Posts Authored by Matt Warnock

Force majeure provisions: Dusting off a law school exam topic for the COVID-19 pandemic

As the COVID-19 pandemic increasingly causes business disruption across the United States and the world, the issue of force majeure will become increasingly relevant. On a near daily basis, national, state and local governments are implementing stringent containment policies. States of emergency have been declared, schools and institutions of higher education closed, travel restrictions imposed, businesses shuttered, sporting events cancelled, large gatherings banned and worship services cancelled. While the long term effects of the pandemic are yet unknown, it is certain that these containment strategies will present unique challenges as businesses struggle to adapt to the new realities presented by COVID-19, including the ability to comply with various contractual obligations. In evaluating the range of options available to deal with performance under a contract amidst the uncertainty, parties should consider how the concept of force majeure will impact their rights, obligations and remedies. For more, read the full story.

National, Ohio

COVID-19 Resource Center Available

Amid growing concerns about the COVID-19 (coronavirus) outbreak, businesses and employers are forced to respond quickly and accurately to this evolving situation. A cross-disciplinary team of Bricker attorneys is regularly monitoring COVID-19 news and guidance to help our clients assess the potential impacts on their operations. 

If you have questions regarding COVID-19 and it's impact on energy matters or regulatory proceedings in Ohio, or if a situation arises and you need legal counsel, please visit our Resource Center for more information.

 

National, Ohio

States could have limited abilities to block pipeline projects

States could soon have limited abilities to block natural gas pipelines and other energy projects from going forward, according to Crain’s Cleveland Business. Insiders with the Trump Administration have reportedly said that this legislation, targeted at states in the Northwest U.S., could come in the form of an executive order. Recently the state of New York used a provision of the Clean Water Act to block a pipeline project that was previously approved by the Federal Energy Regulatory Commission (FERC). For more, read the full story.

National

Court distinguishes oil and gas land professionals from real estate agents/brokers

On December 19, S.B. 263 was signed into law by Governor Kasich, establishing the concept of an “oil and gas professional.” This distinction is important because it separates those involved in the purchase and sale of oil and gas land from the licensure requirements imposed on real estate agents and brokers. Despite this exemption, oil and gas land professionals are still required to fulfill newly-established registration requirements, including an annual fee and membership within a national oil and gas land professional group. This topic has been a source of debate within the court system, so the new law is a welcome resolve within Ohio’s oil and gas industry.  

Ohio