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Brian Farabough

Brian W. Farabough

Partner

Brian W. Farabough has practiced law in Amarillo with Lovell, Lovell, Isern & Farabough, LLP since being admitted to the Texas Bar in 2011. Brian is Board Certified by the Texas Board of Legal Specialization in Oil, Gas and Mineral Law. His practice focuses on oil and gas matters, contract and business disputes, contractor representation, cattle transaction disputes, and landowner representation in all types of matters, including condemnation. His oil and gas practice covers everything from the review and drafting of industry contracts to representing clients in oil and gas disputes through trial and appeal. On behalf of his clients in Texas, Oklahoma and Kansas, he regularly seeks the enforcement and/or protection of real property rights and rights under the terms and provisions of contracts and real property conveyance instruments. Brian also assists his clients with the collection of amounts owed for unpaid work, services and materials through breach of contract lawsuits and the filing and foreclosing of liens.

If you do not have a legal question for Brian, ask him about one of the other things that keep him busy outside of the office – his wife Becca, his daughter Lulu, or Texas prehistory and archaeology.

Education
  • Southern Methodist University, Dedman School of Law, Juris Doctorate, 2011
  • Southern Methodist University, Cox School of Business, Master of Business Administration in Energy Finance and Real Estate Development, 2011
  • University of Texas at Austin, Bachelor of Arts in History and Anthropology/Archaeology, cum laude, 2005
  • Texas, 2011
  • Oklahoma, 2017
  • Kansas, 2018
  • United States Fifth Circuit Court of Appeals
  • United States District Court for the Western District of Oklahoma
  • United States District Court for the Northern District of Texas
  • United States District Court for the Southern District of Texas
  • Board Certified in Oil, Gas and Mineral Law by the Texas Board of Legal Specialization, 2018
  • State Bar of Texas, Member
  • Amarillo Area Bar Association
    • Young Lawyers Division, Former Executive Board Member
    • Former Executive Board Member
  • Panhandle Association of Petroleum Landmen
  • Panhandle Producers and Royalty Owners Association
  • Texas Bar College
  • Texas Bar Foundation
  • Texas Super Lawyers Rising Stars List, Energy & Natural Resources, 2017 – 2021
  • Production in Paying Quantities Discussion in a Distressed Environment, SBOT 38th Annual Advanced Oil, Gas and Energy Resources Law, September 2020.
  • Texas Mechanic’s Liens and Construction Payment Issues, Virtual Café Con Nosotros, Amarillo Hispanic Chamber of Commerce in partnership with the Texas Panhandle Builders Association, April 2020.
  • Flag on the Play!  Infractions in the Oil, Gas and Mineral Patch and a Playbook for Owners to Fight Back, Oil & Gas Symposium, February 2020
  • Mini Ag Conference, Texas A&M AgriLife Extension Service, 2018
  • Surface Owner’s Rights for Wind Turbines & Water, Ochiltree Farm & Ranch Gathering, September 2016 in Canadian on similar issues November 2016
  • Mini Ag Conference, Texas A&M AgriLife Extension Service, 2016
  • Mini Ag Conference, Texas A&M AgriLife Extension Service, 2015
  • Production in Paying Quantities Discussion in a Distressed Environment, Chapter 18, SBOT 38th Annual Advanced Oil, Gas and Energy Resources Law, September 2020.
  • “Competency Catch-22: A Plea for Attorney Discretion When Considering Competency Evaluations for Defendants Facing Minor Charges,” Voice for the Defense, Vol. 38 No. 9, pp.25-31, (2009); Contributing Author.

Oil & Gas Disputes

  • BP Am. Prod. Co. v Red Deer Res., LLC, 466 S.W.3d 335 (Tex. App.—Amarillo 2015), rev’d, 526 S.W.3d 389 (Tex. 2017)
  • Clark v. ConocoPhillips Company, 14-14-00034-CV, 2015 WL 1956870 (Tex. App.–Houston [1st Dist.] 2015, no pet. h.).
  • BP Am. Prod. Co. v. Laddex, Ltd., 458 S.W.3d 683 (Tex. App.—Amarillo 2015), aff’d, 509 S.W.3d 906 (Tex. 2017)
  • Crawford v. XTO Energy, Inc., 455 S.W.3d 245 (Tex. App.—Amarillo 2015), rev’d, 509 S.W.3d 906 (Tex. 2017)
  • Phillips Petroleum Co. v. Yarbrough, 12-0198, 2013 WL 311954 (Tex. June 21, 2013).

The Texas Supreme Court announced their decision in Richard D. Crawford v. XTO Energy Inc. (Cause #15-142) on Friday, February 3, 2017. This case addressed whether the owner of a small mineral tract who has to sue the operator for unpaid royalties can be forced to also sue all the adjacent royalty owners or others who receive money the operator claims was for royalties on the small mineral tract.

The Court ruled that the trial court abused its discretion in holding that the adjacent landowners are necessary parties under Rule 39 merely because of XTO’s payments to them, and in dismissing Crawford’s suit for his failure to join those adjacent landowners. The Court reversed the court of appeals’ judgment and remanded the case to the trial court for further proceedings consistent with its opinion.

To review the Court’s opinion, follow the below link:
https://www.txcourts.gov/supreme/orders-opinions/2017/february/february-3-2017.aspx

To watch a recording of Brian Farabough’s oral arguments in this case, follow the link below:
RICHARD D. CRAWFORD V. XTO ENERGY INC. (15-0142) – view video
9/15/2016 @ 9:00 AM (length 44:11)
Originating county: Tarrant County
Originating from: 7th District Court of Appeals, Amarillo

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Talk to a member of our legal team today. We are Board Certified in Oil, Gas and Mineral Law; Civil Trial Law; and Personal Injury Trial Law by the Texas Board of Legal Specialization. We have won awards including Texas Super Lawyers Rising Stars in Energy & Natural Resources and Texas Super Lawyers in General Litigation and Personal Injury. Many of us are rated AV Preeminent by Martindale-Hubbell – the highest possible rating for ethics and skill in our industry. All communication is kept confidential and private.