Master Service Agreements for Oil and Gas: Negotiating and Structuring Techniques, Key Provisions, Court Treatment

This program is postponed. New date TBD.

A live 90-minute premium CLE webinar with interactive Q&A


Date: TBD


This CLE webinar will guide energy counsel on the key considerations and critical provisions in master service agreements (MSAs) for oil and gas businesses, including insurance, indemnification, damages, and payment. The panel will discuss negotiating and structuring MSAs, issues that commonly arise, and how the courts have treated MSAs since the significant 2018 decision by the Fifth Circuit en banc.

Description

An MSA defines the relationship between an oil and gas company and its providers of goods and services. The MSA allocates risk and provides indemnification. However, there are limitations and counsel must understand those limitations under both state and maritime law.

In Larry Doiron Inc. v. Specialty Rental Tools & Supply, the court addressed which law--maritime or state--should interpret the indemnity provisions in an MSA between an oil production company and a services provider operating on a stationary production platform in navigable waters. Maritime law permitted the enforcement of the contractual indemnity, but Louisiana law--specifically its Oilfield Indemnity Act--precluded enforcement of the contractual indemnity.

On Jan. 8, 2018, the Fifth Circuit en banc reversed the panel opinion, applying a new two-pronged test and concluding the MSA was non-maritime. As a result, Louisiana state law barred the crane barge owner's indemnity claim against the contractor.

Counsel to oil and gas companies must understand the challenges involved in crafting MSAs to meet the parties' expectations and align with their insurance packages along with the court treatment of MSAs.

Listen as our authoritative panel discusses vital considerations and key provisions in an MSA, including insurance and indemnification, damages, and enforceability. The group will discuss negotiating and structuring MSAs, issues that commonly arise, and how the courts have treated MSAs.

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Outline

  1. MSA key considerations and provisions
  2. Issues that commonly arise and methods to overcome them
  3. Court treatment of MSAs and best practices for oil and gas counsel

Benefits

The panel will review these and other key issues:

  • What are the critical provisions when structuring and negotiating MSAs?
  • What issues frequently arise when structuring MSAs and what strategies should be used to allocate risk?
  • What are counsel's options to effectively negotiate these agreements?

Faculty

Kerlick, I. Ray
I. Ray Kerlick, Jr.

Shareholder
Wadler Perches Hundl & Kerlick

Mr. Kerlick represents individuals and entities in a wide variety of litigation matters.He has experience in insurance...  |  Read More