Brooks Law, LLPDustin Brooks

 

Dustin focuses his practice on all aspects of oil and gas, corporate, banking and finance, real estate and estate and probate law. A large part of his practice is devoted to transactions, litigation, title work, and general business and corporate matters that arise for oil and gas production and service companies. Dustin advises individuals, small businesses, non-profits and large corporations on a variety of business matters including mergers and acquisitions, divestures, capital markets and finance, entity formation and structure, corporate governance, employee agreements and related matters, real estate acquisition, leasing and sales, and aircraft acquisition and sales.

Dustin’s true niche is in the energy sector where he has advised clients on a number of oil, gas, water and wind related matters including mineral conveyances and acquisitions, leasing and surface use issues, assignments and joint operating agreements, pipeline projects, master service agreements, oilfield equipment sales contracts, equipment manufacturer’s warranties and liabilities, environmental issues, regulatory issues, oilfield accidents and matters related to water use and transportation, and salt water disposal facility permitting and planning. He has rendered drilling title opinions, division order title opinions, lien opinions, borrower opinions, lender opinions, acquisition title opinions and title curative instruments, and has advised clients on oil, gas and other energy related transactions in the Marcellus and Utica shale plays in Pennsylvania, and the Cline, Eagle Ford, Barnett and numerous other plays in Texas and New Mexico.

In addition to his transactional practice, Dustin has significant experience in representing individuals or businesses in litigation in the areas of commercial and residential real estate, construction, corporations and other business entities, agriculture, and estate, probate and trust. Dustin was also a voting member of the Board of Directors of Yates Petroleum Corporation and served on the Audit Committee until the Company’s merger with EOG Resources, Inc. in the Fall of 2017. In his time away from the office, Dustin enjoys spending time with his wife, Haley and twin daughters, Claire and Caroline, playing golf, watching Red Raider sports, horse racing and taking trips to the lake.

Education:

  • 2006 – Texas Tech University, BBA – Finance
  • 2010 – St. Mary’s School of Law, J.D. – Cum Laude

Practice:

  • Oil and Gas
  • Banking and Finance
  • Corporate and Other Business Entities
  • Estate and Probate
  • Construction
  • Real Estate
  • Litigation

Licenses:

  • Texas
  • New Mexico
  • Pennsylvania

Professional & Community Activities and Awards:

  • Covenant Foundation-Board of Directors January 2017-Current
  • Yates Petroleum Corporation – Board of Directors 2012-2016
  • Agave Energy Inc. – Board of Directors 2012-2015
  • Family Guidance and Outreach of Lubbock – Board of Directors 2014-2015
  • Selected as a “20 under 40” member for Greater Lubbock, 2014

Representative Experience


Energy:

  • Represented lease operator/production company in negotiation of operating agreement, assignments and other related agreements with adjacent lease Operator for purposes of multiphase Water Flood Project.
  • Counsel to local bank on oil and gas related financing, including lien opinions, title work and document preparation.
  • Represented production company/operator in $100,000,000 acquisition of production and related equipment, including drafting and negotiation of acquisition contracts, financing instruments and entity structure organization.
  • Represented production company in sell of substantial volume of producing and non-producing assets, leased acreage and related equipment in Permian Basin.
  • Represented individual owner in multi-project salt water disposal/fresh water facility joint venture in negotiating purchase and ultimate sell of interest in numerous facilities scattered across the Permian Basin.
  • Represented production company in acquisition of substantial amount of lease acreage in Permian Basin, including acquisition title work, horizontal and vertical pooled unit planning and general legal advice with legal and regulatory issues related to project.
  • Represented surface/mineral owner in renegotiation of existing oil and gas lease covering a large ranch in Texas Panhandle, ultimately obtaining a new lease with terms substantially more favorable to client.
  • Represented surface owner in dispute with salt water disposal facility operator regarding breach of agreement, trespass and surface damages.
  • Represented surface/water rights owner in dispute with production company over improper water use for benefit of leases.
  • Represented large trucking company in contract dispute with another trucking company over work performed and money owed.
  • Represented non-operator working interest owner in dispute with operator regarding breach of operating agreement, misappropriation of funds and negligence related to operations of multiple leases, ultimately getting Operator removed and securing judgment against Operator for damages.

Corporate, Mergers and Acquisitions:

  • Represented production company/operator in $100,000,000 acquisition of production and related equipment, including drafting and negotiation of acquisition contracts, financing instruments and entity structure organization.
  • Represented family owned oilfield service company in complete restructure of business to ensure maximum tax benefits and liability protections.
  • Represented buyer in purchase of majority interest in large factoring/finance business.
  • Represented large oilfield trucking company in acquisition of large existing oilfield trucking and service company.
  • Represented large oilfield service company in merger of affiliated entity.
  • Corporate counsel to large oilfield service company which includes legal representation and advice in annual audits, shareholder and board meetings, employment matters, insurance matters and governance.
  • Represented Economic Development Corporation in securing injunction and temporary restraining order related to dispute with a city government official.
  • Corporate counsel to Economic Development Corporation, including all regulatory, real estate, business, employment and litigation related matters
  • Represented business in claim by former employee of sexual harassment by manager.

Real Estate:

  • Represented buyer in purchase of numerous multi-family residential properties including contract negotiation and drafting, due diligence, title work and financing instrument negotiation and review.
  • Served as local counsel to out of state buyer of multi-family residential property including advice on Texas specific law and rendering of borrower’s opinions on behalf of client.
  • Represented individual owner of multiple owner medical property in negotiation and review of purchase and sale agreements with private equity buyer.
  • Represented buyer/developer in purchase of property and planning related to high-end residential development.
  • Represented nationwide real estate broker in developing and drafting multiple contract forms to be used in company’s commercial real estate business.
  • Represented promoter in structuring Series LLC and drafting placement memoranda, investor memoranda, disclosures and other related investment and financial documents for multi-phase commercial real estate investment project.
  • Represented large oilfield service company in drafting all conveying instruments and financial documents necessary for getting company’s numerous real estate assets into real estate holding company.

Litigation:

  • Represented oil and gas service company in 1,000,000.00 plus contract dispute concerning money owed and services provided.
  • Represented oil and gas service company in defense of suit related to money owed, where service provided was in dispute.
  • Represented oil and gas company in dispute with another oil and gas company over leasehold ownership issue.
  • Represented buyer in breach of contract, breach of fiduciary duty and fraud suit against former partner of buyer.
  • Represented buyer in breach of contract and fraud suit related to acquisition of business.
Visit Us On TwitterVisit Us On FacebookVisit Us On Google Plus