Education
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University of Texas School of Law, L.L.B., 1967
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Stanford University, A.B., 1964
Bar Admissions
Court Admissions
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U.S. Court of Appeals for the 5th Circuit
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U.S. District Court for the Northern District of Texas
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U.S. Court of Military Appeals
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U.S. Court of Federal Claims
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U.S. Tax Court
Awards and Honors
- Awarded “Best Published Article in an AAPL Publication” for the article “Oil and Gas Documents Affecting Title,” American Association of Petroleum Landmen, as featured in three parts in the July–December 2005 issues.
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Martin Gibson concentrates his practice in energy law, with a particular focus on the exploration and production activities of independent oil and gas companies and individuals, both domestically and internationally. Mr. Gibson represents a broad range of clients involved in oil and gas drilling, exploration, production and distribution. His experience with transactions includes the negotiation and documentation of oil and gas leases for lessors and lessees; exploration and seismic agreements; IADC and AIPN, as well as non-standard forms of onshore and offshore drilling agreements, farmouts, and carried interest transactions, processing and refining agreements; master service agreements (including indemnity and anti-indemnity issues); domestic and international joint operating agreements; production contracts; distribution agreements; coalbed methane gas exploration and production; and a wide range of gas contracting, balancing and transportation issues and financing vehicles.
Mr. Gibson has a depth of experience in equity and debt financing of oil and gas related entities. This experience runs the gamut from revolving asset-based production loans to designing sales of interests to qualify as unrelated business taxable income for tax exempt organizations, including vendor financed production payments, dollar denominated and volumetric production payments, Section 29 transactions, royalty trust arrangements, net profits agreements, tax partnerships, numerous carry and back-in arrangements and private placements and public offerings. Such transactions also include related due diligence, re-structuring, choice of entity issues and lien questions, including operator liens and the “secret lien” of UCC § 9.343.
Mr. Gibson is Board Certified in Oil, Gas and Mineral Law by the Texas Board of Legal Specialization. He is active in several industry associations.
Representative Matters:
- Represent small and independent oil companies, investors, partnerships, and other purchasers in the acquisition and sale of producing and non-producing onshore and offshore oil and gas properties and equipment.
- Represent or act as arbitrator in energy-related litigation and arbitration matters requiring knowledge of the oil and gas industry; specific areas of litigation support include bankruptcy and foreclosure, ownership and partnership disputes, blowouts, defective pipe and wireline cases, subsurface trespass, lease production disputes, contract rights, contract disputes and liability issues.
- Represent borrowers and lenders with respect to using oil and gas properties as the collateral for financing the acquisition, production, and distribution of oil and gas. Specialized financing strategies and methods unique to the oil and gas industry are used to meet the needs of investors and operators. Represent banks and borrowers in restructuring oil and gas loans and in current lending transactions. This work includes vendor financed production payments, net profits interests and exempt organization (non-UBTI) driven sales and acquisitions.
- Represent minerals owners in lease negotiations; represent lessees in lease negotiations. Represent mineral and surface owners in negotiations for pipeline rights-of-way and surface leases.
Professional Affiliations:
President of The North Texas Energy Council
American Association of Petroleum Landmen
Dallas Petroleum Engineers Club
Texas Bar Association, former council member, Oil, Gas and Energy Resources Section
Dallas Bar Association, former chair, Energy Section
A.D.A.M. Energy Forum, member
Texas Independent Producers and Royalty Owners, member of State Issues Committee
Member of The Title Standards
Joint Editorial Board of the Section of Real Estate
Probate and Trust Law of the Oil
Gas and Energy Resources Law Section of the State Bar of Texas
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