Tags: Non-CLE Program
Presented by the Institute for Energy Law and the Energy & Mineral Law Foundation, the 12th Law of Shale Plays Conference is focused on legal issues related to the shale plays in the United States. The conference brings together clients, attorneys, professional landmen, and other professionals to learn and discuss important cases, concepts, and trends.
Although MCLE credit was previously obtained for this program in at least one jurisdiction (most likely Texas), such credit has expired and not been renewed by The Center for American and International Law. You may be able to obtain credit in certain jurisdictions (self-study credit), but the rules vary greatly by jurisdiction. Please review your jurisdiction’s MCLE rules and regulations before purchasing or viewing this program.
Luke is a partner in the oil & gas team of Reed Smith’s Energy and Natural Resources group. Luke has spent nearly a decade representing energy industry clients litigating a variety of cases involving all aspects of the development of the Marcellus and Utica shales. Luke handles complex contractual disputes, including cases involving drilling contracts, joint operating agreements, and other industry specific relationships. Luke has significant experience representing exploration and production companies in royalty litigation, both class action and individual cases, and has defended many of the most common lease forms and provisions found throughout Appalachia. Luke also represents midstream companies in storage field cases, land use disputes, encroachment cases, and condemnations, and industry contractors on issues including workplace fatalities. Luke routinely argues motions and represents clients at trial in the state and federal courts of both Pennsylvania and West Virginia, and before the American Arbitration Association.
A partner in Porter Wright Morris & Arthur, LLP’s Pittsburgh office, Jeremy Mercer is an experienced commercial litigator who, for more than a decade, has focused on energy, with an emphasis on oil and gas litigation. His extensive experience in the shale and hydraulic fracturing arena spans the Commonwealth of Pennsylvania and includes work in administrative proceedings, state trial and appellate courts, and federal trial and appellate courts. Over the course of that decade-plus of work, Jeremy has faced many issues of first impression as the Marcellus and Utica booms have required Pennsylvania courts to address issues never before faced in the Commonwealth. For example, he represented a major E&P operator in the trial and appellate courts securing a decision that a lease’s shut-in clause did not require a well to be capable of producing without further work in order to be considered “shut-in” and maintain the lease. He also was part of the team that secured a first-in-the-nation decision that hydraulic fracturing is not an inherently dangerous activity.
Kara Herrnstein meets the litigation and appellate needs of a wide range of clients, including producers, pipeline companies and industry groups. Throughout her career, she has assisted her clients in their efforts to build Ohio into a major mineral-producing state. She regularly litigates a variety of energy issues, including oil and gas disputes, mineral rights disputes and pipeline infrastructure disputes.
Greg Krock is an accomplished litigator in the Pittsburgh office of McGuireWoods LLP. Greg represents clients in complex matters involving the oil and gas, electric utilities, coal, and commodity trading industries. Greg is well known in the energy market for his expertise litigating disputes that occur throughout the lifecycle of oil and gas production, from access to mineral rights to supply contracts. For example, Greg has litigated lease disputes with landowners, bad faith pooling cases, toxic tort claims involving hydraulic fracturing, multi–million dollar contract disputes between drilling companies and their contractors, royalty disputes, unfair competition claims against natural gas service providers, and a myriad of disputes involving the construction of natural gas pipelines.
Lucian T. Pera is a partner with the Memphis, Tennessee, office of Adams and Reese LLP. His practice includes civil trial work, including commercial litigation and media law, and he counsels and represents lawyers, law firms, and others on questions of legal ethics and the professional responsibility of lawyers. A Memphis native, he is a graduate of Princeton University and Vanderbilt University School of Law and served as a law clerk for U.S. Court of Appeals for the Sixth Circuit Harry W. Wellford. Pera joined Adams and Reese in 2006 to help open the firm’s Memphis office, after practicing law for 20 years with Armstrong Allen, PLLC.
Pera has served as president of the Association of Professional Responsibility Lawyers (APRL), the national membership organization of lawyers who work in the legal ethics arena. He has chaired and served as a member of the editorial board of the ABA/BNA Lawyers’ Manual on Professional Conduct. He has chaired ethics committees for the ABA Section of Business Law and the Media Law Resource Center Defense Counsel Section. He recently completed a three-year term as chair of the governing board of the ABA Center for Professional Responsibility. He currently serves as President of the Tennessee Coalition for Open Government.
He is a member of the American Law Institute, the American Bar Foundation, and is recognized in The Best Lawyers in America in the areas of First Amendment Law, Ethics and Professional Responsibility Law, Commercial Litigation, Health Care Law, and Legal Malpractice Law.
Pera is a former American Bar Association Treasurer and has served on the ABA Board of Governors and Executive Committee. With the exception of three years in the late 1990s, he has been a member of the ABA House of Delegates since 1991. He is also a past President of the Tennessee Bar Association.
Shawn Morgan focuses on resolving crises for clients in the areas of cybersecurity, complex civil litigation, internal investigations, white collar defense, and government compliance. A trial lawyer at heart, she has significant experience in the courtroom, having tried dozens of cases for clients and arguing several matters on appeal. Shawn has tried more than 30 cases to verdict in state and federal courts, including those involving white collar crimes, drug and violent crimes, and the defense of professional malpractice claims. Prior to joining Steptoe & Johnson PLLC in 2015, she had a lengthy career in public service: 13 years as a federal prosecutor at the U.S. Attorney’s Office in the Northern District of West Virginia, preceded by four years as a judicial law clerk to the Honorable Irene M. Keeley. She is experienced in handling government and regulatory investigations, and she frequently advises clients concerning Grand Jury and administrative subpoena responses. She investigated cybersecurity breaches while a prosecutor; now, while leading the firm’s Cybersecurity Team, she assists clients in cybersecurity planning, responding to data security incidents, and making necessary notifications. Beyond her work with clients, within Steptoe & Johnson, Shawn is a respected and sought-after colleague and serves on the firm’s Emergency Response Team, as its Privacy & Security Officer and is the Office Managing Member of the firm’s Bridgeport, West Virginia office.
The former Solicitor General of West Virginia, Elbert Lin co-chairs the Issues and Appeals practice at Hunton Andrews Kurth LLP. Elbert has been on the front lines of many precedent-setting cases in appellate courts across the country, having argued forty appeals, including in the U.S. Supreme Court.
During his more than four years on the West Virginia Attorney General’s senior staff, Elbert oversaw all civil and criminal appeals, managed all legal issues and litigation involving the federal government, and supervised nearly fifty Attorney General opinions. Before that role, Elbert was a partner at Wiley Rein LLP in Washington, DC, and a trial attorney with the U.S. Department of Justice, where he primarily litigated suits involving the constitutionality of federal laws and challenges to federal agency action. He also clerked for U.S. Supreme Court Justice Clarence Thomas, U.S. Court of Appeals Judge William H. Pryor Jr., and Senior U.S. District Judge Robert E. Keeton.
A magna cum laude graduate of Yale University and Managing Editor of the Yale Law Journal at Yale Law School, Elbert is an elected member of the American Law Institute, a fellow of the American Academy of Appellate Lawyers, and a public member of the Administrative Conference of the United States. He has been recognized by the National Law Journal as a “Litigation Trailblazer,” Benchmark Litigation as a Future Star, Virginia Business magazine as among the Legal Elite for Appellate Law, the State Journal as one of West Virginia’s 40 under 40, and the Asian Pacific American Bar Association of the Greater Washington DC area as a “Rising Star.” Under his leadership, the Issues and Appeals practice at Hunton Andrews Kurth was named to the National Law Journal “Appellate Hot List” in 2019 and 2020.
Elbert lives in Richmond, Virginia, with his wife and three sons.
Reid is a practical, results-oriented attorney with significant business background and over 15 years of creative problem-solving experience in corporate matters. He acts as outside general counsel to public and private companies and their boards of directors in connection with general corporate governance and compliance, board and stockholder meetings, stockholder activism and engagement, shareholder proposal and proxy matters, corporate minutes, stock option plans and restricted stock agreements, poison pill plans, employment agreements, license agreements, joint venture agreements, consulting agreements and indemnification agreements.
Reid has significant experience representing corporate issuers and underwriters in securities transactions that include registered public equity and debt financings (IPO, primary debt, follow-on, shelf, debt exchange offers), PIPE transactions, and traditional private placements. He also counsels and represents public companies in connection with initial and continued listing on NASDAQ and NYSE and regulatory compliance, including reviewing, drafting, and filing required periodic filings (10-K, 10-Q, 8-K and Proxy Statements) and beneficial ownership statements under the Securities Exchange Act of 1934 (Schedules 13D and 13G; Forms 3, 4 and 5).
In addition, Reid has a long track record advising clients on communications law issues with a particular emphasis on noncommercial broadcasters. He handles a full range of FCC regulatory, transactional and related business issues for his clients in this area, which include nonprofit media companies, public broadcasters and those engaged in educational telecommunications.
Lisë Stewart is Partner-in-Charge of the Center for Individual and Organizational Performance and the Center for Family Business Excellence Group, as well as a leader of the firm’s Environmental, Social and Governance Services (“ESG”) practice. She has more than 25 years of experience in organizational development, strategic planning and training, and human performance management.
A popular and nationally recognized speaker, Lisë is recognized for her advocacy and training for privately held businesses. She regularly speaks on family business issues, corporate social responsibility (“CSR”) and ESG best practices. She offers case studies, humor and practical, no-nonsense advice to make her information accessible and realistic for clients and participants. Additionally, she is the author of numerous articles on organizational and individual effectiveness, and business sustainability.
Prior to joining the firm, Lisë was the Founder and President of Galliard International, the largest provider of transition services for small businesses in the country. In 2014, she founded the Galliard Family Business Advisor Institute, a non-profit membership organization for those interested in supporting and saving family owned companies in their local communities.
Lisë holds certifications from various organizational development institutions, including the Gestalt Institute’s Certification in Professional Coaching and attainment of Professional Level Certification through the International Coach Federation.
Lisë has been named one of the “Best 50 Women in Business” by NJBiz and a Top 25 Leading Women Intrapreneur by The Leading Women Entrepreneurs LLC.
CHRISTOPHER RIMKUS is currently Assistant General Counsel, Gathering and Processing, at MPLX, L.P., a leading provider of midstream services in the natural gas industry, located in Denver, Colorado with operations in the most productive natural gas basins in the country. Chris has focused his career on the energy industry, working in all phases of the product chain, from exploration and production legal issues all the way through downstream refining and fuels marketing matters. He started his career at ExxonMobil where he spent nine years. He has been at MPLX since 2009, starting at MarkWest Energy Partners, which was later merged into MPLX in 2015. His responsibilities range from business development and operations to the oversight of permitting and environmental compliance. Chris enjoys a developing relationships with the companies, landowners and the communities in which MarkWest operates.
Chris, his wife Christy and their children reside in Denver, Colorado.
Travis Gery is a counsel in the Harrisburg office of K&L Gates LLP. He is a member of the firm’s global Investigations, Enforcement and White Collar practice group. His practice focuses on government investigations, internal investigations, white-collar defense, corporate compliance, and counseling corporations and individuals responding to government investigations. He also litigates complex matters in federal and state court as well as before various administrative tribunals. He previously served as an Assistant United States Attorney, a Deputy Attorney General in the Pennsylvania Office of Attorney General, and a Chief Deputy District Attorney.
Mr. Gery previously served as the Executive Director and Counsel to the PA Senate Consumer Protection and Professional Licensure committee. Prior to his role in the Senate, the Governor appointed and the Senate confirmed Mr. Gery to serve as Commissioner of Professional and Occupational Affairs. Prior to his appoint as Commissioner, he served as the Executive Deputy Chief Counsel of the Commonwealth’s Bureau of Professional and Occupational Affairs. As Executive Deputy Chief Counsel, Mr. Gery supervised and directed a staff of 53 attorneys and was responsible for the investigations and prosecutions of professional licensees for violations of the various practice acts and regulations.
As an Assistant United States Attorney, working with agents of the FBI, DEA, Secret Service, and other federal and state law enforcement agencies, he directed the investigations and prosecutions of individuals and organizations engaged in criminal activity including drug trafficking and money laundering. As a Deputy Attorney General in the Asset Forfeiture and Money Laundering section, Mr. Gery worked with both federal and state law enforcement agencies investigating and prosecuting individuals and organizations engaged in complex criminal activity. He also provided training to the PA State Police, agents of the Office of Attorney General’s Bureau of Narcotics Investigations, and local police on conducting money laundering and other complex investigations. As a Chief Deputy District Attorney, Mr. Gery was in charge of the multi-agency Drug Task Force and the Auto-theft and Insurance Fraud Task Force.
As a former AUSA, DAG, and CDDA, Mr. Gery has extensive grand jury and trial experience. He has tried over 75 cases to verdict in both state and federal courts.
Mr. Gery served as a Judge Advocate in the United States Navy for 28 years (3 years on active duty followed by 25 years in the selected reserve) and retired with the rank of Commander. He was awarded the Meritorious Service Medal (3), the Navy Commendation Medal (3), and the Navy and Marine Corp Achievement Medal (3).
Kristin serves as Assistant State Geologist of the Pennsylvania Geological Survey and manages the Survey's Economic Geology Division, comprised of staff in the Petroleum and Subsurface Geology (Pittsburgh) and Mineral Resource Analysis (Middletown) sections. Kristin has worked as a petroleum geologist for the Survey since 2001 and is acknowledged as a Certified Petroleum Geologist by the American Association of Petroleum Geologists.
During Kristin’s twenty-year tenure with the commonwealth, her research efforts have involved oil, gas and storage reservoir characterization, subsurface stratigraphy and carbon capture utilization and storage (CCUS) applications. Currently, she serves as Primary Investigator for the Survey’s work on the Midwestern Regional Carbon Initiative (MRCI) Project, as well Pennsylvania’s involvement in previous related efforts (Midwest Regional Carbon Sequestration Partnership and the Mid-Atlantic U.S. Offshore Carbon Storage Resource Assessment Project). In addition, Kristin manages the Survey’s Exploration and Development Well Information Network (EDWIN), the commonwealth’s database of more than 180,000 oil and gas wells of record. EDWIN was named in honor of “Colonel” Edwin L. Drake, who struck oil in Titusville on August 27, 1859.
Kristin leads Pennsylvania’s CCUS Inter-Agency Work Group of technical, regulatory and policy professionals from the Department of Conservation and Natural Resources, Department of Community and Economic Development and Department of Environmental Protection. The work group was established by the Wolf Administration in October 2019 to develop integrated approaches that support emerging CCUS projects supportive of both the commonwealth’s climate mitigation goals and economic development needs.
Prior to joining the Survey, Kristin worked for nine years in the private sector as a consulting hydrogeologist, managing projects throughout the Appalachian region. Kristin holds a Master of Science degree in Geological Sciences from Lehigh University (Bethlehem, PA) and a Bachelor of Science degree in Geology/Environmental Science (double major) from Allegheny College (Meadville, PA).
Freddy has been with Enbridge for over 15 years and currently holds the position of Technical Manager, in Enbridge’s Gas Transmission and Midstream’s (“GTM”) Market Innovation group. Market Innovation is responsible for GTM’s GHG emission reductions, incorporating renewable energy into its operations, and identifying new opportunities to leverage GTM’s assets. Freddy’s breadth and depth of experience includes sustainability, electric power (fossil fuel and renewable energy), natural gas and refinery/petrochemical industries from positions in construction, engineering, project management, project development and business development. His education background includes a Bachelor of Science in Mechanical Engineering and a Masters of Business Administration with concentrations in Finance and International Business. Freddy is also a registered Professional Engineer in the State of Texas.
Joe is a partner in the Charleston, West Virginia office of Frost Brown Todd, LLC, where he is an ember of the Business Litigation Practice Group and the Energy Industry Team. From 2005 to 007, Joe served as then-Governor Joe Manchin’s chief legal and policy advisor on energy and utility matters in his capacity as Deputy General Counsel and was the Governor’s designee on the West Virginia Public Energy Authority.
Today, Joe maintains a diverse commercial litigation and appellate practice and also advises clients on regulatory and government relations matters as a principal of Frost Brown Todd’s public affairs subsidiary, CivicPoint. In his litigation practice, Joe represents companies in state and federal courts in a wide array of matters, including contract disputes, construction litigation, class action litigation, and employment and workplace injury actions. Joe’s construction litigation experience spans the oil and gas, renewable energy, and commercial real estate industries.
In his regulatory practice, Joe combines his litigation skills with his government experience to advise and represent clients before various federal and state agencies, including the West Virginia Department of Environmental Protection, West Virginia State Tax Department, West Virginia Public Service Commission, Federal Energy Regulatory Commission, and Federal Communications Commission. In his government relations practice, Joe lobbies the West Virginia Legislature and executive branch officials on behalf of clients in various fields, including the natural gas, utility, health care, pharmaceutical and gaming and entertainment industries.
Joe is a 2002 graduate of The Catholic University of America Columbus School of Law and he obtained his B.A. from Georgetown University in 1997. Joe is admitted to practice law in West Virginia, Maryland, and the District of Columbia.
As Director of Government Relations for Ascent Resources, Ms. Finn is the liaison to local, state, and federal officials on issues affecting not only Ascent but the industry as a whole. Assisting with legislative initiatives and bill creation Ms. Finn is a registered lobbyist in Ohio and West Virginia.
Ms. Finn also handles all landowner relations for Ohio which is part of creating a corporate/local relationship structure within their operating counties.
Previously Ms. Finn worked as Government Relations Manager for Magnum Hunter Resources, Eureka Midstream, and GreenHunter Resources, where she also handled all local, state, and federal issues affecting all three companies. After years of working closely with a Congressman on the Energy and Commerce Committee, Ms. Finn brings with her the experience and exposure that is necessary to be an effective advocate to the oil and gas industry. Counterpoint to her government relations reach is her community relations experience. An Ohio native, an active volunteer for local political campaigns, Officer of the Ohio Oil and Gas Association (OOGA), Chair of the Government Affairs Committee for OOGA, active member in several OOGA committees, AXPC member and a member of local volunteer organizations, Ms. Finn’s community involvement plays a critical role in the relevancy of her understanding of the issues for the industry.
Ms. Finn has a background in Marketing and Business Development and graduated with a Bachelor of Arts in Marketing from Lindenwood University in St. Charles, Missouri.
Nils served until 2019 as Director of the Federal Energy Regulatory Commission’s Office of Administrative Litigation with responsibility for oil, natural gas, and electric matters set for hearing by the Commission. Those cases often involved complex issues at the forefront of regulation.
Prior to that, Nils was Director of the Division of Pipeline Regulation in FERC’s Office of Energy Market Regulation with responsibility for oil and natural gas pipeline rate and tariff issues. He oversaw a periodic review of natural gas pipeline rates, participated in the development of new Commission regulations and policies, worked with a White House Task Force to address regional propane shortages, and testified before Congress on propane shortages.
Earlier in his FERC career, Nils served as legal advisor to Chairman Joseph Kelliher and prior to that as legal advisor to Chairman James Hoecker, In those roles, Nils advised the Chairmen on natural gas rate and tariff matters, natural gas pipeline certificate issues (including landowner and eminent domain issues), oil pipeline rate and tariff issues, and hydroelectric licensing. He participated extensively in the development of new Commission policies, including significant regulatory changes resulting from adoption of the Energy Policy Act of 2005.
As a member of the Commission’s Office of General Counsel in his early years at FERC, Nils served as the lead attorney on many significant environmental matters and dealt extensively with landowner and eminent domain issues in the interstate natural gas pipeline context. He played a central role in developing the Commission’s Certificate Policy Statement that provides the framework for licensing interstate natural gas pipelines.
Nils began his legal career as a clerk with the West Virginia Supreme Court of Appeals and was a partner in Conner and Wetterhahn, PC in Washington, DC with a focus on power plant licensing and environmental matters.
As a West Virginia native and landowner, Nils also created and managed a large landowner group that leased natural gas rights in the Marcellus Shale to a private equity portfolio company. Successfully addressing landowner issues was an important part of that effort. Nils currently advises entities and landowners on various energy matters, including land use.
Monté Williams practices out of Steptoe & Johnson’s Morgantown, WV office. He is the General Litigation Practice Group Leader, head of the firm’s Oil & Gas Emergency Response Team, a member of the firm's Coal Emergency Response Team, and Chair of it Diversity, Equity & Inclusion Committee. His practice includes matters involving energy disputes; police liability; state, county, or municipal liability; contract disputes; medical malpractice; first and third party bad faith; personal injury; products liability; and premises liability.
Luke is a member of the Financial Industry Group, practicing in the area of Restructuring & Insolvency. Luke's practice is focused on representing indenture trustees, financial institutions, lessors, utilities, other secured and unsecured creditors, and corporate debtors in bankruptcy cases and nonjudicial restructurings throughout the United States. Luke regularly defends creditors in bankruptcy-related contested matters and adversary proceedings, including preference and fraudulent transfer litigation and stay violation proceedings. Luke also advises counterparties to financial contracts entitled to safe harbor protections under the Bankruptcy Code.
| Availability | Module Title | Speaker | Credits | Course Type | Duration | Course Details | |||||||||||||||||||||||||||||||||||||||||||
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| At the time of purchase |
Energy Issues at the U.S. Supreme Court
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Elbert Lin
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N/A | On Demand | 30 Minutes | More info » | |||||||||||||||||||||||||||||||||||||||||||
| At the time of purchase |
How ESG is Influencing Day-to-Day Operations in Energy Sector Companies
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F. Reid Avett,
Lisë Stewart
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N/A | On Demand | 60 Minutes | More info » | |||||||||||||||||||||||||||||||||||||||||||
| At the time of purchase |
In-House Counsel Panel
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Christopher Rimkus
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N/A | On Demand | 60 Minutes | More info » | |||||||||||||||||||||||||||||||||||||||||||
| At the time of purchase |
Too Hot to Handle: What Lawyers Should Do with Documents and Things Somebody Will Think They Shouldn’t Have
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Lucian Pera
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N/A | On Demand | 60 Minutes | More info » | |||||||||||||||||||||||||||||||||||||||||||
| At the time of purchase |
Enforcement Rising: Considerations for Companies Facing Increased Scrutiny from State Attorneys General
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Travis Gery
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N/A | On Demand | 30 Minutes | More info » | |||||||||||||||||||||||||||||||||||||||||||
| At the time of purchase |
Round-up of Recent Royalty Decisions
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Jeremy Mercer
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N/A | On Demand | 30 Minutes | More info » | |||||||||||||||||||||||||||||||||||||||||||
| At the time of purchase |
Midstream Litigation Update: Recent Litigation Affecting the Midstream Sector
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Gregory Krock
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N/A | On Demand | 30 Minutes | More info » | |||||||||||||||||||||||||||||||||||||||||||
| At the time of purchase |
Updates on CCUS from the Commercial and Governmental Angles
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Kristin Carter
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N/A | On Demand | 60 Minutes | More info » | |||||||||||||||||||||||||||||||||||||||||||
| At the time of purchase |
A Greener Shale Patch
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Kara Herrnstein,
Freddy Sanches
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N/A | On Demand | 45 Minutes | More info » | |||||||||||||||||||||||||||||||||||||||||||
| At the time of purchase |
Continuing Changes for the Industry: An Appalachia Regulatory and Legislative Update
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Joseph Ward,
Amanda Finn
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N/A | On Demand | 45 Minutes | More info » | |||||||||||||||||||||||||||||||||||||||||||
| At the time of purchase |
FERC Landowner Update
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Nils Nichols
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N/A | On Demand | 45 Minutes | More info » | |||||||||||||||||||||||||||||||||||||||||||
| At the time of purchase |
Cybersecurity in the Energy Industry: How Prepared Is Your Business for the Impact of Ransomware?
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Shawn Morgan,
Monte Williams
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N/A | On Demand | 45 Minutes | More info » | |||||||||||||||||||||||||||||||||||||||||||
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What Every Litigator Needs to Know About Bankruptcy
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Lucas Liben,
Luke Sizemore
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N/A | On Demand | 45 Minutes | More info » | |||||||||||||||||||||||||||||||||||||||||||
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