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David Roth

David Roth

Oil, Gas & Energy Attorney
droth@elderbray.com
210-424-4531

EDUCATION

  • The University of Texas School of Law, J.D., with honors, 1995
  • The University of Texas at San Antonio, B.A. 1989

LICENSES, AWARDS & INVOLVEMENTS

  • Admitted to Practice Law in Texas, 1996
  • Board Certified in Oil, Gas and Mineral Law by the Texas Board of Legal Specialization
  • Cox Smith Matthews Incorporated (San Antonio, 1995-2015), Shareholder
  • Department Leader – Oil and Gas Section – Cox Smith Matthews Incorporated (2013-2015)
  • U.S. Army Field Artillery Officer, Special Weapons, 1990-1994
  • Trustee, George W. Brackenridge Foundation
  • Trustee, Glass-Glen Burnie Foundation
  • Private Pilot
  • Publications
    • 03.27.15 “Production and Sales of Brine. A practical guide to title, permitting, and handling for commercial brine and brackish water wells in Texas delivering water to the oilfield.” 41st Annual Earnest E. Smith Oil, Gas and Mineral Law Institute
    • 03.03.10 “Eagleford Shale – New Development Paradigms and Land Use Trends.” U.S. Trust and Bank of America Seminar
    • 09.24.08 “Introduction to the Texas Title Examination Standards and Oil and Gas Pattern Jury Charges.” State Bar of Texas, Nuts and Bolts of Oil, Gas and Energy Resources Law Seminar
    • 01.01.08 “The Deal’s Been Done – Strategies & Techniques for Enforcing Historic or Enduring Oil and Gas Leases: Use Your Hammers So You Don’t Have to Use the Gavel.” Texas Bankers Association, Asset Management Conference, Oil and Gas Seminar
    • 01.01.08 “Wind Power Development.” San Antonio Bar Association Environmental Law Section
    • 01.01.07 “Current Uranium Activities.” San Antonio Bar Association Natural Resources Section, presentation at Monthly Meeting
    • 09.01.07 Case Law Update – State Bar Section Report – Oil, Gas and Mineral Law, Vol. 22, No. 1
    • 01.01.06 “Contested Ground in Day Work Drilling Contracts: Negotiation and Litigation.” The University of Texas School of Law Oil, Gas and Mineral Law Institute
    • 4.18.02 “Managing Water Rights as a Trust Asset.” Real Property and Mineral Management Conference, Texas Bankers Association
    • 10.11.01 “Water Rights in Texas: Ownership, Documentation and Development.” 19th Annual Advanced Oil, Gas & Energy Resources Law Course (State Bar of Texas – Oil Gas and Mineral Law – San Antonio)

David’s practice focuses on natural resource development and use, including oil, gas, water, renewables, energy and environmental matters. David is a frequent author and speaker on natural resources issues and trends, including oil and gas leases, wind power, water and mineral rights. He is board certified in Oil, Gas and Mineral Law by the Texas State Board of Legal Specialization.

David has extensive experience in oil and gas leasing and in managing well drilling, development, pooling, production sharing and allocation wells both on behalf of mineral owners and operators. He has a robust practice in surface use activities deriving out well drilling, infrastructure, pad sites, pipelines and related production, storage and marketing of physical hydrocarbons. He also routinely assists in corporate entity structure and formation related to ownership of minerals and working interests for operators and families. David’s experience earned him the honor of serving on the governing council of the Oil, Gas and Energy Resources Section of the State Bar of Texas, and numerous nominations to Super Lawyers in the specialty of energy law.

AREAS OF FOCUS

  • Family and Closely-Held Businesses
  • Farm & Ranch Acquisitions/Dispositions
  • Midstream Services
  • Mineral Owners
  • Surface Mining
  • Upstream Exploration and Production
  • Working Interest Investments and Operators

EXPERIENCE HIGHLIGHTS

Oil & Gas

  • Represents clients in all facets of exploration, production and surface operations
  • Possesses vast Eagle Ford Shale experience, having been involved on-the-ground since the 1st discovery well in 2008
  • Negotiated and closed more than 600,000 acres of custom oil and gas leases
  • Handles master service contracts for energy exploration oilfield and drilling industries
  • Reviews derivative contracts, such as ISDA Master Agreements, Schedules, Credit Support Annexes, swaps, options and other risk management tools
  • Drafted upstream and downstream commodity purchase agreements, revenue accounting and division orders
  • Deals with multi-state oil and gas lending transactions

Energy Transport and Distribution

  • Advises pipeline companies, gas utilities and other transporters of hydrocarbon products
  • Experience with pipeline joint venture, co-ownership, undivided ownership and right-of-way management

Mergers, Acquisitions and Divestments

  • Experience with international project development for oil and gas concession across the Americas
  • Environmental counsel in mergers, acquisitions and divestments of operating companies and properties.

Mineral Development

  • Manages hard minerals, lignite and uranium mining projects
  • Experience with aggregate, stone and pit mining

Water Development

  • Represents water development projects for lease acquisition, drilling, production and municipal sales of groundwater. Buying, selling and transferring both surface and groundwater rights.

Renewable Energy Projects

  • Currently involved with renewable electric power projects, including utility scale wind and solar generation farms and biogas projects

Conservation Projects

  • Documented transfers, conservation and partitioning of environmentally sensitive and archaeologically significant ranch properties.

Rural and Agricultural Real Estate Sales

  • Represents Buyers and Sellers ranch purchases and sales of complicated title and multi-user properties where agricultural, hunting, energy development and recreational uses coexist.

Experienced counsel & exceptional service