2014 IADC Contracts & Risk Management Conference

Start: 14 October 2014
End: 15 October 2014

Venue: Norris Conference Center – CityCentre
Location: Houston, TX, USA

Conference Sponsors

 
 

Registration Information

Advanced registration for this event is closed.
Please see IADC staff onsite for door registration.

  • Registration for this event is $475 per attendee.
  • Federal government employees may be eligible for a 50% discount on conference registration.

Conference Links

For registration inquiries, please contact Josh Sanchez at joshua.sanchez@iadc.org or +1.713.292.1945.

Click here for the Roster of Attendees as of 6 October 2014.

Introduction

This conference explores pertinent issues affecting contracts and risk management within the drilling industry. Speakers report on market issues, contract provisions, new contract requirements and indemnification issues, to name a few.

Earn CLE’s!
IADC has been approved for 9.00 Participatory Hours (including .75 Ethics Hours) by the State Bar of Texas, 8.75 Participatory Hours (including .75 Ethics Hours) by the Louisiana Supreme Court and 11.00 Participatory Hours (including 1.00 Ethics Hour) by the State Bar of Oklahoma.

Conference Program

Tuesday, 14 October 2014

7:30 am   Red Oak Ballroom AB
Registration & Coffee Service   Sponsored by Ensco plc

7:45 am   Magnolia Room
Speaker Briefing (Speakers, Moderators & Session Chairs only)

8:30 am   Magnolia Room
Welcome & Introduction

  • John Buvens, Chair, IADC Contracts Committee; Executive VP, Legal, Rowan Companies plc

IADC Contracts Committee Update: John Buvens, Chair, IADC Contracts Committee; Executive VP, Legal, Rowan Companies plc

IADC Onshore Contract Revisions: Ernie Nelson, Vice Chair, Land, IADC Contracts Committee; VP Contracts, Nabors Drilling USA

9:00 am
Session Chair: John Buvens, Chair, IADC Contracts Committee; Executive VP, Legal, Rowan Companies plc
Keynote Presentation:  Rick Burleson, Managing Partner, Burleson LLP

9:30 am
Pollution Liabilities: Clare Kempkens, Partner, Jeremy Farr, Ince & Co LLP
The well source pollution liabilities faced by drilling contractors are extreme. Contractors are almost entirely reliant on their contractual indemnities from operators to protect them against these liabilities. Those indemnities are often not fit for purpose and they will not protect against operator insolvency. This presentation looks at what can be done about the problem and what the trade-offs in any solution might be.

10:00 am
Mexico’s Energy Reform: Strategic Framework Agreement: Cesar Hernandez, General Manager, OTS International Inc
An overview of reform legislation and the possible impacts to Mexican oil & gas development will be presented. The presentation will include discussion of where the best opportunities lie for new players, new possibilities in development, general market overview, workforce, pre and post Reform business models and opportunities, legislation, alliances and value chain integration.

10:30 am   Red Oak Ballroom AB
Coffee Service   Sponsored by Ensco plc

10:45   Magnolia Room
Session Chair: Mike DuBose, Vice President – International Development, IADC
Update on Risk Allocation in the Oilfield

  • Chris Evans, Partner & Mark Spansel, Partner, Adams and Reese LLP
    An overview of recent case law dealing with indemnity and insurance issues important to anyone working with drilling contracts will be presented. A discussion of topics such as: indemnity for gross negligence, intentional torts and punitive damages; indemnity for contractual indemnity obligations; indemnity for contractors and sub-contractors; and the relationship between indemnity and release language. Also included is a discussion of recent decisions regarding the application of the Louisiana Oilfield Indemnity Act to particular contracts for operations on the Outer Continental Shelf and contracts that pertain to a well, as defined by the Act.
  • Marvin Moos, Partner, Ebanks Horne Rota Moos LLP
    A review of recent opinions addressing indemnity and contract issues pertaining to onshore drilling contracts and master service agreements will be presented. This will include the enforceable scope of indemnity language; contractual indemnity obligations; contractor and sub-contractor issues; liability to non-contracting parties; and express negligence issues.

11:45 am   Red Oak Ballroom AB
Luncheon   Sponsored by Atwood Oceanics

1:00 pm   Magnolia Room
Issues in the Wake of the Macondo Spill
Moderator: Steve Roberts, Partner, Sutherland Asbill & Brennan LLP
An update on the status of Macondo litigation will be presented to include pending and potential appeals, pending district court motions, bridging documents and document management.

  • Kerry Miller, Partner, Frilot LLC
  • Daniel Johnson, Partner, Sutherland Asbill & Brennan LLP
  • Stephany Legrand, Sr. Associate, Sutherland Asbill & Brennan LLP
  • Kenneth Engerrand, President & Director, Houston, Brown Sims PC

2:30 pm
Session Chair: Steve Roberts, Partner, Sutherland Asbill & Brennan LLP
Insurance in the Oilfield: Recent Trends Impacting Additional Insured and Contractual Liability Coverage: Micah Skidmore, Partner, Haynes and Boone LLP & Tony Nicholas, Managing Director, Wortham Insurance & Risk Management
This presentation will include participation from a policyholder insurance coverage lawyer, an in-house lawyer from an energy company or an outside oil & gas attorney, as well as a broker or underwriter. Although the format of the presentation will draw insights from each participant on all subjects, the coverage lawyer will primarily address the recent authorities dealing with additional insured and contractual liability coverage. The in-house or outside oil & gas attorney will focus on the impact of these decisions on drafting and negotiating indemnity agreements and other contractual risk transfers. The broker/underwriter will address the new ISO form endorsements and other trends in placement of coverage for contractual and additional insured risks relevant to oilfield operations.

3:00 pm   Red Oak Ballroom AB
Coffee Service   Sponsored by Ensco plc

3:15 pm   Magnolia Room
Session Chair: Andrew Tietz, Vice Chair, Offshore, IADC Contracts Committee; Senior Vice President – Marketing and Contracts, Paragon Offshore
Offshore and Onshore Commercial and Contractual Aspects of BOP Maintenance and Downtime

  • Stacey Earley, Vice Chair, International, IADC Contracts Committee; Director, Global Marketing Contracts & Proposals, Transocean
  • Ernie Nelson, Vice Chair, Land, IADC Contracts Committee; VP Contracts, Nabors Drilling USA

4:15 pm
Ethics in the OilPatch – Not a Misnomer!: Cary Moomjian, President, CAM OilServ Advisors LLC
Ethical behavior is not just good business, it is the law! In recent years, enforcement agencies around the world have focused on the OilPatch and have assessed significant monetary fines and other sanctions following extensive investigations of E&P companies and their contractors. Presented by a former IADC Contracts Committee Chairman who spent the majority of his 35 year drilling industry career as General Counsel for major publicly traded drillers engaged in global operations, this segment of the program is replete with practical pointers and anecdotal stories regarding honesty and integrity in business dealings, ethics policies, bribery and corruption, integrity of the bidding process, observing laws and avoiding conflicts of interest.

5:00 pm
Closing Remarks

  • Andrew Tietz, Vice Chair, Offshore, IADC Contracts Committee; Senior Vice President – Marketing and Contracts, Paragon Offshore

5:05 pm   Red Oak Ballroom AB
Welcoming Reception   Sponsored by Locke Lord LLP

Wednesday, 15 October 2014

8:00 am   Red Oak Ballroom AB
Registration & Coffee Service   Sponsored by American Block Manufacturing

8:20 am   Magnolia Room
Welcome & Introduction

  • Mike DuBose, Vice President – International Development, IADC

8:30 am
Session Chair: Mike DuBose, Vice President – International Development, IADC
Termination of Contracts for Breach under English Law: Clare Kempkens, Partner, Jeremy Farr, Ince & Co LLP
This is a difficult area of law where rights to terminate under the express terms of a contract can co-exist with rights under common law. How those rights interact and how a contract is terminated are critical issues which can have a significant impact on the type of damages that might be awarded for breach. Allegations of performance falling short of the standards required by the contract can be a prelude to an attempt to terminate either under the express terms of the contract or by treating a breach as repudiatory under the common law and it is of vital importance that drilling contractors understand how English law approaches such matters. This paper clears through the difficult areas and provides a succinct statement of the issues and answers concerning termination.

9:00 am
Developments from Across the Pond: David Leckie, Partner, Clyde & Co LLP
An overview and analysis of the report by Sir Ian Wood regarding maximizing recovery from the UK Continental Shelf (UKCS). The discussion will also include remarks on Scottish independence and the EU Offshore Safety Directive.

9:30 am
Indemnities and Exclusion Clauses: Where Are the Boundaries Now?: Mark Walsh, Partner & David Bennet, Partner, Clyde & Co LLP
A consideration of where English Law currently stands on areas where parties are increasingly seeking to test the boundaries of the indemnity/exclusion clause regime, with practical tips for drafting.

10:00 am   Red Oak Ballroom AB
Coffee Service   Sponsored by American Block Manufacturing

10:15 am   Magnolia Room
Session Chair: Stacey Earley, Vice Chair, International, IADC Contracts Committee; Director, Global Marketing Contracts & Proposals, Transocean
Washington Update: Bill Flores, U. S. Representative, 17th Congressional District of Texas

10:45 am
Caution to the Unwary: The Fallout to the Drilling Industry from the ATP Bankruptcy: Philip Eisenberg, Partner & Rick Kuebel, Partner, Locke Lord LLP
While not on the television every evening or in the national news, the ATP Bankruptcy has caused a wholesale reconsideration of a multitude of legal issues and contractual arrangements between drilling and service companies and offshore operating companies. This presentation will include a discussion of how ATP got to the brink of bankruptcy; the industry conditions that existed at the time; the domino effect of the ATP Bankruptcy filing and where industry will go from here.

11:15 am
Insurance Market Update: Jim Pierce, Chairman, JLT Specialty Insurance Services Inc, Jardine Lloyd Thompson Group plc & Susan Swails, President & Chief Underwriting Officer, HIIG Global Energy, Houston International Insurance Group
A physical damage and liability market review, including comments on the evolution of the insurance market post Macondo.

11:45 am
Adjournment

  • Stacey Earley, Vice Chair, International, IADC Contracts Committee; Director, Global Marketing Contracts & Proposals, Transocean

Conference Program Committee

Andrew Tietz, Paragon Offshore
Ben Bollinger, Seadrill
Bonnie Simmons, Ensco plc
David Faure, Rowan Companies plc
Ernie Nelson, Nabors Drilling USA
Faye Johnson, Seadrill
Fred Ogden, Ensco plc
Geoff Wagner, Atwood Oceanics
John Buvens, Rowan Companies plc
Mark Rankin, Basic Energy Services
Marvin Moos, Ebanks Horne Rota Moos LLP
Niels Jensen, Ocean Rig Management Inc
Scott Keller, Sidewinder Drilling
Stacey Earley, Transocean
Mike DuBose, IADC
Sean Brett, IADC

Sponsorship Opportunities

There are four levels of sponsoring: Diamond sponsors, Platinum Sponsors, Gold Sponsors, and Silver Sponsors. Event sponsorships are also available and will be categorized by monetary contribution with the appropriate level of sponsorship. Please find the benefits of the sponsor packages below. The conference sponsor will receive high profile recognition before, during and after the conference.

Diamond Sponsor Header

Diamond $25,000
(10 Comps*)

img-Platinum

Platinum $15,000
(5 Comps*)

img-Gold

Gold $10,000
(3 Comps*)

img-Silver

Silver $5,000
(1 Comp*)

img-Event

Event sponsorships are also available!

For more information please contact:
Lori Gagula, lori.gagula@iadc.org, Stephanie Carling, stephanie.carling@iadc.org at +1.713.292.1945.

* Comps refer to number of complimentary registrations

Venue Information

Norris Conference Center – Houston/CityCentre
Red Oak Ballroom
803 Town and Country Blvd., Ste. 210
Houston, Texas 77024
Phone +1.713.590.0950

Click here for map and driving directions.

The venue is located between Hotel Sorella and Four Points Sheraton in CityCentre.

Hotel Information

There is no negotiated room block associated with this meeting.
Hotel Sorella is located across the skybridge from the Norris Conference Center.

Hotel Sorella CityCentre
800 Sorella Court
Houston,Texas 77024
+1.713.973.1600

Press Policy

Complimentary press registration is limited to one (1) person per company. This individual must be a titled editor, writer, reporter or other bona fide editorial representative of a legitimate industry or consumer publication. Publishers and sales and marketing specialists are excluded from this complimentary registration practice and must pay the full conference registration fee to attend an event.

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Event Summary

2014 IADC Contracts & Risk Management Conference