In-House Texas: March 2013

Scott Kerr of Austin has been through what many in-house lawyers would consider a nightmare: working for a company that's being sold. And he's done it twice. He's deputy general counsel of Charleston, S.C.-based Blackbaud Inc. Also in this issue, "Litigation Trends Survey Predicts a Bumpy Ride in 2013" and "Excel at Tough Conversations" and a special report on energy law, "How to Avoid Lease-Related Litigation," "Minimize the Risk of Post-Deal Fraud Claims," "Enforcing Foreign and Nondomestic Arbitration Awards" and "Issues to Watch in Shale Plays."

Texas Lawyer

02-04-2013

From Tax To Tech
Scott Kerr of Austin has been through what many in-house lawyers would consider a nightmare: working for a company that's being sold. And he's done it twice. He's deputy general counsel of Charleston, S.C.-based Blackbaud Inc.

Litigation Trends Survey Predicts a Bumpy Ride in 2013
Buckle up, general counsel, because your colleagues expect a bumpy litigation ride in 2013. In fact, according to the "9th Annual Litigation Trends Survey" by Fulbright & Jaworski, it's already started.

Excel at Tough Conversations
General counsel must engage in high-stakes, emotionally charged conversations; tell uncomfortable truths; and pry open the story beneath the surface, writes Michael P. Maslanka. He offers four keys to unlocking the fortress of fear that can surround difficult discussions in the workplace.

Special Report: Energy Law

How to Avoid Lease-Related Litigation
Much of the recent oil and gas litigation filed in Texas has concerned issues relating to lease negotiation, interpretation and enforcement, writes David Ammons. he offers five suggestions that in-house counsel may be able to use to shrink their litigation budgets by avoiding these all-too-common disputes.

Minimize the Risk of Post-Deal Fraud Claims
After an energy transaction closes, unsatisfied parties increasingly are claiming that the other side misrepresented some material issue during the course of the deal. Not surprisingly, this phenomenon often occurs during rapid or unanticipated movements in commodity prices, cost of capital, development costs, regulation and the like.

Enforcing Foreign and Nondomestic Arbitration Awards
The international scope of energy transactions commonly leads parties to incorporate arbitration as their method of dispute resolution. When the arbitration concludes, the award does not always lead to final resolution, writes Benjamin Escobar.

Issues to Watch in Shale Plays
The energy shale revolution has had particular impact on three major legal areas: conservation regulation, environmental protection and community impact. In-house lawyers must be prepared to protect their clients in all of these arenas, write John R. Hays Jr. and Alicia R. Ringuet.