Over my 25 years as an energy transactions lawyer, I have watched as agreements of all kinds have become longer and more detailed. Last week, I was in Canada (-21 degrees) helping a client develop a new agreement. The precedent previously... Continue Reading →
Energy companies often do business in places that are not part of the Instagram travel circuit. Visas can be difficult to obtain, and tourism is virtually non-existent. These nations also tend to be home to extraordinary characters with unusual stories. ... Continue Reading →
“The strongest of all warriors are these two — Time and Patience.” – Leo Tolstoy, War and Peace Even if both parties must conclude a deal, we must consider the question of Time—by when does each need to reach agreement.... Continue Reading →
“The fox knows many things, but the hedgehog knows one big thing.” – Archilochus of Paros, 7th Century, B.C. Courses at Yale, Oxford, and the United States Naval War College have used the aphorism of the fox versus the hedgehog... Continue Reading →
Fans of Breaking Bad and Better Call Saul are familiar with the character of Saul Goodman (aka Jimmy McGill): Jimmy is a good example of . . . a “trickster lawyer.” The idea is that many talented lawyers resemble the... Continue Reading →
Energy ventures often begin with the formation of a limited liability company (LLC). A handful of founders agree to contribute their skills and relationships toward a common purpose—the success of the LLC. Just like new parents, the founders are giddy... Continue Reading →
At any given moment in the negotiation of a contract—or in the settling of a dispute—the two parties may be more (or less) predisposed toward concession. Each party’s willingness to compromise is not flat or linear. It is ever oscillating... Continue Reading →
Transactional lawyers tend to disengage after the closing. That’s a mistake in the energy industry. Our joint venture agreements endure for decades. Our construction contracts last for years. After the closing, non-lawyers usually assume responsibility for implementing documents spanning hundreds of pages.... Continue Reading →
A few years ago I closed a Division of Assets Agreement at Latham & Watkins’ Houston office. There was a lot of paper. It took us more than an hour just to sign all the originals and acknowledgements. Latham offered... Continue Reading →
