A founding member of the firm's Houston office, Mr. Theriot has served as the managing partner of that office and as a member of the firm's Board of Directors.
Mr. Theriot has helped clients navigate tough legal issues in the energy field for over 25 years in a variety of transactional and litigation matters. He has deep experience in the E&P, midstream, downstream, transportation, marketing, lease and land, royalty, operational, and acquisition and divestiture areas. He has handled matters before state and federal trial and appellate courts in Texas and Louisiana and helped negotiate multi-million dollar contracts involving oil and gas development, joint operations, marketing, midstream systems, acquisitions, and other related transactions. Much of his current work is focused on the challenges facing producers in unconventional shale plays.
Mr. Theriot is Board Certified in Oil, Gas, and Mineral Law by the Texas Board of Legal Specialization.
Some of his recent work includes:
•Arbitration of farmout and JOA carried interest dispute for major independent producer in the Eagle Ford area
•Lead defense counsel in multiple royalty and title suits by lessors in the Eagle Ford area.
•Preparation of gathering and processing agreements for oil, gas, condensate and NGLs in major shale plays.
•Successfully argued as lead appellate counsel before the Louisiana Supreme Court to reverse judgment below and to reinstate a mineral lease and extension against claims of mistake and error. Peironnet v. Matador Resources Co., 2012-C-2292 (La. 2013).
•Successfully argued as lead counsel before U.S. Fifth Circuit to reverse trial judgment on claims involving breach of joint operating agreement and well costs.EOG Resources, Inc. v. Chesapeake Energy Corp., 605 F.3d 260 (5th Cir. 2010), on remand, 2013 U.S. Dist. LEXIS 47027 (W.D. La. 3/28/2013).
•Drafted and negotiated conveyance, construction, operation, and transportation contracts for major joint venture to build crude and gas midstream systems in Eagle Ford Shale area.
•Drafted and negotiated joint venture for midstream system in Marcellus Shale, with accompanying transportation and operating agreements.
•Successfully argued as lead counsel before Louisiana Second Circuit to reverse trial judgment that denied operator the right to deduct post-production expenses from lease royalty. Culpepper v. EOG Resources, Inc., 92 So.3d 1141 (La. App. 2d Cir. 2012).
•Lease portfolio review and preparation of opinions on royalty valuation and deduction directives for unconventional shale prospects.
•Serving as arbitrator in well interest dispute between working interest owners.
•Advice on federal rail transportation regulations for shipment of crude oil.
•Arbitration of breach of contract of seismic service agreement for Congolese concession.
•Acquisition of long-term pipeline easements, including expropriation actions, for major oil, gas, and chemical company.
•Defense of offshore operator from multiple litigation claims arising from purchased properties, including indemnity, contract, and environmental claims.
•Drafted project documents for CO2 secondary recovery and injection joint venture.
•Lead counsel in jury trial in Harris County, Texas, involving claims for fraud, breach of fiduciary duty, and contract interpretation in oil and gas partnership dispute.
•Successfully defended claim for fraud in connection with the sale of oil and gas working interests obtaining a zero verdict after trial in Harris County district court.
•Defended and negotiated settlement for a major oil and gas company to resolve multiple class actions asserting royalty underpayment on crude and natural gas.
•Defended several major and independent producers against crude oil royalty claims.
•Prepared and negotiated long-term contracts for pipeline and transportation agreements for an independent producer in LaSalle and McMullen Counties.
•Due diligence, title review, and financing work for credit facilities in Texas oil and gas assets.
•“Current Land and Lease Disputes in Shale Plays, Institute for Energy Law, CAIL, Webinar 2014
•“Midstream Update - Challenges in Getting Production to Market,” Rocky Mountain Mineral Law Foundation Annual Institute, Spokane, WA, July 2013
•“Identifying, Valuing and Characterizing Natural Resources”, State Bar of Texas New Frontiers Institute, New Orleans, October 2012
•“Natural Gas Midstream Contracts,” South Texas College of Law Annual Energy Institute, September 2012
•“Liability Issues under Joint Operating Agreements,” University of Texas Annual Ernest Smith Oil and Gas Institute, April 2011
•“Assignments and Conveyances of Oil and Gas Interests”, South Texas College of Law Annual Energy Institute, September 2010
•“Texas and Louisiana Oil & Gas Update,” Houston Association of Professional Landman, September 2009
•“Purchase and Sale of Oil and Gas Properties,” University of Houston Advanced Oil & Gas Short Course, February 2009
•“Trial of a Royalty Lawsuit to Judge and Jury,” Rocky Mountain Mineral Law Foundation Special Institute, Nov. 2008
•“Texas Oil and Gas Update,” Liskow and Lewis Energy Law Seminar, October 2007
•“Ethical Issues Arising From Joint Operation Transactions,” Rocky Mountain Mineral Law Foundation Special Institute, Santa Fe, NM, December 2007
•“Lobbying Government Officials - Legal, Ethical, & Practical Considerations,” Rocky Mountain Mineral Law Foundation Special Institute, March 2007
•“Duty to Restore the Surface (Express, Implied and Damages),” 52nd Mineral Law Institute, Baton Rouge, LA, 2005
•“Update on Surface Damage Cases, Independent Petroleum Association of America Law Committee Luncheon, Rocky Mountain Mineral Law Foundation, Vail, CO, 2004
•“Developments in Energy Litigation - Valuation, Royalty and the (Implied) Obligation to Market,” Current Issues and Developments for Landmen and In-House Counsel, Houston, TX, 2003
•“Exposure to Punitive Damages and Penalties in Oil and Gas Litigation,” Liskow & Lewis Oil and Gas Seminar, Houston, TX, 2001
•Our Texas Heritage: The Summer of the No Deductions Clause
•The Summer of the No Deductions Clause, with Joshua P. Downer, The Houston Lawyer Volume 52, Number 3, November/December 2014
•Liskow & Lewis attorneys have recently submitted briefs on behalf of amicus curiae in three significant oil and gas cases before the Supreme Court of Texas.
•Texas Supreme Court Holds JOA Exculpatory Clause Applicable to All Activities of the Operator, Liskow & Lewis E-Newsletter, September 5, 2012
•Disputes Between Operators and Non-Operators - Judicial Application of Joint Operating Agreements, State Bar of Texas, Oil, Gas and Energy Resources Law Section Report, vol. 30 (March 2006)
•Developments in the Law, 1987-1988, A Faculty Symposium: Obligations, (with Bruce V. Schewe), 49 La. L. Rev. 493 (1988)
•An Examination of the Role of Delivery in the Transfer of Ownership and Risk in Sales Under Louisiana Law, 60 Tul. L. Rev. 1035 (1986)