1 / 22

What ’ s Your Story?

What ’ s Your Story?. Jeff Parsons Beirne, Maynard & Parsons LLP Houston, Dallas & Austin, Texas. “ El Pequeño Problema ”. Or - Deep In the Heart of Texas. El Pequeño Problema. The Prospect Generation Agreements. Clients - - Family Partnerships Rco - - E&P Co. owned by Mr. L and Mr. H

cooper
Download Presentation

What ’ s Your Story?

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript


  1. What’s Your Story? Jeff Parsons Beirne, Maynard & Parsons LLP Houston, Dallas & Austin, Texas

  2. “El Pequeño Problema” Or - Deep In the Heart of Texas

  3. El Pequeño Problema

  4. The Prospect Generation Agreements • Clients - - Family Partnerships • Rco - - E&P Co. owned by Mr. L and Mr. H • Clients pay Rco big $$$ fees • Rco to bring Clients oil & gas prospects • Clients can accept or reject any prospect • If accept a prospect, Clients get • 35% Working Interest • And, “proprietary interest” in Rco’s seismic maps and data on prospect

  5. The Lopeno prospect • Rco discovers huge gas prospect • 10-12 BCF • $70-90 MM in reserves • Rco develops seismic map of Lopeno prospect • Clients accept 35% W.I. in Lopeno prospect • Rco leases Worley property to drill prospect • prepares to drill in January 2007

  6. El Pequeño Problema • Rco - - Shows Seismic Map to various people, but no “Confid. Agmts” • With its own Ds, Os or employees • With Clients or other investors • Clients - - No “Confid. Agmts” • With Rco • With Mr. L or Mr. H • With individual family partners

  7. The Treasure Map The Lopeno Seismic Map El Milagro Worley

  8. El Pequeño Problema • Mr L is Chief Operating Officer of Rco • 50% owner of RCo • But, no confidentiality agreement • Mr. L , Mr. H and RCo • sign Separation Agreement (eff. 12/31/06) • Mr. L sells all interest in RCo. to Mr. H • Mr. L gets right to “compete” with RCo • Mr. R keeps 25% W.I. in Lopeno wells

  9. El Pequeño Problema • 2007, Mr. L joins with Mr. “Cortez” • “Cortez” leases El Milagro property • Next to Worley property • Worley wells visible from El Milagro • L and C drill 4 wells on theirlease • They extract 3.6 BCF from reservoir

  10. El Pequeño Problema • What’s Your Story?

  11. Complex Legal Claims Misappropriation of Trade Secrets Intentional Interference with Contract Civil Conspiracy “Ds will claim” - - - “No trade secret” Seismic Map shown to investors No confidentiality agreements Worley wells public knowledge “No Interference” Claim they did not use seismic map Claim they had right to drill and compete “Big Anglo Ranchers”vs. 2 locals – 1 Hispanic Jury 100% Hispanic Legal Claims vs. “Defenses”

  12. The Solution • A Simple Story • Ethos • Pathos • Logos • Confirmed by Jury Research • Powered by Demonstrative Exhibits

  13. Jury Research • Important to keep promises – 100% • Business secrets are important – 95% • Important for businessmen to act fairly, ethically – 90% • When leave employer, not OK to take business secrets – 90% • Don’t need writing to warn “don’t take other’s property” - 85% • Family is very important - 90%

  14. Plaintiffs’ Opening“This Is A Simple Case” • About “Right” vs. “Wrong” • Don’t Take What Doesn’t Belong to You • Don’t Break Your Promises • Don’t Interfere with Other’s Promises • Compete Hard but Honestly • Defendants Broke All Four Rules

  15. “This Is A Simple Case” • “My Clients Did The Right Thing” • Kept their promises • Many family members invested small $ • So Family could invest Big $$$$$ • Family kept Lopeno secrets • Only defendants who stole secrets • Defendants’ Did the Wrong Thing • Took Family’s treasure map and secrets • Interfered with Family’s PGAs • Caused the Family $$ Millions in Damages

  16. The Prospect Generation ContractsPX 4 & 6 Plaintiffs RCo.

  17. Where is the Lopeno Prospect ?

  18. The Treasure Map

  19. Before Defendants’ Wrongful Conduct ElMilagro Worley 1 mile

  20. After Defendants’ Wrongful Conduct ElMilagro Worley 1 mile

More Related