Mr. D’Amico’s oil and gas matters are E&P, A&D, private equity and TRRC oriented and his government investigations and enforcement representation revolves around energy and securities issues.  He is a former chairman of the firm’s business and private clients section and rated AV Preeminent® 5.0 out of 5 by Martindale-Hubbell®Peer Review Ratings™.

REPRESENTATIVE MATTERS

Oil & Gas Transactional:

  • exploration and production companies with project development and operational matters and transactions concerning operated and non-operated acreage in the Permian Basin, East Texas Eagle Ford oil play, Bend Arch-Fort Worth Province oil-generation window and the Cotton Valley play
  • working interest, mineral asset, royalty and overriding royalty investors and industry ventures with assets in Texas, Louisiana, offshore Gulf of Mexico and the Fayetteville Shale play with project-specific business entity structuring and formation, A&D transactions, joint operations matters, preparation of a wide range of production agreements, and counsel concerning indemnity and risk management issues
  • an exploration and production company with acquisition, farmin, participation, leasing, financial advisory, joint venture, operational and divestiture matters regarding its hundreds of thousands of net operated and non-operated acreage
  • a non-operating oil and gas company’s chapter 7 trustee with its joint operations issues, sales of interest and management of bankruptcy administrative and litigation matters
  • an E&P management team’s CEO with a large equity commitment from a major energy sector private equity fund that involved substantial concurrent contributions of equity and existing oil and gas assets
  • an established producer, led by an executive with extensive A&D background, with structuring a program to acquire, develop and enhance domestic oil and gas properties and associated midstream assets, and its follow-on private offering to family office market participants
  • an oil and gas investment management and private equity firm, founded by an experienced industry consultant and a former Big 4 accounting firm’s national industry director, with securities compliance matters and structuring flow-through operating and blocker entities and net profits interests for NASDAQ and OTC natural resources companies, a European alternative investment fund and other private investors for multi-million dollar participations in the seismic data acquisition and onshore and offshore drilling programs of a NYSE traded E&P company

Oil & Gas Litigation:

  • a land services company and a lessor in a Delaware Basin oil and gas lease termination lawsuit with a NYSE traded independent energy company
  • a lender with its quiet title litigation regarding Marfa Basin collateral
  • remaindermen under a will’s devise of South Delaware Basin and Central Basin Platform oil and gas interests with defending a slander of title and declaratory judgment lawsuit brought by the decedent’s life tenant over the application of the open mine doctrine to his tenancy and other disputes
  • an operator in royalty overpayment and environmental litigation with a multiple property lessor
  • a former operator and substantial working interest owner with defending a lawsuit regarding a highly productive well that it drilled during peak oil prices brought by another producer against it and the well’s successor operator, lessor, overriding royalty interest holders and hundreds of other working interest owners alleging trespass, conversion, fraud, tortious interference and TNRC payor liability
  • a seller seeking to close a multi-million dollar sale of substantial Delaware Basin oil and gas interests and surface rights with removing as a cloud on its title an earlier prospective purchaser’s claim that these assets remained subject to the parties’ terminated PSA
  • in Burlington Resources Oil & Gas Co. LP v. PetroMax Operating Co., Inc., 486 S.W.3d 703 (Tex. App.—Texarkana 2016, no pet.), an oil and gas exploration and production company with obtaining from a state district court and affirming on appeal a summary judgment of a lawsuit brought  against it and a number of its predecessors and successors alleging violations of a purported area of mutual interest agreement
  • in Aaes v. 4G Companies, No. 13-20290 (5th April 23, 2013), cert. denied No. 14-183 (U.S. March 20, 2014), a driller-operator targeting the Lower San Andres reservoir in the Permian Basin with obtaining from a federal district court and affirming on appeal a dismissal with prejudice of a RICO lawsuit brought by hundreds of its foreign working interest owners after its production process for three wells encountered large amounts of water
  • a seller of half the common stock of a non-operated oil and gas company that had production of 8 MMbls of oil and 50 BCFG of natural gas in the Texas and Lousiana Gulf Coast region with obtaining from an arbitral panel a summary disposition of a substantial rescissionary damage claim brought by the stock’s purchaser following natural gas prices plunging in 2009, and the enforcement and collection of an award eventually obtained on seller’s significant claim against that purchaser
  • two oil and gas exploration companies in a lawsuit brought against them by an industry seller regarding alleged post-closing purchase price adjustments under a PSA’s title reconciliation provisions
  • an operator regarding multiple non-operated working interest owners’ claims of fraud and gross negligence stemming from an oil and gas well’s down hole equipment failure and a related sidetracking operation
  • a working interest owner regarding an operator’s lawsuit over joint interest billing and indemnification matters
  • a successor operator in a dispute over the handover of wells by its predecessor, including regulatory issues
  • a multi-well operator in a federal diversity jurisdiction lawsuit brought by several working interest owners regarding gathering system development and related disclosure issues
  • an oil and gas investment partnership’s FINRA arbitration against a major financial institution regarding that institution’s purchase of auction-rate securities as a temporary investment for the partnership’s offshore drilling fund account in violation of its investment authority under the parties’ account agreement and the partnership’s governing documents

Regulatory, Investigations & Enforcement:

  • numerous companies and their officers and directors with matters or investigations brought by or involving the jurisdiction of the TRRC, SEC, FINRA, TSSB and other state and federal governmental agencies
  • a director of a technology company charged by the SEC with civil securities fraud relating to alleged stock promotion violations in a high-profile lawsuit that the SEC also brought against the company’s CEO and Texas Attorney General Ken Paxton (SEC v. William E. Mapp, III, et al., No. 4:16-CV-000246 (E.D. Tex. filed Apr. 9, 2016))
  • an officer of an oil and gas royalty fund in connection with the SEC’s investigation and eventual charging of the company and several of its other officers with civil charges for a $485 million offering fraud (SEC v. Provident Royalties, et al., No. 3:09-CV-1238-L (N.D. Tex. filed July 7, 2009) and a related federal equity receivership and U.S. DOJ investigation
  • a former president of a life insurance settlement company regarding the SEC’s civil securities fraud charges concerning alleged offerings of fractionalized life insurance policies that were brought parallel to a U.S. DOJ prosecution seeking $140 million in investor restitution and convictions for mail, wire and tax fraud (SEC v. ABC Viaticals, Inc. et al., No. 3:06-CV-2136-P (N.D. Tex. filed November 17, 2006))
  • a senior vice president in charge of procurement of a $15 billion U.S. grocery distributor charged with several other officers by the SEC with civil securities fraud for allegedly scheming to inflate that distributor’s earnings (SEC v. Mark David Shapiro et al., No. 4:05-CV-0364 (N.D. Tex. filed September 15, 2005))
  • a foreign bank and its owner with obtaining a dismissal with prejudice from the SEC of civil securities fraud charges claiming participation in sales of unregistered mutual funds and an investment club pyramid scheme (SEC v. Le Club Privé, No. No. 3:00-CV-1851-R (N.D. Tex. filed August 29, 2000))