Special Institute For

Young Natural Resources Lawyers and Landmen

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Monday Afternoon

Registration

  1. ALEX RITCHIE

    Executive Director Rocky Mountain Mineral Law Foundation, Westminster, CO
  2. Rebecca W. Watson

    President-Elect, Rocky Mountain Mineral Law Foundation Welborn Sullivan Meck & Tooley, P.C., Denver, CO
  3. HEIDI K. RUCKRIEGLE

    Senior Associate Wilmer Hale, Denver, Colorado
  4. Ann E. Lane

    WPX Energy, Inc., Denver, CO

Introductions and Opening Remarks

  1. JIM BENDER

    Of Counsel Hall Estill, Denver, CO
  2. BRITTANY BUCKLEY SALUP

    Chevron U.S.A., Inc., Houston, TX and Covington, LA
  3. Nora R. Pincus

    Shareholder Parsons Behle & Latimer, Salt Lake City, UT

Client Development and Maintenance in Natural Resources Industries

  • Establishing, building, and maintaining client relationships in the natural resources industries
  • How to maximize the impact of business client development and relationship building
  • How in-house lawyers and landmen can build client relationships with their business units
  • Community engagement and outreach strategies  

Hosted Refreshment Break

  1. NATHALIE MARTIN

    Professor and Associate Dean for Faculty Development University of New Mexico School of Law, Albuquerque, NM

Career Advancement and Satisfaction for Young Natural Resources Lawyers and Professionals

  • Factors that most strongly correlate with long-term well-being in the legal and related industries
  • How associates, young corporate lawyers, and landmen can learn to thrive in their careers
  • How to manage the expectations of superiors and managers
  • Tips on how to engage with mentors and to manage time for balance in the age of constant connectivity

  1. ELIZABETH A. RYAN

    Senior Counsel Concho Resources, Inc., Santa Fe, New Mexico
  2. HUGH THATCHER

    Rio Tinto, Phoenix, AZ

In-House Counsel Panel: Working with In-House Lawyers at Natural Resources Companies

  • How in-house legal departments are organized, who they report to, who makes decisions, and in what circumstances
  • The allocation of responsibility between in-house counsel, landmen, and environmental, health, and safety personnel
  • Issues that get the most attention from management
  • How and when companies hire outside counsel
  • When outside lawyers are permitted and encouraged to communicate directly with the business side
  • What in-house attorneys and landmen expect of outside counsel, including the practices that lead to repeat business, and mistakes that reduce business

Special function Hosted Reception, Dinner, and Games at the Wynkoop Brewery

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Tuesday Morning

  1. Jennifer L. Biever

    Partner Hogan Lovells US LLP, Denver, CO
  2. MATT BINGHAM

    Hudbay-Rosemont Project, Tucson, AZ; Former Member, Young Professionals Committee
  3. ERIC MARTIN

    Partner Stoel Rives LLP, Portland, OR

Opening Remarks - Foundation Resources and Opportunities for Young Natural Resources Professionals

  1. Mark Benjamin Machlis

    Partner Dorsey & Whitney LLP, Salt Lake City, UT
  2. Constance L. Rogers

    Davis Graham & Stubbs LLP, Denver, CO

Strategic and Legal Decision Making: An Interactive Small Group Discussion of a Hypothetical Natural Resources Development Project

Attendees will be divided into groups and led by senior attorney mentors to work through strategic and legal issues arising in the development of a hypothetical potash mining project located in an area that is already leased for, but not producing, oil and gas. Key decisions that will be addressed include:

  • EA or EIS at the leasing stage
  • Cooperation between the BLM, mining lessee, and oil and gas lessee on co-development of minerals
  • Financing project development
  • Contracting for services
  • Operational design and infrastructure decisions (e.g., providing power to the project)
  • Dealing with administrative lawsuits challenging the project

Hosted Refreshment Break

  1. Jeffrey N. Faillers

    Partner Erwin Thompson Faillers, Reno, NV

Structuring Natural Resources Deals

  • The differences between various deal structures that are common in oil and gas and mining transactions
  • The pros and cons of asset sales verses stock transactions for purchasers and sellers
  • Basic structures of farmouts, farmins, participation exchange, and joint operating agreements
  • Common deal points of earn-in agreements, including staged options, approving programs and budgets, security, publicity/confidentiality, transfer restrictions, and dilution

  1. Elizabeth H. Titus

    Counsel Hogan Lovells US LLP, Denver, CO

Federal Agency Rulemaking and Adjudications

  • The scope of agency authority to adopt, amend, and repeal regulations, and to interpret and supplement regulations by issuing guidance
  • When rulemaking is required and exceptions to formal rulemaking requirements
  • The adjudicatory process under the Administrative Procedures Act and the importance of factual development
  • Judicial review proceedings arising from agency rulemaking and adjudications

Tuesday Afternoon

Hosted Lunch

  1. ARNOLD (ARNE) J. JOHNSON

    Former Senior Vice President and General Counsel Former Noble Energy Inc., Santa Fe, NM

CLE/CPE Ethics Talk— The Role of Junior Lawyers and Landmen: Ethical Considerations

  • How junior lawyers and other professionals should address situations where they have responsibility for tasks or issues without sufficient competency, training, or oversight
  • Potential situations where a junior lawyer or landman questions whether an assigned task or course of action complies with his/her ethical obligations under the Model Rules of Professional Conduct or the Standards of Practice and Code of Ethics
  • Constructively raising concerns with superiors to reach reasonable resolutions and fulfill ethical obligations

  1. JOHN ALMY

    Partner Liskow & Lewis, Houston, TX

Contracting for Goods and Services in the Oil and Gas and Mining Industries

  • Contract risk allocation, including the implications of knock-for-knock indemnities and fault-based indemnities, application of anti-indemnity clauses, defining “indemnified parties,” and the allocation of liability for subcontractors
  • How to read insurance certificates and coordinate insurance coverages with the liability provisions in the contract
  • Warranty disclaimer, consequential damages, and force majeure clauses that are intended to limit liability in certain circumstances

Coffee Break

  1. Dawn G. Meidinger

    Director Fennemore Craig, P.C., Phoenix, AZ

Land Use Controls on Federal Public Lands: Environmental and Other Restrictions on the Use of Public Lands for Energy and Mineral Projects

  • Land use statutes and related environmental limitations on the use of public lands
  • Dealing with the presence of endangered species or special management areas
  • Checklist on the land use and related due diligence considerations lawyers and landmen must take into account when developing an energy or mineral project on federal public lands

  1. VANESSA L. RAY-HODGE

    Partner Sonosky, Chambers, Sachse, Mielke & Brownell, LLP, Albuquerque, NM

Indian Law Fundamentals for Natural Resources Projects

  • Indian law and tribal sovereignty principles
  • The role of tribes both on and off-reservation, including consultation under the National Historic Preservation Act and related executive orders and policies
  • Tribal laws that must be considered and necessary approvals that must be obtained

Course Adjournment