Martin P. Averill
T: 214.954.4135 F: 469.320.6831
Marty Averill is a Member of Gray Reed & McGraw's Energy section in Dallas where he is an oil and gas attorney with significant experience in both transactional and litigation matters. His practice is diversified among various issues common to midstream and upstream oil and gas production and pipeline operations, litigation and transactions, including:
- Acquisition and divestiture of assets, due diligence
- Joint exploration and operation negotiations and agreements
- Leasing, surface use agreements, easements
- Lender and borrower representations in secured lending facilities
- Pipeline easements, cleaning and maintenance, eminent domain
- Gas gathering and purchase agreements
- Litigation and arbitration both federal and state
- Bankruptcy representation for industry creditors and operators
- Lead counsel in $60 million acquisition of midstream assets and negotiation of gas, condensate and water contracts.
- Fifth Circuit upholds subcontractor lien priority in bankruptcy Fall 2014.
- Injunction to remove operator for willful misconduct Fall 2014.
- Obtained directed verdict on all claims for real estate developer in real estate fraud and breach of contract case (Williamson County, Texas, October 2010).
- Arbitration award removing operator for insolvency and “good cause” under JOA.
- Summary judgment dismissing claims of personal liability for company debt December, 2009: Full $6 million recoupment settlement for operator.
- Unanimous jury verdict for real estate developer in pipeline condemnation trial.
- Injunction against enforcement of unconstitutional drilling and road repair ordinance.
- Lead counsel in bankruptcy adversary - structured and negotiated $50 million purchase of distressed assets for client.
- Lead counsel for sale of over $20 million of producing interests.
- Antitrust, gas gathering, NEPA, Pipeline Safety Act, drilling ventures, mineral titles, pipeline cleaning and repair, IPO due diligence.
- Law clerk to Chief Justice Pascal F. Calogero of the Louisiana Supreme Court
Professional Activities, Memberships & Affiliations
- State Bar of Texas, Admitted 2000
- Louisiana State Bar, Admitted 1996
- Dallas Bar Association: Energy Section
- From 2007-2010 was an Editor of the American Bar Association's Energy Litigation Journal. He is also an author and lecturer on legal topics relevant to the oil and gas industry.
Community Involvement, Memberships & Affiliations
- YMCA Youth League Coach (2008 - 2012)