April 2013

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In an article published by the National Law Journal, Adam Zuckerman and Sarah Casey report on the state of “legacy lawsuits” in Louisiana. These lawsuits involve claims by landowners that property has been damaged by historic oil and gas exploration and production activities. The article includes a discussion of the Louisiana Supreme Court’s decision (currently pending on rehearing) in State of Louisiana v. The Louisiana Land & Exploration Co., which potentially leaves the door open to windfall judgments that exceed the actual cost to remediate property to regulatory standards. To read the full article, please click here.

Contracts for proprietary seismic data acquisition for oil and gas exploration frequently include a clause providing that all intellectual property developed during the seismic contractor’s performance of acquisition services belongs to the contracting E&P party or that the seismic contractor will provide an irrevocable, royalty-free license to such intellectual property to the E&P party. Such an allocation of rights from the discovery or creation of intellectual property may not always be aligned with incentives to improve, create and test data acquisition technology. (more…)