Library2018-09-25T20:44:03+00:00

Library

Because of our knowledge and experience our attorneys regularly write and speak on topics related to our areas of practice. Below is a list of some of our recent publications along with links to download the paper.

Publications & Presentations by Area:

Wind & Renewable Energy

Alan Cohen, Brittany Dadon, Byron Kentor and Greg Friend instructed a course entitled “Land Lease Agreements for Renewable Energy 101” on September 13-14, 2018 for EUCI.
Presentation Files:  File 1  |  File 2  |  File 3  |  File 4  |  File 5  |  File 6  |  File 7

Lisa Chavarria presented Solar Leases for Utility Scale Installations:  Legal Considerations for Developers on January 31, 2017 at the University of Texas School of Law’s 2017 Renewable Energy Law Conference. (Download Paper) (Download Presentation).

Greg Friend authored a paper entitled Sharing the Road:  Surface Project Development and Severed Estates published by the Oil, Gas and Energy Resources Law Section of the State Bar of Texas, Section Report Volume 41, Number 1 (Fall 2016) (Download Paper).

Greg Friend, David Sewell and Brent Stahl co-authored an article on Solar Energy Law and related Mineral Estate issues (Download Paper)

Strategies for Negotiating with EPC Contractors: Exclusive Remedies and Liquidated Damages
EPC contracts that provide for payment of schedule and performance liquidated damages typically include language limiting the owner’s remedies to liquidated damages. Alan Cohen’s latest paper offers strategies for owners in negotiating performance and schedule guarantees.

Greg Friend updated his paper entitled Put It Where the Sun Does Shine:  A Comparison of Wind and Solar Lease Provisions and Issues.  The paper was originally presented at the University of Texas School of Law’s 2011 Wind, Solar and Renewables Fundamentals conference, and was subsequently presented at the University of Texas School of Law’s 2012 Wind, Solar and Storage conference on February 14, 2012.  The paper examines the similarities and differences of wind and solar leasing arrangements.  (Download Paper).

Renewable Energy Leases for the Transactional Real Estate Lawyer, presented by Greg Friend at the 2011 Bernard O. Dow Leasing Institute, sponsored by the University of Texas School of Law, on September 14, 2011 (Austin) and October 12, 2011 (Dallas).  The paper provides an analysis of the main concepts and provisions in a renewable energy (wind and/or solar) lease, and provides suggested language for practitioners to utilize in such leasing situations.  (Download Paper).

Brent Stahl and Tom Davies co-authored and presented a paper on U.S. Army Corp of Engineer issues related to offshore wind energy development in Texas’ Gulf of Mexico state waters. (Download Paper)

David Sewell and Brent Stahl helped co-author an article on Solar Energy Law and related Mineral Estate issues, published in the Texas Journal of Oil, Gas & Energy Law (Volume 6, No 2, 2010-2011) (Download Paper)

Brent Stahl and Lisa Chavarria updated their paper, “State Laws & Incentives for Wind Energy Development.” An earlier version of the paper was published in the Fall 2009 edition of the Washburn Law Journal under the title “Wind Energy Laws and Incentives: A Survey of Selected State Rules.” The paper examines wind energy laws, incentives and rules relating to wind energy project development in 21 key states: California, Colorado, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska, New Mexico, New York, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Dakota, Texas, Wisconsin and Wyoming. Brent Stahl presented the paper last May at the WINDPOWER 2011 conference in Anaheim, California. AWEA’s WINDPOWER 2011 Conference featured over 1,150 exhibitors and nearly 16,000 attendees, consisting of wind power professionals and companies from around the world. (Download Paper)

Brent Stahl and Lisa Chavarria have updated their paper entitled, “Wind Energy Laws and Incentives: A Survey of Selected State Rules.” The paper was first published in the Fall 2009 edition of the Washburn Law Journal and has subsequently been presented at the American Public Power Association Law Conference, the ABA Environment, Energy and Resources Law Conference and the University of Texas School of Law’s 2011 Wind, Solar and Renewables Institute. The paper examines wind energy laws and incentives in 19 key wind states: California, Colorado, Illinois, Indiana, Iowa, Kansas, Minnesota, Missouri, Nebraska, New Mexico, New York, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Dakota, Texas and Wyoming. (Download Paper)

A Tale of Two Uses: Landowner Perspectives on Wind Leasing and Transmission Easements, presented by Greg Friend at the 2010 Wind, Solar and Renewables Fundamentals conference, sponsored by the University of Texas School of Law, on February 2, 2010.  This paper examines the particulars of wind energy leasing and transmission easement negotiations from the perspective of a landowner, and provides suggested strategies and language to utilize in the process.  (Download Paper).

Legal Issues Facing Wind Leases and Wind Development, Panel Moderated by Lisa Chavarria at The Wind Energy Institute sponsored by the University of Texas School of Law January 21-22, 2009. (Download Presentation)

The Severance of Wind Rights, Presented by Lisa Chavarria at the Review of Oil and Gas Law XXIII, sponsored by the Dallas Bar Association Energy Law Section, September 11-12, 2008. (Download Paper) (Download Presentation)

Land: Survey and Title Issues, Presented by Brent Stahl at The Wind Energy Institute sponsored by the University of Texas School of Law February 19-20, 2008, Austin, Texas. (Download Paper)

Wind Leases: Emerging Issues, Panel Discussion Led by Lisa Chavarria at The Wind Energy Institute sponsored by the University of Texas School of Law February 19-20, 2008, Austin, Texas. (Download Presentation)

Think You’re Done?  Hardly.  A Primer on Environmental Concerns Applicable During the Construction and Operations Phase of a Wind Project, presented by Greg Friend at the 2008 Wind Energy Institute, sponsored by the University of Texas School of Law, on February 19-20, 2008.  The paper discusses the environmental issues wind project developers must consider during the construction and operations phases of project development, and includes examinations of the Migratory Bird Treaty Act, the Bald and Golden Eagle Protection Act, the Endangered Species Act, and other federal and state rules and regulations related to the siting and operations of wind projects.  (Download Paper).

Wind Development: Key Survey and Title Issues Presented by Brent Stahl at The Wind Energy Institute, sponsored by the University of Texas School of Law February 26-27, 2007 Austin, Texas.
Wildcatting for Wind:Attracting Development, Choosing the Right Developer and Making the Best Deal,Presented by Lisa Chavarria at The Wind Energy Institute sponsored by the University of Texas School of Law June 1-2, 2006 Sweetwater, Texas.

Wind Project Economics, Presented by Lisa Chavarria at The 24th Annual Advanced Oil, Gas and Energy Resource Law Course sponsored by the State Bar of Texas, October 5-6, 2006 Houston, Texas.

Developments in Wind Energy: An Update on the Wind Industry & Wind Leasing Issues Presented by Lisa Chavarria at The Annual Ernest E. Smith Oil, Gas & Mineral Law Institute sponsored by The University of Texas School of Law March 31, 2006 Houston, Texas.

Where One Size Doesn’t Fit All:  Contrasting the Methane Gas Lease, Wind Lease and Oil and Gas Lease, Presented by Lisa Chavarria at The 31st Annual Ernest E. Smith Oil, Gas & Mineral Law Institute sponsored by The University of Texas School of Law April 1, 2005 Houston, Texas.

Windpower:  Prospective Issues, Written by Lisa Chavarria Texas Bar Journal, Vol. 68, No. 9 (October 2005). (Download Paper)

Anatomy of a Wind Energy Lease, Co-Authors Rod Wetsel and Lisa Chavarria Advanced Oil, Gas & Energy Resources Law Course, sponsored by the State Bar of Texas, Houston, Texas 2003. (Download Paper)

Commercial Real Estate

Follow Four Strategies to Mitigate Risks of Holdover, written by Alan Cohen and published in the September 2013 issue of Commercial Tenant’s Lease Insider. The paper offers strategies to commercial tenants negotiating holdover provisions. (download paper)

Three Strategies for Limiting your Indemnity Obligation, written by Alan Cohen and published in the May 2014 issue of Commercial Tenant’s Lease Insider. The paper offers advice to commercial tenants negotiating indemnity provisions.(download paper)

Five Ways to Limit your Liability for Operating Expenses, written by Alan Cohen and published in the February 2015 issue of Commercial Tenant’s Lease Insider. The paper discusses operating expense exclusions commercial tenants should include in their leases.(download paper)

How to Negotiate Adequate Casualty Provisions, written by Alan Cohen and published in the October 2012 issue of Commercial Tenant’s Lease Insider. The paper discusses risks to commercial tenants associated with casualty loss provisions.(download paper)

Due Diligence Overview for Raw Land Acquisitions, Co-authored by Brent Stahl and David Sewell, presented by Brent Stahl Advanced Real Estate Law Course, sponsored by the State Bar of Texas 2004. (download paper)

Checklists, Checklists, Checklists, Written by Brent Stahl Advanced Real Estate Law Course, sponsored by the State Bar of Texas 2004.

Tax Issues on Using the Recreational Ranch as a Business, Written and presented by Brent Stahl Advanced Real Estate Law Course, sponsored by the State Bar of Texas 2003.

Federal and State Tax Considerations in Forming and Restructuring Entities, Written and presented by Brent Stahl Advanced Real Estate Law Course, sponsored by the State Bar of Texas 2002.

Lender’s Lease Review Checklist; Guide for Borrowers, Written and presented by Brent Stahl University of Texas School of Law, sponsored by the Bernard O. Dow Leasing Institute 2005.

The Basics of Mortgage Lending, Written and presented by Brent Stahl University of Texas School of Law, Sponsored by the Mortgage Lending Institute 1995.

Choice of Entity, Written and presented by Brent Stahl Representing Small Business Course, sponsored by the State Bar of Texas 2005.

Negotiating Commercial Real Estate Aqcuisitions and Leasing Transactions in Texas, co-authored by Brent Stahl, David Sewell and Tom Davies. (download paper)

Commercial Real Estate Purchase and Sales Transactions in Texas, co-authored by David Sewell, Brent Stahl and Tom Davies.

Selected Legal Issues in Commercial Real Estate Leases and Sales, co-authored by Brent Stahl, David Sewell and Tom Davies.

Texas Tax

Gilbert Bernal and David Sewell have been selected by the Council on State Taxation (COST), a national organization of taxpayers and tax practitioners, to prepare bi-annual summaries of important Texas tax developments for the organization’s members. The summary posted below is the most recent summary that Gilbert and David have prepared for COST.

Texas State Tax Development, co-authored by Gilbert Bernal and David Sewell, COST 2008 (download paper)

Summary of the Revised Texas Franchise Tax, co-authored by Gilbert Bernal and David Sewell. (download paper)

Federal and State Tax Considerations in Forming and Restructuring Entities, authored by David Sewell.

Legal Analysis of Sample Lease Clauses, authored by David Sewell.

Current Texas Tax Issues Affecting Businesses, authored by David Sewell Advising Mid-Sized Corporations, Sponsored by the University of Houston Law Foundation. (download paper)

Texas State Tax Update—Changes from the 2003 Legislative Session, written by David Sewell.

Effective Use of Special Entities, Written and presented by David Sewell, sponsored by the University of Texas CLE, July 2006. (download paper)

Choice of Entity, written by David Sewell Representing Small Business, sponsored by the State Bar of Texas 2006. (download paper)

Texas Franchise Tax and Sales and Use Tax, co-authored by David Sewell and Gilbert Bernal, Instruction Manual 2000-2007.

Texas State Tax, presented by David Sewell Tax Practitioner Workshops, sponsored by the Tax Extension Education Foundation, Inc. 2000-03 and 2005-07.

David Sewell, Presenter, 49th Annual Taxation Conference, sponsored by the University of Texas School of Law 2001.

Texas Sales and Use Tax, presented by David Sewell, sponsored by the Lorman Business Center, Inc. March 5, 2004, San Antonio, Texas.

Handling a State Tax Case Through Trial, presented by David Sewell 21st Annual Advanced Tax Law Course, sponsored by the Texas Bar CLE September 2003.

Texas Sales and Use Tax and Franchise Tax, presented by David Sewell, sponsored by the Lorman Business Center, Inc. July 2003, Houston, Texas.

Texas Sales and Use Tax, presented by David Sewell, sponsored by the Lorman Business Center, Inc. January 2003, Abilene, Texas.

David Sewell, presenter at the Advanced Tax Law Course, sponsored by the State bar of Texas, 2000 and 2003.

David Sewell, presenter Representing Small Business, sponsored by the State Bar of Texas 2006.