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Fitzsimons’ Presentation for State Bar of Texas Webcast To Be Rebroadcast

Joseph B. C. Fitzsimons presented for the State Bar of Texas via a Webcast on “Leasing in the Eagle Ford Shale from the Land and Mineral Owner’s Perspective” on November 20, 2013.  It is being replayed on March 13, 2014 from 12:30 pm to 1:30 and is available for one hour of MCLE Credit.  To register for this rebroadcast, click here:

To view the presentation, click here:

Highlights of his presentation include:

  • The past few years have seen a surge of interest in the Eagle Ford Shale in south and south central Texas.
  • Over the past two decades, mineral owners have become more sophisticated in the drafting and negotiating of the ‘Lessor’s Lease Form,’ and most lessees in the Eagle Ford expect a modern lease form and are willing to negotiate from the lessor’s form rather than their own.
  • The Eagle Ford Shale presents some unique opportunities and challenges for the land and mineral owner as the play progresses from the exploration to development phase.
  • Lessors should expect modern terms for royalty valuation, horizontal severance, information sharing, liens to secure performance, pooling, and consent to assignment or sale.
  • From the perspective of the surface owner, there are numerous issues unique to Eagle Ford Shale Development that warrant attention.
  • Horizontal drilling and its attendant multistage fracs have been successful in drilling laterals ranging from 3,000 to 5,000 feet with between twelve and twenty multistage fracs.
  • Land and mineral owners will have a full time job protecting their interests during the frantic days ahead.

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