Energy Law

There is a multitude of career opportunities for South Texas College of Law Houston students to pursue in the energy industry, which include working for law firms doing energy work, oil and gas companies, and oil field service providers. Attorneys practicing in this field must develop a firm understanding of the oil and gas industry. Depending on the type of oil and gas law attorneys choose to practice, they also need to acquire, to varying degrees, a background in corporate, finance, and business law; transactional drafting and negotiation skills; dispute resolution skills both in and out of court; and an understanding of the regulatory environment.

Subject Overview
Pathway
Faculty
Resources

Introduction

Energy law is a complex and multifaceted field that encompasses a variety of industries. A vital and vibrant industry in Texas, oil and gas companies, oil field services providers, and law firms doing energy work offer a multitude of career opportunities for South Texas College of Law Houston students to pursue.

The oil and gas industry is loosely divided into three components: upstream, midstream, and downstream. Major integrated companies focus on all three components, while independent companies tend to focus on one or two of the components.

Quick Links

Oil and Gas Property Acquisition and Management
General Oil and Gas Transactional Work
Oil and Gas Litigation
Regulatory Matters in the Oil and Gas Industry
Energy Careers Where a Law Degree is Advantageous

Upstream activities involve the search and exploration for crude oil and natural gas. It encompasses the use of various techniques to locate potential sources of hydrocarbons, the drilling and operation of wells to produce crude oil and natural gas, and the sale of such produced crude oil and natural gas.

Midstream processes include the transportation, processing, and storage of crude oil and natural gas products, as well as other petroleum products. Downstream activities cover the process of refining crude oil and the subsequent distribution and sale of these refined products to consumers.

Attorneys practicing in this field must develop a firm understanding of the oil and gas industry. Depending on the type of oil and gas law attorneys choose to practice, they also need to acquire, to varying degrees, a background in corporate, finance, and business law; transactional drafting and negotiation skills; dispute resolution skills both in and out of court; and an understanding of the regulatory environment.

While this subject overview and the accompanying pathway focus on the oil and gas industry, many other established and burgeoning energy sectors exist, including electricity, coal, nuclear, biodiesel, and renewables such as solar, wind, and hydropower.

Students interested in the oil and gas sector should also consult the Environmental Law Subject Overview because lawyers practicing oil and gas law regularly confront issues pertaining to pollution and natural resources. For instance, state and federal water laws can impact exploration decisions, and environmental regulations affect the means by which companies can explore, develop, produce, and transport natural resources. The most relevant environmental courses for students interested in the oil and gas industry are Environmental Law, Natural Resource Management Law, and Water Law.

For all career options in the oil and gas industry, students would benefit from taking Oil, Gas & Mineral Law; Domestic Petroleum Transactions; and Domestic Energy Law. The utility of additional coursework is then largely derived from the type of energy law practice students wish to pursue. The following overview of the main fields of practice in the industry will list additional relevant coursework where applicable.

Oil and Gas Property Acquisition and Management

Two popular career options in oil and gas property acquisition and management are title attorney and landman. In addition to general oil and gas courses, relevant subject matter for these career paths is covered in Texas Oil, Gas, & Land Title Examination. Students interested in these career paths would also benefit from taking Contract Negotiations & Drafting or Contract Building Blocks.

Title Attorney

When companies want to explore for natural resources, they first need to determine who owns the mineral estate in the area of interest—that is, the area below ground that may or may not be owned by the same person or entity that owns the surface estate. The company must then obtain an oil and gas lease from the owners of the mineral estate.

Title attorneys help to identify the owners of the mineral estate. They search relevant records and chains of title to determine who owns the mineral estate in the property in question. Sometimes title attorneys assist in determining from whom an oil and gas lease is taken. In all instances, because of the significant costs of drilling a well, a title attorney is engaged to prepare a title opinion on a planned well site and on other tracts. A title opinion is a report on the ownership of the mineral estate in a specified property that includes any gaps, exceptions, and deficiencies.

Title attorneys may work in-house for oil and gas companies, or they may choose to work in small or mid-size firms or as solo practitioners. Students who want to become title attorneys should consider STCL Houston’s Law Office Management course if they plan to start their own firm or join a small firm.

Landman

Landman is the title of a professional—which can be a man or woman—in the oil and gas industry who is responsible for interfacing between the owners of mineral rights and the oil and gas companies interested in exploring and developing that mineral estate for natural resources. Among other responsibilities, they negotiate the acquisition of oil and gas leases and other mineral rights, examine title issues and seek to cure title defects, close deals, and address any resulting complaints from the owners of the mineral rights or the surface landowners after exploration and development commences. In this respect, they interact with land and mineral rights owners more frequently than any other oil and gas industry representative, including title attorneys.

One does not need to obtain a J.D. to become a landman. Many of the key skills needed to be a successful landman, however, are skills that come with a J.D., including an understanding of oil and gas property rights and skills in drafting and negotiating contracts.

Landmen typically work for companies, including in-house for oil and gas companies or land brokerage companies, or as independent solo practitioners. Some law firms may also embed landmen in-house to assist with title corrective work and other commercial functions.

Internationally, companies entrust the commercial/business functions of obtaining oil and gas rights to professionals who are known as business developers or commercial negotiators. These professionals perform many of the same tasks that the landman performs in the domestic U.S. oil and gas industry. A J.D. can be advantageous in this field as well.

General Oil and Gas Transactional Work

Transactional legal work in the oil and gas industry requires that attorneys develop a firm understanding of the industry. The potential types of work in which an oil and gas transactional attorney may be involved encompasses many of the categories reviewed in the Business & Corporate Law Subject Overview, such as commercial, corporate, and finance. In this context, however, these particular subjects and practice areas are based on oil and gas transactions.

For example, transactions could involve the purchase, sale, or leasing of mineral real property, development rights, or equipment; the merger of two companies or acquisition of one by the other; joint ventures and joint operating agreements between energy companies; land leases; or agreements that concern pipeline and facilities usage and sharing.

Prospective attorneys looking to enter the oil and gas industry may simply develop a set of core transactional skills that are needed in the oil and gas industry, or they may already have a sense of the particular specialty in which they desire to practice.

For core transactional competence, students should strive to develop a basic understanding of how to negotiate deals and translate those negotiations into binding contracts. These skills are taught in Contract Building Blocks, Contract Negotiations & Drafting, and Transactional Skills–Energy. STCL Houston’s Negotiation course can also provide beneficial information, although negotiation skills are taught in the context of resolving disputes rather than negotiating deals.

Among others, areas of focus could include energy finance, mergers and acquisitions, or tax. Students should base their decisions on a combination of interest, experience, and prospective employment opportunities. To illustrate, a student might choose to focus on energy finance because he or she is interested in the oil and gas industry and has a background in banking. In such a case, relevant coursework would include basic oil and gas classes along with those listed on the pathway that cover finance in the corporate setting.

For international oil and gas transactional work, the same negotiation and transactional skills discussed above are at the heart of the practice—along with knowledge of other languages. Differences exist, however. Attorneys must understand how completing a deal with another culture impacts the manner by which negotiations should proceed and how the contract actually gets drafted. With growing energy exploration opportunities currently emerging in Mexico, Houston-based energy attorneys are well-positioned to take advantage, particularly those who speak and understand Spanish. Coursework in International Petroleum Transactions surveys much of the needed information, including common contract provisions and how to structure various types of oil and gas agreements.

Oil and Gas Litigation

Disputes in the energy sector can arise in an endless variety of different contexts, from disagreements about mineral ownership, to royalties and bonus payments, to divergent opinions about the parties responsible for damages caused by oil and gas operations, including cleaning up oil spills. While transactional attorneys do everything they can to anticipate potential problems and account for or mitigate them in the transactions they do and the contracts they help negotiate and draft, disputes still arise frequently and need to be formally resolved.

Litigation attorneys practicing in this field must become equipped to resolve these problems through the courts or, where applicable, using alternative forms of dispute resolution. Additionally, litigation attorneys are well served by having an understanding of the oil and gas industry and oil and gas law. While many cases are filed or transferred to federal court (or federal bankruptcy court specifically, where relevant), others remain in state courts.

In addition to basic oil and gas courses, central coursework would include classes that review applicable procedure, pretrial discovery, motions practice, and trial advocacy. Additionally, many contracts have clauses that mandate the use of arbitration—particularly international transactions; accordingly, STCL Houston’s Arbitration course is recommended as well. Please consult the Civil Litigation & ADR Subject Overview and Pathway for additional information.

Regulatory Matters in the Oil and Gas Industry

The energy industry is regulated by numerous state and federal administrative agencies. There are many career opportunities available in these agencies and in the energy industry to deal with these agencies. New attorneys can benefit tremendously from working at these agencies because they will acquire knowledge and skills that make them particularly appealing to private sector firms and companies should they choose to make a lateral career move after serving in the government.

Even for those who do not desire to work in an administrative agency, energy attorneys regularly interface with these agencies and would benefit from understanding how they operate and what companies must do to comply with regulatory obligations. For this reason, coursework in Administrative Law and State & Local Government is highly recommended. Additionally, through the Government Process Clinic/Academic Internship, students can seek to arrange internships with local, state, or federal government agencies that address energy-related matters.

In Texas, the Railroad Commission—a name with historical roots that masks its current role in regulating the oil and gas industry—is both enormous and powerful. Other relevant agencies include the Electric Reliability Council of Texas, the Texas Commission on Environmental Quality, and the Texas Water Development Board. Also relevant is the General Land Office, which leases the twenty-two million acres owned by the state.

At the federal level, a principal agency is the Federal Energy Regulatory Commission, which regulates the interstate transmission of electricity, natural gas, and oil. Many other agencies also have regulatory oversight in this industry sector in various capacities, including the Department of the Interior, the Department of Energy, the Environmental Protection Agency, and the Department of Transportation, which is involved in the oversight of pipelines. The Bureau of Ocean Energy Management plays a role in managing offshore energy resources in the Gulf of Mexico.

Energy Careers Where a Law Degree is Advantageous

Some opportunities may be available in companies’ legal departments for newly minted attorneys, but many upstream companies tend to hire attorneys in-house who have several years of experience. That being said, opportunities exist directly out of law school in positions where having a J.D. is not required but companies recognize that a legal education provides a distinct advantage. Examples of such departments include compliance, contract administration, procurement, and human resources. In addition to working within an oil and gas company, there are many service providers where law school graduates may find career opportunities, addressing issues that range from procurement and value chain management to environmental concerns and ethical obligations.

This curricular pathway provides a progression of courses offered at South Texas College of Law Houston that are relevant to energy law.

	Core courses
	Recommended courses
BAR	Relevant bar examination topic
REQ	Required course for all students

Stage 1

Three semester hours credit. Normally offered three times each academic year.

Nature of ownership of oil, gas and other minerals; oil, gas and mineral leases; express and implied covenants; title and conveyance problems arising from transfers by fee owners and lessors; transfers subsequent to lease; pooling and unitization; and governmental regulation.

First year required course.

Relevant bar examination topic.

Three semester hours credit.

Overview of property law, including acquisition of rights in personal property, fixtures, estates in land and future interests, and landlord and tenant law.

Relevant bar examination topic.

Three semester hours credit.

Prerequisites: Property I.

Modes of transferring real estate, including contracts to transfer, problems affecting transfer, methods of title assurance, adverse possession, third-party interests in land, including easements, covenants and natural rights, and a brief introduction to deeds of trust and mortgages.

First year required course.

Relevant bar examination topic.

Three semester hours credit.

A study of the basic principles of contract formation and enforceability, including offer and acceptance, mutual assent, consideration, promissory estoppel, and the statute of frauds. The course also considers invalidating causes, such as incapacity, misrepresentation and fraud, duress, mistake, unconscionability, and illegality, and provides an introduction to remedies for breach of contract. The common law of contracts and the relevant provisions of the Uniform Commercial Code, including warranties and their disclaimer, are considered.

First year required course.

Relevant bar examination topic.

Three semester hours credit.

Prerequisites: Contracts I.

A continuation of the study of contracts, including remedies for breach of contract, interpretation of contract language, the parol evidence rule, performance and breach of contract, express and constructive conditions, excuse and discharge, impracticability and frustration of purpose, third party beneficiary contracts, and assignment and delegation. The common law of contracts and the relevant provisions of the Uniform Commercial Code are considered.

First year required course.

Relevant bar examination topic.

Three semester hours credit. Normally offered in fall and spring semesters.

This first part of the basic Civil Procedure course covers topics relating to civil litigation, including an introduction to the civil action, personal jurisdiction, notice and opportunity to be heard, subject-matter jurisdiction, venue, challenging jurisdiction, joinder, and supplemental jurisdiction.

First year required course.

Relevant bar examination topic.

Three semester hours credit. Normally offered in fall and spring semesters.

This second part of the basic Civil Procedure course covers additional topics relating to civil litigation, including choice of law in federal court, pleadings, discovery, adjudication without trial, jury trials, claim and issue preclusion, appellate review, and alternative dispute resolution.

Stage 2

Consider earlier courses plus one or more from below

Formerly Advanced Oil & Gas Law

Three semester hours credit. Normally offered twice each academic year.

Domestic Petroleum Transactions covers practical aspects of the U.S. oil and gas law regime, focusing on the relationship between energy companies and between energy companies and regulatory authorities. Topics of discussion include contracts and transfers by oil and gas lessees such as assignments, farmouts, operating agreements, purchase and sale agreements, and master service agreements. Oil and gas development on federal, state, and American Indian lands will be considered, as well as environmental regulation of the petroleum industry. Bankruptcy, energy finance, and land use control will also be covered, as well as purchase of domestic oil and gas assets by foreigners. The law of all producing states will be considered with some emphasis on Oklahoma and Texas, the two states with the largest bodies of oil and gas case law and which most often provide divergent views on various oil and gas issues.

Two semester hours credit. Normally offered twice each academic year.

Prerequisites: Oil, Gas, & Mineral Law.

The purpose of this course is to build upon the concepts learned in the introductory Oil, Gas, and Mineral Law course. This course will further acquaint students with advanced aspects of Texas oil, gas, and mineral law, and study the standard issues a Texas title examiner will frequently address when evaluating title for a client, along with typical comments and requirements found in a title opinion. Finally, students will partake in a practicum, evaluating a runsheet and accompanying documents, and will then draft an original title opinion for a fictitious oil and gas client.

Three semester credit hours. Offered periodically.

This is a survey course intended to serve as an introduction to the relevant issues in energy law. The course covers most aspects of energy not covered in others courses, including coal; water; nuclear power; the generation, transportation, and distribution of electricity; and the extraction and transportation of natural gas.

Two semester hours credit. Normally offered twice each academic year. Enrollment limited to 24 students.

This course is designed to provide students with the skills necessary to: (1) identify issues that should be negotiated in complex business contracts; (2) draft several key provisions to be included in the final contract as negotiated; and (3) negotiate a “real” business contract. A variety of assignments help to assure each student completes a variety of tasks that need to be integrated based on an appropriate level of legal issue analysis resulting in an effective and usable work product. Skill development also includes an appreciation of business and legal risks that need to be dealt with when negotiating and drafting.

Two semester hours credit. Normally offered three times each academic year. Enrollment limited to 24 students.

This course provides students an opportunity to develop, practice drafting, comment on, and redline the substantive portions of an agreement. The primary goal of the class is to teach students how to translate the terms of a business deal into contract concepts, and draft the contract to close the transaction. Specifically, students will learn how and when to use the basic contract building blocks: covenants, conditions, representations, warranties, rights, discretionary authority, and declarations. The basic parts of a contract will be analyzed in detail and students will learn how to (1) avoid legalese, (2) obtain clarity through document formatting and sentence structure, (3) prevent ambiguity, (4) understand the appropriate use of vague terms, and (5) use various other drafting considerations. Learning how the transactional attorney adds value to the deal by helping the client attain the client’s business goals while avoiding unacceptable risks will be covered as well as several typical ethics issues that arise in transactional work.

Two semester hours credit. Normally offered three times each academic year. Enrollment limited to 24 students.

Three semester hours credit. Offered periodically.

Survey of the basic relationship between federal, state, and local government; state constitutional authority for local government; land use, zoning and planning; municipal budgeting and finance; rights and duties of public officials and office holders and government tort immunity and liability.

Relevant bar examination topic.

Three semester hours credit. Normally offered three times each academic year.

A study of the legal doctrines governing the formation, operation, and termination of corporations, including the rights, duties, and obligations of shareholders, directors, and officers.

Relevant bar examination topic.

Three semester hours credit. Normally offered twice each academic year.

A study of the legal doctrines governing the formation, operation, and termination of agency relationships, partnerships, limited liability partnerships, limited partnerships, and limited liability companies, including the rights, duties, and obligations of owners and managers.

Three semester hours credit. Normally offered three times each academic year.

The course focuses on the advantages and risks associated with various methods of payment in commercial and consumer transactions. It surveys many of the state and federal statutes that impact common forms of payment (including checks, promissory notes, letters of credit, credit cards, debit cards, and other electronic fund transfers), with emphasis on Articles 3, 4, 4A, and 5 of the Uniform Commercial Code; the Federal Trade Commission Holder-In-Due-Course Regulations; the Truth in Lending Act and related Regulation Z; the Electronic Fund Transfers Act and related Regulation E; the Expedited Funds Availability Act and related Regulations J and CC; and the Uniform Customs and Practice for Documentary Credits.

Relevant bar examination topic.

Three semester hours credit. Normally offered three times each academic year.

The course deals with the law governing credit transactions secured by personal property collateral. It focuses on Article 9 of the Uniform Commercial Code, with particular emphasis on creating a security interest, protecting it against competing claims, and resolving priority disputes. The course devotes some attention to the creditor’s rights and remedies upon the debtor’s default, and it examines the effect of various provisions of the Bankruptcy Code on those rights and remedies when the debtor files for bankruptcy protection. The course also may examine the effect on secured transactions of Articles 2, 2A, and 8 of the Uniform Commercial Code; the Consumer Credit Protection Act; the Food Security Act; the law of fraudulent transfers; and the Federal Tax Lien Act.

Two semester hours credit. Normally offered once each academic year.

This course concentrates on the law and procedure of arbitration. Issues include arbitrability, separability, arbitral jurisdiction, non-signatory arbitral jurisdiction, compelling arbitration, FAA preemption, drafting, and analysis of arbitration agreements. Additional considerations of court review, confirmation, and vacatur of arbitral awards are also addressed. Students will be introduced to arbitration advocacy, practice skills, and procedure. The course will also provide a survey of specialized arbitration topics, including commercial, international, labor, employment, securities, and consumer arbitrations.

Two semester hours credit. Normally offered twice each academic year.

Prerequisites: Must have completed 45 semester hours and have taken or be concurrently enrolled in Texas Pretrial Procedure. These prerequisites will be strictly enforced.

The structure of the course involves students in preparing a realistic civil case against an opponent. Students engage in all aspects of pretrial discovery and motion practice, including client interview, attempts to settle, drafting pleadings, paper discovery, taking depositions, procedural and dispositive motions, and pretrial orders.

Two semester hours credit. Graded honors pass, pass, low pass, or fail. Normally offered as an intersession course.

This course is designed to provide students with the skills necessary to take and defend depositions. Students will explore why and when to take depositions; how to draft deposition notices for individual deponents, non-party witnesses, and corporate designees; how to draft successful deposition outlines; proper deposition questions and objections; and approaches to dealing with unruly and unprofessional opposing counsel during positions. Students will take and defend several mock depositions.

Stage 3

Consider earlier courses plus one or more from below

Three semester hours credit. Normally offered once each academic year.

This course examines the laws, legal issues and principle contracts utilized in the international oil and gas industry in respect to the exploration for, production and marketing of oil and gas. The class will survey: ownership of mineral rights internationally; the role of the National Oil Company and Government regulators; international legal due diligence; political and other risks associated with international investments; the forms and structure of host government agreements granting the right to explore and exploit oil and gas; the forms and structure of the principle contracts used in the international oil and gas industry, including Confidentiality Agreements, Study and Bid Agreements, Drilling Contracts, Service Agreements, Farmout Agreements, Joint Operating Agreements, Unitization Agreements and Oil and Gas Marketing Agreements; an examination of available industry model contract forms; sustainable development in oil and gas exploitation; environmental protection in international oil and gas exploration and exploitation; and extraterritorial reach of certain U.S. laws applicable to the international oil and gas industry, including anti-corruption laws, trade sanctions and export restrictions. The focus of the course is to provide practical knowledge of international oil and gas legal issues in contracts by working with actual international oil and gas contract.

Three semester hours credit. See Handbook for additional information, including prerequisites.

The problem model will involve a typical transaction in the oil and gas industry. The initial problem will be the “monetization” of an offshore floating oil and gas platform in the Gulf of Mexico. The company owning the platform plans to use its value to borrow money to fund drilling wells in an established reservoir. Students will learn generally about the offshore oil and gas industry, especially producing hydrocarbons from underwater fields and moving them onshore. The platform will be conveyed to a subsidiary which will use it as collateral for a loan from foreign investors. The original owner will pay the subsidiary a monthly fee to use the platform for production. Documents will include the conveyance of the platform to the subsidiary, the use agreement, the loan agreement, a pledge (security) agreement, and a legal opinion letter to the lender.

Three or four semester hours credit.

Prerequisites: Successful completion of all courses required for graduation (with the exception of the substantial writing requirement) and not less than 45 credit hours and a 2.8 grade point average. Completion of or concurrent enrollment in Texas Pretrial Procedure is recommended.

Students arrange their own placements with local governmental agencies. Potential placements include the Texas Attorney General’s Office, the legal department of the City of South Texas College of Law, the Harris County Attorney’s Office, the EEOC, the IRS, the Office of Homeland Security, and many others. These placements provide access to the South Texas College of Law legal community and give law students the opportunity to expand their professional skills and identify challenging and fulfilling work possibilities.

Three semester hours credit. Normally offered twice each academic year.

An introduction to the statutory and common law impacting pollution control and environmental protection. Emphasis is on federal legislation, such as the National Environmental Policy Act, the Clean Air Act, the Clean Water Act, the Resource Conservation and Recovery Act and the Comprehensive Environmental Response, Compensation and Liability Act.

Three semester hours credit. Normally offered once each academic year.

This course examines the ways in which federal natural resources are managed and preserved. Topics covered include the acquisition and disposition of public lands, management of mining interests, timber production, grazing and recreational use of federal lands, preservation of wilderness, wild rivers, and archaeological and historical artifacts, and management and conservation of wildlife and game, wild horses, and endangered species. Up to thirty percent of the grade in this course may be based on projects done during the semester.

Two semester hours credit. Normally offered once each academic year.

A general survey of private and public rights in water, their character, extent, regulation and enjoyment. Course coverage includes surface water, groundwater, interstate and international usage disputes, navigability and recreational use.

Three semester hours credit. Offered periodically.

A survey of the issues encountered by firms and individuals engaged in international trade, the exploitation of intellectual property rights and various forms of foreign direct investment. Topics covered include an introduction to international trade law (including the formation of U.S. trade policy), international sale of goods (including transportation and financing issues), distribution of goods, the protection and licensing of intellectual property rights, franchising agreements, investment rights (under customary international law, treaties and free trade agreements), investment regulation, investment arbitration, joint venture agreements, industrial works contracts, international corruption and the Foreign Corrupt Practices Act.

Three semester hours credit. Offered periodically.

The course provides an introduction to the major aspects of international commercial arbitration and covers the following topics: why arbitration is the most chosen form of dispute resolution in international commercial transactions; an introduction to institutional and ad hoc forms of international arbitration; the requirements for and the drafting of a valid arbitration agreement; the applicable laws and rules governing international arbitration; the roles played by courts in assisting international arbitration; the role of the arbitral panel; the arbitral process; the arbitration award and its enforcement; an introduction to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards and to the UNCITRAL Model Law on International Commercial Arbitration and the roles each plays in the arbitral system; and the specialized use of international arbitration (in international investment treaties).

Three semester hours credit. Offered periodically.

Prerequisite: Corporations.

Legal aspects of financing business enterprises including the legal problems of the public issue of securities, private debt, revolving lines of credit and venture capital. Asset and stock acquisitions will be considered, along with corporate merger and reorganizations.

Crossover bar examination topic.

Three semester hours credit. Normally offered once each academic year.

Prerequisites: None but prior or concurrent enrollment in Secured Transactions and Corporations is helpful.

This course is designed not only for those interested in bankruptcy practice, but also for those who anticipate that their practice will involve structuring commercial transactions or litigating business disputes. It examines both legal and financial aspects of business bankruptcy, focusing especially on the process of Chapter 11 business reorganizations. It will consider issues like the causes and prediction of business failures; the decision to seek protection under the bankruptcy laws or to use alternative methods for resolving financial problems; the permissible purposes for which Chapter 11 reorganizations may be used; the operation of the business during the reorganization proceeding; the negotiation and confirmation of a plan of reorganization; the rights of creditors and shareholders in the reorganization; the powers of the debtor-in-possession; valuation of the business; and related tax and financial issues. Students may take both this course and the Consumer Bankruptcy and Debt Collection course; there is very little overlap.

Three semester hours credit. Normally offered once each academic year.

Prerequisites: Federal Income Taxation.

Examination of the federal income taxation of business organizations that are classified as corporations for federal tax purposes and subject to subchapter C of the Internal Revenue Code. Topics include the federal tax classification of business organizations and the federal income tax treatment of corporate formations, operations, distributions, redemptions of stock, liquidations and reorganizations.

Three semester hours credit. Normally offered once each academic year.

Prerequisites: Federal Income Taxation.

Examination of the federal income taxation of business organizations that are classified for federal tax purposes as partnerships and Subchapter S corporations. Topics include the federal tax classification of business organizations; the formation, operation and termination of partnerships; sales and exchanges of partnership interests; operating and liquidating distributions by a partnership; and the federal tax rules governing eligibility for and operation as a Subchapter S corporation.

Professor of Law

Business Bankruptcy
Contracts I
Contracts II
Payment Systems

Kevin M. Yamamoto

Professor of Law

Corporate Taxation

STCL Houston – Sponsored Resources

CAREER RESOURCE CENTER/STCL HOUSTON

Visit the Career Resource Center to learn more about its services. Students can reach the CRC in person or online. The CRC is designed to assist students at any time during their journey through law school. It should be an integral part of every student’s Pathway to Practice.

Transactional Practice Certificate Program

The Certificate Program is one of the major programs of the Transactional Practice Center established to create and teach a core curriculum for training law students to become business lawyers. The Certificate Program is a multi-course sequencing of classes that allows students to develop a transactional practice concentration. The classes are comprised of core commercial law courses, a drafting course, and a capstone course built around a subject area (such as energy) and aimed at having students produce the documents that would form the transaction.

Any student interested in having a business planning and transactional practice should consider applying to participate in the Certificate Program after they have completed 30 credit hours and before they have completed 45 credit hours. A detailed description of the Certificate Program appears in the Student Handbook.

Clinics/Academic Internships

South Texas College of Law Houston offers numerous direct representation clinics and internship placements for credit.

Direct representation clinics offer students the opportunity to work on real-life issues and achieve resolution of a matter for actual clients. Some clinics are litigation-based and others are more transactional in nature. Students can hone lawyering skills that transcend a specific practice area. Additionally, students can learn about an area of practice, experience what it is like to appear before certain courts, and gauge whether they are truly interested in pursuing a career in a particular field.

Academic internships also offer students the opportunity to learn about practice in state and federal courts, governmental agencies, public interest groups, and non-profit and other non-governmental organizations. Additionally, academic internships can provide students with networking opportunities.

Clinics/Academic Internships relevant to this practice area include:

Government Process Clinic/Academic Internship

COMPETITIONS

South Texas College of Law Houston has a nationally renowned Advocacy Program that has won more competitions than any other law school in the nation. Participating in one of the numerous mock trial and moot court competitions is certainly beneficial for anyone seeking a career in litigation. Many competitions concern problems in specific fields of practice that are particularly useful for students interested in pursuing a career in that area. More broadly, competitions provide students with an opportunity to further refine their research, writing, and analytical skills, which are relevant to practice in general.

The Frank Evans Center for Conflict Resolutioncoordinates many competitions each year in the areas of negotiation, mediation, and arbitration. The program has developed a consistent track record of winning both domestic and international competitions, with more than ten first-place finishes in recent years. Students would benefit from participating in these competitions in the numerous fields of practice where alternative dispute resolution is regularly employed. Since 2015, the Frank Evans Center, in conjunction with STCL Houston’s Oil and Gas Law Institute, has hosted the Energy Law Negotiation Competition.

The Transactional Practice Center also coordinates several student competitions. These competitions are specifically geared to students who want to gain experience negotiating and drafting contracts, and learn about business transactions in general.

LAW REVIEWS AND JOURNALS

Law reviews and journals provide tangible benefits on two fronts: acquiring skills and attaining employment. As to acquiring skills, law reviews and journals provide students with an opportunity to further refine their research and writing ability. Law reviews and journals can also help students secure employment because they serve as signaling devices for perceived research and writing skills—this is particularly true for large law firms, the judiciary, and certain government agencies. The student publications relevant to this practice area include:

STUDENT ORGANIZATIONS

South Texas College of Law Houston has numerous student organizations that focus on specific areas of law. Participation in a student organization allows students to learn more about the subject matter of the field and about employment opportunities. The student organizations relevant to this practice area include:

Oil & Gas Law Society

External Resources

JOB LOCATORS

Databases and links that focus on providing information about employment in this practice area:

Federal Employment Honors Programs

Many government agencies have so-called “honors programs” for recruiting and hiring new attorneys. Students should be mindful of the deadlines for applying to honors programs, which are often one year in advance of employment. The honors programs relevant to this practice area include:

BAR ASSOCIATIONS AND ORGANIZATIONS

Bar associations and organizations—local, state, and national—provide students with many services. Most offer access to information about the relevant areas of law. At the local level, students can also benefit from the opportunity to attend events and conferences. Importantly, these events and conferences provide students with chances to network in the profession, which may lead to employment opportunities. These organizations also provide information on continuing legal education (CLE) programs that may be relevant to practice in different areas of law. The bar associations and organizations relevant to this field include:

Bar associations also provide students with opportunities to attend programs and network for free. Some bar associations have formal student sections that are free to join or they provide significant discounts to students. The relevant student pages include:

GOVERNMENT AGENCIES

Federal and state government websites relevant to this subject matter of the pathway include:

BLOGS AND SOCIAL MEDIA

A listing of websites that provide information pertaining to this practice area, often from a practice-oriented perspective: