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Daniel M. Kennedy, M.S., J.D.

dkennedy@kmd.law
(713) 936-9620 x111

Daniel Kennedy is a business and commercial transactions attorney. His background in engineering, business, and law allows him to tackle your most complex transactions, particularly in oil and gas or intellectual property matters.

His energy experience covers the full value chain of oil and gas, including title matters, joint venture and drilling agreements, midstream and commercial agreements, and EPC contracts.

Dan received his masters in chemical engineering from Auburn and a law degree from Baylor. Early in his career, he worked closely with small business, universities, and government institutions to help commercially develop high-tech filters and catalysts with alternative energy, commercial, or residential applications. With this experience and exposure to the commercialization and regulatory aspects of chemical engineering, Dan followed that path into law school, where he excelled at breaking down complex technological or legal concepts in a way that people with diverse backgrounds can understand.

He works with small businesses, exploration & production companies, midstream oil & gas companies, and can handle a number of other concerns including international and entertainment law. Daniel Kennedy is licensed to practice law in Texas, the US Eastern District of Texas, and before the United States Patent and Trademark Office. He is based in the Houston, Texas, office for Kearney, McWilliams & Davis, PLLC.

Representative Deals and Transactions:

Midstream

  • Provided legal and negotiation advice to a mid-sized E&P Company (DJ Basin) on a $1.6 mil. dispute against a large Midstream Company, in the DJ Basin, over NGL transportation and fractionation options in their gathering and processing agreement
  • Provided legal and negotiation advice to a mid-sized E&P Company (DJ Basin) on a $2 mil. dispute against a Top 3 Midstream Company, regarding application of contract clauses in separate agreements for the gatherer and processor over measurement, audit rights, and limitations of liability
  • Negotiated and restructured an existing $40 mil. gathering and processing agreement for ConocoPhillips against a Top 10 Midstream Company, addressing key issues around title to gas, take-in-kind rights, ethane rejection, and the effect of the contract changes on reserves and production reporting
  • Supported negotiation of a $1 bil. Midstream agreement in the Bakken with a (different) Top 10 Midstream Company during an 8+ rig drilling program; responsibilities included addressing compliance with new state flaring regulations, supporting the land department with right-of-way issues on federal lands, communicating to operations Midstream issues and limitations with aggressive multi-pad drilling
  • Developed an infrastructure strategy with a Midstream Provider for a new well development program in the Granite Wash, taking into consideration existing low-pressure systems, compression, and new transportation options in the area

Exploration & Production

  • Restructured a distressed $3 mil. E&P company, including assistance with renegotiation of third-party agreements, building a management team, addressing claims and liens, and coordinating with bankruptcy co-counsel
  • Executed a COP Vice President’s business objective to negotiate an agreement with a retail natural gas provider to manage compliance with an Oklahoma regulation, and similar Texas leasehold requirements, that require a producer to provide wellhead gas to landowners; ensured the contract scope and language complied with OCC and DOT regulations while meeting COP’s business and safety standards

Regulatory and Environmental

  • Drafted corporate formation and regulatory compliance documents for a start-up $5 mil. electricity-trading hedge fund and successfully developed and executed a Federal and State regulatory strategy that provides exceptions & exemptions from registration requirements under the Investment Company Act, the Investment Adviser’s Act, changes from Dodd-Frank and other recent amendments, the Commodity Futures Trading Commission, Texas Blue Sky Laws, and ERCOT
  • Represented El Paso Corporation as lead negotiator on a $40 mil. Engineering, Procurement, and Construction agreement for an environmental remediation project in New Jersey; key issues included coordination of complex legal, regulatory, commercial, and technical requirements, providing contractual flexibility to maintain regulatory compliance as new environmental issues are discovered, balancing said flexibility against scope creep and contract enforceability

Prior Experience:

  • ConocoPhillips Company: Gathering and Processing, Commercial, Joint Operating, Joint Development agreements
  • Kinder Morgan, formerly the El Paso Corporation: Environmental Remediation Engineering, Procurement and Construction, Specialized Equipment, Service Agreements

Memberships:

Education:

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