ArticleThe Parol Evidence Rule At Work In A Mineral TransactionA phrase currently in common usage begins with "‘cluster" and ends with a vulgarity that has been around for centuries. United StatesEnergy and Natural ResourcesGray Reed
ArticleFBAR Willfulness: 9th Circuit Adds Recklessness, Joining Sister CourtsFor FBAR penalty purposes, there is a critical distinction between willful and non-willful conduct. If a U.S. person willfully fails to file a correct and timely FBAR, the IRS may impose civil penalties equal...United StatesLitigation, Mediation & ArbitrationGray Reed
ArticleWhat You Need To Know About The IRS' New Voluntary Disclosure PracticeSince the inception of the U.S. tax system, some taxpayers have willfully failed to comply with the tax laws. Because failures due to willful conduct may result in criminal prosecution, taxpayers sometimes...United StatesTaxGray Reed
ArticleWas It A Mineral Deed Or An Oil And Gas Lease?How to distinguish an oil and gas lease from a mineral deed? In Richardson v. Mills, it was a deed when the instrument uses words like "forever" and imposes no duty to explore for and develop minerals.United StatesEnergy and Natural ResourcesGray Reed
ArticleScribner's Error: A Cautionary Tale Of Oil & Gas FraudDALF Energy, LLC v. GS Oilfield Services addresses a fiduciary's deceptive actions in oil and gas transactions.United StatesEnergy and Natural ResourcesGray Reed
Article"Hi, I Think Your Dad Is Also My Dad": Illegitimate Heirs – FiduciariesMary Goodblood grew up believing that she was Cash Goodblood's only daughter. Twenty-five years after he died, her dad's brother Uncle Trusty sold the Goodblood family business...United StatesFamily and MatrimonialGray Reed
ArticleEBITDA, Adjusted EBITDA, And EBITDAC In The Age Of COVID-19The definition earnings before interest, taxes, depreciation and amortization ("EBITDA") and adjusted EBITDA have always been important and highly negotiated United StatesCoronavirus (COVID-19)Gray Reed
ArticleHow Much "Climate Justice" Do We Need … How Much Can We Stand?How will you and I become extinct? The UN assures us that the weather will be unpleasant whenever it happens. The IPCC has predicted that global "warming", "heating", "baking" "broiling" and otherUnited StatesEnergy and Natural ResourcesGray Reed
ArticleLien And Bond Claims In March 2024: Dates To RememberUse this guide as a reference when filing lien and bond claim notices for the month of March. If you have any questions about the lien and bond claim process...United StatesReal Estate and ConstructionGray Reed
ArticleWill Trump's Treasury Department Continue Partnership Tax Focus?In 2024, the IRS ramped up its focus on partnerships, including several actions before President Trump took office. However, with a new Treasury Secretary confirmed (i.e. Scott Bessent), a new IRS Commissioner nominated...United StatesAccounting and AuditGray Reed
ArticleDo Montanans' Rights Include A Fossil-Fuel-Free Environment?It looks like they do. In Held et al v. State of Montana the Montana Supreme Court declared the "MEPA Limitation" unconstitutional. The plaintiffs were 16 youths, ages 2 to 18 at the time of filing.United StatesEnergy and Natural ResourcesGray Reed
ArticleNPRI Plaintiff Survives Affirmative DefensesBoren Descendants et al v. Fasken Oil and Ranch, LTD, offers something to talk about beyond interpretation of the fixed-or-floating NPRI question.United StatesEnergy and Natural ResourcesGray Reed
ArticleTexas Railroad Commission's Denial Of MIPA Forced-Pooling AffirmedIf you follow the Texas Railroad Commission closely, you should read Ammonite Oil & Gas v. Railroad Commission of Texas, in which the Supreme Court rejected a mineral owner's effort to force pool an interest under the Mineral Interest Pooling Act. United StatesEnergy and Natural ResourcesGray Reed
ArticleMinority Members' Contractual Blocking Rights Can Result In The Imposition Of Fiduciary DutiesIn Skye Mineral Investors LLC v. DXS Capital (U.S.) Limited, et al., the Delaware Court of Chancery (the "Court") denied defendants' motion to dismissUnited StatesInsolvency/Bankruptcy/Re-StructuringGray Reed
ArticleLien And Bond Claims In October 2024: Dates To RememberUse this guide as a reference when filing lien and bond claim notices for the month of October. If you have any questions about the lien and bond claim process, don't hesitate to reach out to any member...United StatesReal Estate and ConstructionGray Reed
ArticleZoning Fundamentals – What Developers And Builders Need To KnowIn simple terms, zoning refers to a city's ability to regulate property owners' use of their land within its corporate boundaries. For instance, a city may prohibit commercial accessory...United StatesReal Estate and ConstructionGray Reed
ArticleThe $1 Qualified Offer: A Powerful Tool For Taxpayers In IRS DisputesGiven the size of the government, it is no surprise that the IRS often has an advantage over taxpayers in tax controversy matters.United StatesTaxGray Reed
ArticleHow To Reduce Criminal Tax Risks Through An IRS Voluntary DisclosureThe government has long recognized that taxpayers make bad decisions, even criminal ones. In an effort to nudge taxpayers back into compliance...United StatesTaxGray Reed
ArticleJury Duty: Who, What, Why . . .The Jurors Right to Reemployment Act and the Jury System Improvement Act of 1978 applies to all employers in Texas. United StatesEmployment and HRGray Reed
ArticleMineral Lessee's H2S Damage Claim RejectedLandowner and mineral owner (that includes you, lessee): Under ETC Texas Pipeline, Ltd. v. Ageron Energy, LLC, your right to sue for damages for tort or trespass...United StatesLitigation, Mediation & ArbitrationGray Reed