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J Don Westbrook

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  • Profile

J. Don Westbrook

Attorney Westbrook brings with him an eight-year career as an independent petroleum landman and began law practice with the Midland firm of Stubbeman, McRae, Sealey, Laughlin & Browder, working exclusively with Jad Davis. In 1991, joined the law firm of Sharp, Price, Griffith and McCollum, with a concentration in Commercial and Energy litigation. He then joined the firm of Coghlan, Crowson, Fitzpatrick & Westbrook in 1994.

State Bar of Texas (1988)

Board Certified - Oil, Gas & Mineral Law, Texas Board of Legal Specialization. Concentrating in Oil, Gas and Mineral Law, and general Civil Litigation, including oil & gas, condemnations, class actions, and commercial litigation.

Education

  • Doctor of Jurisprudence, Baylor University, 1988, graduating in the top 15% of class
  • Bachelor of Science, with honors, University of Texas at Tyler, 1985

Representative Experience

  • Represent large royalty owners, operators, utility companies, mid-stream purchasers, etc., in both state and federal court
  • Counsel energy clients on a variety of day-to-day issues relating to leasing, drilling, production, and operation of their oil and gas properties
  • Represent exploration and production companies in the acquisition and divestiture of producing assets and undeveloped acreage
  • Represent clients in the negotiation and preparation of a vast array of mineral development documents, including purchase & sale agreements, leases, assignments, title curative documents, farmouts, joint operating agreements, participation agreements, and surface use agreements
  • Prepare drilling, supplemental, leasehold, acquisition, and division order title opinions covering acreage throughout Texas
  • Advise operators and non-operators on their rights, duties, and obligations under joint operating agreements and joint development agreements
  • Conduct due diligence on behalf of clients acquiring both producing and non-producing acreage

Professional Activities, Memberships & Affiliations

  • Admitted to practice before The U.S. District Courts for the Eastern, Western, and Northern Districts of Texas
  • Member: State Bar of Texas; Gregg County Bar Association; and Rocky Mountain Mineral Law Institute
  • Received an “AV” rating from peers as determined by Martindale-Hubbell's ratings for legal ability and ethical conduct

Reported Appellate Cases

  • OXY USA, Inc. v. Cook, 2003 WL 21499383 (Tex.App.Tyler, 2003)
  • Morris v. Dearborne, 181 F.3d 657 (5th Cir Tex., 1999) and 69 F. Supp. 868 (E.D.Tex., 1999)
  • Love of God Holiness Temple Church v. Union Standard Ins. Co., 860 S.W. 2d 179, (Tex.App. Texarkana, 1993)
  • Lone Star Industries, Inc. v. Ater, 845 S.W.2d 334, (Tex.App.El Paso, 1992)
  • Helen Butts-Tipps, et al v. Chinn Exploration Company, et al 06-00033-CV (Court of Appeals-Texarkana 2014, pet. denied)
  • Cabot Oil & Gas Corporation v. Healey, LP, 12-11-00236-CV (Court of Appeals – Tyler, 2013, pet. denied)
  • Brammer Petroleum, Inc. v. Bagley Minerals, LP, et al 06-15-0091 CV (Court of Appeals- Texarkana 2016)
  • Hydrogeo, et al v Quitman ISD, et al 06-15-00007 CV (Court of Appeals – Texarkana, 2016)
  • Felicia Pierce v. Debbie Blalack, et al, 06-17-00013-CV (Civ. App – Texarkana 2017) no pet.

Board Certified