Ben Elmore
Of Counsel
Over the course of his career, Ben has represented companies and individuals in oil and gas litigation and commercial disputes. Ben began his career at Vinson & Elkins, LLP, where for eight years he represented major oil and gas companies and large independents in commercial disputes including royalty underpayment claims and related breach of express and implied oil and gas lease provisions; joint interest billing disputes; preferential purchase rights and AMI disputes. Ben left V&E in 2008 to work with Perdue & Kidd, LLP where he focused his practice on representing royalty owners, landowners and other non-operating stakeholders in oil and gas litigation, as well as assisting mineral owners in the negotiation of oil and gas leases in the Eagle Ford and Haynesville Shale plays. Ben joined WattBeckworth to continue his focus on representing landowners and companies in oil and gas litigation and related commercial disputes. Ben is Board Certified, Texas Board of Legal Specialization in Oil, Gas and Mineral Law.
EDUCATIONAL BACKGROUND
- South Texas College of Law
J.D. summa cum laude, May 2000
South Texas Law Review - University of Texas at Austin
B.A. Psychology 1997
PROFESSIONAL HONORS & ACTIVITIES
- Texas Rising Star in Energy & Natural Resources, 2005, 2007, 2008, 2009, 2010, 2011 and 2012(recognized by Thomson Reuters, published in Texas Monthly)
- AV Preeminent Rating --Martindale Hubbell Peer Review Rating for Ethical Standards and Legal Ability
REPRESENTATIVE EXPERIENCE
Oil & Gas
- Representation of non-operating working interest owner in accounting dispute with operator in wells located in Louisiana
- Representation of operator in dispute with overriding royalty owner concerning overpayments made as the result of discrepancies in the royalty owner’s title
- Representation of farmor in dispute with farmee over payout calculation for purposes of determining farmor’s right to convert overriding royalty interest to working interest under parties’ farmout agreement
- Representation of mineral and surface owner in surface dispute with operator over well location
- Representation of mineral owners in title dispute over producing wells in Jefferson County, Texas and Sabine County, Texas
- Representation of oil and gas operator in $400 million dispute over preferential purchase rights under a Joint Operating Agreement (JOA) in Eddy County and Lea County, New Mexico
- Representation of oil and gas operator in insurance coverage dispute relating to well blowout
- Representation of oil and gas operator in dispute over indemnity obligations under Master Service Agreement
- Representation of non-operating working interest owner against operator for breach of JOA in Burleson County, Texas
- Representation of crude oil pipeline in case brought by a Liechtenstein trust asserting title to a Canadian pipeline purchased by the client
- Representation of a small independent oil and gas company in asserting claims for theft of trade secrets, breach of confidentiality agreement and breach of drilling and exploration agreement relating to shallow oil prospects in North Texas
- Representation of mineral owners seeking termination of oil and gas lease in Jasper County, Texas
- Representation of mineral owners in title dispute over Eagle Ford Shale acreage in Karnes County, Texas
- Representation of mineral owners in oil and gas lease negotiations in Eagle Ford and Haynesville Shale plays
- Representation of pipeline company in pipeline construction dispute involving damages in excess of $900,000
- Representation of major oil and gas operator in action brought for breach of offshore exploration agreement
- Representation of pipeline company in open price term action under the UCC involving breach of crude oil purchase contract and alleged damages in excess of $20 million
SPEECHES & ARTICLES
- Dick Watt, Ben Elmore and Robert Campbell, "The Death of the Discovery Rule and the Fraudulent Concealment Doctrine in Oil and Gas Law," Texas Journal Oil, Gas and Energy Law Symposium, Austin, Texas, February 9-10, 2012
- "Surface and Mineral Owner Rights Under Oil & Gas Leases", Angelina-Nacogdoches County Forestry Landowners Association Winter Meeting, February 2011
- Ben Elmore, Lease Savings Clauses and Equitable Doctrines: Production in Paying Quantities, Cessation of Production, Shut-in Royalties, Ratification and Revivor, 36th Annual Ernest E. Smith Oil, Gas & Mineral Law Seminar, April 8-9, 2010
- Ben Elmore & Jim Perdue, Jr., Modern Trends in Oil & Gas Litigation, State Bar of Texas Advanced Civil Trial Seminar, July 22-23, 2010
- Ben Elmore and E.R. Norwood, The Discovery Rule Ten Years After HECI v. Neel - Does It Apply to Oil and Gas Claims?, Oil, Gas and Energy Resources Law Section Report, Vol. 34, No. 1 (Sept. 2009) and presented at South Texas College of Law, 22nd Annual Energy Law Institute (2009)
- "Primer on Texas Oil & Gas Law,” Jefferson County Bar Association
- Southeast Texas Land, Mineral & Royalty Owner Seminar, Jasper County, Texas
PROFESSIONAL ASSOCIATIONS & MEMBERSHIPS
- Texas Bar Foundation, Member
- Houston Bar Association, Member
- First Judicial District Bar Association, Member
- State Bar of Texas
Ben Elmore
belmore@wattbeckworth.com
D: +1 713.333.9106
1800 Pennzoil Place
South Tower
711 Louisiana Street
Houston, TX 77002
T: +1 713.650.8100
F: +1 713.650.8141
Practice Areas
Oil & Gas
Business Litigation
Complex Litigation
Trade Secret
Tort Litigation
Catastrophic Injury
Product Liability