In the News

Haynes and Boone in Law360: Royalty Ruling Boosts Energy Cos. In Permian Basin Fights

A Texas Supreme Court opinion allowing Occidental Permian Ltd. and other oil and gas producers to charge royalty owners for their share of removing carbon dioxide from natural gas is a significant win for the energy industry as enhanced recovery methods become more common, lawyers say. >>



Recent Publications

Oil and Gas Litigation Newsletter, July 2014

The newsletter of the Oil and Gas Litigation Practice Group of Haynes and Boone, LLP. >>

Texas Supreme Court Clarifies Royalty Calculations for Enhanced Oil Recovery

In French v. Occidental Permian, Ltd., No. 12-1002 (Tex. June 27, 2014), the Texas Supreme Court provided guidance on how to calculate royalties where production is obtained through an enhanced recovery technique like the injection of carbon dioxide (CO2). >>

Law360 Guest Article: Texas High Court Continues To Rule In Favor Of Lessees

The lessee can make reasonable use of the surface over a pooled lease. >>

Texas Supreme Court Holds that Mineral Lessee Has the Right to Use a Road across Non-Producing Pooled Tracts

The Texas Supreme Court has held that a mineral lessee enjoys surface rights over a pooled tract even if that tract is not producing oil or gas. Key Operating & Equip., Inc. v. Hegar, No. 01-10-00350-CV, 2014 WL 2789933 (Tex. Jun. 20, 2014). >>



Donald D. Jackson

Partner

Houston


1221 McKinney Street
Suite 2100
Houston, 77010
T +1 713.547.2026
F +1 713.236.5645

Áreas de Practica

Educación

  • J.D., University of Texas at Austin School of Law, 1993, with honors; Order of the Coif; Article and Notes Editor, Texas International Law Journal; E. Ernest Goldstein Best Editor Award
  • Chemical Engineer, M.S.Ch.E., University of Houston, 1984
  • B.S., Southern Methodist University, 1981, magna cum laude; Phi Beta Kappa

Bar Admissions

  • Texas
  • U.S. Patent and Trademark Office

Court Admissions

  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. District Court for the Southern District of Texas
  • U.S. District Court for the Eastern District of Texas
  • U.S. District Court for the Western District of Texas

Idiomas

  • Inglés
  • Alemán
Donald D. Jackson

Don Jackson has more than 20 years of wide-ranging litigation experience with particular emphasis on energy industry and intellectual property matters. His energy litigation experience includes disputes over royalties, prudent operations, lease terminations, joint operating agreements, product liability, and removal of the operator. Don's intellectual property litigation experience includes patents, copyrights, trademarks, and trade secrets. He also has extensive experience representing industry-leading companies in lawsuits involving business torts, eminent domain, and defamation.

Don is recognized in The Best Lawyers in America® for his work in Product Liability Litigation, 2012-2015. He was recognized as a Texas Super Lawyer in Energy & Natural Resources, Business Litigation, Intellectual Property Litigation, 2013. Don was selected for inclusion in Houston Business Journal's list of Who's Who in Energy, 2013. Don also has a peer rating of AV® Preeminent™ 5.0 out of 5 by Martindale Hubbell.

Don's engineering and science background is an advantage when prosecuting complex cases, as shown by his many successful representations, some of which include the following:

  • Lead counsel for an offshore platform operator suing a lifeboat vendor for warranty claims and obtained a substantial recovery.
  • Co-counsel for a refining technology company and obtained a permanent injunction and damages against a former executive who misappropriated a trade secret catalyst formula.
  • As lead counsel, defended world’s largest fertilizer manufacturer and obtained complete dismissal of claims for breach of contract and tortious interference.
  • As lead counsel, represented small independent operator damaged by defective well casing and obtained substantial settlements from multiple supply chain defendants.
  • As co-counsel, represented small independent against major operator for joint operating agreement violations and obtained substantial settlement from defendant buyer and seller of multi-million dollar working interests.
  • As lead counsel, represented pipeline affiliate of supermajor energy company in arbitration and recovered $4.3 million arbitration award against manufacturer of defective valves.
  • As lead counsel, defended start-up oilfield service company and former employees of rival oilfield service company in trade secret/fiduciary duty dispute and achieved "walk-away" after filing counterclaims against the former employer.
  • As lead counsel, prosecuted major energy company's trademark infringement claim and obtained permanent injunction resulting in elimination of defendant's website.
  • Partnered with other law firms as a team leader to represent the world's largest contract semiconductor manufacturer in trade secret litigation to obtain a $200 million settlement for the client.
  • As lead counsel, represented independent oil and gas operator in multiple lease termination disputes and negotiated lease extensions.
  • As lead counsel for a small independent oil and gas operator, obtained favorable settlement of cost overrun disputes with working interest owners.
  • As lead counsel, represented small independent working interest owner and successfully removed the operator for misappropriating joint interest funds.
  • Defended European software provider in patent infringement lawsuit and obtained favorable settlement after initial discovery and reexamination of patents.
  • Represented world's largest energy drink provider in trademark infringement lawsuit and obtained permanent injunction and damages.
  • Represented small independent oil and gas company in dispute with operator over offshore plugging and abandoning costs.
  • Defended major chemical company in patent infringement lawsuit and obtained favorable settlement.
  • Represented small independent working interest owner and obtained favorable settlement against operator, a major energy company, in dispute over damaged wells and breach of operating agreement.
  • As lead counsel, represented major Japanese machinery manufacturer in trade secret litigation against former employees and secured permanent injunction.
  • Defended gas marketing affiliate of supermajor energy company accused of fraud and obtained favorable settlement after month-long jury trial.
  • As lead counsel, defended nation's second largest energy trading company accused of copyright infringement and obtained favorable settlement after filing summary judgment motion.
  • As lead counsel in trademark infringement lawsuit represented nation's largest funeral service company and obtained permanent injunction and damages.
  • As lead counsel for trading affiliate of supermajor energy company obtained favorable settlement of claims against major energy company for underpayment of oil purchases.
  • Represented gas marketing affiliate of supermajor energy company in consumer class action that resulted in dismissal.
  • Lead counsel at trial and on appeal for the Unauthorized Practice of Law Committee - permanent injunction against defendant affirmed. Kubala v. Unauthorized Practice of Law Committee for the Supreme Court of Texas, 133 S.W.3d 790 (Tex. App. -Texarkana 2004, no pet.).
  • Represented pipeline affiliate of supermajor energy company in numerous eminent domain cases and obtained rights-of-way.
  • Defended book publisher and authors in defamation suit at trial and on appeal, resulting in take nothing judgment. Harvest House v. The Local Church, 190 S.W.3d 204 (Tex. App. -Houston [1st Dist.] 2006, pet. denied).

Before law school, Don was an engineer for Exxon and developed oil and gas fields in Texas and Alaska. He received a Texas professional engineer's license, has degrees in Chemistry and Chemical Engineering, and is a registered patent attorney.

Professional Organizations and Memberships

  • State Bar of Texas
  • Registered to practice before U.S. Patent and Trademark Office
  • Houston Bar Association, Chair, Oil, Gas & Mineral Law Section (2010-2011)
  • Houston Intellectual Property Law Association
  • Houston Bar Foundation, Fellow

Selected Representative Experience


Successful Prosecution of Breach of Warranty/Contract Claims
Represented a major oil company operator as plaintiff in a lawsuit and obtained a $4.7 million net recovery against a vendor for breach of warranty and breach of contract. The oil company purchased lifeboats for a new deep water offshore production platform and required the lifeboats be U.S. Coast Guard approved. The U.S. Coast Guard, however, refused to approve the lifeboats after two of the boats failed during offshore commissioning and a subsequent investigation revealed design and manufacturing defects. The platform operator incurred significant damages due to construction delays caused by the lack of usable lifeboats. After a favorable settlement, the operator’s recovery from the vendor represented many multiples of the purchase price of the lifeboats.

Settlement of a Trade Secrets Misappropriation Lawsuit
Secured a favorable settlement of a trade secrets misappropriation lawsuit in federal district court in North Carolina. Haynes and Boone represented the plaintiff, a technology company headquartered in Houston. On the third day of the jury trial, the defendants, a former plaintiff executive and his new company, announced their consent to an agreed permanent injunction and agreed to dismiss all of their counterclaims, pay all of plaintiff’s damages, surrender their inventory, and pay a portion of plaintiff’s attorney’s fees. The case involved the misappropriation of the formula for a proprietary catalyst used to treat hydrocarbons at refineries worldwide. The former executive claimed to have independently developed the formula after leaving the company, but shortly before trial began the formula was discovered in a spreadsheet that proved defendants’ claim was untrue.

Preferential Right Dispute
Represented defendant non-operator in preferential right dispute over assignments of working interest to other non-operator.

Haynesville Shale Lease Disputes
Litigated oil and gas lease dispute brought by lessors against lessees related to Haynesville shale leases and the alleged termination of leases pursuant to a horizontal severance clause despite continuous operations on the leased lands. Obtained favorable settlement and lease extensions.

Petroleum Trading Company Facing Underpayment Claims
Represented petroleum trading company in claims for underpayment of crude purchases in California. Obtained favorable settlement after filing suit.

Arbitration Over Breach of Warranties
Obtained a $4.3 million arbitration award for supermajor pipeline company affiliate after 2 weeks of arbitration hearings and collected 100 percent of the award against an international manufacturer of defective valves. The respondent vigorously contested liability and damages, which arose from a defective valve trapping an in-line-inspection tool and caused interruption in shipments on a major products pipeline in the southeastern United States. The award represented the pipeline company’s actual damages, attorneys’ fees, expert fees, and costs, as well as pre-award and post-award interest. Most of the award was for consequential damages that far exceeded the purchase price of the defective valves.

Cost Overrun Dispute
Represented oil and gas operator and obtained favorable settlement of cost overrun disputes with working interest owners.

Synthetic Drilling Mud
Represented offshore oil and gas operator in dispute over synthetic drilling mud use and costs. Obtained confidential seven-figure settlement payment to client.

Harvest House Publishers v. The Local Church, 190 S.W.3d 204 (Tex. App. - Houston [1st Dist.] 2006, pet. denied)
In an interlocutory appeal following the trial court’s denial of summary judgment, obtained rendition of a take-nothing judgment for a media defendant in a defamation case.

Tri-Union Development Corporation - Chapter 11
Representation of an operating oil and gas exploration debtor company in reorganizing its secured, unsecured and governmental obligations associated with the operation of onshore and offshore oil and gas properties. Included in the representation was an analysis of hedged positions for the sale of physical oil and gas production in a rising market, the restructuring of significant second lien secured bond indebtedness held under trust indenture, and the negotiation and resolution of substantial onshore and offshore plugging and abandonment and environmental obligations owed to state and federal authorities. Included in the proceeding was litigation over payment of royalty claims, litigation concerning the design and resolution of decommissioning obligations for offshore platforms and wells, and litigation with co-owners and other parties in interest over continuation of oil and gas leases and farm out agreements. Reported decision in the case addressing satisfaction of offshore well obligations: In re Tri-Union Dev. Corp., 314 B.R. 611 (Bankr. S.D. Tex. 2004) and In re Tri-Union Dev. Corp., 349 B.R. 145 (Bankr. S.D. Tex. 2006)

Exploration Trade Secret Claims
Represent defendant non-operator in tortious interference/equitable rescission dispute over erroneous assignments of oil and gas leasehold interests and trade secret claims related to a geologist now working for client's competitor.

Removal of Operator from Joint Operating Agreement
Succeeded in removal of an operator under an AAPL-form joint operating agreement for non-payment of contractor invoices and misappropriation of joint interest billing collection and placed client in desired position of operator.

Oilfield Services Trade Secret Dispute
Defended start-up oilfield service company and former employees of rival oilfield service company in trade secret/fiduciary duty dispute and achieved "walk-away" after filing counterclaims against the former employer.

Semiconductor Trade Secret Litigation
Partnered with other law firms to represent a major international semiconductor-manufacturing company - Taiwan Semiconductor Manufacturing Company (“TSMC”) - in a trade-secret case pending in California state court against a Chinese fab, SMIC.

Cash Collateral for Drilling and Workovers
Represented secured creditor in several evidentiary hearings concerning the use of cash collateral for drilling and workovers during bankruptcy case. Successfully obtained multiple orders precluding the use of cash collateral for risky drilling and workovers.

Breach of Fiduciary Duty
Defended natural gas company against breach of fiduciary duty claims arising from sale of a gas pipeline business. Obtained favorable settlement after month of trial.

Non-Consent Penalties
Represented bankrupt oil and gas working interest owner in dispute over non-consent penalties for proposed oil and gas operations and obtained favorable settlement.

Tortious Interference/Equitable Rescission Dispute
Represent defendant non-operator in tortious interference/equitable rescission dispute over erroneous assignments of oil and gas leasehold interests.

Replacement of Well Operator
Represented working interest owner and successfully removed the operator for misappropriating joint interest funds and installed client as the new operator.

Online Publications

07/31/2014 - Oil and Gas Litigation Newsletter, July 2014
The newsletter of the Oil and Gas Litigation Practice Group of Haynes and Boone, LLP.

07/02/2014 - Texas Supreme Court Clarifies Royalty Calculations for Enhanced Oil Recovery
In French v. Occidental Permian, Ltd., No. 12-1002 (Tex. June 27, 2014), the Texas Supreme Court provided guidance on how to calculate royalties where production is obtained through an enhanced recovery technique like the injection of carbon dioxide (CO2).

07/01/2014 - Law360 Guest Article: Texas High Court Continues To Rule In Favor Of Lessees
The lessee can make reasonable use of the surface over a pooled lease.

06/23/2014 - Texas Supreme Court Holds that Mineral Lessee Has the Right to Use a Road across Non-Producing Pooled Tracts
The Texas Supreme Court has held that a mineral lessee enjoys surface rights over a pooled tract even if that tract is not producing oil or gas. Key Operating & Equip., Inc. v. Hegar, No. 01-10-00350-CV, 2014 WL 2789933 (Tex. Jun. 20, 2014).

04/04/2014 - Oil and Gas Litigation Newsletter, April 2014
The newsletter of the Oil and Gas Litigation Practice Group of Haynes and Boone, LLP.

03/04/2014 - Predicting Litigation Trends in Oil & Gas
Webcast presented for the State Bar of Texas, March 4, 2014.

02/04/2014 - E&P Magazine Guest Article: Mitigating Casing Failure Problems
A single joint of defective casing can cost an operator millions. Fortunately, there are steps an operator can take to mitigate this risk and maximize the chance for full compensation if the casing fails. An operator can protect itself by implementing procedures for purchasing, record keeping, and the inspection of casing.

05/10/2012 - Petroleum-Engineering Firm Could Be Liable for Reserve Estimates
In its 2012 decision in Highland Capital Management v. Ryder Scott Co. and Chesapeake Energy Corp., the Court of Appeals for the First District of Houston reversed a summary judgment for the defendants and held that a petroleum-engineering firm could be liable under the Texas Securities Act (TSA) for providing estimates of oil-and-gas reserves to be included in an oil and gas exploration company’s Securities Exchange Commission (SEC) filings.

11/15/2010 - The Bureau of Ocean Energy Management, Regulation and Enforcement’s New Safety Environmental Management Systems Rule
On October 15, 2010, the Bureau of Ocean Energy Management, Regulation and Enforcement (“BOEMRE”) issued a final rule that makes mandatory and expands API RP 75, a voluntary industry standard initially promulgated in the 1990s, that addresses the management of safety and environmental risks associated with Outer Continental Shelf (“OCS”) operations and facilities.

05/13/2010 - To Have Committed Inequitable Conduct or Not? That is the Question - to be Answered
The U.S. Court of Appeals for the Federal Circuit, which hears all U.S. patent infringement appeals, issued an order on April 26, 2010 requesting briefs from the parties in Therasense, Inc. v. Becton, Dickinson, and Co. (appeal no. 2008-1511) to consider en banc the standards by which courts should find “inequitable conduct.”

01/27/2010 - Litigation Risk and Liability Danger from False Patent Marking in View of Forest Group, Inc. v. Bon Tool Co.
In a case arising from the Southern District of Texas, the Federal Circuit recently issued an opinion that highlights the risks associated with marking products with patent numbers. See Forest Group, Inc. v. Bon Tool Co., No. 2009-1044 (Fed. Cir. Dec. 28, 2009) (slip opinion). 

01/19/2010 - The IP Beacon, January 2010
A Haynes and Boone Newsletter highlighting current issues in Intellectual Property Law.

01/11/2010 - Taiwan Semiconductor Manufacturing Deposits a Trade Secret Win over SMIC

05/22/2009 - Operator Removal Under the 1989 Form "Joint Operating Agreement" in Texas
In the current difficult economic climate, the number of operators having problems making timely payment to contractors for oilfield services is increasing. Litigation over whether certain exploration and production activities of an operator constitute a violation of the “good and workmanlike” standard has often ended favorably for operators. However, questions related to the financial obligations of an operator are different in recent case law.

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