Kathleen has many years of experience helping the Gulf region’s energy companies and their lending institutions with various commercial transactions, regulatory compliance and disputes involving mineral issues in Louisiana and on the Outer Continental Shelf. Here’s a list of selected, representative matters:
- Representation of a solar development company in its acquisition and financing of a large Louisiana solar project.
- Representation of upstream and midstream companies and financial institutions in connection with energy related financings (and refinancings), including the preparation, negotiation and filing of mortgages, security agreements and other related transaction instruments, coordination with opposing counsel to successfully resolve ownership and title issues and other transactional issues impeding closing and facilitation of post-closing integration.
- Representation of oil and gas companies in connection with drafting and negotiation of various energy related agreements, such as purchase and sale agreements, farmout and farmin agreements, participation agreements, assignments of interests, transitional agreements, master service agreements, mineral leases, operating agreements, production handling agreements, platform use agreements, and provision of legal analysis and advice related to assumption of risks.
- Representation of oil and gas companies and financial institutions in connection with filing, perfecting, maintaining perfection, and releasing/terminating mortgages and other security instruments under joint operating agreements, and in connection with liens and claims arising under the Louisiana Oil Well Lien Act (La. R.S. 9:4861, et seq.), the Louisiana Operators/Non- Operators Lien Act (La. R.S. 9:4881, et seq.), and the Louisiana Private Works Act (La. R.S. 9:4801, et seq.).
- Provided legal analysis and advice to financial institution in connection with various legal issues arising from an invalid Louisiana mortgage, potential curative measures and potential treatment in a bankruptcy setting.
- Representation of oil and gas companies in contractual disputes with their co-working interest owners, including disputes related to non-payment of royalties, operational issues, gas imbalances, unpaid joint interest billings, lease operating expense disputes, and withdrawals from joint operating agreements.
- Representation of a start-up independent oil and gas company in its formation, initial acquisition and financing of mineral properties, valued at $235 million.
- Representation of an international oil and gas company in connection with its acquisition of over 200 outer continental shelf and deepwater leases located in the Gulf of Mexico, valued over $2 billion, including negotiation of purchase and sale agreement, drafting assignment forms and other related regulatory forms, conducting and managing extensive corporate, title, operational, and contractual due diligence, and evaluating title defects and preparing title defect notices.
- Provided legal analysis and advice to oil and gas companies and financial institutions on various legal issues arising in connection with Chapter 11 bankruptcies, including the treatment of encumbrances on real estate, and in connection with post-bankruptcy “clean-up” matters in compliance with the rules and regulations of the BOEM/BSEE, the Louisiana Office of Conservation, and the Louisiana State Mineral & Energy Board.
- Representation of clients in connection with mineral title examination, including the rendition of title opinions, on complex mineral and surface titles in Louisiana and on the Outer Continental Shelf, and provision of legal analysis and advice related to various mineral title issues, title curative and regulatory matters.
