Lewis Mosburg Expert Witness
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 LEWIS G. MOSBURG, JR.

Education:

 1954: Bachelor of Arts Degree, University of Oklahoma

 1956: Juris Doctor Degree (with honors), University of Oklahoma

 Elected to Phi Beta Kappa in Junior Year

 Order of the Coif

 Member, Board of Editors, Oklahoma Law Review

Legal Experience:

 Actively engaged in the practice of law for over forty years, with practice primarily involving oil & gas, real estate, and direct participation investments.  Clientele is nationwide.

 Employment includes:

 1957 - 1958:  Staff Attorney, Amoco Production Company predecessor companies, Oklahoma City, Oklahoma

 1958 - 1964:  Private Practice of Law, Oklahoma City, Oklahoma (sole practitioner and Member of the Firm, Fuller, Smith, Mosburg, Davis & Bowen and predecessor firms)

 1964 - 1978:  Member of the Firm, Andrews, Mosburg, Davis, Elam, Legg & Bixler, Inc. and predecessor firms, Oklahoma City, Oklahoma

 1978 to January, 1989:  Member of the Firm, Mosburg, Sears, Kunzman & Bollinger, Inc. and predecessor firms, Oklahoma City, Oklahoma

 January, 1989 - February, 1989: Private Practice of Law, Tulsa, Oklahoma

 February, 1989 to June, 1989: Of Counsel, Pray, Walker, Jackman, Williamson & Marlar, Tulsa, Oklahoma

 July, 1989 to February, 1991: Private Practice of Law, Tulsa, Oklahoma

 February, 1991 to September, 1994:  Of Counsel, Clary, Nantz, Wood, Hoffius, Rankin & Cooper, Grand Rapids, Michigan

 September, 1994 to November, 1999:  Private Practice of Law and Independent Consultant, Grand Rapids, Michigan

 November, 1999 to Present:  Formerly Of Counsel, now Senior Principal, Stenger & Stenger, Grand Rapids, Michigan

 Also served as counsel to Dickstein, Shapiro & Morin, Washington, D.C. and New York, New York

 Mr. Mosburg also is presently serving as Conservator for Basic Energy & Affiliated Resources, Inc., an oil and gas company headquartered in Dearborn, Michigan, and affiliated corporations, pursuant to an order entered by the United States District Court for the Eastern District of Michigan (Southern Division) in December, 1994 in Securities and Exchange Commission vs. Basic Energy & Affiliated Resources, Inc., et al., Case No. 94 CV 74434.

 Member: Michigan and Oklahoma Bar Associations. Former member: Federal Power Bar Association and Oklahoma County Bar Association (Director, 1961 - 1964).

Committees, Etc.:

 Vice Chairman, Oil & Gas Task Force, Institute of Certified Financial Planners' Financial Products Standards Board

 Chairman, Industry Advisory Committee to North American Securities Administrators' Oil & Gas Interests Committee

 Member, Oil & Gas Advisory Committee and Real Estate Advisory Committee to California Commissioner of Corporations

 Member, Direct Participation Program Committee of the National Association of Securities Dealers, Inc.

 Special Counsel and General Counsel, Oil Investment Institute

 Awarded honorary designation as "Specialist in Real Estate Securities" ("S.R.S.") by Real Estate Securities and Syndication Institute, an affiliate of the National Association of Realtors

 Designated Coordinator of The Energy Due Diligence Group

Special Qualifications:

 In General. Extensive public speaking, writing and expert witness services on various subjects in the areas of oil and gas, real estate, and tax-sheltered and direct participation investment and financing

 Public Speaking and Lecturing. Speaking includes seminars presented on an international basis for such organizations as Southern Methodist University, the University of California (San Diego), New York University, the University of Tulsa, the University of Oklahoma, Petroleum Information Corporation, the Permian Basin Graduate Center, Institutes for Energy Development, the American Association of Petroleum Landmen, the Canadian Association of Petroleum Landmen, the Denver Association of Petroleum Landmen, the Houston Association of Petroleum Landmen, the Ohio Public Accountants Association, the Michigan Oil & Gas Association and the North Texas Oil & Gas Association, plus training seminars for Arthur Andersen & Co., the First National Bank of Boston, Amoco Production Company (including Amoco Petroleum Resources [Canada] and Amoco Overseas Exploration Company), Sohio, Gulf, Texaco, Mobil, Shell, Marathon, Fina, Tenneco Gas, Union Pacific, Anschutz Corporation, Halliburton, the Market Enforcement Division of the Securities and Exchange Commission, the National Association of Securities Dealers, the Gold Coast, New Orleans and Kansas City Chapters of the International Association of Financial Planners ("IAFP"), the P.M. Group, and numerous other industry, regulatory, investment banking and financial planning organizations, as well as speaking at the annual Due Diligence Conference of the IAFP.

 Seminar topics include such subjects as Contracts Used in Oil & Gas Operations, Advanced Oil & Gas Contracts, Petroleum Land Titles, Oil & Gas Leases, Petroleum Land Practices, The Model Form Operating Agreement, Farmout Agreements, Gas Balancing Agreements, International Joint Operating Agreements, Structuring Exploration Deals, Oil & Gas Economics and Taxation, Raising Money from Oil & Gas Investors, Real Estate Securities and Syndications, Horse Syndications, and Investing in Real Estate and Oil & Gas Under Tax Reform.

Publications.  Author of over one hundred books and audio cassette series, published by such organizations as Simon & Shuster, Institute for Business Planning (a Prentice-Hall subsidiary), Energy Textbooks Internationals, Inc., and Institutes for Energy Development. Publisher, co-author and Executive Editor of Lewis Mosburg's INTERNET OIL & GAS NEWSLETTER,™ www.mosburgoil-gas.com; and author of Lewis Mosburg's INTERNET OIL & GAS PRIMERS and numerous other internet publications.

The following publications have been authored and/or edited by Mr. Mosburg within the past ten years:

1. Selected Materials on Fundamentals of Titles, Leases, and Contracts (with accompanying Workshop Manual) (2002);

    • 2. Selected Materials on Advanced Concepts of Titles, Leases, and Contracts (with accompanying Workshop Manual) (2002)
    • 3. Selected Materials on International Operating Agreements (1998);
    • 4. Selected Materials on Gas Imbalance and Gas Balancing Agreements (with accompanying Workshop Manual) (1996).
  • The following is a list of articles written by Mr. Mosburg in Lewis Mosburg's Internet Oil & Gas Newsletter™ since its inception in 1996:
    • An Introduction to Oil & Gas Contracts:
      • Part 1:  "Introductory Concepts; Farmout Agreements" (November, 1996)
      • Part 2:  "Joint Operating Agreements" (December, 1996)
    • Area of Mutual Interest Provisions:
      • Part 1:  "Introduction" (January, 1999)
      • Part 2:  "Advantages and Disadvantages of Forming an Area of Mutual Interest" (February, 1999)
      • Part 3:  "Drafting Area of Mutual Interest Provisions" (May, 1999)
      • Part 4:  "Administrative Issues; Sample AMI Provision; Conclusion" (October, 1999)
  • Lewis Mosburg's Internet Oil & Gas Primer™ on Joint Operating Agreements:
      • Part 1:  "Introduction:  Why Joint Operations?" (January, 1999)
      • Part 2:  "Introduction:  'Model Form' Operating Agreements" (March, 1999)
      • Part 3:  "Working with the AAPL Model Form" (June, 1999)
  • Lewis Mosburg's Internet Oil & Gas Primer™ on Gas Balancing Agreements:
      • Part 1:  "Introduction to Gas Imbalance: How Gas Is Marketed" (November, 1996)
      • Part 2:  "Introduction to Gas Imbalance: Some Basic Concepts" (December, 1996)
      • Part 3:  "Rights of the Parties in the Absence of a Gas Balancing Agreement: Introductory Concepts" (January, 1997)
      • Part 4:  "An Introduction to 'Equitable Balancing'" (September, 1997)
      • Part 5:  "Right of a Co-Owner to Take Gas Disproportionately in the Absence of a Gas Balancing Agreement" (November, 1998)
      • Part 6:  "Operator Sales" (December, 1998)
      • Part 7:  "Disposition of Gas by the Operator:  'Marketing Letter' Sales" (February, 1999)
      • Part 8:  "Equitable Balancing: In-Kind Balancing" (April, 1999)
      • Part 9:  "Equitable Balancing: Cash Balancing" (August, 1999)
  • The Use of Seismic Options and Exploration Agreements as Exploration Tools:
      • Part 1:  "The Seismic Option:  Seismic Options from Lessors" (April, 1997)
      • Part 2:  "The Seismic Option:  Seismic Options from Lessees: General Concepts; Contract Area Issues" (May, 1997)
      • Part 3:  "The Seismic Option:  Seismic Options from Lessees: 'Working Interest Area' Considerations; Defining the Seismic Obligation" (July, 1997)
      • Part 4:  "The Seismic Option:  Seismic Options from Lessees: The Farmout; Confidentiality of Information and Trading Rights; Term of the Agreement" (November, 1997)
      • Part 5:  "Exploration Agreements; Conclusion" (January, 1998)

    Lewis Mosburg's Internet Oil & Gas Primer™ on International Joint Operating Agreements:

      • Part 1:  "Introductory Concepts" (November, 1996)
      • Part 2:  "Overview of the AIPN Model Form" (January, 1997)
      • Part 3:  "Coverage of Preliminary Matters in the AIPN Model Form:  Definitions:  'Parties' and 'Definitions: In General" (January, 1998)
      • Part 4:  "Coverage of Preliminary Matters in the AIPN Model Form:  Definitions:  Definition of Specific Terms of General Use" (May, 1998)
      • Part 5:  "Coverage of Preliminary Matters in the AIPN Model Form:  Effective Date and Term of the Agreement" (July, 1998)
      • Part 6:  "Scope of the Agreement and Participating Interests" (January, 1999)
      • Part 7:  "The Government Oil Company as a Co-Venturer" (April, 1999)
  • Lewis Mosburg's Internet Oil & Gas Primer™ on The Oil & Gas Lease:
    • Part 1:  "Introductory Concepts" (November, 1996)
    • Part 2:  "Overview of a Representative Oil and Gas Lease" (December, 1996)
    • Part 3:  "Material Alteration" (March, 1997)
    • Part 4:  "Covenants Implied in Oil & Gas Leases" (June, 1997)
    • Part 5:  "The Granting Clause: Basic Concepts" (August, 1997)
      • Part 6:  "The Granting Clause: Use of the Leased Premises:  The General Right" (November, 1997)
      • Part 7:  "The Granting Clause: Use of the Leased Premises:  Restricting the Lessee's Use of the Leased Premises Through Statute, Regulation or Express Lease Provision" (June, 1998)
      • Part 8:  "The Granting Clause: Use of the Leased Premises:  Restricting to Uses Which Further the Extraction of Minerals from the Leased Premises" (July, 1998)
      • Part 9:  "The Granting Clause: Use of the Leased Premises:  Negligence and Excessive Use" (December, 1998)
      • Part 10: "The Granting Clause: Use of the Leased Premises:  Are the Lessee's Rights Exclusive?" (March, 1999)
      • Part 11: "The Granting Clause: Substances Covered by the Lease" (July, 1999)
  • Lewis Mosburg's Internet Oil & Gas Primer™ on Mineral Title Examination:
      • Part 1:  "The Ownership of Mineral Rights" (November, 1996)
      • Part 2:  "Multi-Party Ownership of Mineral Rights: Co-Ownership" (January, 1997)
      • Part 3:  "Multi-Party Ownership of Mineral Rights: Successive Ownership" (March, 1997)
      • Part 4:  "Multi-Party Ownership of Mineral Rights: Other Types of Divided Ownership" (April, 1997)
  • The Whys and Hows of Oil and Gas Investment in the New Millennium:
    • Foreword (January, 1999)
    • Chapter One: The "Basics" of Oil & Gas Investment:
      • Part 1:  "The Purpose of Oil & Gas Investment" (February, 1999)
      • Part Two:  "The Benefits of Oil & Gas Investment: The Tax Advantages of Oil and Gas" (June, 1999)
    • Lewis Mosburg's Internet Oil & Gas Primer™ on Basic Principles of Oil & Gas Taxation:
      • Part 1:  "Introduction to Oil & Gas Taxation:  How Tax Consequences Impact on Project or Investment Return"
      • Part 2:  "Introduction to Oil & Gas Taxation:  An Overview of the Special Tax Principles Affecting the Oil & Gas Industry"
    • Lewis Mosburg's Internet Oil & Gas Primer™ on Securities Law Considerations for the Oil & Gas Investment Sponsor:
      • Part 1:  "Introduction to Oil & Gas and the Securities Laws: Why are Oil & Gas Interests 'Securities?"  (November, 1996)
      • Part 2:  "Introduction to Oil & Gas and the Securities Laws: Impact of 'Securities' Classification" (December, 1996)
      • Part 3:  "Introduction to Oil & Gas and the Securities Laws: Effect of Non-Compliance with Securities Laws" (April, 1997)

     Additional publications include Tax Consequences of Oil and Gas Exploration and Development Under Tax Reform, Structuring Exploration Deals, Selected Materials on Joint Operating Agreements (with accompanying Workshop Manual), Contracts Used in Oil & Gas Operations, Selected Materials on International Operating Agreements, Handbook on Petroleum Land Titles, Handbook on Basic Land Management, the Petroleum Explorationist's Guide to Titles, Leases and Contracts, Selected Materials on Gas Imbalance and Gas Balancing Agreements (with accompanying Workshop Manual), Selected Materials on Farmout and Support Agreements, Selected Materials on Limited Liability Companies: The Emerging Business Entity for the 1990s, Practical Implications of Michigan's New Limited Liability Company Act, the Tax Shelter Desk Book, the Tax Shelter Coloring Book, Techniques of Oil & Gas Tax-Shelter Financing, The Whys and Hows of Oil & Gas Investment, Real Estate Syndication Offerings: Law & Practice, Economics of Oil & Gas Investment, What You Need to Know About the Economics of Oil and Gas Investment, How--and Why--to Invest in Real Estate and Oil & Gas Under Tax Reform, Selected Materials on Securities Law Considerations for the Oil & Gas Sponsor, plus audio cassette series on Petroleum Land Titles, The Oil & Gas Lease, Investing in Oil, and Private Placements in Oil Under SEC Regulation D

     Featured writer and columnist for Physician's Tax Advisor, Investor's Tax Shelter Report, National Tax Shelter Digest, Financial Product News, and Investment Dealers' Digest, and has been the subject of three interviews in Oil & Gas Investor magazine. Digest of Financial Planning Ideas' Advisory Board for The Stanger Register.

     Expert Witness Services.  Extensive experience as an expert witness and litigation consultant in the areas of practices in the oil & gas industry, oil & gas and real estate securities and taxation, and limited partnership financing, marketing practices, and legal and economic due diligence.

      Mr. Mosburg has testified as an expert in the following matter within the preceding four years: 

      • Brown v. Burlington Resources, Inc., et al., First Judicial Court, Santa Fe, New Mexico, Case No. D-0101-CV-2003-0007:
        • Testified in 2005 as expert witness concerning gas allocation and balancing issues.

      Judicial and administrative matters in which Mr. Mosburg has testified or been deposed or retained as an expert include the following:

      • Video deposition as expert witness on interpretation of purchaser's obligation under natural gas contract
      • Testimony as expert witness on characterization of oil & gas contract (Federal Energy Regulatory Commission)
      • Testimony as expert witness on interpretation of title requirements in contract for purchase of oil & gas producing properties (Oklahoma state court)
      • Preparation for testimony concerning interpretation of farmor's reservation under oil & gas farmout agreement
      • Preparation for testimony concerning interpretation of depth restrictions under oil & gas farmout agreement
      • Preparation for testimony concerning interpretation of purchaser's minimum purchase obligations under gas purchase agreement, including preparation of Affidavit in Support of Motion for Partial Summary Judgment (Texas state court)
      • Deposed as designated expert witness concerning interpretation of Joint Operating Agreements and industry practices concerning payment of disputed invoices (Michigan state court) 
      • Testimony as expert witness concerning industry practices as to interests assigned and reserved under "wellbore" farmout agreement (Oklahoma state court)
      • Designated as expert witness concerning interpretation of purchaser's minimum purchase obligations under gas purchase agreement, including impact of title conditions and interpretation of force majeure and governmental regulation clauses (Oklahoma state court)
      • Retained as expert witness concerning interpretation of gas purchase agreement, including extent of gas committed and effect on take-or-pay obligation (Oklahoma federal court)
      • Testified as expert witness concerning interrelationship of Farmout and attached Joint Operating Agreements and interpretation thereof (Louisiana federal court)
      • Designated as expert witness in industry practices concerning gas balancing in absence of applicable statute or gas balancing agreement
      • Testified as expert witness in industry practices concerning Operator removal provisions of AAPL Model Form Operating Agreement (Oklahoma state court)
      • Deposed as expert witness in industry practices concerning the marketing of natural gas, including "Operator" sales on behalf of other parties, operation of "market out" clauses and practices in the giving of notice (Texas state court)
      • Designated as expert witness on industry practices concerning interrelationship of voluntary joint operating agreements and regulatory agency orders (Wyoming state court)
      • Consultation concerning industry practices relating to joint participation in oil and gas wells (Colorado gas unit)
      • Designated as consulting expert concerning industry practices in taking of leases and acceptability of title (Colorado federal court)
      • Deposed as expert witness concerning industry practices in entering into farmout agreements (Wyoming federal court)
      • Deposed as expert concerning duties under a joint operating agreement (West Virginia state court)
      • Designated as consulting expert concerning duties of Operator to Non-Operator under Joint Venture (Michigan state court)
      • Designated as consulting expert concerning calculation of royalties, implied covenant to market, and responsibilities of Operator to Non-Operators in marketing of natural gas (Michigan state court)
      • Designated as consulting expert concerning industry custom and practice concerning a Farmee's obligations under a Farmout Agreement and the financing of wells (Colorado Federal Court)
      • Retained as consulting expert concerning industry custom and practice in cases of gas imbalance, including preparation of Affidavit (New Mexico State Court)
      • Retained as consulting expert concerning interpretation of Area of Mutual Interest provisions under industry custom and practice, including preparation of report (Alaska Federal Court)
      • Retained as consulting expert concerning ownership of equipment under international Farmout and Operating Agreements, including preparation of report (Delaware Arbitration)
      • Designated as expert witness concerning interpretation of acquisition and Joint Operating Agreements, including preparation for deposition (Michigan State Court)
      • Testified as expert witness concerning gas allocation and balancing issues (New Mexico State Court)
      • Deposed as designated expert witness concerning practices in preparation of SEC oil & gas limited partnership registration statements (Multi-District Litigation)
      • Testimony as expert witness concerning practices in preparation of SEC real estate limited partnership registration statements (Washington state court)
      • Testimony as expert witness concerning due diligence practices among major investment banking firms and industry and investment conditions in oil & gas SEC-registered and private oil & gas limited partnerships (NASD arbitration proceeding, Chicago)
      • Consultation concerning disclosure practices, adequacy of underwriter due diligence, and industry economic conditions affecting SEC-registered and private oil & gas limited partnerships (Michigan courts)
      • Consultation concerning adequacy of disclosure and underwriter due diligence, including customary practices in the investment banking industry, affecting oil & gas limited partnerships (Texas federal court)
      • Deposed as designated expert witness concerning disclosure practices, investment banking practices, and industry conditions affecting oil & gas limited partnerships (Texas federal court)
      • Deposed as designated expert witness concerning disclosure practices, investment banking practices, industry conditions, and adequacy of and industry practices among investment banking firms concerning economic due diligence affecting oil & gas limited partnerships
      • Deposed as expert witness concerning underwriter's duties in real estate limited partnership (Arizona State Court) 
      • Consultation concerning adequacy of disclosure and underwriter's duty to investigate in private oil & gas limited partnership offering (Florida federal court)
      • Testimony concerning adequacy of disclosure and underwriter's due diligence practices in private oil & gas limited partnership offering (Illinois federal court)
      • Deposed as expert witness concerning bank lending practices and bank obligations in oil and gas investments.
      • Consultation concerning adequacy of disclosure in public oil & gas limited partnership (Massachusetts federal court)
      • Designated as expert witness concerning bank lending practices (and practices of lender's counsel), and disclosure practices and practices and duties of counsel for issuer, in private oil & gas limited partnership (California federal court)
      • Deposed as designated expert witness concerning adequacy of disclosure in private oil & gas limited partnership, typical investor interest in various factors concerning such investments, the nature and significance of exploratory versus developmental drilling, assessments, and the use of "Prior Activities" tables in such investments (Indiana district court)
      • Deposed as expert witness concerning underwriter obligations in real estate limited partnership offerings.
      • Consultation concerning distinction between investing as "Fractional Interest" Working interest Owner in oil & gas well and as owner of Limited Partnership Interest (Missouri court)
      • Preparation for testimony as expert witness concerning adequacy of tax advice concerning oil & gas prepayments
      • Deposed as an expert witness concerning adequacy and industry custom and practice relating to disclosure of self-dealing, compensation, and matters relating to driller-operator in oil and gas limited partnership private placement memorandum (Kansas federal court)
      • Designated as expert witness concerning adequacy of disclosure in exchange offers (California state court)
      • Testified as expert witness concerning adequacy of disclosure in oil and gas working interest offerings (Arizona state court)
      • Retained as expert witness concerning fiduciary and contractual responsibilities of General Partners in oil and gas limited partnerships, including preparation of Affidavit in Support of Motion for Summary Judgment (Arizona state court) 

     Within the last four years, Mr. Mosburg has testified as an expert witness concerning gas allocation and balancing issues in Brown v. Burlington Resources, Inc., et al., First Judicial Court, Santa Fe, New Mexico, Case No. D-0101-CV-2003-0007.

    Copyright © 1996 - 2007
      by Lewis G. Mosburg, Jr.

    "Lewis Mosburg's OIL & GAS NEWSLETTER"™
    and "Lewis Mosburg's OIL & GAS PRIMERS"™
     are trademarks of Lewis G. Mosburg, Jr.
    Expert Witness