Holland & Hart News

Utah Court Decides Landman Is Employee, Not Independent Contractor

   

By Steven Gutierrez and Lois Baar

The Utah Court of Appeals recently held that an individual who worked for an oil and gas exploration company for four months under an independent contractor agreement and who “generally performed work that fit within the duties of landmen,” was an employee and not an independent contractor. The landman's wages were therefore subject to unemployment insurance taxes.

Read full newsletter, here.

Members of H&H Foundation Receive Humanitarian Award

On January 13, Sam and Jean Guyton will be awarded the Dr. Martin Luther King Jr. Lifetime Humanitarian Award. They will be presented with the award during a community reception and concert by the Colorado Symphony Orchestra, held annually to celebrate Dr. King's life and work. The award honors individuals and organizations who have given freely of themselves to others, stirred hope and built a better world. The Guytons were selected for their work with the Holland & Hart Foundation, specifically on the Mississippi Project. Inspired by the film, "Lalee's Kin: The Legacy of Cotton," the Foundation adopted the students of the West Tallahatchie School District in Sumner, Mississippi. The Guytons rented a truck and drove down over $1,000 for the purchase of text books, more than 200 boxes of school supplies, clothing and sports equipment. The Foundation then sent 22 students on a trip to New York. Sam also makes personal donations on an annual basis to the West Tallahatchie school district, by providing the Valedictorian with a grant for college.

CAFC Holds DOD Contract Goals for Small Disadvantaged Businesses Unconstitutional

 
By Charles Lucy & John Scorsine

In a dramatic election day decision, the Court of Appeals for the Federal Circuit (CAFC) has ruled 10 USC § 2323, Contract Goal for Small Disadvantaged Businesses and Certain Institutions of Higher Education, unconstitutional, casting a shadow over many longstanding federal contract preference programs.₁ Among other things, the statute created a 5% goal for federal contract awards to various entities, primarily small business concerns owned and controlled by socially and economically disadvantaged individuals. In addition to declaring the current version of 10 USC § 2323 facially unconstitutional, the Court’s opinion enjoins the application of the statute to federal procurement activity covered by the statute. 

Read the full newsletter, here.

Holland & Hart Attorney Interviewed

Holland & Hart oil and gas partner, William Carr was interviewed in the American Oil and Gas Reporter this month on New Mexico drilling and energy.

"Officials in two New Mexico counties are saying the drilling moratoria they have imposed are to protect the public. But William Carr, an attorney with Holland and Hart told the New Mexico Oil & Gas Association the real reason was to  give those governments time to develop regulations to block oil and gas development."

Read the full article, "Overzealous Environment Traps N.M. Producers," here.

In the Wake of the Election

Litigation associate, Dan Pabon was quoted today in the Los Angeles Times, as he reflected upon the magnitude of President-elect Obama's election on November 4th. As a volunteer for Obama's campaign, Pabon commented, "Seeing a person of color rise to this office gives hope to all persons of color -- hey, you could do this, the American dream still is within reach."

Read the full article, "Elation, doubts on the day after," here.

Hunting vs. heating your home

Balancing conflicting interests in Colorado

 

By Tasha Newland

Colorado is home to some of the most healthy and vibrant wildlife communities in the Rocky Mountain West. It’s also home to some of the most abundant and accessible reserves of a critical clean energy source: natural gas. As the demand for natural gas has grown, so too has pressure to protect wildlife and wildlife habitats that can be impacted by natural gas development.

Read the full article published by Colorado Biz magazine, here.

In China, You Play By Another Set Of Rules

When you are doing business in China, the rules, timing, manner and substance of your transaction are unique

By Ashley Wald

As the entire world observed in August at the 2008 Olympic Games in Beijing, China has emerged with unparalleled force onto the world stage. Most businesses are aware of the lure of the Chinese market, and stories abound of unbridled opportunities and potential for financial gain. But with all great opportunities come significant risks. My experience practicing at an international law firm in Beijing, China, taught me first-hand that not every business can, or should, go to China. This experience also helped me gain some insight as to what any attorney advising a client about doing business in China should keep in mind.

Read the entire article in The Complete Lawyer, here.

When you are doing business in China, the rules, timing, manner and substance of your transaction are unique

By Ashley Wald

As the entire world observed in August at the 2008 Olympic Games in Beijing, China has emerged with unparalleled force onto the world stage. Most businesses are aware of the lure of the Chinese market, and stories abound of unbridled opportunities and potential for financial gain. But with all great opportunities come significant risks. My experience practicing at an international law firm in Beijing, China, taught me first-hand that not every business can, or should, go to China. This experience also helped me gain some insight as to what any attorney advising a client about doing business in China should keep in mind.

Read the entire article in The Complete Lawyer, here.