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Avoiding Lease Jeopardy in Shale Plays
Leveraging information assets to minimize risks of non-compliance
Cheated out of 馨庄鉛鉛庄看稼壊?
Plaintiffs Attorneys are Taking Note




                              engineering intelligence
Search Results:
    Oil and Gas Royalty Lawsuit




                             engineering intelligence
Royalty Specialists Emerging




There may be circumstances that provide an
opportunity to break an existing oil or gas lease,
freeing you to negotiate a new, more favorable
lease at current market royalty rates.




                                      engineering intelligence
8/31: HBJ, Chesapeake faces lawsuits




increasingly besieged with landowner lawsuit
claims of underpayment of gas royalties and
related leasehold disputes.




                                   engineering intelligence
Lease Compliance: A Critical Issue
 Not a new concept
 Uniqueness in each play
  O&G Law Maturity
     E.g. AR, PA vs. TX
  Lease standardization extremes, for example:
     Barnett (many small tracts  high degree of standardization)
     Eagle Ford (large ranches  proprietary lease documents)
  Plaintiff lawyer quality and ability
 Risks:
  Lease jeopardy
  Fees
  Litigation
  Time



                                                   engineering intelligence
Case History
 BB Energy, L.P. v. Devon Energy Production Company, L.P., 2008
   (WL 2164583)
   Contract language held that Pugh clause not relevant since no pooling had taken place
 ANDERSON v. HESS CORPORATION No. 103116.
   http://scholar.google.com/scholar_case?case=4159234918805300864
   Affirmed sensitivity date of Continuous Drilling to be date of cessation of general
    operations due to contract language
 Bledsoe vs. Forest Oil (decided in 2011)
   http://scholar.google.com/scholar_case?case=3498925303401075223
   Found that continuous drilling savings provision was in effect after frac date upon appeal
    (vs. perforation or casing dates)
 Many, many more...
 Illustrates critical care needed in crafting and tracking these provisions




                                                                      engineering intelligence
You feel like youve got a gun to your head:
youve got to drill a well or youre going to lose a
lease.

Gary Evans - CEO, Magnum Hunter
Business Drivers for Change

Operations        Legal                 Land                      IT

    Novelty      Tort Reform
                                                               Data Silos
                                         Lease
                                       Complexity
  Competition   Deep Pockets
                                                              Data Quality
                                                                 Issues
                Sophisticated
    Velocity
                  Owners
                                         Lease
                                     Standardization        Product Feature
                  Consumer
     Value                                                       Lag
                  Perception


                   Land Administration Oversight


                                                       engineering intelligence
Lease Compliance: Strategy

 Cross-departmental concern
  No single department has the whole story
  Conventional land software not enough
  Land Administration oversight not standardized
 Current state of the art
  Landman and a Spreadsheet
  College interns
  Paper / Manual process



                                    engineering intelligence
Land Administration employees protect the
Companys assets, including its oil and gas leases
and the wells which are drilled on those leases.
Typical job duties include assisting in the analysis
of provisions of various leases, deeds, rights of
way, and agreements involving Company assets in
order that a property record base can be created
or maintained.

-Anadarko [on its website]
Case Study: Background Information
 Operations
  Eagle Ford under active development
  Other Shale Plays
 Legal
  Land Administration responsibility
 Land
  Many complicated leases
 IT
  Multiple system vendors
 Success Requires a Focused Team Effort


                                        engineering intelligence
Case Study: The Process
                            Enumerate Critical Provisions
  Step 1: Lease Review      Define Input Parameters (Key Dates, Key Quantities)

                            Locate Systems of Record
 Step 2: Data Mapping       Map to Destination Systems


 Step 3: Data Cleansing     Correct inconsistencies in existing data set


                            Link Disparate Systems
   Step 4: Integration      Synchronize copies to master

 Step 5: Lease Provision    Capture initial lease provision inventory
         Tracking           Establish go-forward workflow to maintain provision inventory

      Step 6: Alert         Assign business owners
     Configuration          Define sensitivity cases




                                                                   engineering intelligence
Case Study: The Whole Story

Production       Drilling             Land                   Other

                  Spud Dates
                                                           Marketing: Sales
  Production                        Standard Lease              Price
   Volumes        Casing Dates         Provisions

                Perforation Dates
                                                              ERP: DOI
                Rig Release Dates

                 Fracture Dates     Custom Lease
  Well Status                                              DrillingInfo.com:
                                     Provisions
                                                              Offset Well
                   P&A Dates                                   Locations




                                                     engineering intelligence
Case Study: The Solution
                                                      Key
                             Lease                 Source Data
                           Provisions
                                               Entrance Solution
   Drilling
                             Capture



  Production                                        Reports

               Sync                         Send
                          Lease
                       Compliance
    Land               Management
                                                     Alerts

                          Configure
    Other
                      Enterprise Lease Compliance Solution

                                               engineering intelligence
Case Study: The Results
 Lease Provision Tracking
  Royalty Escalation
  Cessation of Production
  Pugh Clauses
  Continuous Drilling/Operations
    Well-based: including Banked Wells
    Time-based: including Deferment Days
  Other Custom Provisions
 Ongoing Iterative Process
  Master data management (new systems, etc.)
  Establishing permanent business data owners


                                            engineering intelligence
Questions?
Learn more at www.EntranceSoftware.com/LeaseCompliance

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Lease jeopardy in shales ppt

  • 1. Avoiding Lease Jeopardy in Shale Plays Leveraging information assets to minimize risks of non-compliance
  • 2. Cheated out of 馨庄鉛鉛庄看稼壊?
  • 3. Plaintiffs Attorneys are Taking Note engineering intelligence
  • 4. Search Results: Oil and Gas Royalty Lawsuit engineering intelligence
  • 5. Royalty Specialists Emerging There may be circumstances that provide an opportunity to break an existing oil or gas lease, freeing you to negotiate a new, more favorable lease at current market royalty rates. engineering intelligence
  • 6. 8/31: HBJ, Chesapeake faces lawsuits increasingly besieged with landowner lawsuit claims of underpayment of gas royalties and related leasehold disputes. engineering intelligence
  • 7. Lease Compliance: A Critical Issue Not a new concept Uniqueness in each play O&G Law Maturity E.g. AR, PA vs. TX Lease standardization extremes, for example: Barnett (many small tracts high degree of standardization) Eagle Ford (large ranches proprietary lease documents) Plaintiff lawyer quality and ability Risks: Lease jeopardy Fees Litigation Time engineering intelligence
  • 8. Case History BB Energy, L.P. v. Devon Energy Production Company, L.P., 2008 (WL 2164583) Contract language held that Pugh clause not relevant since no pooling had taken place ANDERSON v. HESS CORPORATION No. 103116. http://scholar.google.com/scholar_case?case=4159234918805300864 Affirmed sensitivity date of Continuous Drilling to be date of cessation of general operations due to contract language Bledsoe vs. Forest Oil (decided in 2011) http://scholar.google.com/scholar_case?case=3498925303401075223 Found that continuous drilling savings provision was in effect after frac date upon appeal (vs. perforation or casing dates) Many, many more... Illustrates critical care needed in crafting and tracking these provisions engineering intelligence
  • 9. You feel like youve got a gun to your head: youve got to drill a well or youre going to lose a lease. Gary Evans - CEO, Magnum Hunter
  • 10. Business Drivers for Change Operations Legal Land IT Novelty Tort Reform Data Silos Lease Complexity Competition Deep Pockets Data Quality Issues Sophisticated Velocity Owners Lease Standardization Product Feature Consumer Value Lag Perception Land Administration Oversight engineering intelligence
  • 11. Lease Compliance: Strategy Cross-departmental concern No single department has the whole story Conventional land software not enough Land Administration oversight not standardized Current state of the art Landman and a Spreadsheet College interns Paper / Manual process engineering intelligence
  • 12. Land Administration employees protect the Companys assets, including its oil and gas leases and the wells which are drilled on those leases. Typical job duties include assisting in the analysis of provisions of various leases, deeds, rights of way, and agreements involving Company assets in order that a property record base can be created or maintained. -Anadarko [on its website]
  • 13. Case Study: Background Information Operations Eagle Ford under active development Other Shale Plays Legal Land Administration responsibility Land Many complicated leases IT Multiple system vendors Success Requires a Focused Team Effort engineering intelligence
  • 14. Case Study: The Process Enumerate Critical Provisions Step 1: Lease Review Define Input Parameters (Key Dates, Key Quantities) Locate Systems of Record Step 2: Data Mapping Map to Destination Systems Step 3: Data Cleansing Correct inconsistencies in existing data set Link Disparate Systems Step 4: Integration Synchronize copies to master Step 5: Lease Provision Capture initial lease provision inventory Tracking Establish go-forward workflow to maintain provision inventory Step 6: Alert Assign business owners Configuration Define sensitivity cases engineering intelligence
  • 15. Case Study: The Whole Story Production Drilling Land Other Spud Dates Marketing: Sales Production Standard Lease Price Volumes Casing Dates Provisions Perforation Dates ERP: DOI Rig Release Dates Fracture Dates Custom Lease Well Status DrillingInfo.com: Provisions Offset Well P&A Dates Locations engineering intelligence
  • 16. Case Study: The Solution Key Lease Source Data Provisions Entrance Solution Drilling Capture Production Reports Sync Send Lease Compliance Land Management Alerts Configure Other Enterprise Lease Compliance Solution engineering intelligence
  • 17. Case Study: The Results Lease Provision Tracking Royalty Escalation Cessation of Production Pugh Clauses Continuous Drilling/Operations Well-based: including Banked Wells Time-based: including Deferment Days Other Custom Provisions Ongoing Iterative Process Master data management (new systems, etc.) Establishing permanent business data owners engineering intelligence
  • 18. Questions? Learn more at www.EntranceSoftware.com/LeaseCompliance