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18 Sep
By Michael Howard: Understanding Environmental Impacts: What Air Quality and Noise Studies Tell Us about Oil and Gas Setbacks

The Colorado Energy and Carbon Management Commission (“ECMC”) publicly released and reviewed three recent state specific studies related to public health risks associated with living near oil and gas development...

27 Aug
By Kyle Williams: Who Owns the Minerals Beneath North Dakota’s Rivers? State v. Leland and the Law of Navigable Waterways

State ex rel. State Eng'r v. Leland A recent North Dakota Supreme Court decision has provided further clarification to an issue with implications for landowners, oil and gas operators, and the...

22 Apr
Who Owns the Minerals Under a Railroad Right-of-Way… by Ian M. Nelson

Like all of History’s great philosophical conundrums, the answer to the title question is, it depends. In the 19th Century, primarily to create the quintessential definition for the newly invented...

08 Oct
Arkansas’s Smackover Formation… by Brian T. Wittpenn

Arkansas’s Smackover Formation is a promising Lithium play that many companies are now making plans to develop.[1] At KMD, we have been researching and preparing to assist clients with their...

09 Sep
USPTO: An Unexpected Need for Risk Management… by John M. DeBoer

In the new era of artificial intelligence (AI), accompanied by those willing to use AI for malicious or harmful purpose, such as deepfakes or misinformation, it is wise to cast...

13 Aug
Re-Thinking Inventorship:  Why the U.S. Patent System Should Ease Correction Instead of Enabling Invalidation… by Erik J. Osterrieder

The United States patent system rests on legal precision and ethical fairness.  One area where these ideals clash is the treatment of omitted inventors.  Currently, failing to name a proper...

07 Aug
Louisiana Mineral Servitudes… by Melissa A. Lombardo

Louisiana has a distinct approach to the separate ownership of surface and mineral estates through the concept of the mineral servitude. This article provides an overview of mineral servitudes as...

18 Jul
Surface Owner Royalties: Lessees Should Know the Lesser-Known Interest… by Ian A. Tennery

Every oil and gas title attorney and landman should already be familiar with the following types of interests in real property: Surface Interest (SI) Mineral Interest (MI) Non-Participating Royalty Interest (NPRI) Working Interest (WI) Overriding...

10 Jul
Non-Disclosure Agreement or Provisional Patent Application or Both?… by Shilpa G. Ghurye

With the changes in patent law after implementation of the America Invent Act, entrepreneurs/innovators routinely face a dilemma when it comes to protecting their intellectual property when talking to collaborators...

02 Jul
Making Things Personal: A Guide to the Texas Construction Fund Act… by Aaron J. Maher

Before taking on a construction project, whether you’re a subcontractor, general contractor, or property owner, it’s important to understand the functions and powers of Chapter 162 of the Texas Property...

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