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An Ounce of Prevention

An Ounce of Prevention

By: R. Reese & Associates
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Benjamin Franklin famously said that “An ounce of prevention is worth a pound of cure,” and we completely agree. On An Ounce of Prevention, Rachel Reese explores the legal developments affecting your business, helping you protect your interest and prevent legal trouble. Rachel Reese, the Founder and CEO of R. Reese & Associates, draws on her many years of experience in energy law to bring you up-to-date information. She also interviews experts on their work, offering a wide range of perspectives on the intersection of law and energy.© 2025 Podcast Monkey Economics Management Management & Leadership
Episodes
  • Overstated, Overlooked, Overpaid: The Hidden Risk in Oil & Gas Deals
    May 19 2026


    In oil and gas transactions, reserve reports and engineering assumptions can directly impact valuation, financing, and investment decisions—but not every estimate tells the full story. In this episode of An Ounce of Prevention, host Rachel Reese sits down with Thad Toups, President of Haas & Cobb and a licensed professional engineer, to discuss the role third-party engineering firms play in evaluating reserves, forecasting production, and helping buyers, sellers, lenders, and investors understand risk.


    Thad explains how Haas & Cobb approaches reserve analysis across both conventional and unconventional assets, including the growing challenges of forecasting mature shale wells. He breaks down why “best fit” decline curves can overstate reserves, how well interference changes production behavior over time, and why buyers relying on overly optimistic forecasts can significantly overpay for assets. The conversation also explores confidence intervals in reserve reporting, the difference between proved reserves and P50 estimates, and how reserve assumptions change depending on whether the audience is a buyer, lender, or public company auditor.


    Rachel and Thad also discuss several emerging trends in the industry, including renewed interest in water flooding and conventional recovery techniques, increasing scrutiny from the PCAOB on reserve reporting assumptions, and growing disputes related to water disposal and seismicity in the Permian Basin. In addition, Thad shares insight into the rapid development of Argentina’s Vaca Muerta shale play and why international opportunities are drawing more attention as high-quality domestic inventory becomes increasingly concentrated among large public operators.

    Before the discussion, Rachel delivers a case law update on Clarke v. Yu, a California dispute involving an alleged oral joint venture agreement related to a proposed biomedical technology company. The court held that because the proposed venture could not reasonably be completed within one year, the statute of frauds required the agreement to be in writing. Without a written agreement, the plaintiff’s claims failed. The decision serves as an important reminder that informal business discussions and exchanged ideas are not substitutes for properly documented agreements.


    If you’re involved in oil and gas transactions, reserve evaluations, energy investing, or business partnerships, this episode provides a practical look at how engineering assumptions, legal structures, and risk analysis intersect in today’s energy market.

    Time Stamps / Chapters

    00:00 — Why reserve forecasting in unconventional wells is getting more difficult
    01:07 — Host intro and case law update setup
    01:32 — Clarke v. Yu: oral joint venture dispute and statute of frauds ruling
    04:38 — Key Takeaway: Why business discussions are not enough without written agreements
    05:08 — Guest introduction: Thad Toups, President of Haas & Cobb
    05:38 — What third-party engineering firms actually do
    07:20 — Renewed interest in water flooding and conventional assets
    08:09 — Water flooding, unitization, and regulatory considerations
    08:56 — Forecasting challenges in unconventional shale wells
    10:24 — Expert witness work and water disposal disputes in the Permian Basin
    12:32 — PCAOB scrutiny and increased diligence on reserve reporting
    14:17 — Proved reserves vs P50 estimates explained
    16:50 — Why lenders require conservative reserve estimates
    17:49 — Argentina’s Vaca Muerta shale play and international opportunities
    20:47 — Final thoughts on engineering, clients, and industry growth

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    23 mins
  • M&A Mistakes That Can Derail Your Deal (And How to Avoid Them)
    May 5 2026

    Most deals don’t fall apart because of one major issue—they fall apart because of small problems that stack up over time. In this episode of An Ounce of Prevention, host Rachel Reese sits down with Alex Sanchez, Director in Bridgepoint Consulting’s Dallas–Fort Worth practice, to break down what actually drives deal success (or failure) in the middle market and why preparation before a sale matters more than anything that happens during negotiations.


    Alex shares how his team helps companies prepare for transactions by aligning financials with operations, identifying risks early, and ensuring that the story a company tells is backed by real, defensible data. He explains why messy financials, unclear revenue streams, and lack of alignment between teams can quickly erode buyer confidence and reduce valuation—even when the underlying business is strong.


    The conversation also dives into the most common deal breakers, including revenue quality, customer concentration, missing or weak contracts, and underestimated working capital needs. Alex and Rachel discuss why these issues are rarely fatal on their own, but become problematic when they aren’t identified and addressed early. They also explore the challenges around earnouts, how misaligned incentives can drive the wrong behavior post-close, and why many buyers are becoming more cautious about relying on them.


    Before the discussion, Rachel delivers a case law update on Anadarko v. Alternative Environmental Solutions, a Fifth Circuit decision highlighting how choice of law and indemnity provisions operate in multi-state contracts. The court upheld the application of Texas law based on the parties’ agreement and reinforced that indemnity provisions can require one party to cover litigation costs arising from its own violations—even in complex, multi-jurisdictional disputes. The case underscores how contract structure can directly impact financial exposure in litigation.


    If you’re preparing for a transaction, evaluating a potential acquisition, or thinking about how to protect value in a deal, this episode offers a practical look at where deals go wrong—and how to get ahead of those issues before they cost you.

    Time Stamps / Chapters
    00:00 — Introduction to the podcast
    00:34 — Host intro and case law update setup
    01:14 — Anadarko v. AESI: case overview, indemnity dispute, and choice-of-law ruling
    04:51 — Practical takeaway: contract structure and risk exposure
    05:27 — Guest introduction: Alex Sanchez, Bridgepoint Consulting
    06:16 — Getting a company ready for sale: aligning financials and operations
    08:08 — How messy data and weak financials reduce valuation
    10:23 — Key deal risks: revenue quality and customer concentration
    12:42 — Importance of contracts and diligence depth
    13:50 — Legal and finance alignment in transactions
    14:57 — Earnouts and the risks of misaligned incentives
    17:54 — Integration challenges and execution realities
    21:02 — Bridging the gap between operators and private equity
    23:15 — Final thoughts: ensuring value matches what you pay for

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    25 mins
  • Estate Planning and Incapacity: Who Has Legal Authority?
    Apr 21 2026

    Most people think estate planning is something they can put off—but the real risk isn’t what happens after death, it’s what happens if you’re unable to make decisions tomorrow. In this episode of An Ounce of Prevention, Miguel Otero, Junior Associate at R. Reese & Associates, explains why estate planning is ultimately about control: who can act on your behalf, how decisions are made, and whether your wishes are followed when it matters most.

    Miguel breaks down the core components of an effective estate plan, including trusts, powers of attorney, and medical directives, and explains how these tools work together to avoid court involvement, reduce delays, and protect your family from unnecessary stress. He also challenges the idea that estate planning is only for high-net-worth individuals, emphasizing that anyone with assets, responsibilities, or dependents benefits from having a plan in place.

    The episode also includes a case law update on Heppner v. United States, where the court held that communications with a publicly available AI platform are not protected by attorney- client privilege. Because AI tools are not attorneys and do not provide confidential relationships, relying on them for legal strategy can create significant risk. The takeaway is clear: legal protection comes from working with counsel, not from interacting with a machine.

    If you want to reduce uncertainty, protect your family, and ensure your decisions are carried out as intended, this episode provides a clear framework for why estate planning should be addressed sooner rather than later.

    Time Stamps / Chapters
    00:00 — Why estate planning isn’t about death
    00:17 — Intro
    00:43 — Host introduction and case law update setup
    00:54 — Heppner v. United States: case overview and AI privilege dispute
    02:29 — Why privilege and work product protections did not apply
    05:14 — Introduction to estate planning fundamentals
    05:36 — Core estate planning documents explained
    06:01 — The role of trusts in estate planning
    06:21 — Types of trusts: revocable, testamentary, irrevocable, special needs
    07:03 — The real risk: incapacity, not just death
    07:38 — RR&A: Expanding Beyond Oil & Gas
    09:11 — What happens when there is no estate plan
    09:47 — Probate, delays, and public exposure of assets
    10:13 — Emotional and financial impact on families
    10:42 — Final takeaway: intentional decisions vs default outcomes
    11:04 — Closing remarks

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    12 mins
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