Mr. Heroux has a wide-ranging transactional law practice focused in the areas of oil and gas, energy and mining law, representing local, national and international companies in connection with mergers and acquisitions, joint ventures, participation and development projects. Mr. Heroux's experience includes working as outside counsel for oil and gas exploration and production and mining companies handling all aspects of the companies' legal service needs, as well as assisting clients with resolving disputes relating to all facets of the oil and gas industry.
Mr. Heroux also handles a wide range of transactional projects across several industries including mergers, acquisitions and divestitures, business formation and consulting, general corporate and business governance, business contracts, commercial lending and project finance. Mr. Heroux also has significant experience in commercial real estate matters, representing clients in connection with the purchase, sale, exchange, development, financing, leasing and management of commercial, retail and industrial real estate.
Mr. Heroux currently is an adjunct professor at The University of Tulsa, Collins College of Business Masters in Energy Business Program.
• Tax Free Exchange for Oil and Gas Assets: Using 1031 Exchanges to Maximize Profits, Investments and Tax Savings, EUCI Course, Denver, Colorado (2014).
• An Overview of the Oklahoma Unclaimed Property Act, presented to the Sooner Association of Division Order Analysts, Tulsa, Oklahoma (2006 and 2007) and presented to the Natural Gas and Energy Association of Oklahoma, 2nd Annual Energy Law Seminar, Tulsa, Oklahoma (2006).
• Negotiated Transactions: Purchase and Sale Agreements, presented to the Natural Gas and Energy Association of Oklahoma, Acquisitions and Divestitures Seminar, Tulsa, Oklahoma (2005).
• Allocation of Post-Production Costs, presented to the Natural Gas and Energy Association of Oklahoma, 1st Annual Energy Law Seminar, Oklahoma City, Oklahoma (2005) and presented to the National Association of Lease and Title Analysts, Galveston, Texas (2000).
•The Evolution of the Oklahoma Gas Gathering Statute, presented to Tulsa Association of Lease and Title Analysts, Tulsa, Oklahoma (2004).
In real estate, Mr. Heroux represents clients in connection with the purchase, sale, exchange, development, financing, leasing and management of commercial, retail and industrial real estate. He has also handled a variety of specialized commercial real estate matters including tenant-in-common (TIC) syndication, commercial mortgage-backed securities loan defeasance and real estate exchange transactions.
Mr. Heroux's real estate experience includes:
• Represented Oklahoma Turnpike Authority in redevelopment of turnpike service plazas, including ground lease agreements and operating & easement agreements with food and fuel service providers.
• Represented real estate development company in purchase and re-development of historic college dormitory property as senior living community, and related LIHTC and HTC project transactions.
• Represented foreign real estate investment company in purchase, sale, leasing and management of nationwide office, retail and multifamily portfolio.
• Represented real estate investor in management and leasing of office and retail portfolio in Tulsa of more than 16 buildings and 2 million square feet.
• Represented real estate investment company in leasing and management of two-building, 1 million square foot commercial Tulsa office complex.
• Represented real estate investment companies in the acquisition and tenant-in-common syndication of office and retail developments Oklahoma and Texas.
• Represented real estate investment company in development and leasing of retail multiuse development in Broken Arrow, Oklahoma.
• Represented local, national and international investors in sales and related defeasance of pooled commercial mortgage backed securities for office and retail properties.
• Represented numerous national real estate investors in tax-deferred real estate exchange transactions to acquire commercial and multifamily real estate developments, including tenants-in-common agreements and property management agreements.
• Represented real estate investors in management and leasing of commercial, retail and multifamily portfolios in Oklahoma and Texas, including negotiation of third-party management agreements.
• Represented numerous local national and international real estate investment companies in the acquisitions of commercial, industrial, retail and multifamily properties.
• Represented real estate investor in acquisition of multifamily properties, and related tax-deferred real estate exchange and tenant-in-common transactions.
• Represented several office and retail tenants in lease negotiations.
In his energy practice, Mr. Heroux represents clients in merger, acquisition and sale agreements, participation, development and leasing transactions, title examination, drilling and operating agreements, gathering, transportation and pipeline easement agreements, appropriation, acquisition and transfer of water rights, as well agreements for fluid management and disposal services, and product purchase, sale and processing agreements. Mr. Heroux began his career in litigation, and has extensive experience in financial and oil and gas disputes. He has been lead counsel in the trial of jury and non-jury cases and was a member of the legal team representing Oklahoma's largest independent oil and gas producers in litigation resulting in the current judicial construction of the cessation of production clause in Oklahoma oil and gas leases, Voiles v. Santa Fe Minerals, Inc., 1996 OK 13, 911 P.2d 1205.
Mr. Heroux's energy experience includes:
• Represented family trust in sale of oil and gas production and service companies to U.S. public company for $526 million.
• Represented privately held hard mineral mining exploration and production company in acquisition, financing and development transactions involving two placer gold mining operations in Alaska.
• Represented investor group in promoting 40,000+ acre wildcat development, including $22 million private placement agreements, participation and development agreements, and support for all phases of the project.
• Represented group of privately held oil and gas companies in connection with the acquisition, development and sale of 300,000+ acres for horizontal drilling projects in Oklahoma and Kansas, including asset sales to publicly traded major oil and gas companies and joint venture with private equity funds, having aggregate transaction value in excess of $300 million.
• Represented joint venture of privately held oil and gas companies in connection with acquisition and development of 100,000+ acre projects in Tuscaloosa Marine Shale in East Louisiana and Niobrara in Colorado.
• Represented U.S. drilling company in Master Consulting Agreement and Services Agreements with international project development company and Sonatrach, the Algerian national oil company.
• Represented privately held drilling company in liquidation and sale of assets, including drilling and workover rigs, and negotiated loan restructuring with secured lenders and represented company in sales tax audits.
• Represented nationwide multifamily development companies in negotiating oil and gas leases in Barnett Shale play located in North Texas.
• Represented privately held energy companies in sales of natural gas gathering systems in Oklahoma, Texas and Utah.
• Represented independent exploration and production companies in negotiation of secured operating lines of credit with national banks.
• Represented national bank in $55 million secured loan transactions with energy cogeneration company.
• Represented private equity companies in due diligence reviews for purchase and lending transactions involving upstream and midstream oil and gas assets.
In his business practice, Mr. Heroux handles a wide range of projects across several industries including mergers, acquisitions and divestitures, business formation and consulting, general corporate and business governance, business contracts, commercial lending, project finance, and securities and private placements.
Mr. Heroux's business transactions experience includes:
• Represented family ownership group in sale of heat exchanger manufacturing company to private equity fund for $106 million.
• Represented ownership group in sale of FAA MRO repair station company to U.S. public company of $30 million.
• Member of legal team representing multinational publicly traded company in $250 million spin-off of chemical company subsidiaries.
• Member of legal team representing Canadian publicly traded company in $44 million acquisition of Oklahoma Spine Hospital.
• Member of legal team representing one of Oklahoma's largest publicly traded oil and gas production companies in hostile tender offer for publicly traded competitor, resulting in negotiated $118 million acquisition transaction.
July 3, 2014 Chris Heroux Teaches at The University of Tulsa College of Business
Kutak Rock energy attorney Chris Heroux was recently named an adjunct professor at The University of Tulsa in Tulsa, Oklahoma.
May 15, 2014 Christopher Heroux and Lee Sachnoff: Volunteer Judges for Student Mock Hearings
On May 20, 2014 the Cherry Creek West Middle School (Denver) eighth-grade social studies classes participated in the Mock Congressional Hearings and presented before a panel of judges, including Kutak Rock attorneys Christopher Heroux and Lee Sachnoff.
February 27, 2014 Chris Heroux Teaches EUCI Course on Tax-Free Exchange for Oil and Gas Assets
Chris Heroux, a partner in the Denver office of Kutak Rock LLP, delivered a presentation in Denver as part of an EUCI Course entitled Tax Free Exchange for Oil and Gas Assets: Using 1031 Exchanges to Maximize Profits, Investments and Tax Savings.
January 2, 2014 Kutak Rock Elevates 33 to Firm Partnership
Kutak Rock LLP is pleased to announce that 33 attorneys across its 16 offices were selected for partnership, effective January 1, 2014.
August 20, 2013 Kutak Rock LLP Adds Nine Attorneys to Denver Corporate Group
March 6, 2014 Pennsylvania Denies Reconsideration of Robinson Township
March 6, 2014 Collaborative Action Results in Adoption of Strict New Colorado Air Quality Rules, While Local Groups Want Further Restrictions on Oil and Gas Activities
March 6, 2014 Nebraska Court Voids Governor Approval of Keystone XL Pipeline Route; State will Appeal
November 14, 2013 Solar Developer Sues California Public Utilities Commission
Winding Creek Solar, a California solar developer, recently filed suit in federal court in California, claiming that the California Public Utilities Commission's (CPUC) fixed price for energy from small renewable energy developers violates the federal Public Utility Regulatory Policies Act of 1978 (PURPA).
November 14, 2013 Three Colorado Cities Adopt Bans on Hydraulic Fracturing
Voters in three Colorado municipalities have adopted new bans on oil and gas hydraulic fracturing operations, raising the stakes for the upcoming legislative session and for pending lawsuits challenging fracking bans previously adopted by another Colorado municipality.
October 28, 2013 Utility Air Regulatory Group v. EPA
Newsletter (Also Member at Heroux Partners PLLC)