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On June 27, 2025, the Texas Supreme Court issued a pivotal decision in Cactus Water Services, LLC v. COG Operating, LLC, holding that under the language of the granting clause found in the standard oil and gas lease, produced...more
In the context of security assignments, the judgment again emphasises the distinction between day-one assigned rights, on the one hand, and other rights and remedies exercisable only following an enforcement event, on the...more
The English High Court has found that termination payments under Japanese Operating Lease with Call Option (JOLCO) structures did not amount to unenforceable penalties....more
Let’s assume you own 105 acres in Greene County, Pennsylvania. In 2020, you signed an oil and gas lease with ABC Exploration. During the negotiations, you agreed that only those post-production costs which actually...more
In this lease termination case (Pruett v. River Land Holdings, LLC, No. 03-22-00478-CV, 2024 WL 1745652, at *1 [Tex. App.—Austin Apr. 24, 2024, no pet.]), the Austin Court of Appeals was tasked with examining a cessation of...more
In this recent case, the Texas Supreme Court resolved whether ratification of a lease or signing of a stipulation agreement could transform a fixed non-participating royalty interest (NPRI) into a floating NPRI....more
In Roy Flowers v. Persist Oil and Gas Inc., the Court of King’s Bench of Alberta issued a permanent injunction precluding the defendant from operating a Bitcoin mining operation, based on the failure of the underlying lease...more
Commercial leases are not all boilerplate. The nature and sophistication of the business or industry of the tenant can lead to lease terms, addenda, riders and exhibits that are complicated and in some cases contain what the...more
For approximately 50 years, commercial tenants in New York facing potential action for breach of lease and possible eviction have enjoyed the use of a so-called "Yellowstone injunction," which, if granted by the court, froze...more
On February 15, 2018, the Supreme Court of Canada (SCC) dismissed leave to appeal in Station Mont Tremblant v. Banville-Joncas. In its decision, the Quebec Court of Appeal (Court) reaffirmed and elaborated on the principles...more
How to distinguish an oil and gas lease from a mineral deed? In Richardson v. Mills, it was a deed when the instrument uses words like “forever” and imposes no duty to explore for and develop minerals....more