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Charmaine Guidry

337.267.2345

“Having served as a female litigator on both a trial and appellate court level for major energy clients, I’m able to bring a diverse and experienced perspective to the table for clients. My experience, creativity, and unique knowledge of oil and gas law make a significant difference in leveraging the best possible outcome for clients.”

Overview

April L. Rolen-Ogden is a first chair trial and appellate lawyer in high stakes oil & gas matters. She has experience as a trial lawyer in both state and federal courts, as well as arbitration tribunals. She defends her trial work on appeal through her appellate practice. The array of topics she has litigated is extensive. April defends companies in high stakes commercial and energy litigation matters. She litigates traditional oil and gas disputes involving royalties, servitudes, unleased owner litigation, title disputes, property damage, statutory penalties, joint operations, oil and gas accounting, taking production in kind, the Risk Fee Statute, and complex oil and gas marketing matters. April is a member of Liskow’s Board of Directors and the leader of the firm’s Upstream Industry Group.

April defends oil and gas companies in environmental legacy suits seeking damages and restoration for oilfield contamination and coastal loss. She defends companies in personal injury cases, including toxic torts, whether those injuries occur in the oilfield or any other context. She frequently defends companies in disputes involving allegations of fraud, unfair trade practices, and trade secrets.

A sample of recent matters April has handled includes:

  • First chair defense of a client in several complex gas marketing cases by numerous parties regarding the propriety of deducting certain gathering, treating, and transportation costs from revenue
  • First chair defense of an oil and gas company and operator against claims for fraud, statutory penalties, and improper deduction of post-production costs levied by unleased owners and royalty owners
  • First chair defense of an operator against claims relating to its midstream operations, including extensive gathering systems and third-party pipelines
  • First chair litigation of numerous concursus matters to determine title disputes along the Red River for a major operator in the Haynesville Shale, including guidance of complex post-resolution disbursal among numerous claimants and parties
  • Obtaining summary judgment dismissal of claims for a working interest covering deep rights in the Haynesville Shale under an Area of Mutual Interest (“AMI”) and Joint Development Agreement (“JDA”)
  • Obtaining summary judgment dismissal of claims by an unleased mineral owner for contract fraud, penalties, and attorney’s fees under the Mineral Code, La. R.S. 31:212.21 and La. R.S. 31:212.31
  • Defending a major oil and gas company who was alleged to be a servitude owner in a coastal legacy suit involving a history of Sulphur operations by the landowner’s predecessor-in-title
  • Defending enforcement of lien actions by suppliers under the Louisiana Oil Well Lien Act (“LOWLA”)
  • Guiding clients in responding to royalty demands, disputes with joint interest partners, and negotiating the claims
  • Representing clients in negotiations with partners relating to well cost disputes under joint operating agreements and COPAS

Talks about

#energylaw #royaltylitigation #titledisputes #gasmarketing #oilandgasdemands

Client Comment

“April is extremely knowledgeable, proficient in her arguments and is able to present information in a way which makes issues and concerns easily understandable.” – Chambers USA Client Comment, Energy & Natural Resources: Oil & Gas, 2023

Recognition

Named “Lawyer of the Year” by Best Lawyers® for Oil and Gas Law, Lafayette (2023)

Notable Experience

  • Argued to the Louisiana Supreme Court about a certified question of great significance to the oil and gas industry statewide regarding the legal deductibility of post-production expenses from proceeds payable to unleased mineral owners.
  • Argued to the US Fifth Circuit Court of Appeals about multiple complex issues of Louisiana oil and gas law with broad application.
  • Argued to the US Fifth Circuit Court of Appeals significant res nova issue of oil and gas law in a statewide putative class action.
  • ​​​​Successful defense in the U.S. Federal Circuit Court of Appeal in DC of allegations of patent fraud, patent infringement, and misappropriation of trade secrets (filed in the Western District of Louisiana, appealed to the U.S. Fifth Circuit, and then transferred to the U.S. Federal Circuit in D.C. for decision). All claims were affirmed as properly dismissed against our clients.
  • Successful defense at trial (directed verdict at the close of plaintiff’s case-in-chief) and through the Louisiana Supreme Court of claims levied by surface owners against numerous oilfield operators seeking a declaration that alternate unit wells were illegal and seeking damages from the operators for excessive surface use
  • Successful defense from trial court level through the Louisiana Supreme Court of mineral ownership disputes premised on fee title versus servitude of public use for public roadways
  • First-chaired an operator’s response to barrage of royalty demands and threatened class action lawsuit from shale operations involving hundreds of units across thousands of acres, which led to the company being excluded from the class action once it was filed
  • Successful resolution via voluntary dismissal of claim by royalty owner against unit operator under revisions to La. R.S. 30:10 through targeted discovery and negotiations to avoid further litigation cost to the client
  • Successful resolution of unleased owner litigation based on creative argument where there was no law interpreting the extent of obligations of unleased owners under La. R.S. 30:103.1 (since then, April’s argument has been adopted in reported decisions)
  • Obtained summary judgment dismissal of claims relating to an offshore accident for a prominent oilfield operator and the successful enforcement of defense and indemnity for attorney’s fees incurred by the client
  • Obtained summary judgment in favor of a commercial company against a vendor for fraud, bad faith and redhibition
  • Obtained summary judgment on ERISA claims for major oil company
  • Successful motion practice on the subsequent purchaser doctrine and third-party beneficiary, which led to resolution of numerous environmental legacy suits
  • Successful enforcement of an operator’s lien under the Louisiana Oil Well Lien Act (“LOWLA”)
  • Defense of manufacturers and distributors against claims for breach of warranty and redhibition
  • Represented BP in numerous claims emanating from the Deepwater Horizon incident, including removal of actions by local municipalities and litigation of personal injury claims by response workers

Involvement

Professional

  • The Foundation for Natural Resources and Energy Law, Member
  • Louisiana Oil & Gas Association, Member
  • Houston Association of Professional Landmen, Member
  • Federal Bar Association, Board of Directors, 2019–Present
  • Federal Bar Association, Secretary, Board of Directors, Lafayette and Acadiana Chapter, 2024
  • Liskow Compensation Committee, Member
  • Liskow Board of Directors, Member
  • Liskow Upstream Industry Group, Leader
  • Advisory Board for Institute for Energy Law, Board Member, 2013–2015, 2024
  • Lafayette Young Lawyers Association of the Lafayette Bar Association, Member, Board of Directors, 2011–2012
  • Institute for Energy Law, Member
  • Young Energy Law Professionals Committee for Institute for Energy Law, Member
  • Louisiana State Bar Association, Bench Bar Committee Member, 2009–2010
  • Federal Bar Association, Member
  • Lafayette and Louisiana State Bar Associations, Member
  • John M. Duhe American Inn of Court, Member
  • Legal Association of Women, Member
  • Litigation Counsel of America, Fellow, Barrister, Order of Centurions
  • Diversity Law Institute, Member
  • Trial Law Institute, Member

Community

  • Teurlings Catholic High School “Rebel Roots" Parent Organization, Board Member and Secretary, 2022-Present
  • Women's Energy Network – Lafayette Program Director, WEN Board of Directors, 2014–2017; Member 2014–Present

Recognition

  • Chambers USA - Energy & Natural Resources: Oil & Gas, 2023-2024
  • Best Lawyers® "Lawyer of the Year," Oil and Gas Law - Lafayette, 2023
  • Fellow of the Litigation Counsel of America
  • Best Lawyers in America®, Energy Law, Oil and Gas Law, 2019-2025
  • Acadiana Profile “Top Lawyer” in Energy Law, Oil & Gas, 2017-2023
    • Oil & Gas (2018-2021, 2023), Energy Law (2017-2023), Commercial Litigation (2017-2018)
  • Louisiana Super Lawyers "Rising Star," Energy & Natural Resources, 2016-2021
  • Louisiana Super Lawyers, 2024

LOTY Logo for April Rolen-Ogden

Credentials

Education

  • Louisiana State University, Paul M. Hebert Law Center (J.D., B.C.L., 2006)
    • Louisiana Law Review, Member
  • Louisiana State University (B.A., 2003)

Bar Admissions

  • Louisiana, 2006
  • Texas, 2020

Court Admissions

  • U.S. District Court, Eastern District, Louisiana
  • U.S. District Court, Middle District, Louisiana
  • U.S. District Court, Western District, Louisiana
  • U.S. Court of Appeals, Federal Circuit
  • U.S. Court of Appeals, Fifth Circuit

Presentations

  • “Trending Issues in Post-Production Cost Litigation," IEL Litigation Seminar, November 2, 2023
  • “The Shale Roller Coaster: Emerging Trends in Oil and Gas Marketing Litigation," Liskow's Energy Law Seminar, October 26, 2023
  • "Unleased Owners in Louisiana: An Update," Lafayette Bar Association & Foundation, December 13, 2022
  • "Unleased Owners in Louisiana: An Update in the Face of Uncertainty for Producers," Liskow's Energy Webinar Series, September 15, 2022
  • "Mineral Law: An Overview for Issue Spotting and Update," Lafayette Bar Association & Foundation CLE By The Hour, December 2021
  • "Update on Proposed Amendments to Risk Fee Act," Liskow & Lewis Holiday CLE, December 2021
  • "Royalty Litigation Update," Liskow & Lewis Energy Law Seminar, October 28, 2021
  • “Production in Paying Quantities in the Wake of a Down Market,” Panel Presentation, "The Effects of Recent Events on the Oil and Gas Industry," LSBA's CLE Webinar: "Topsy Turvy: How the COVID-19 Pandemic is Upending the Lives of Louisiana Lawyers and their Clients," November 10, 2020
  • "Unleased Owners," Liskow & Lewis Energy Law Seminar, Houston, Texas, October 2019
  • "Oil and Gas Update: Rocky Mountain Mineral Law Foundation 2017 Annual Meeting," Santa Fe, New Mexico, July 2017
  • "Regulations and More Regulations: The New Norm," 1st National Young Energy Professionals’ Law Conference, Institute of Energy Law (IEL), April 2017”
  • "Louisiana Oil and Gas Update," Liskow & Lewis Energy Law Seminar, Houston, Texas, November 2015
  • "I Wish Someone Had Told Me: Advice from Energy, Oil and Gas, and Chemical In-House Counsel on Embracing Influence and Power and Contributing to a Successful Legal Department," Moderator of Panel Presentation, 2nd Annual Women Leaders in Environmental and Energy Law, Houston, Texas, November 2015
  • "Reporting Duties Under LA R.S. 30:103.1," Lafayette Association of Professional Landmen Spring 2015 Educational Seminar, Lafayette, Louisiana, May 2015
  • "Reporting Duties Under La. R.S. 30:103.1," LSU Mineral Law Institute, Baton Rouge, Louisiana, March 2015
  • "Thinking Like a GC: Substantive Legal Developments Affecting Energy Companies in 2015 and Beyond," Panel Presentation, Women Leaders in Environmental and Energy Law Conference, New Orleans, Louisiana, January 2015
  • "Louisiana Oil and Gas Update," Liskow & Lewis Energy Law Seminar, Houston, Texas, October 2013
  • "Louisiana Oil and Gas Update," Liskow & Lewis Energy Law Seminar, Houston, Texas, October 2009

Publications

April’s Louisiana Law Review article, “When Administrative Law Judges Rule the World: Wooley v. State Farm,” 66 La. L. Rev. 885 (Spring 2006), has garnered national attention by the National Association of Administrative Law Judiciary. The NAALJ reprinted her law review article in the association’s national journal, 26 NAALJ 429, Issue No. 2 (Fall 2006).

After Hours

In her spare time, April enjoys spending time with her family and volunteering as a lector at her church parish of the Cathedral of St. John the Evangelist in the heart of downtown Lafayette, LA. Her oldest daughter plays varsity softball as the starting catcher. Her middle daughter is both a cheerleader and an avid runner who participates in both track and cross country. Her youngest and only son excels at all sports and enjoys Taekwondo.

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