LEGAL UPDATE FOR OIL & GAS ENTITIES:

Transcription

1 COURSE LEGAL UPDATE FOR OIL & GAS ENTITIES: CONTRACTS TO LIABILITY, PERMITS TO INDEMNITY, STRATEGIES TO AVOID RISK, AND CYBERSECURITY CHALLENGES Houston Marriott West Loop by The Galleria is authorized by IACET to offer 1.1 CEUs for the course. 1

2 OVERVIEW From extraction to end-use utilization, oil and gas production is similar to many regulated markets in terms of legal concerns and mandates. Decisions in day to-day operations can create legal impact when physical incidents arise or contracts are terminated. This one-day event will focus on key legal hot spots for oil and gas entities. Learn about the most common issues for operators, service providers, manufacturers, and storage/ transport companies. Our attorneys will discuss recent cases, best practices, and strategies to employ to stay in front of these legal issues. An overview of the current evolving cyber threat landscape will be presented with the focus on showing its impact on security approaches from the people and the process points of view. WHO SHOULD ATTEND In-house counsel Risk managers Planning engineers Operations personnel Insurance personnel Contract analysts Contract administration personnel LEARNING OUTCOMES Define areas of concern for businesses as owners, employers, and potential claim defendants Discuss typical claims and options to avoid or counter claims Review statutes, clauses which control proceedings Examine the interplay of liability between industry players Explain the changing cyber threat landscape and its impact on security approaches REGISTER 4601 TODAY! DTC Blvd., CALL Suite OR VISIT 2

3 AGENDA Tuesday, 7:30 8:00 a.m. Registration and Continental Breakfast 8:00 a.m. 5:00 p.m. Course Timing 12:00 1:00 p.m. Group Luncheon Key Issues for Operators Contracts and service agreements An ounce of prevention Worksite concerns Incidents and lawsuits Indemnity and insurance requirements Service Providers The hired hand o Temporary employees o Independent contractors RFPs, contracts, purchase orders o Know your terms & conditions Personal injury and property damage claims o Keys to incident investigations Litigation roundup Chain of command issues onsite Beyond the great state of Texas Developments in other states Perspectives for Manufacturers Offense and defense outlook with statutory indemnity Product liability and the measure of damages Shifting liability o Pipe versus product Foreign manufacturing responsibilities to industry and government standards Special attention to unique statutes in Texas and Oklahoma Focus on Transportation: Pipeline Construction, Development, and Beyond the Oil Patch Contracts - timing, quantity, and service areas of regional supply contracts Approval process at FERC, state and local level Strategies for public outreach Permits o Process o Permission o Public/Private land owners o Appraisal details 3

4 AGENDA Tuesday, (Continued) Focus on Transportation: Pipeline Construction, Development, and Beyond the Oil Patch (Continued) Approvals and timing o State public utilities or energy site authorities Eminent domain and legislative action When to proceed Litigation strategies o Obtaining survey access o Unique local authority issues New players in the market Planning for construction outside the oil states o Environmental permitting and planning to avoid delays o Strategies to evaluate and manage local issues and concerns Cybersecurity for Critical Infrastructure Owners and Operators: Security over Compliance Evolving threat landscape and the need to evolve defenses o Next-generation and nation-state actors o Advanced persistent threats and why they might target industrial networks and operations o Common security problems and practices o Evolution of defenses from securing the perimeter to hunting the attackers Challenges around securing industrial networks and control system-enabled operations o Historical Security through obscurity paradigm o Legacy systems and time-tested configurations o Freely available information usually provided to the attackers o Fixes and attendant risk of interrupted physical processes Focusing on the People and Process part of the solution o Update on trends for (cyber) security of industrial networks o Information sharing on threats and practices o Incident response capabilities o Testing plans and training (security) workforces 4

5 INSTRUCTORS Staton Childers / Shareholder / LeClairRyan Staton Childers is a trial lawyer with LeClairRyan in Houston whose primary practice focuses on clients in the oil and gas, energy and petrochemical industries throughout Texas. He is dedicated to thoroughly representing his clients and addressing all of their legal needs, whether that means providing the best defense possible or creating proactive solutions in order to avoid future litigation. At the University of Houston Law Center, Mr. Childers was a member of the Advocates Board and a high achiever, receiving an award for Finalist and Best Brief in a competition with the law school s national moot court team. Mr. Childers is a member of the Texas Association of Defense Counsel, the Houston Bar Association, Defense Research Institute, the Garland R. Walker American Inn of Court, and the State Bar of Texas. He has served on the Houston Livestock Show & Rodeo Legal Advisory Committee since Mr. Childers also served on the Board of Director s for Bo s Place from He is currently a member of the Bo s Place Advisory Board. He received degrees from University of Houston Law Center, J.D., 1996 and Texas A&M University, B.S., Agricultural Economics, 1991, magna cum laude. He is a frequent speaker on litigation topics such as premises liability, worker s compensation and more. Mr. Childers is AV Preeminent rated by Martindale Hubbell and has been recognized as a Texas Super Lawyer. His professional memberships include Texas Association of Defense Counsel, Defense Research Institute and Aggie Cowboys/Beta Theta Pi. Chris Fogle, CISSP / Delta Risk LLC Chris Fogle is one of the founding Partners of Delta Risk LLC a cyber security consulting group that provides tailored, high impact cyber security and risk management services to government and commercial clients worldwide. Mr. Fogle has over 25 years of experience in the diverse areas of cyber security, emergency management, and contingency planning and operations. He specializes in bridging strategy and operations focusing on aligning the right mix of security operations, technical assessments, advanced training, and realistic exercises as the most effective means of managing today s complex cyber threats and achieving business priorities. Mr. Fogle was the principal architect of the scenario and gameplay for FEMA s 2012 National Level Exercise the first Tier 1 exercise to focus on marshalling a national response to a large-scale cyber attack. In addition to technical scenario elements, he was the architect of the unique edge scripted gameplay that enabled the successful integration of disparate objectives across many federal departments and agencies, and critical infrastructure companies in several sectors. He is an experienced course developer and presenter on cyber security and risk management at various national and international forums. He has presented at various security forums to include the Energy Security Council, InfraGard, DHS s Industrial Control System Joint Working Group, and the Government Forum of Incident Response and Security Teams (GFIRST). Mr. Fogle received his Bachelor s Degree in Computer Science from the University of Maryland, and a Master s Degree in Computer Systems - Information Warfare, from the Air Force Institute of Technology. He is an (ISC)2 Certified Information Systems Security Professional (CISSP) and a member of both the InfraGard and the Association of Contingency Planners. 5

6 INSTRUCTORS CONTINUED Michael Magee / Shareholder / LeClairRyan Michael Magee, a defense trial lawyer in LeClairRyan s Houston office, has tried over 60 cases to verdict in State and Federal court. He represents a wide variety of clients, including oil and gas companies, property owners and construction companies. Mike s practice primarily focuses on personal injury litigation. Mike became Board Certified in Personal Injury Trial Law in He has been named a Texas Super Lawyer for the past five years. Mike has earned an AV Preeminent rating from Martindale Hubbell, the directory s highest rating for attorneys. Outside the courtroom, he is active in the community. He has been a volunteer for the Houston Livestock Show & Rodeo for the past 23 years. Mike is also a member of Lakeside Country Club, where he served as President in He holds degrees from South Texas College of Law, J.D., 1990 and the University of Texas, B.B.A., Finance/Real Estate, Magee is Board Certified, Personal Injury Law, Texas Board of Legal Specialization (1997) and is listed among The Best Lawyers in America in Product Liability Litigation - Defendants, His professional memberships include Texas Association of Defense Council; Defense Research Institute; Associate, American Board of Trial Advocates; and Life Fellow, Houston and the Texas Bar Foundations. James Messenger / Shareholder / LeClairRyan James Messenger is an AV rated litigation attorney practicing in LeClairRyan s Boston and New York offices, with a focus on counseling clients in connection with high-stakes, complex litigation in areas such as intellectual property, business transactions, securities, and bankruptcy matters. Mr. Messenger has obtained successful outcomes for complex litigation clients at every stage of the trial process including case-ending motions to dismiss, summary judgments, trials and appeals. Mr. Messenger regularly acts as outside general counsel to companies throughout the country. He received degrees from Suffolk University Law School, J.D., 1985, cum laude and Boston University, B.A., Sociology, 1978, summa cum laude. His professional memberships include New England Legal Foundation, Past Board of Directors; Boston Chapter of the Lawyers Committee on Civil Rights: Board Member; Norfolk County Children s Advocacy Center: Board Member; Cooperating Attorney, American Civil Liberties Union; and Boston Law Journal: Former Editor. 6

7 INSTRUCTORS CONTINUED Roy Palk / Senior Energy Industry Advisor / LeClairRyan In his role with LeClairRyan, Roy M. Palk provides advice to the Firm s energy attorneys and energy clients on various matters including power planning and delivery, financial resources, project development, regulatory matters, new and expanded business development opportunities and serves as a member of the Core Leadership for the Firm s Energy Industry Team. Mr. Palk is a frequent speaker and writer for the Firm. Palk assumed the duties of president and chief executive officer of East Kentucky Power Cooperative (EKPC) on April 1, 1994 and retired from EKPC on April 1, Among many other projects during his tenure at EKPC, he led a $2.5 billion generation and transmission program to meet its future power supply requirements. Prior to joining EKPC, Palk served as the assistant general manager of the National Rural Electric Cooperative Association (NRECA) in Washington, DC. Palk joined NRECA as its director of internal operations and became its assistant general manager in Palk, an attorney, he also served as NRECA s corporate counsel. Mr. Palk is now the president of New Horizons Consulting in Lexington, Kentucky. He represents and advises various energy and energy-related clients regarding production technologies, project development, strategic planning, corporate governance and staff development, fuel issues, environmental issues and financing. His clients include lenders, electric utilities and related businesses, trade associations, utility construction companies, an architect and engineering firm, government agencies, fuel companies and a law firm. A 40-year veteran of the energy industry, Palk has represented the electric cooperative program throughout the United States, including serving as the interim president and CEO for Colorado-Ute Generation and Transmission Cooperative located in Montrose, Colorado during the cooperative s successful workout from Chapter 11 bankruptcy. International assignments for Palk include Europe, Asia, Central America and South America. Some of those assignments were for projects funded by various international development agencies and organizations, including the World Bank, the Asian Development Bank and the United States Agency for International Development (USAID). Prior to joining NRECA, Palk spent seventeen years with two Tennessee Valley Authority TVA) supplied electric distribution cooperatives. He was the director of member services for Tri-County Electric Membership Corporation in Lafayette, Tennessee, and the general manager and CEO of Upper Cumberland Electric Membership Corporation in Carthage, Tennessee. While employed within the TVA region, Mr. Palk served in various positions with the Tennessee Valley Public Power Association, the seven-state trade association for TVA-served power distributors, including the chair of its Rates and Contracts Committee and, later, as its board chair. Mr. Palk was a founding director of Distributor s Insurance Company, the captive insurance company for TVA power distributors. Mr. Palk is a former member of the boards of the Center for Energy and Economic Development (CEED) in Washington, DC, the Kentucky Community and Technical College System Foundation (board chair) the Kentucky Coal Marketing Council, the Electric Power Research Institute in Palo Alto, California (vice-chair) and the Generation and Transmission Managers Association (Power Planning Committee Chair). Mr. Palk is a founding member and past chair of ACES Power Marketing LLC, a 22-state energy and risk management company based in Indianapolis, Indiana. He was a member of the NRECA Power and Water Resources Committee and the Southeastern Federal Power Customer Group, (SEPA power recipients). 7

8 INSTRUCTORS CONTINUED David Wilson / Shareholder / LeClairRyan David Wilson II practices in the area of business and construction litigation in both of LeClairRyan s Texas and Nevada offices. He has tried well over 100 cases as first chair lawyer in a variety of cases. He has also served as lead counsel in over 60 appellate cases, including at the Texas Supreme Court. Consistent with his experience, his practice includes extensive trial and appellate representation as lead counsel, primarily on behalf of the construction, manufacturing, insurance and oil and gas industries. In addition, David s background as a prosecutor has also provided him opportunities to defend business and high-profile clients in many aspects of government relations, including administrative proceedings and white collar criminal defense. He received degrees from South Texas College of Law, J.D., 1993 (Order of the Lytae; Order of Barristers; Recipient, Lindsay Haid Award) and Texas A&M University, B.S., He is a sought after speaker on many topics including construction litigation, defect claims litigation, complex and multiparty litigation. His professional honors include President s Award, Houston Bar Association; Distinguished Alumni Award, Duke University Talent Identification Program; Who s Who in American Law, 13th ed. and Who s Who in Emerging Leaders, 1st ed.; H Texas magazine s Top Lawyers in Houston; Texas Super Lawyers, Texas Monthly magazine; Leadership Award, DRI; Vegas, Inc. magazine s Top Lawyers, 2013; Desert Companion magazine s Clark County s Top Lawyers. His professional memberships include Houston Bar Association: Past Editor in Chief, The Houston Lawyer; American Bar Association: Past Member, House of Delegates; Past Chair, Appellate Advocacy Committee of Tort Trial & Practice Section; Texas Association of Defense Counsel: Editor, Construction Law Newsletter; Defense Research Institute: Past Chair, Construction Law Committee; Fellow of the Houston, the Texas and the American Bar Foundations; Member of College of State Bar of Texas. Mr. Palk received his B.S. from Tennessee Technological University and his J.D. from the Nashville School of Law. He was president of the law school s honor council. He has also studied mechanical and electrical engineering through in-house courses provided by the TVA and has taken Executivefocused accounting and labor relations courses at the Owen School of Management at Vanderbilt University. 8

9 INSTRUCTIONAL METHODS PowerPoint presentations, discussion, and case studies will be used in this program. REQUIREMENTS FOR SUCCESSFUL COMPLETION OF PROGRAM Participants must sign in/out each day and be in attendance for the entirety of the course to be eligible for continuing education credit. CREDITS has been accredited as an Authorized Provider by the International Association for Continuing Education and Training (IACET). In obtaining this accreditation, has demonstrated that it complies with the ANSI/IACET Standard which is recognized internationally as a standard of good practice. As a result of their Authorized Provider status, is authorized to offer IACET CEUs for its programs that qualify under the ANSI/IACET Standard. is authorized by IACET to offer 1.1 CEUs for the course. EVENT LOCATION A room block has been reserved at the Houston Marriott West Loop by The Galleria, 1750 West Loop South, Houston, TX 77027, for the nights of April 12-13, Room rates are $179 for single & double occupancy, plus applicable tax. Call for reservations and mention the course to get the group rate. The cutoff date to receive the group rate is March 12, 2015, but as there are a limited number of rooms available at this rate, the room block may close sooner. Please make your reservations early. PROCEEDINGS The proceedings of the course will be published, and one copy will be distributed to each registrant at the course. REGISTER 4601 TODAY! DTC Blvd., CALL Suite OR VISIT 9

10 REGISTRATION INFORMATION EVENT LOCATION Mail Directly To: Electric Utility Consultants, Inc. () 4601 DTC Blvd., Ste. 800 OR, scan and to: PLEASE REGISTER THE FOLLOWING LEGAL UPDATE FOR OIL & GAS ENTITIES APRIL 14, 2015: US $995 EARLY BIRD ON OR BEFORE APRIL 3, 2015 US $895 A room block has been reserved at the Houston Marriott West Loop by The Galleria, 1750 West Loop South, 77027, for the nights of April 12-13, Room rates are $179 for single & double occupancy, plus applicable tax. Call for reservations and mention the course to get the group rate. The cutoff date to receive the group rate is March 12, 2015, but as there are a limited number of rooms available at this rate, the room block may close sooner. Please make your reservations early. ENERG ZE WEEKLY s Energize Weekly newsletter compiles and reports on the latest news and trends in the energy industry. Newsletter recipients also receive a different, complimentary conference presentation every week on a relevant industry topic. The presentations are selected from a massive library of more than 1,000 current presentations that has gathered during its 26 years organizing conferences. Sign me up for Energize Weekly. How did you hear about this event? (direct , colleague, speaker(s), etc.) Print Name Job Title Company What name do you prefer on your name badge? Address City State/Province Zip/Postal Code Country Telephone List any dietary or accessibility needs here CREDIT CARD Name on Card Account Number Billing Address Billing City Billing State Billing Zip Code/Postal Code Exp. Date Security Code (last 3 digits on the back of Visa and MC or 4 digits on front of AmEx) OR Enclosed is a check for $ to cover registrations. All cancellations received on or before March 13, 2015, will be subject to a US $195 processing fee. Written cancellations received after this date will create a credit of the tuition (less processing fee) good toward any other event or publication. This credit will be good for six months. In case of event cancellation, s liability is limited to refund of the event registration fee only. For more information regarding administrative policies, such as complaints and refunds, please contact our offices at reserves the right to alter this program without prior notice. 10