Brent Blackstock PLCBrent Blackstock PLC2026-10-21T07:51:54Zhttps://www.brentblackstock.com/feed/atom/WordPress/wp-content/uploads/sites/1503614/2023/07/cropped-BB_FAV-32x32.pngOn Behalf of Brent Blackstock PLC<![CDATA[What operators should do during a temporary shut-in]]>https://www.brentblackstock.com/?p=476162026-10-21T07:51:54Z2026-10-21T07:51:54ZClarify why the well is shut in
Disputes often start when the shut-in reason looks unclear or inconsistent with the lease or pooling order. Oklahoma lease terms and pooling orders may treat lack of market differently than mechanical failure, scheduled maintenance or a safety event. Useful records often include:
Field notes showing the shut-in date and stated reason
Production data from before and during the shut-in
Vendor, inspection or repair reports tied to the event
Written communications with owners or partners about the shut-in
Together, these records help show that the shut-in was temporary, legitimate and consistent with the governing lease or pooling order.
Secure the site and record controls
Once operations pause, safety duties do not pause with them. OSHA publishes oil and gas safety guidance that covers hazard control, pressure management and worker protection. Operators should put a written plan in place before leaving the site.
The plan typically identifies who will inspect the location, who controls site access and who monitors pressure and fluid levels. Clear logs may help if a safety incident later leads to a dispute that grows into complex litigation.
Track notices, payments and royalty obligations
After the site is stable, business duties can drive the next set of conflicts. Depending on the lease, joint operating agreement and Oklahoma Corporation Commission (OCC) orders, operators may need to review notice requirements, payment obligations and shut-in royalty provisions.
Many operators maintain organized logs or checklists to track these decisions throughout the shut-in period. Complete records also help if timing or intent becomes contested in an OCC proceeding or civil suit.
Building a clear record from the start of a shut-in
Operators should document the shut-in reason, site controls and royalty payment decisions from day one. Those records generally build a stronger defense if the shut-in extends, the OCC takes interest or royalty owners and working interest partners raise concerns. Early records typically carry more weight than documentation operators add after a dispute emerges.]]>On Behalf of Brent Blackstock PLC<![CDATA[Can you enforce a noncompete agreement against former employees?]]>https://www.brentblackstock.com/?p=476122026-10-14T15:31:15Z2026-10-14T15:31:15ZWhat does the law say?
Oklahoma law typically treats agreements that restrain someone from exercising a lawful profession as void. Because of this rule, state courts generally refuse to enforce traditional noncompete agreements against former workers. However, state statutes allow you to use nonsolicitation covenants to protect your established customer base. Under these statutes, you can contract with employees to prohibit them from soliciting your active customers or hiring away your current staff. These rules aim to balance your commercial interests with a worker's right to earn a living in their chosen field.
What steps can you take to protect your company?
To protect your interests, you can focus on drafting narrow nonsolicitation clauses that target only your established clients. While agreements that prevent former employees from working in your entire industry usually violate state law, confidentiality and nondisclosure agreements usually create contractual obligations that help protect sensitive business information.
Separately, the Oklahoma Uniform Trade Secrets Act provides a statutory remedy if a former employee misappropriates qualifying trade secrets, regardless of whether a written agreement exists. Implementing robust security protocols for digital assets can also prevent unauthorized sharing of your data. Ultimately, these measures provide a solid shield without violating state restraint-of-trade rules.
How an attorney can help
An attorney experienced in commercial litigation can review your current employment contracts to ensure they follow state law. They can write clear agreements that protect your company legally. If a former worker steals trade secrets, an attorney can also help you figure out your legal options.]]>On Behalf of Brent Blackstock PLC<![CDATA[How do post-production deductions affect royalty checks?]]>https://www.brentblackstock.com/?p=475702026-09-25T19:01:14Z2026-09-25T19:01:14ZCommon types of post-production costs
Once operators extract oil or gas, they frequently deduct post-production costs incurred to convert the raw extraction into a product that is in marketable condition. The monthly royalty statements may reflect these expenses, typically appearing as:
Transportation fees for moving gas through pipelines
Compression costs to increase pressure for delivery
Processing fees to remove impurities from the stream
Marketing charges for finding third-party buyers
The specific language in a mineral lease usually decides whether an operator may legally pass these costs to the owner. Understanding these lease terms is vital for identifying potential payment errors.
Legal standards for Oklahoma royalty calculations
Oklahoma law follows the implied duty to market doctrine for calculating royalty payments. Under this doctrine, operators are required to bear expenses needed to turn raw gas into a sellable product unless the lease expressly provides otherwise. When disputes arise, courts generally examine whether the gas was in a marketable condition at the wellhead or required further processing by the operator before they could sell it.
How an attorney can help
A mineral owner who believes that an operator is underpaying them should review past data and check if anyone is violating their rights. An attorney experienced in oil and gas law can provide the clarity needed to resolve royalty concerns and fight for mineral owners' rights.]]>On Behalf of Brent Blackstock PLC<![CDATA[How to respond to Oklahoma well inspection violations]]>https://www.brentblackstock.com/?p=475672026-09-16T10:11:39Z2026-09-16T10:11:39ZRespond to the violation notice quickly
The time allowed to correct a violation can depend on the applicable OCC rule, the type of violation and the requirements stated in the inspection notice or other agency communication. Read the notice carefully and identify each cited violation and any deadline stated in the notice.
Review every violation and its stated deadline. Address any immediate safety or environmental hazards promptly while making sure each cited violation is corrected within the time required by the applicable notice or rule. Keep photos, repair invoices and updated maintenance logs for each correction.
Request a reinspection after corrections
After you finish the required fixes, contact the agency to ask for a follow-up inspection. A follow-up inspection may allow the agency to confirm that cited conditions have been corrected, but additional agency action or documentation may still be required.
Once you complete the required corrections, promptly determine whether the OCC requires or permits a follow-up inspection and follow the applicable process. Delays can slow the process and may create more problems if new issues come up. Before any follow-up inspection, check the site again to make sure you fixed all cited problems.
Document all compliance efforts
Keep a clear record of every step you take after the inspection. This can help if the agency takes further action or if someone later questions how you handled the issue. Notes, photos and repair records can all help show your response.
Organized records can also help with later compliance reviews. Organized files make it easier to show what you fixed and when.
Maintain compliance after the inspection
Fast action, clear records and a documented plan can help you manage an inspection failure more effectively. Because the rules can vary, it helps to understand the exact requirements before you make the next move.]]>On Behalf of Brent Blackstock PLC<![CDATA[3 Red flags that signal partner fraud in a company]]>https://www.brentblackstock.com/?p=475652026-08-31T14:22:28Z2026-08-31T14:22:28ZDiscovering that a business partner may steal money or hide company assets creates serious risk. Prompt legal action helps secure account records and protect business property before money disappears.
Unexplained adjustments to official financial records
Unexplained changes in financial logs often reveal internal theft. You may spot manual entries without supporting receipts, unexpected balance changes or altered payment logs. Business partners who steal often try to cover secret cash withdrawals with fake business costs.
When income reports do not match bank deposits, you need an immediate financial review. You must inspect all account records to catch hidden money transfers early.
Sudden resistance to routine internal accounting audits
Under state law, business co-owners have a right to inspect company files. A partner who refuses to share financial records violates these legal rights. Problem partners often use specific tactics to delay review:
Excuses about missing receipts or sales records
Direct changes to bank account passwords
Refusal to attend scheduled business meetings
Noticing these bad behaviors allows owners to demand financial files quickly. You can also ask a judge to order the protection of financial records before evidence gets destroyed.
Unusual payments made to unknown vendors or shell entities
Hidden money transfers often go to unfamiliar company accounts or fake businesses. A partner might create fake supplier accounts to steal money. They might also send company funds to personal accounts while calling those transfers service fees.
Reviewing monthly bank statements line by line helps catch fake payments. Doing this quickly helps locate missing funds before money leaves the state.
How to protect corporate assets during internal business disputes
When you spot partner misconduct, quick legal consultation helps review your legal choices under strict state deadlines. State rules often give business owners two years to file fraud claims. Early review with an experienced commercial litigation attorney helps protect your company assets, preserve proof and secure your business investments.
]]>On Behalf of Brent Blackstock PLC<![CDATA[What well operators should know about cross-boundary drilling]]>https://www.brentblackstock.com/?p=475642026-08-21T09:09:44Z2026-08-21T09:09:44ZOklahoma Corporation Commission (OCC) spacing and pooling orders define the scope of an operator's drilling authority in Oklahoma. But those rights have limits set by each agreement and state rules.
If a wellbore path crosses into land for which the operator does not have valid drilling rights, the operator may face claims for damages and injunctive relief. Serious disputes may result in civil litigation or OCC proceedings involving multiple parties.
Key legal questions in cross-boundary drilling disputes
Several legal questions often shape these cases:
Did the wellbore, lateral or hydraulic fracturing operation cross a boundary?
Did leases, assignments or pooling orders give valid drilling rights?
Did surveys, plats and well data support the operator's position?
Did produced oil and gas come from land outside the operator's rights?
Did surface and underground activities create separate damage claims?
Each question requires early review of the facts. Small errors in title or well path data can change a claim's value.
Risk control before operations start
Thorough operators treat boundary review as both a legal and technical priority. Legal counsel should review lease language, title chains, spacing orders and OCC filings. Engineers and surveyors should confirm that planned well paths align with current legal descriptions. Land teams should verify consents, elections and recorded instruments before operations begin.
When a concern comes up, quick action matters. A fast response can help limit exposure, protect relevant drilling records and maintain the operator's standing with working interest owners and neighboring lessees. Thorough pre-operation review can reduce the risk of disputes and strengthen an operator's position if a claim arises.
How preparation shapes an operator's position in a dispute
The groundwork for a successful defense is typically laid long before a dispute arises. Operators who review their lease titles, confirm OCC spacing and pooling status, and verify planned well paths before drilling begins are better positioned to respond quickly and with supporting documentation if a claim surfaces. In cross-boundary drilling cases, preparation is not just a best practice – it is often what allows an operator to respond quickly and with credible documentation when a claim arises.]]>On Behalf of Brent Blackstock PLC<![CDATA[Can mineral owners start drilling without your consent?]]>https://www.brentblackstock.com/?p=475572026-08-19T08:32:29Z2026-08-05T06:06:04ZWhat is due process?
Under Oklahoma law, a mineral owner may not commence operations on your land without notice. Furthermore, they are expected to negotiate with you in good faith to reach an agreement. During this negotiation, you can demand and secure compensation for any potential damage the operations may cause to your property, including structures like your home.
What if you two don’t reach a deal?
If both parties fail to reach an agreement, the mineral owner may continue with their operations after filing a petition to the Oklahoma federal district court for appointment of appraisers and posting the required financial security. The court usually appoints three disinterested appraisers who, upon evaluating the potential damages, will submit a detailed report to the court regarding the surface owner’s compensation for potential damages.
If a mineral owner willfully and knowingly commences operations without a statutory notice or filing a petition to the court, the surface owner becomes eligible for treble civil damages equal to three times the actual damages caused.
Protect your rights
Both surface and mineral owners are legally bound to follow established procedures; failure to do so can result in significant financial penalties. If you believe a mineral owner is acting unreasonably or bypassing legal requirements, consult an attorney experienced in oil and gas law to ensure they fully protect your property rights.]]>On Behalf of Brent Blackstock PLC<![CDATA[Why civil RICO claims are difficult to prove in business disputes]]>https://www.brentblackstock.com/?p=475552026-08-19T08:45:20Z2026-07-23T14:45:45ZA fraud dispute is not always a civil RICO claim
Business disputes can arise for many reasons, including broken promises, missed payments and disagreements among partners. While some corporate disputes involve deceptive behavior, not every act of fraud becomes a civil RICO claim.
Under the federal Racketeer Influenced and Corrupt Organizations Act (RICO), a civil RICO claim generally requires repeated unlawful conduct connected to an enterprise. A single incident or failed business deal may not meet these requirements.
What a civil RICO claim might require
A potential civil RICO claim may involve questions about:
Whether the alleged conduct involved repeated actions rather than one isolated event
Whether the actions were connected to an enterprise
Whether the business suffered harm because of the alleged conduct
These factors help separate complex fraud claims from ordinary business disagreements.
Proving a pattern of misconduct can be challenging
One challenge is showing that the alleged actions were part of a larger pattern. A single disagreement or transaction may be viewed differently from allegations involving repeated misrepresentations or coordinated misconduct over time.
The facts matter. Businesses should consider the nature of the conduct, the relationship between the parties and how the alleged actions occurred.
Business losses must be connected to the alleged conduct
Another issue is showing that the alleged misconduct directly caused business losses. Financial losses can happen for many reasons, including market changes, failed investments or other business challenges.
A civil RICO claim generally requires a direct link between the alleged misconduct and the business losses. Because these disputes often involve significant financial losses and complicated facts, they frequently become extended litigation.
What businesses should keep in mind
Civil RICO claims involve strict requirements that go beyond proving a business suffered financial harm. Businesses navigating a fraud-related dispute often benefit from closely examining whether the alleged conduct truly reflects a pattern connected to an enterprise, rather than an isolated business disagreement.]]>by Brent Blackstock PLC<![CDATA[Legal risks of buying property with oil and gas rights]]>https://www.brentblackstock.com/?p=475532026-08-19T08:32:48Z2026-07-08T21:03:42ZConfirm who owns the mineral rights before purchasing
A property may have oil and gas, but those rights may not be included in the sale. A past owner may still own the mineral rights and have the legal right to explore or produce them. A review of the chain of title and property deeds can show what rights the seller actually owns. An attorney can examine these records, identify ownership problems, explain their legal effect and help protect the property’s value before the purchase is complete.
What should buyers review beyond the property's title?
Many legal problems are found in the records, not on the property. Checking these records before closing can prevent expensive surprises later.
The most important records to review include:
Oil and gas leases: Find out if older leases are still in effect and give another party rights to the property.
Public records: Review Oklahoma Corporation Commission records, county records, well histories, permits and production reports for active or plugged wells, pooling orders, unpaid royalties or title concerns.
Environmental conditions: Check for abandoned wells or past drilling that could create cleanup costs or other legal concerns.
Reviewing these records with legal guidance before signing can uncover hidden risks, support informed decisions and help protect the investment.
Protect the purchase with strong contract terms and proper due diligence
A well-written contract can protect the investment before problems arise. It should clearly identify the mineral rights included, disclose any active leases and address title issues, liens, unpaid taxes or other legal claims that may affect the property.
The agreement should also include protections if ownership differs from what the seller promised or if hidden title defects appear after closing. A legal professional can review the contract, verify that it matches the title records and help strengthen its terms. Careful legal guidance throughout the process can also provide leverage to negotiate better terms or avoid signing if serious risks are found.
Value starts with clarity
Buying oil-rich property is often about purchasing legal rights as much as purchasing land. Understanding exactly what comes with the property before closing can help buyers avoid unexpected limitations, protect future opportunities and make more informed investment decisions.]]>On Behalf of Brent Blackstock PLC<![CDATA[How a company can enforce a restrictive covenant]]>https://www.brentblackstock.com/?p=475522026-06-30T01:17:45Z2026-06-30T01:17:45Zrestrictive covenants may avoid taking certain jobs, releasing non-public information or attempting to solicit customers for a different business. Businesses may have outside parties sign noncompete, nondisclosure or nonsolicitation agreements to protect the organization.
If an agreement is not enough of a deterrent to prevent misconduct, how can companies enforce restrictive covenants?
Filing a lawsuit may be necessary
Occasionally, sending formal notice about the violation of a restrictive covenant, possibly through a cease-and-desist letter, can be enough to halt unfair competition and other forms of misconduct. Other times, written notice alone does not stop a former employee or other outside party from continuing with questionable behaviors.
Filing a lawsuit requesting an injunction and possibly an award of damages is an appropriate response to a documented violation of a restrictive covenant. So long as there is evidence that one party made inappropriate disclosures, solicited former coworkers or clients, started a competing business or took a job with a direct competitor, it may be possible to uphold and enforce a restrictive covenant through business litigation.
A successful lawsuit can result in a court order prohibiting additional misconduct. The courts can also award financial damages in cases where the breach of a restrictive covenant has direct economic implications for a business.
Reviewing an original restrictive covenant and the alleged violation with a business litigation attorney can help executives and owners explore their options. While many contract enforcement lawsuits settle, filing a lawsuit is often necessary after the breach of a restrictive covenant.]]>