Arbitrator, Attorney
Counselor, Mediator

Houston, Texas

Professional History                 


  • ​December 1, 2016 to present: Everard A. Marseglia, Jr., marseglialaw.com, Arbitrator, Attorney, Mediator, Counselor
  • June 1, 2006 to December 1, 2016: Of Counsel, Liskow & Lewis, APLC
  • 1995-2006; Partner, Burns, Wooley, Marseglia & Zabel, L.L.P.
  • 1980-1995; Partner/Associate, Butler & Binion, L.P.
  • 1978-1980; Assistant General Counsel for Interpretations and Rulings, Department of Energy, Office of General Counsel
  • 1974-1978; Acting Deputy Assistant General Counsel for Petroleum Regulations/Attorney Advisor, Price Regulations, Federal Energy Administration and Department of Energy, Office of General Counsel
  • 1973-1974; Law Clerk, Hon. Malcolm R. Wilkey, U.S. Court of Appeals for the District of Columbia
  • 1972-73; Law Clerk, Hon. Luther W. Youngdahl, U.S. District Court for the District of Columbia.

Everard

Marseglia, Jr.


marseglialaw.com












Practice Experience                         

  • General crude oil, natural gas and energy transactional and litigation practice on behalf of independent and major producers, both domestic and international (96% of practice devoted to energy matters)

   Practice Experience includes

  • Acquisition, structuring and divestiture of oil and gas interests
  • Leases
  • Construction disputes
  • Indemnification agreements
  • Seismic disputes
  • Exploration, transportation and marketing agreements
  • Pooling and unitization
  • Conveyancing instruments
  • Assignments
  • Farmouts
  • Joint operating agreements
  • International concessions
  • Joint interest accounting and audits
  • Royalty, drainage and marketing claims by lessors against lessees
  • Title, land and property issues
  • Exploration, production and marketing
  • Preferential purchase rights
  • Operator removal litigation and advice.

   Additional Experience includes

  • Regulatory programs of the Federal Energy Regulatory Commission (FERC) (Natural Gas Act of 1938, Natural Gas Policy Act of 1978, and Natural Gas Wellhead Decontrol Act of 1989)
  • Ad valorem tax litigation
  • Regulatory programs of the Railroad Commission of Texas (Common Purchaser Act); Department of Energy (DOE) (Emergency Petroleum Allocation Act of 1973, as amended); Departments of the Interior and Transportation (Mineral Leasing Act, Outer Continental Shelf Lands Act, Federal Oil and Gas Royalty Management Act of 1982, Natural Gas Pipeline Safety Act of 1968, Hazardous Materials Transportation Act of 1974 and Hazardous Liquid Pipeline Safety Act of 1979); Environmental Protection Agency (EPA) (Clean Air Act and lead phase-down regulations); Internal Revenue Service (IRS) (Crude Oil Windfall Profit Tax Act of 1980 and Tax Reform Act of 1976); Department of Commerce (Export Administration Act of 1969 (International Boycotts); U.S. Treasury and State Department (International Security and Development Cooperation Act of 1985); and Foreign Sovereign Immunities Act of 1976, 28 U.S.C. 1603-1611. 


Alternative Dispute Resolution Experience

  • Has served as arbitrator and mediator in oil and gas disputes involving lease termination issues, purchase and sale agreements, operating agreements, exploration and participating agreements (contract and regulatory)
  • Served as arbitrator in complex insurance dispute involving retail brokerage, surplus lines coverage, wholesale brokers, London broker and London insurer
  • Served as arbitrator in dispute concerning stock conversion and rights of minority shareholders. Has served as arbitrator in dispute concerning purchase and sale of bio-fuels
  • Chaired Arbitration Panels addressing operator and non-operator disputes, power purchase contracts, and well damage claims by operator against well service company.
  • Represented parties in arbitration of Gulf of Mexico and international joint operating agreement disputes, including overriding royalty interests.

Alternative Dispute Resolution Training

  • AAA Best Practices in Commercial Arbitration, 2017
  • AAA Challenges at the Preliminary Hearing, (ACE006), 2016
  • Chairing an Arbitration Panel: Managing Procedures, Process & Dynamics (ACE005), 2015
  • AAA What We Have Here is a Failure to Communicate 2014
  • AAA/CCA/JAMS, Managing a Successful Arbitration, 2013
  • AAA Regaining Speed and Economy in Dispute Resolution, 2011
  • AAA, The Ethics Behind "Better, Faster, Cheaper" in ADR, 2011
  • AAA Arbitration Awards: Safeguarding, Deciding & Writing Awards (ACE001) 2009
  • AAA Arbitrator I Training - Fundamentals of the Arbitration Process, 2005.


Professional Licenses and Bar Admissions         

  • District of Columbia, 1973
  • Texas, 1983
  • United States District Court: Northern, Southern and Western Districts of Texas
  • United States Court of Appeals, District of Columbia and Fifth Circuits
  • United States Court of Federal Claims
  • Supreme Court of the United States


Professional Associations

  • The Center for American and International Law, Institute for Energy Law, Energy Arbitrators List
  • Energy Bar Association (Committees on Energy Litigation and Alternative Dispute Resolution)
  • Houston Bar Association (Oil, Gas and Mineral Law Section, Chair 2006-07)
  • American Bar Association (Litigation Section; Construction Litigation Committee)
  • Association of International Petroleum Negotiators.


Education                            

  • The American University, BS, Business Administration 1969
  • Washington College of Law, JD-1972


Publications and Speaking Engagements
   PUBLICATIONS

  • "Everybody Out Of The Pool- Not So Fast-Wagner & Brown v. Sheppard," State Bar of Texas, Oil, Gas and Energy Resources Law Section Report, vol. 33, no. 2, December 2008
  • DIAMONDS MAY NOT BE THE ONLY THINGS THAT ARE FOREVER, The Texas Supreme Court announces its decision in Wagner & Brown v. Sheppard
  • "Offshore Gathering, The Jupiter/Transco Cases," ENERGY LAW JOURNAL, vol. 29, no. 2, 2008
  • "The Rule of Capture Trumps Subsurface Trespass - Finally a Decision in The Garza Case," State Bar of Texas, Oil, Gas and Energy Resources Law Section Report, vol. 33, no. 1, September 2008
  • "Finding Profit in a Windfall of Memories," INT'L ENERGY LAW & TAXATION REVIEW, March 2006; State Bar of Texas, Oil, Gas and Energy Resources Section Report," September 2005
  • "Lessors' Continuing Attempts to Share in Gas Contract Settlements: Is the End in Sight, or Are Things About to Get Interesting?," Dallas Bar Association, Energy Law Section, REVIEW OF OIL AND GAS LAW XII, Aug. 1997
  • Co-author, ENVIRONMENTAL LAW SIMPLIFIED, A PRACTICAL GUIDE FOR OIL & GAS OPERATIONS, PennWell, 1993
  • "DOE Definitions and Windfall Profit Taxation of Crude Oil," OIL AND GAS REGULATION ANALYST; "Take-or-Pay, The Producer's Perspective," OIL & GAS LAW AND TAXATION REVIEW, vol. 6, issues 4 and 5, 1987/1988
  • "'Non-Consent Penalty' or 'Consent Bonus?' Reflections on the Valence Case."


   SPEAKING ENGAGEMENTS

  • "What You Thought You Meant When You Signed that Purchase and Sale Agreement: Reflections on a Deal that Didn't Close (And One that Still Hangs Around)," Liskow & Lewis Breakfast Forum Series, September 2012
  • "Understanding Areas of Mutual Interest and Preferential Purchase Rights," Advanced Oil, Gas and Energy Resources Law Course, October 2009
  • "The Rule of Capture Trumps Subsurface Trespass-Finally a Decision in the Garza Case," 35th Annual Ernest E. Smith Oil, Gas & Mineral Law Institute, March 2009
  • "Arbitration 101: Drafting Effective Provisions and Arbitrating Under Them," various Liskow & Lewis Client Seminars, February 2009, August 2008
  • "The JOA Divorce: Litigating Preferential Rights and Operator Removal Provisions," Liskow & Lewis 2007 Oil & Gas Seminar, October 2007
  • "Lease Provisions Giving Rise to Royalty Controversies in the Oil and Gas Industry," Professional Dev. Inst., Univ. of North Texas, National Oil and Gas Royalty Conference, Nov. 1997
  • "Current Issues in Royalty Litigation," Dallas Bar Association, Energy Law Section, Nov. 1996
  • "Current Royalty Issues (Lenape)", Dallas Bar Association, Energy Law Forum, Feb. 1996
  • "Current Issues In Federal Royalty Management," 41st Mineral Law Institute, Louisiana State University Law Center, Mar. 1994
  • "Strategies and Procedural Issues in Royalty Cases," Rocky Mountain Mineral Law Foundation, Apr. 1993
  • "Recent Developments in U.S. Oil and Gas Royalty Law," Mobil Oil Corporation, Worldwide E&P Lawyers Meeting, Sept. 1991
  • "Gas Contract Litigation: Selected Royalty Owner Considerations, FERC Deregulation 'Score Card,'" ABA Section of Natural Resources, Energy and Environmental Law, Comm. on Natural Gas Marketing and Transportation, Apr. 1991
  • "Impact of the Nullification of FERC Order 451 and the Remand of Order 500," The Nat. Gas Disputes and Lit. Inst., May 1990
  • "FERC Orders 500 and 451: Their Checkered Pasts and Uncertain Futures," May 1990
  • "Gas Litigation," Nat. Gas Lit. Inst., Mar. 1988.