Brent Blackstock PLCBrent Blackstock PLC2026-05-26T02:44:11Zhttps://www.brentblackstock.com/feed/atom/WordPress/wp-content/uploads/sites/1503614/2023/07/cropped-BB_FAV-32x32.pngOn Behalf of Brent Blackstock PLC<![CDATA[Could your employees lead you into an IP dispute?]]>https://www.brentblackstock.com/?p=475452026-05-26T02:44:11Z2026-05-26T02:38:18Z Intellectual property woes can happen to a business from an unlikely source: their own employees may misuse intellectual property that…]]> If they were privy to intellectual property at their old firm, there is a chance they might bring some of it into their work with you.This does not have to be deliberate. They do not have to set out to steal from their old employer, and sometimes it can be hard to remember where they learned a particular thing or first saw a particular idea. It might even have been they who originally came up with the IP while they were working for that other business.Still, if their former employer considers that intellectual property valuable, they may well move to challenge your use of it, especially if they have already put legal protections in place on it.
Freely taking from elsewhere
Another way that employees can land their employers in an intellectual property dispute is simply taking things they find on the internet. Many an employee, tasked with writing a blog, populating the website with images or setting something to music, has scoured the internet for material and downloaded it without ever getting permission. Sometimes that is allowable, but sometimes it is not, and the owner may be keenly watching for anyone using their material without their permission.Even though these breaches might be entirely your employees’ doing, your company could be held liable for their actions. While you can reduce the risk of such problems by having clear policies on intellectual property use that you ensure all employees are aware of and understand, things can slip through. If you find yourself on the end of a complaint or litigation, it’s best to seek legal guidance to resolve the matter.]]>On Behalf of Brent Blackstock PLC<![CDATA[Lack of a partnership agreement increases dispute odds]]>https://www.brentblackstock.com/?p=475432026-05-14T09:21:34Z2026-05-14T09:21:34ZPartnership disputes can bring about complex litigation. Business partners may find themselves at odds regarding their roles and responsibilities, or there may be financial conflicts. One business partner may want to exit the partnership entirely, or there could be claims that one party has financially harmed the business.
In some cases, these types of disputes and disagreements can be avoided simply by creating a partnership agreement in advance. This is a type of contract that can be established when the partnership begins.
Defining terms and addressing conflict
The advantage of a partnership agreement is that many of these conflicts can be addressed upfront, or terms can be clearly defined so that all parties are on the same page.For instance, litigation sometimes arises over ownership percentages. If there is just a verbal agreement, one partner may assume that they own 50% of the business while the other person considers themselves the majority owner and believes they have the unilateral authority to make important business decisions on their own.Simply by drafting a partnership agreement up front, the partners are forced to discuss important things like financial responsibilities, division of revenue and the division of ownership shares.Of course, some disputes are still possible. But even then, having a written agreement can help as both parties seek a resolution, whereas handshake deals and oral agreements can be very hard to enforce.
Addressing partnership issues
Partnerships can be very profitable and successful, but they do create the potential for litigation. It is important for business partners to understand all of their legal options when disputes arise.
]]>On Behalf of Brent Blackstock PLC<![CDATA[Can you be sued for environmental damage you didn’t cause?]]>https://www.brentblackstock.com/?p=475412026-05-05T15:40:08Z2026-05-05T15:40:08ZWhere environmental liability can come from
Laws such as the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) allow regulators and private parties to hold certain parties responsible for cleanup costs, even if they did not cause the contamination. The law recognizes several categories of potentially responsible parties:
Current owners of contaminated property
Past owners who held the property when contamination occurred
Operators who controlled activities at the site
Parties who arranged for disposal of hazardous materials
In practice, parties often name multiple defendants in the same dispute and divide responsibility based on facts that may date back years.
Factors that influence environmental liability
Certain factors often shape how environmental liability develops in a transaction or dispute. These considerations influence how parties evaluate and assign risk:
Extent of prior industrial or commercial use of the property
Level of control a party exercises over site operations
Language used to allocate risk in transaction documents
Timing of when contamination is identified
Each factor helps determine which parties the law holds responsible and how disputes develop. In many cases, these details drive the outcome more than any single clear cause of the contamination.
What this means when a claim arises
If an environmental issue surfaces, the case does not stay limited to who caused it. The law may draw in multiple parties tied to the property or operations, even if their involvement came later.
Parties often share responsibility, and they focus disputes on how to divide cleanup costs. It helps to recognize that exposure may extend beyond fault and depend on how parties allocate responsibility.
]]>On Behalf of Brent Blackstock PLC<![CDATA[Holding an executive accountable for self-dealing]]>https://www.brentblackstock.com/?p=475402026-04-25T22:03:51Z2026-04-25T22:03:51ZWhat might constitute self-dealing?
Self-dealing involves making business decisions for personal profit, often funneled through another business. If an executive has a small business or professional practice, self-dealing might involve awarding contracts to their own company. Other times, they might offer major projects or contracts to a company owned by a family member.
A partial ownership interest or investment in an outside organization could also prompt conduct similar to self-dealing. Whenever executives make key company decisions for their own benefit instead of for the company's, their actions can cost the organization money. Putting personal interest ahead of the organization is a breach of fiduciary duty that may even warrant an executive’s removal from their role.
Reviewing questionable contracts or financial activity with a skilled legal team can help those who suspect a breach of fiduciary duty to take appropriate action. A business lawsuit is sometimes the best option available for addressing misconduct from those running an organization.]]>On Behalf of Brent Blackstock PLC<![CDATA[Why should mineral owners pay attention to forced pooling?]]>https://www.brentblackstock.com/?p=475392026-04-10T08:08:06Z2026-04-10T08:08:06ZPeople who own mineral rights in Oklahoma are often faced with decisions about their land. One of these is how land should be developed, but this doesn’t always depend only on a single mineral rights owner.
The Oklahoma Corporation Commission has the option of issuing an order that brings together the interests of multiple owners within a specific drilling area. This enables drilling in the area to move forward even if all the landowners in the target area don’t consent. This doesn’t erase ownership rights. Instead, it prevents an unresolved interest from stopping development across the entire area.
How does forced pooling work?
Forced pooling usually begins after a company tries to reach a voluntary agreement with the owners in the target area. If some owners are willing to sign but others are skeptical about the agreement, the company can ask the Commission for a pooling order. The pooling order can set available options for those who didn’t sign the agreement. This can include things like royalties and cash bonuses. It also discusses alternative royalty structures and participation in the costs of drilling. The process has strict deadlines, so owners only have a limited time to respond when they receive notice of the pooling. If an owner doesn’t respond, it will be treated as if they accepted the default option. Forced pooling is often misunderstood, but it’s a state-authorized regulatory tool that all mineral rights owners should review. Anyone who’s approached with a lease proposal or forced pooling order should ensure they work with someone familiar with these matters so they can ensure they understand their rights and responsibilities. ]]>On Behalf of Brent Blackstock PLC<![CDATA[Did an oil or gas well issue affect groundwater or kill crops?]]>https://www.brentblackstock.com/?p=475382026-03-24T19:04:17Z2026-03-24T19:04:17ZNegligence is actionable
Generally speaking, well-managed oil and gas operations should have a minimal environmental impact. Unfortunately, mistakes regarding storage, chemical use and transportation to and from off-road facilities can lead to spills and similar issues that have devastating environmental consequences.
Provided that property owners can show that the company was negligent or that individual employees engaged in negligent conduct, property owners can theoretically take legal action seeking to hold oil and gas well operators responsible for remediation costs or the negative impact that damage to the soil or groundwater at a property might have on the value of the property.
Reviewing the terms of the initial lease and the damage to the property related to oil and gas while operation can help frustrated property owners understand their options. Oil and gas companies are liable for the standard consequences of oil and gas well operation, but they may be liable in cases involving verifiable negligence.]]>On Behalf of Brent Blackstock PLC<![CDATA[When a property owner denies oil and gas well operator access]]>https://www.brentblackstock.com/?p=475372026-05-08T12:22:52Z2026-03-13T13:02:41ZPursuing an easement
Frequently, oil and gas leases may include a requirement to provide an easement. If the company has not already secured an easement that officially protects access rights, pursuing an easement may be the best option when an owner refuses to grant access to private property. Easements can allow for the installation of access routes and protect the ability to cross private property.
Filing a lawsuit
In cases where there is already an easement in place or the original lease provides clear terms guaranteeing the right of access, a lawsuit may be necessary to enforce the agreement and hold the property owner accountable for failing to uphold their contractual obligations.
Judges can mandate compliance with an easement or access provisions included in a lease. They can also theoretically award damages to the company due to the economic impact of delayed access.
Seeking strong legal guidance and support when navigating disputes with individual property owners can help oil and gas companies avoid common pitfalls. Thorough contracts, regular communication and appropriate legal action can all limit the possibility of harm caused by non-compliant landowners.]]>On Behalf of Brent Blackstock PLC<![CDATA[Can minority shareholders stop a major corporate decision?]]>https://www.brentblackstock.com/?p=475362026-03-10T14:55:49Z2026-03-10T14:55:49ZYou built your company from the ground up. Over time, minority shareholders became part of the business. Their presence can be valuable, but it can also raise questions about control.
Understanding their rights in Oklahoma is important. Knowing what they can and cannot do also helps you plan and protect the decisions that matter most.
How shareholder rights work in Oklahoma
Oklahoma law gives shareholders basic rights, but it usually does not allow minority owners to stop decisions. Their voting power may depend on the shares they have and any agreements in place.In some cases, minority shareholders can affect decisions if your bylaws or charter include supermajority rules or class voting. This usually happens during mergers, dissolutions or changes to articles of incorporation. However, these rules need more than a simple majority, even if theyare added by accident.The board makes most important operational decisions. Shareholders cannot block these decisions just by voting no. However, they can sometimes challenge board actions through fiduciary duty claims. They may also claim oppression that can present as squeeze-outs and withheld distributions.When you have clear bylaws and shareholder agreements, you can maintain control and reduce business disputes.
What you can do to maintain control
Majority owners often use clear corporate setup and agreements to protect their control. This may include:
Setting up voting classes and shares to keep control with majority owners
Limiting supermajority or veto rights to certain actions
Using shareholder agreements to clarify which decisions need their approval
Being a majority owner comes with responsibility and control. Regularly reviewing your corporate documents with legal counsel may help keep your company on track as you move through big decisions for your company.Minority shareholders have rights under the law. Yet, what you do can reduce the chance they can stop major decisions. Strong governance helps your company move forward and keep the balance between shareholder rights and control.]]>On Behalf of Brent Blackstock PLC<![CDATA[3 common reasons for suspended oil and gas lease funds]]>https://www.brentblackstock.com/?p=475352026-02-26T19:43:41Z2026-02-26T19:43:41ZThe purpose of an oil and gas lease is to allow a property owner to generate revenue by leasing their mineral rights to a business. When the lease proceeds with minimal issues, the arrangement can be beneficial for everyone involved.
Unfortunately, sometimes property owners with oil and gas leases find themselves facing suspended funds, meaning they do not receive payments as promised in the initial lease documents. Understanding the most common causes of suspended funds can help property owners recognize when they may need support correcting issues to receive the payments they deserve.
1. Title disputes
Occasionally, oil and gas companies or property owners negotiating releases do not do adequate title research. There may then be questions regarding the ownership of the property or who actually holds mineral rights for the land. The company with the lease may suspend payment until the resolution of the title dispute.
2. Substandard production
Domestic oil and gas wells produce millions of barrels daily. However, production rates at individual properties vary drastically. If the production at a property is far lower than the oil and gas company anticipated, a reduction or delay in payment could occur.
3. Address changes
Holding mineral rights for property does not necessarily mean that an individual lives there. Suspended funds could be the result of confusion regarding an individual's living or mailing address. The company may have issued a payment, but the mineral rights holder may not have received the check as promised. Partnering with an experienced attorney can help those who own mineral rights address suspended funds and ensure that their oil and gas leases remain profitable. Property owners who have not received payments as outlined in their leases may need assistance holding oil and gas companies accountable.]]>On Behalf of Brent Blackstock PLC<![CDATA[3 key elements of a contract breach claim]]>https://www.brentblackstock.com/?p=475242026-02-09T09:09:07Z2026-02-09T09:09:07ZCommercial litigation often revolves around a breach of contract. This could be a contract between two separate business entities, such as a general contractor and a subcontractor or a manufacturer and a parts and material supplier.
In order to show that a contract was actually breached and move forward with a claim, three elements typically need to be demonstrated.
The contract was valid
First and foremost, there needs to be a valid contract between both parties. This is why it is generally best to get all contractual documentation in writing so that there is a clear record of what has been agreed to by both sides. A verbal or handshake contract is far more problematic and difficult to prove.
Performance issues
Next, it has to be shown that there was an issue with the performance by one party or the other. For instance, perhaps the material supplier did not make a delivery on time. On the other side of the equation, maybe the supplier alleges that they did make the delivery and were never paid as required by the contract.
Damages suffered
Finally, the party that upheld their side of the contract and did perform as required suffered damages due to the actions of the other. In other words, there was some legitimate form of financial harm that was caused by the breach. This is very clear with nonpayment issues, but can get more complex with other issues. If a shipment of supplies is late, for example, it can still cause financial harm because it impacts production for the party that received the supplies.If you find yourself involved in litigation over a breached contract, it is very important to understand all of the legal options you have at this time.]]>