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May 25, 2017 |

Class Arbitration of Oil and Gas Leases: An Update on 'Chesapeake Appalachia'

On April 28, U.S. District Judge Matthew Brann of the Middle District of Pennsylvania issued the latest opinion in a series of high-profile decisions regarding class arbitrability of oil and gas leases. In Chesapeake Appalachia v. Scout Petroleum, 4:14-CV-0620, (M.D. Pa. April 28), Brann granted Chesapeake's motion for partial summary judgment, and entered a declaratory judgment that the leases at issue do not permit class arbitration, and instead require individual (or bilateral) arbitration. Brann's opinion rejected Scout's novel argument that as a matter of Pennsylvania contract law, class arbitration was impliedly authorized under the leases.
10 minute read
January 24, 2017 |

Pennsylvania Instant Case Service Download Page (2016 Cases)

Use this page to download the 2016 cases discussed in The Legal Intelligencer.
212 minute read
October 26, 2016 |

Decision Challenges Efficacy of Liability Management Strategies

In her Distress Mergers and Acquisitions column, Corinne Ball of Jones Day discusses the recent Second Circuit decision in 'Chesapeake Energy v. Bank of New York Mellon Trust', writing: 'Chesapeake' involved a dispute between bondholders and the issuing company regarding whether a "make whole" or pre-payment premium was required when the bond issue was refinanced. While the issue was discreet, the efficacy of a resort to the court for a speedy determination is now subject to question if there is an appeal pending—even one without a stay pending appeal.
15 minute read
September 21, 2016 |

Chesapeake Energy Corp. v. Bank of N.Y. Mellon Trust Co.

Damages Award for Difference Between 'At-Par', 'Make Whole' Prices for Notes' Redemption Correct
2 minute read
August 26, 2016 |

Bankruptcy Filings in Oilfield Services Sector

In his Bankruptcy Update, Edward E. Neiger focuses on bankruptcy filings in the oilfield services sector as the industry reacts to capital expenditure cuts by upstream energy companies and a reduction in drilling activity.
12 minute read
August 10, 2016 |

Judge Bars Class, Approves Arbitration in Gas Dispute

A federal judge has ruled that an arbitration agreement in a natural gas lease prevents landowners from establishing a class action against a gas company. U.S. District Judge John E. Jones III of the Middle District of Pennsylvania granted plaintiff Chesapeake Appalachia's motion for summary judgment in its bid for an injunction barring defendants Edward and Kathleen Ostroski from establishing a class action out of their underlying royalty dispute with the gas company.
6 minute read
June 09, 2016 |

In-House Lawyer Who Hired W. Mark Lanier Joins His Firm

Reagan Bradford, a former deputy general counsel at Oklahoma City's Chesapeake Energy Corp., has joined Lanier Law Firm of Houston to do commercial litigation.
6 minute read
June 08, 2016 |

Baker Botts Bags Role on Another Big Energy Bankruptcy

Less than a week after Baker Botts saw a former energy industry restructuring client retain a rival for its second bankruptcy filing in six months, the firm picked up a lead Chapter 11 role for Seventy Seven Energy Inc. on its bankruptcy case.
3 minute read
May 24, 2016 |

Chesapeake, Total E&P Reach $52.5M Settlement With Royalty Owners

Chesapeake Energy and Total E&P USA recently reached a global settlement under which they will pay out a combined total of $52.5 million to more than 13,000 clients of two Texas-based law firms who claimed they were shortchanged related to their natural gas royalties.
6 minute read
May 17, 2016 |

Kirkland, Weil Divvy Up Latest Batch of Energy Bankruptcies

The restructuring practices at the two top Am Law 100 firms are advising on two more Chapter 11 cases filed Monday by Breitburn Energy Partners LP and SandRidge Energy Inc.
32 minute read

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