How Will the Shale Litigation Boom Affect Your Operations?

The sudden price collapse, global recession and enduring pandemic set this downcycle apart from previous troubles, but the steps leading to bankruptcy filings remain the same. Oil and gas litigators explain how they are guiding their clients.


(Source:; Patrish Jackson, Martin Bergsma, Halytskyi Olexandr, Kostsov/

In some ways, the “new normal” oil and gas downcycle resembles the old normal.

“We are seeing expected trends in unprecedented times,” Reagan Marble, who specializes in complex energy litigation and transactions in Jackson Walker’s San Antonio office, told So, whether it is a global pandemic/recession/price war or a garden-variety glut, the legal fallout follows a pattern.

Three trends of litigation have emerged since the March 9 crash, Marble said, that apply to oil and gas companies, as well as landowners:

  • Lease termination disputes;
  • Post-production cost disputes; and
  • Bankruptcy.
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Joseph Markman

Joseph Markman, senior editor for Hart Energy, covers markets and provides data analysis for all Hart Energy editorial products.