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Todd W. Spake

Biography
Todd W. Spake is the chair of Kelly Hart's Oil & Gas/Energy Practice Group and represents oil and gas operators and interest owners across the state in his broad-based energy practice. Mr. Spake's primary focus is on transactional matters, including the purchase and sale of oil and gas producing properties, farm-outs, joint development agreements, natural gas processing and sale agreements, seismic agreements, complex rural and urban oil and gas leases and surface use agreements, pipeline easements, wind power agreements, and sand and gravel leases.  

Mr. Spake also has experience representing clients in a variety of energy-related litigation matters, including cases involving oil and gas royalty underpayments, oil and gas lease termination issues, seismic trespass claims, inverse condemnation of mineral rights by governmental entities, as well as energy-related contract disputes.
Experience and highlights
  • Represented a group of privately held entities in their sale to a publicly traded major oil company for total consideration of over $6.6 billion, and involving over 275,000 acres of producing properties, primarily located in the New Mexico Delaware Basin
  • Represented a privately held E&P entity in the sale of oil and gas producing properties located in the Delaware Basin for a purchase price of $855 million
  • Represented a privately held E&P entity in the acquisition of oil and gas producing properties located in Wyoming for a purchase price over $500 million
  • Represented a privately held E&P entity in the acquisition of oil and gas producing properties in the Permian Basin for $300 million
  • Represented an independent E&P entity in the sale of natural gas producing properties located in the Barnett Shale area for $200 million
  • Represented a privately held E&P operator in the negotiation of a joint development agreement covering 100,000 acres in Montana
  • Represented a group of privately held E&P entities in the sale of producing Permian Basin assets for over $500 million
  • Represented an operator in the acquisition of 32,000 net acres of oil and gas leases in the Barnett Shale area, and the subsequent negotiation of a joint development agreement covering the acreage
  • Represented a privately held E&P entity in the acquisition of producing properties in North Dakota for $200 million
  • Represented a privately held E&P entity in the acquisition of oil and gas producing properties in the Haynesville Shale area for $200 million
  • Represented a privately held E&P entity in the acquisition of oil and gas producing properties in the San Juan Basin for over $400 million
  • Represented a privately held E&P company in the acquisition of oil and gas producing properties and associated mid-stream assets in North Dakota for $100 million 
  • Represented a large trust in the leasing of mineral interest covering over 6,000 acres in the Eagle Ford Shale, and retaining working interest participation rights
  • Represented a private university in the leasing of its campus for development in the Barnett Shale, and continuing representation in the leasing of its endowment assets across Texas
  • Represented a privately held E&P entity in the sale of oil and gas producing properties in LaSalle and McMullen Counties, Texas for $150 million
  • Represented a privately held E&P entity in the acquisition of producing properties in West Texas and Eastern New Mexico for $150 million
  • Represented a privately held E&P operator in the negotiation of a multi-well joint development agreement in Lea County, New Mexico
  • Represented a privately held E&P entity in the acquisition of producing properties in West Texas for $370 million       
  • Represented landowners and exploration companies in the negotiation of complex oil and gas leases on large ranches and thousands of acres in urban drilling areas
  • Represented several real estate developers and exploration companies in the negotiation of complex oil and gas surface use agreements
  • Represented landowners in the negotiation of wind energy leases for large-scale wind energy projects
  • Represented a client before the Texas Supreme Court in obtaining mandamus relief in the first published opinion holding that seismic data is a trade secret under Texas law
  • Represented a client in obtaining a summary judgment, upholded the ruling on appeal, and defeated an alleged $30 million dollar breach of a natural gas sales contract
  • Represented a private energy company in the trial court and on appeal, obtaining and upholding a $12 million judgment for the breach of a covenant not to compete in the sale of a large natural gas processing and gathering system
Affiliations and honors
  • Adjunct Professor, Energy MBA program, Texas Christian University
  • Institute for Energy Law, Advisory Board Member, 2017, 2018
  • Texas Tech School of Law Energy Law, Advisory Board
  • Fort Worth Public Library Foundation, Board of Directors
  • University of North Texas Health Science Center Foundation, Board of Directors
  • Texas Bar Foundation, Fellow
  • Listed in The Best Lawyers in America®, 2008-2018
  • Top Attorney in Oil & Gas Law and Land Use & Environment Law, 360 West magazine, 2017, 2018
  • Top Attorney, Fort Worth, Texas magazine, 2005–2017
  • Texas Super Lawyer Rising Star by Thomson Reuters, 2008-2010
  • 40 Under 40 honoree, Fort Worth Business Press, 2006
  • Rated AV® Preeminent™ by Martindale-Hubbell

 

Education
  • Texas Tech University School of Law, J.D., summa cum laude, 1996
         Associate Editor, Texas Tech Law Review, 1995-1996
         Order of the Coif
  • Texas Christian University, B.S., 1992
Admissions
  • State Bar of Texas, 1996
  • U.S. District Court, Northern District of Texas, 1997
  • U.S. Court of Appeals, Fifth Circuit
Speeches & Publications
  • "Implied Covenants in an Oil and Gas Lease," Fort Worth Association of Professional Landmen, November 20, 2014
  • "Surface Use Agreements: Conflicts Between Severed Surface and Mineral Estates," AAPL Southwest Land Institute, April 30, 2013
  • "Regulation of Urban Oil and Gas Drilling and Inverse Condemnation," Tarrant County Bar Association, May 2009
  • Co-Author, “3-D Technology Opens Legal Issues in Oil and Gas Exploration,” Texas Lawyer, 2002
  • “Beyond the Ordinary Oil and Gas Lease,” Fort Worth Club, 2011
Published Opinions
  • City of Houston v. Maguire Oil Company, 342 S.W.3d 726 (Tex. App.-Houston [14th Dist.] 20011, pet. denied).
  • Maguire Oil Company v. City of Houston, 243 S.W.3d 714 (Tex. App.-Houston  [14th Dist.] 2007, pet. denied).
  • Sterling Trust Company v. Adderley, 168 S.W.3d 835, Blue Sky L. Rep. P 74, 547, 48 Tex. Sup. Ct. J. 887, Tex., June 17, 2005 (No. 03-1001).
  • In re Bass, 113 S.W.3d 735, 46 Tex. Sup. Ct. J. 988, Tex., July 03, 2003 (No. 02-0071).
  • Maguire Oil Co. v. City of Houston, 69 S.W.3d 350, 154 Oil & Gas Rep. 428, Tex.App.-Texarkana, February 15, 2002
  • El Paso Natural Gas Co. v. Leapartners, L.P., 2003 WL 21940729, Tex. App.-El Paso, August 14, 2003 (No. 08-01-00310-CV).
  • Citizens National Bank v. Allen Rae Investments, 142 S.W.3d 459, Tex. App.-Fort Worth, July 15, 2004 (No. 2-02-095-CV).

Todd W. Spake

Partner
Chair of Oil & Gas/Energy Section
P (817) 878-3592
F (817) 878-9280

Licenses

State Bar of Texas