Partner, Houston

Practice Description

Mitchell E. Ayer's practice currently focuses on oil and gas transactions. He counsels clients in acquisitions and dispositions of properties as well as acquisitions and dispositions of natural resource companies. He works extensively in oil and gas title due diligence in acquisitions of properties.

His practice also encompasses representing creditors, trustees, debtors, and creditor committees in various bankruptcy matters, as well as commercial, oil and gas, and real estate litigation, mediation, and arbitration. Mr. Ayer's oil and gas litigation practice is concentrated in state and bankruptcy courts. His business litigation practice focuses on contract litigation and the related motion practice and appeals.

Mr. Ayer is Board Certified in Oil, Gas, and Mineral Law by the Texas Board of Legal Specialization. He is also Certified in Business Bankruptcy Law by the American Board of Certification.

Representations

• Representation of parties in acquisition and disposition of oil and gas properties

• Argued in state district court and court of appeals the lead case establishing the objectively verifiable prong of the discovery rule in order to bar a royalty owner's claim on the statute of limitations

• Represented the equity holders in a bankruptcy proceeding involving a $130 million bond offering that provided exit financing for a Chapter 11 debtor, a first for the industry

• Represented a major service company in claims against working interest owners who had obtained credit through a fraudulent financial statement; jury trial resulted in a verdict for all actual damages plus punitive damages and attorneys' fees

• Defended a working interest owner in a dispute regarding whether the failure to deliver an assignment due to the pendency of the Texaco bankruptcy triggered contractual rescission; was able to overturn unfavorable summary judgments that were entered during the representation of prior counsel and then obtained a jury verdict in our client's favor that the plaintiff take nothing

Distinctions/Honors

• Texas Super Lawyers^® by Thomson Reuters (Bankruptcy & Creditor/Debtor Rights, Energy & Natural Resources); 2003-2004, 2008-2009

Press Releases/In the News

• "July 24 Auction Set for 538 Acres on South Padre Island," Rochelle Report; July 18, 2007
  

• T&K Guides Davis Petroleum Through $150 Million Recapitalization Ensuring Continued Vitality and Growth; April 03, 2006
  

Presentations/Publications

• Client Alert: "Heads Up" in the Gulf: A Checklist for Potential Counterparty Financial Distress, June 14, 2010
  

• "Special Concerns in Purchasing Assets from a Financially Troubled Seller," Inside the Minds: Understanding Fraudulent Transfers, Aspatore Books, 2009
  

Activities

• Member, Houston Bar Association; Bankruptcy Section; Oil and Gas Law Section, Chair, 2005

• Member, American Bankruptcy Institute