Joint Operating Agreement (JOA) Disputes

South Texas Shale, in the 234th Judicial District Court, Harris County, Texas

Represented several oil and gas companies in defending a case filed by Swift Energy alleging a breach of the parties’ joint operating agreement and related AMI agreement. Successfully obtained a transfer of the case to a favorable venue. Soon after, filed counterclaims seeking operatorship under the parties’ joint operating agreement and seeking a related temporary injunction. The dispute resolved in advance of the temporary injunction hearing.

Type of Case: Joint Operating Agreement Litigation, Area of Mutual Interest Litigation, Lease Ownership Litigation

Confidential Pre-Arbitration Dispute 

Represented Fortune 500 oil and gas exploration company in an audit dispute with a joint-venture partner. Joint-venture partner sought nearly $50 million under the parties’ joint operating agreements based on amounts billed to the joint-venture account. Following exchange of materials and position papers, mediated and resolved dispute on a confidential basis.

Type of Case: Contractual Dispute (Audit, Joint Operating Agreement Dispute)

Atlas Operating, in the 281st Judicial District Court, Harris County, Texas

Represented Atlas Operating in lawsuit against non-operator seeking to take over as operator under a JOA governing wells in the Eagle Ford Shale. Filed, argued, and secured temporary injunction barring non-operator from proceeding before Texas Railroad Commission in effort to remove Atlas Operating as operator. Case settled on confidential terms following the Court’s issuing of the injunction.

Type of Case: Joint Interest Billing Dispute, Joint Operating Agreement Dispute

Atlas Energy OBO, in the 127th Judicial District Court, Harris County, Texas

Representing Atlas Energy OBO in lawsuit against operator based on operator’s refusal to permit non-operator to participate in wells proposed under Joint Operating Agreement. Case is ongoing.

Type of Case: Joint Operating Agreement Dispute