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Mark D. Christiansen

CONTACT

Phone: 405.796.8680

Email: [email protected]

PRACTICE AREAS

Oil, Gas and Energy Litigation

Energy Finance Litigation

Class Action Lawsuits

ADMISSIONS

Oklahoma, 1980 

U.S. Supreme Court, 1995 

U.S. District Courts for the Western, Northern, and Eastern Districts of Oklahoma, and for New Mexico and North Dakota

EDUCATION

B.A., University of Oklahoma, 1977 

J. D., University of Oklahoma College of Law, 1980

PROFESSIONAL ORGANIZATIONS AND MEMBERSHIPS

American Bar Association, Section of Environment, Energy and Resources (Council Member/Board of Directors, 2003-2006; Chair, Energy and Natural Resources Litigation Committee, 2001-2003; Chair, Oil and Natural Gas Exploration and Production Committee, 1999-2001)

Center for American and International Law (Trustee and Member of Executive Committee for Board of Trustees, 2005-2018)

Center for American and International Law, Energy Law Institute (Executive Committee, 2000-2019)

Rocky Mountain Mineral Law Foundation (Board of Trustees, 2003-2004; Treasurer and Executive Committee/Board of Directors, 2011-2013; 2005-2007)

Energy Law 360, a leading resource for news and trends affecting the energy industry (Member of National Editorial Advisory Board, 2015-2019)

Oklahoma Oil and Gas Association (Chair, Legal Committee, 2007 — 2018)

Oklahoma Independent Petroleum Association (Chair, Legal Committee, 2001-2003, 2005-2006)

Mineral Lawyers Society of Oklahoma City (President, 1989-1990)

Mark D. Christiansen

Mark Christiansen has represented many clients in the defense and pursuit of complex energy lawsuits requiring a wide range of energy litigation experience, with clients and counter-parties of most every type and level of experience. Over the course of his years of working with participants in the energy industries, Mark has represented energy and oil & gas companies of all sizes, including small and medium-sized independent exploration and production companies, as well as publicly traded energy companies and Fortune 100 corporations.

Mark’s broad-based energy industry experience involves working with energy clients on a variety of legal matters including litigation over commonly-encountered energy industry legal disputes; the defense of statewide, multistate and nationwide class action lawsuits; and the litigation of lawsuits of a wide variety of varying subject matters and sizes at the state, federal and appellate levels.

He has also served for many years in leadership roles in the industry’s leading energy litigation and energy law groups (including lead roles in the litigation and legal conferences of those groups). Mark previously worked with the Oklahoma law firm of McAfee & Taft for almost six years, and served as Co-Leader of that firm’s Energy and Oil & Gas Practice Group for five of those years (from March 2013 through February 2018). Prior to that, Mark worked for over thirty years with the Oklahoma law firm of Crowe & Dunlevy where he served for three years on the firm’s Executive Committee and on certain other special project committees of that firm.

Mark has been a featured speaker and/or co-chair and moderator at more than 100 energy law and energy litigation conferences throughout the United States, and has authored and co-authored many articles for regional and national journals of the American Bar Association and several national legal organizations that focus on legal issues in the energy and natural resources industries.

Representative Experience

  • Chieftain Royalty Company v. EnerVest Energy Institutional Fund XIII-A, L.P., 861 F.3d 1182 (10th Cir. 2017), cert. denied U.S. Supreme Court (2018)   (Class action issues).
  • U.S. Energy Development Corp. v. Stephens Energy Group, LLC, 662 Fed. Appx. 556 (10th Cir. 2016).
  • Harris v. Chevron U.S.A. Inc., 2015 WL 3746989 (W.D. Okla. 2015).
  • A.B. Still Wel-Service, Inc. v. Antinum Midcon I, LLC, No. 113,755 (Okla. Ct. App. 2015) (For Publication).
  • Compass Bank v. North American Petroleum Corp. USA, 445 B.R. 382, 388 (Bankr. D. Del. 2011).
  • Hill v. Marathon Oil Company, No. 108,098, Before the Oklahoma Supreme Court (Ruling on Certified Questions re: Oklahoma Oil and Gas Royalty Law Issued May 11, 2010.)
  • Hebble v. Shell Western E&P, Inc., 2010 OK CIV APP, 238 P.3d 939.
  • Sundown Energy, L.P. v. Harding & Shelton, Inc., 2010 OK 88, 245 P.3d 1226.
  • Rox Petroleum, L.L.C. v. New Dominion, L.L.C., 2008, OK , 13, 184 P.3d 502.
  • Public Service Company of Oklahoma v. Oklahoma Corporation Commission, 2005 OK 47, 115 P.3d 861.
  • Chesapeake Operating, Inc. v. Carl E. Gungoll Exploration, Inc., 2005 OK CIV APP 45, 116 P.3d 213.
  • Howell v. Texaco Inc., 2004 OK 92, 112 P.3d 1154.
  • Shockey v. Chevron U.S.A., Inc., Appeal No. 98,063 (Okla. Ct. App. — Decision Issued 2003).
  • Samson Resources Company v. Amerada Hess Corporation, 2002 OK CIV APP 32, 41 P.3d 1055.
  • Sanford v. Anadarko Petroleum Corporation, 2001 OK CIV APP 90, 32 P.3d 218.
  • Duncan Oil Properties, Inc. v. Vastar Resources, Inc., 2000 OK CIV APP 146, 16 P.3d 465.
  • Lobo Exploration Company v. Amoco Production Company, 1999 OK CIV APP 112, 991 P.2d 1048.
  • Lobo Exploration Company v. Amoco Production Company, cert. denied, 529 U.S. 1124, 120 S.Ct. 1996, 146 L.Ed. 2d 821 (2000).
  • XAE Corporation v. SMR Management Company, 1998 OK 51, 968 P.2d 1201.
  • Purcell v. Santa Fe Minerals, Inc., 1998 OK 45, 961 P.2d 188.
  • Mittelstaedt v. Santa Fe Minerals, Inc., 1998 OK 7, 954 P.2d 1203.
  • Roye Realty & Developing, Inc. v. Watson, 1996 OK 93, 2 P.3d 320.
  • Dorchester Hugoton, Ltd. v. Dorchester Master Limited Partnership, 925 P. 2d 1213 (Okla. App. 1996).
  • Dorchester Hugoton, Ltd. v. Dorchester Master Limited Partnership, 925 P.2d 1222 (Okla. App. 1996).
  • Panhandle Eastern Pipeline Company v. Commissioners of the Land Office, 83 F.3d 1219 (10th Cir. 1996).
  • Voiles v. Santa Fe Minerals, Inc., 911 P.2d 1205 (Okla. 1996).
  • Fransen v. Conoco, Inc., 64 F.3d 1481 (10th Cir. 1995).
  • Fransen v. Conoco, Inc., cert denied, 516 U.S. 1166, 116 S.Ct. 1060, 134 L.Ed. 2d 204 (1996).
  • Heiman v. Atlantic Richfield Company, 891 P.2d 1252 (Okla. 1994).
  • Pack v. Santa Fe Minerals, Inc., 869 P.2d 323 (Okla 1994).
  • Handley v. Santa Fe Minerals, Inc., 849 P.2d 433 (Okla. App. 1992).
  • Hull v. Sun Refining & Marketing Company, 789 P.2d 1272 (Okla. 1989).
  • Davidson Oil Country Supply Company, Inc. v. Pioneer Oil & Gas Equipment Co., 689 P.2d 1279 (Okla. 1984).
  • When a Joint Senate and House Special Committee of the Oklahoma Legislature conducted special public hearings in 2004 on the subject of lawsuit abuse and class action reform, Mark was designated by the state’s oil and gas industry trade associations as their spokesman to testify on the need for Class Action Lawsuit Reform.

Honors and Awards

  • Listed in the Chambers USA Guide to America’s Leading Lawyers for Business (2007—2019)
  • Selected by peers for inclusion in The Best Lawyers in America (commercial litigation; energy law; natural resources law; oil & gas law) (1997—2019)
  • Named “Oklahoma City Energy Lawyer of the Year” for 2012 and 2019 by The Best Lawyers in America
  • Listed in Oklahoma Super Lawyers (2006—2019)
  • Named to Oklahoma Super Lawyers’ list of “Top 50 Oklahoma Lawyers” (2006—2019)
  • Co-leader of McAfee & Taft’s Energy and Oil & Gas Practice Group for five years, from March 2013—February 2018.
  • Honored with The Journal Record’s Leadership in Law Award, recognizing legal professionals for their professional and civic contributions to the state (2010)
  • Honored with the Oklahoma Oil and Gas Association’s Distinguished Service Award for providing assistance in energy litigation and regulatory arenas promoting Oklahoma’s oil and gas industry (2009)
  • Honored by the Oklahoma Bar Association and University of Oklahoma College of Law with the Eugene Kuntz Award in recognition of his contributions to natural resources law and policy (2007)
  • Honored with the Center for American and International Law’s John Rogers Award, presented to the board of editors of the Oil & Gas Reporter (1999)

Articles and Publications

Below is a partial list of examples of Mr. Christiansen’s prior published works.

Oklahoma Class Actions

A Practitioner’s Guide to Class Actions | 2nd Edition, 2017 
ABA Tort Trial & Insurance Practice Section

Oil and Gas Royalty Classes

A Practitioner’s Guide to Class Actions | 2nd Edition, 2017 
ABA Tort Trial & Insurance Practice Section

When the Horizontal and Vertical Collide: Frac Hits and Operator Quest for Détente in the Common Reservoir

61 Rocky Mountain Mineral Law Institute 12-1 | 2015 (with Professor David E. Pierce as co-speaker and co-author

Oklahoma Energy Litigation Updates

Section Report of the Oil, Gas & Energy Resources Law Section, State Bar of Texas | 2011-2019

Collateral damage or collateral opportunists?  The Litigation Side Shows in the Shadows of the Main Event [Macando Oil Spill]

ABA Energy and Natural Resources Litigation Committee Newsletter | April 1, 2013

Co-Author, A different ‘slant’ on JOAs: New developments

57 Rocky Mountain Mineral Law Institute 25-1 | 2011

The top ten recent court decisions challenging the oil and gas industry

58 Oil and Gas Institute, Chapter 4, at 87 | 2007

Class actions pushed to the extreme: Will class action plaintiff lawyers be permitted to re-zone our courts for tract housing?

24 Journal of Land, Resources and Environmental Law 77 | 2004

The confused state of oil and gas royalty check stub law

17 Texas Oil and Gas Law Journal 13 | 2003

Co-Author, COPAS for landmen and lawyers

48 Texas Oil and Gas Law Journal 13 | 2002

Gas balancing issues

19 Petroleum Accounting and Financial Management Journal No. 3, Fall/Winter | 2000

A landman’s guide to drafting for the allocation of gas marketing-related costs under the oil and gas lease

45 Rocky Mountain Mineral Law Institute 21-1 | 1999

Preferential right of purchase issues in oil and gas property sales

ABA Natural Resources & Environment, Volume 10, No. 4, Spring | 1996

A comparison of the model form gas balancing agreements: Catching up with a changing market environment

40 Rocky Mountain Mineral Law Institution 16-1 | 1994

 

At The Podium

(Mark has spoken and presented papers at over 100 energy law and energy litigation programs in prior years, with the following being a partial list of examples.)

Energy Litigation Update 2018

17th Annual Energy Litigation Conference, sponsored by the Institute for Energy Law of CAIL and ABA

Houston, Texas | November 8, 2018

Update on Energy Litigation in Oklahoma 2018

Annual Kuntz Energy & Resources Conference of the Oklahoma Bar Assoc. & OU Law School

Oklahoma City, Oklahoma | November 2, 2018

Royalty Litigation Trends in the U.S.

69th Annual Oil and Gas Law Conference of the Institute for Energy Law of CAIL

Houston, Texas | February 1, 2018

Interesting Cases on Contract Issues and Disputes Rarely Litigated to Court Decision

2017 Corporate Counsel Seminar

Oklahoma City, OK | December 7, 2017

Energy Litigation Update 2017

16th Annual Energy Litigation Conference, sponsored by the Institute for Energy Law of CAIL and ABA

Houston, Texas | November 1, 2017

Update on Energy Litigation for States Other Than Texas

30th Annual Energy Law Institute for Attorneys and Landmen

Houston, Texas | August 30-31, 2017

Energy Litigation Update 2016

15th Annual Energy Litigation Conference, sponsored by Institute for Energy Law of CAIL and ABA

Houston, TX | November 1, 2016

Update on Oil & Gas Royalty Litigation and the Latest Royalty Issues

National Meeting on Oil & Gas Revenue Issues of the Council of Petroleum Accountants Societies (COPAS)

San Diego, CA | October 1, 2016

Surviving the Low-Price Oil & Gas Environment With Marginal Oil & Gas Leases

Oklahoma Geological Society

Oklahoma City, OK | March 1, 2016

Contracting by Email: Risks and Recent Litigation

sponsored by the Bracewell and Andrew Kurth law firms

Houston, TX | November 1, 2015

Energy Litigation Update 2015

14th Annual Energy Litigation Conference, sponsored by Institute for Energy Law of CAIL and ABA

Houston, TX | November 1, 2015

Update on Energy Litigation in Oklahoma

Annual Kuntz Energy & Resources Conference of the Oklahoma Bar Assoc. & OU Law School

Oklahoma City, Oklahoma | November 1, 2015

Litigation Update Nationally for Oil & Gas Division Order Analysts

42nd Annual Institute for the National Assoc. of Division Order Analysts

Amelia Island, FL | September 1, 2015

Co-Presenter (with Prof. David Pierce), “When the Horizontal and Vertical Collide: Frac Hits and Operator Quest for Détente in the Common Reservoir”

61st Annual Rocky Mountain Mineral Law Institute

Anchorage, AK | July 1, 2015

Energy Litigation Update 2014

13th Annual Energy Litigation Conference, sponsored by Institute for Energy Law of CAIL and ABA

Houston, TX | November 1, 2014

Oil and Gas Litigation Update for Texas and Oklahoma

Joint Meeting of the Texas and Oklahoma Associations of Defense Counsel

Dallas, TX | October 1, 2014

Served on Oil & Gas Litigation Panel

5th Law of Shale Plays Conference

Pittsburgh, PA | September 1, 2014

Oil & Gas Litigation Update for Texas, Oklahoma and Other States

Dallas Bar Association’s Annual Oil & Gas Law Seminar

Dallas, TX | August 1, 2014

Disputes Over, and/or Acceptance and Tolerance of, Potential Impacts of Fracking Activities on Neighboring Vertical Wells or Other Nearby Oil and Gas Operations

National Business Institute Seminar

Oklahoma City and Tulsa, OK | July 16-17, 2014

Author, Energy Litigation Update 2013

12th Annual Energy Litigation Conference, sponsored by Institute for Energy Law of CAIL and ABA

Houston, TX | November 1, 2013

Co-Chair, 12th Annual Energy Litigation Conference

sponsored by Institute for Energy Law of CAIL

Houston, TX | November 1, 2013

Litigation Update on Recent Energy Industry Contract Litigation

American Conference Institute’s 2nd National Forum on Oil & Gas Litigation

Houston, TX | September 1, 2013

Co-Chair, 11th Annual Energy Litigation Conference

sponsored by Institute for Energy Law of CAIL

Houston, TX | November 1, 2012

Case Law Update and Litigation Trends Involving Shale Plays

2nd Conference on the Law of Shale Plays, sponsored by Institute for Energy Law of CAIL

Fort Worth, TX | September 1, 2012

Texas and Oklahoma Litigation Update and Select Cases from Other Jurisdictions

Dallas Bar Association's Annual Oil and Gas Law Seminar

Dallas, TX | August 1, 2012

Litigation Update on Oil and Gas Royalty Lawsuits and Other Contract Disputes of Interest to Landmen in the U.S.

58th Meeting of the American Association of Professional Landmen (AAPL)

San Francisco, CA | June 1, 2012

Current Oil and Gas Litigation Trends and Developments for Shale Plays

3rd Conference on the Law of Oil and Gas Shale Plays

Fort Worth, TX | June 1, 2012

Recent Developments in Oil and Gas Litigation in 2011

63rd Annual Oil and Gas Law Conference

Houston, TX | February 1, 2012

Texas and Oklahoma Litigation Update and Select Cases from Other Jurisdictions

Annual Dallas Bar Association Oil & Gas Law Seminar

Dallas, TX | August 1, 2011

Co-Presenter, A Different ‘Slant’ on JOAs: New Developments in Shale Plays and Recent Court Rulings

57th Annual Rocky Mountain Mineral Law Institute

Santa Fe, NM | July 1, 2011

Litigation Update for the Oil and Gas Industry

37th Annual National Association of Division Order Analysts (NADOA) Institute

San Antonio, TX | 2010

Texas and Oklahoma Case Law Update and Select Cases from Other Jurisdictions

Annual Dallas Bar Association Oil & Gas Law Seminar

Dallas, TX | 2010

Litigating Oil & Gas Royalty Disputes: Crafting Defense Strategies for Cases with Unsettled and Conflicting Laws

Oil & Gas Litigation and Arbitration Forum, American Conference Institute

Houston, TX | 2010

Texas and Oklahoma Case Law Update and Select Cases from Other Jurisdictions

Annual Dallas Bar Association Oil & Gas Law Seminar

Dallas, TX | 2009

Recent Developments in Oil and Gas Royalty Litigation

Organization for Oil and Gas Industry Accountants (COPAS) National Meeting

Branson, MO | 2009

Co-Chair of Conference and Speaker: Oil and Gas Royalty Litigation and Procedures: Trends and Developments

Rocky Mountain Mineral Law Foundation's National Conference on Royalty Litigation

Denver, CO | 2008

Update on Private Oil and Gas Royalty Litigation in the Oil & Gas Industry

National Meeting of the Council of Petroleum Accountants Societies (COPAS)

Oklahoma City, OK | 2008

Oil & Gas Royalty Litigation Update

10th National Oil and Gas Royalty Conference

Dallas, TX | 2008

Texas and Oklahoma Case Law Update and Select Cases from Other Jurisdictions

Annual Dallas Bar Association Oil & Gas Law Seminar

Dallas, TX | 2008

Recent Developments in Royalty Owner Lawsuits Over Cost Deductions and Related Issues

35th Annual NADOA Institute

San Diego, CA | 2008

The Top 10 Legal Developments that Present the Greatest Challenges for the Domestic Oil and Gas Industry

Annual Dallas Bar Association Oil & Gas Law Seminar

Dallas, TX | 2007

The Top Ten Recent Court Decision Challenging the Oil and Gas Industry

58th Annual Institute on Oil and Gas Law and Taxation, sponsored by the Institute for Energy Law of CAIL

Houston, TX | 2007

Texas and Oklahoma Case Law Update and Select Cases from Other Jurisdictions

Annual Dallas Bar Association Oil & Gas Law Seminar

Dallas, TX | 2006

Oil and Gas Royalty Litigation Update

9th Annual National Oil and Gas Royalty Conference

Houston, TX | 2006

Recent Royalty Litigation Concerning Processed Gas

8th National Oil and Gas Royalty Conference

Houston, TX | 2005

Texas and Oklahoma Case Law Update and Select Cases from Other Jurisdictions

Annual Dallas Bar Association Oil & Gas Law Seminar

Dallas, TX | 2005

Oil and Gas Royalty Litigation from the Outside Counsel’s Perspective

Ernst & Young General Counsel Roundtable

Houston, TX | 2004

Recent Disputes and Court Decisions in the Oil Patch

Annual Meeting of the National Association of Lease and Title Analysts

Austin, TX | 2004

Texas and Oklahoma Case Law Update and Select Cases from Other Jurisdictions

Annual Dallas Bar Association Oil & Gas Law Seminar

Dallas, TX | 2004

An Oklahoma Overview: Case Law Update for the Oil, Gas and Energy Law Practitioner

Annual Dallas Bar Association Oil & Gas Law Seminar

Dallas, TX | 2003

The Aftermath of Energy Deregulation: What Went Wrong? What Went Right? Who Goes to Jail? Was the Environment Really Affected After All?

ABA Annual Meeting

San Francisco, CA | 2003

The New Wave of Royalty Check Stub Litigation

First Annual Energy Litigation Conference, sponsored by the Institute for Energy Law of CAIL and ABA

Houston, TX | 2002

Co-Presenter, COPAS Accounting Procedures Under the Operating Agreement for Landmen and Lawyers

48th Annual Rocky Mountain Mineral Law Institute

Lake Tahoe, NV | 2002

What to Pay and How to Describe It – Recent Developments in Litigation Over Royalties and Royalty Check Stubs

Annual Meeting of the National Association of Division Order Analysts (NADOA)

Oklahoma City, OK | 2002

Class Action Litigation Trends in Energy, Environmental and Enron Litigation

10th Fall Meeting of the American Bar Association Section of Environment, Energy and Resources

Portland, OR | 2002

Oil and Gas Lease Drafting Considerations Regarding the Allocation of Gas Marketing-Related Costs

4th National Oil and Gas Royalty Conference

Houston, TX | 2000

The New Wave of Royalty Owner Lawsuits

4th Fall Meeting of the ABA Section of Natural Resources, Energy, and Environmental Law

Boston, MA | 1999

Gas Balancing Agreements and Litigation

Council of Petroleum Accountants Societies Annual Meeting

Fort Worth, TX | 1999

Current Trends in Class Action Royalty Litigation

40th Annual Institute for Professional Landmen

Dallas, TX | 1999

A Landman’s Guide to Drafting Provisions for the Allocation of Gas Marketing-Related Costs Under the Oil and Gas Lease

45th Annual Rocky Mountain Mineral Law Institute

Monterey, CA | 1999

Recent Royalty Litigation and Industry Responses

7th Fall Meeting of the ABA Section of Environment, Energy, and Resources

San Diego, CA | 1999

A Comparison of the Model Form Gas Balancing Agreements – Catching Up with a Changing Market Environment

40th Annual Rocky Mountain Mineral Law Institute

San Diego, CA | 1994

Gas Prorationing Laws in the Major Oil & Gas States

First Fall Meeting of the ABA Section of Natural Resources, Energy, and Environmental Law

Ashville, NC | 1993