Bar Association, Energy Law Section, Dallas (October 2000)
"The Use and Effect of Division Orders Under Texas Law," National Association of Lease and Title Analysts, Dallas (September 1996)
"The Current Status of the Prudent Operator Standard in Texas," 14th Advanced Oil, Gas and Mineral Law Course, State Bar of Texas, Dallas (September 1996)
"Recent Decisions in the Area of Pooling and Utilization," Advanced Oil, Gas and Mineral Law Course, State Bar of Texas, Houston (September 1988)
"Remedies Available for the Breach or Non-Performance of Selected Provisions of an Oil, Gas and Mineral Lease," Advanced Oil, Gas and Mineral Law Course, State Bar of Texas, San Antonio (September 1986)
"Selected Problems Associated with the Severance of the Mineral Estate," Advanced Oil, Gas, and Mineral Law Course, State Bar of Texas, Houston (October 1983)
"The Royalty Clause in Texas Oil, Gas and Mineral Leases," State Bar of Texas, Dallas (October 1982)
PROFESSIONAL / CIVIC AFFILIATIONS
Member
State Bar of Texas
Oil, Gas and Mineral Law Section
Houston Bar Association
Energy Law Section
Dallas Bar Association
Energy Law Section
American Bar Association
Honors
Named Texas Super Lawyer (Oil and Gas) 2003, 2004, 2005 and 2006
Chairman, Oil, Gas and Mineral Law Section, State Bar of Texas (1990-1991) |
