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Solar Lease Negotiations from the Landowner's Perspective
In examining the evolution of oil and gas leases and related energy industry agreements in the recorded public records, it is interesting to observe when certain clauses begin to appear and how they develop with the passage of time as additional agreements are drafted. These modifications almost always emerge to address concerns that were not apparent to the parties during the early days of the particular industry, but eventually became problematic as basic forms were applied in practice. In this context, necessity remains the mother of invention. In the same manner, it is anticipated that solar lease drafting practices will evolve to address lessons learned by landowners and lessees as a result of the first wave of widespread solar development in Texas. In the meantime, attorneys that represent landowners must anticipate potential problems by employing a creative approach that considers various hypothetical scenarios and outcomes for each unique client and tract of land. This requires a high degree of situational awareness and attention to detail, in addition to a base knowledge of how solar power is generated, stored, transported and marketed.
A New Trend in Securities Fraud: Punishing People Who Do Bad Things
This article seeks to articulate a distinct view of federal securities law as it is increasingly used in non-traditional enforcement actions commenced to punish corporate bad behavior. This paper argues that these non-traditional enforcement mechanisms should be viewed with skepticism. This skepticism should not be misinterpreted as cynicism, as the author believes that these non-traditional enforcement actions are beneficial vehicles to accomplish the admirable governmental objective of “punishing people who do bad things.” However, the author recognizes that such use of securities law does not fall into a category of clearly defined criminal law and carries a significant risk of abuse. The author also recognizes the “admirable governmental objective” may be thwarted when it comes to private companies. Finally, the author is uneasy with the societal values conveyed when the government sanctions corporate misbehavior in the name of protecting shareholders from deception.
Insurance Strategies
Insurance strategies with respect to mergers & acquisitions and contracts (specifically for additional insureds and indemnity provisions). PowerPoint slides.
Drafting Contracts to Avoid Ambiguity
This paper will discuss the nature of ambiguous provisions in contracts, how the courts perceive and dispose of them, and, most importantly, some tips on how to avoid common ambiguities in contract drafting. There are many stylistic imperatives to avoiding ambiguities, from the use of simple language in contracts to the reorganization of sentence structure. This article will focus on specific legal issues that arise in contracts that are particularly susceptible to ambiguities and the attention and adjustments lawyers can make to resolve them.
When is a Forfeiture Clause a Non-Compete?
For Texas lawyers who draft non-competes for employers, there are two essential things to remember. First, putting the non-compete in the form of a forfeiture clause won’t necessarily avoid the requirements of the non-compete statute. Second, regardless of what you call it, it is unlikely that a Texas court will enforce a forfeiture clause that functions as an unreasonably broad non-compete. So you might as well make the scope of the discouraged competition reasonable.