Zachary E. Bernard

Associate

Houston
T +1.713.646.1366
F +1.713.751.1717

Overview

The passion behind Zachary Bernard’s transactions practice runs as deep as the oil in Texas. From childhood memories made in courthouses investigating leases alongside his father, a third-generation member of an oil-and-gas family, to his pre-law school years spent in Texas fields scrutinizing instruments as a petroleum landman for exploration and production companies, Zachary has strong ties to the energy industry. Today, his background merges with proven legal insight to facilitate a range of representation, including counseling E&P companies on resale securities, participating in leasehold acquisitions in the Permian basin, and providing support on commercial and upstream transactions.

Select Experience

  • Represented private company buyer in the acquisition of various oil and gas assets, primarily comprised of leases and wells, for $16.5 million in the Eagle Ford Shale.
  • Represented sellers in sale of equity held in local company focused on energy efficient solutions for $15 million and other valuable consideration.
  • Represented private equity backed company in its approximately $300 million sale of various royalty interests in the Permian Basin.
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Experience

  • Represented private company buyer in the acquisition of various oil and gas assets, primarily comprised of leases and wells, for $16.5 million in the Eagle Ford Shale.
  • Represented sellers in sale of equity held in local company focused on energy efficient solutions for $15 million and other valuable consideration.
  • Represented private equity backed company in its approximately $300 million sale of various royalty interests in the Permian Basin.
  • Represented major oilfield service company in exit of joint venture and sale of membership interest in IP software technology company.
  • Represented major utilities company in due diligence assessment of utility assets.
  • Member of legal team for major oilfield service provider that was involved in acquisition of offshore equipment provider for $20 million cash deal.
  • Member of legal team for major oilfield service provider that was involved in acquisition of U.S.-based onshore oil field service provider with $142 million purchase price.
  • Represented midstream company in extensive pipeline right-of-way acquisition program.
  • Represented energy based clients in drafting and negotiating a variety of real property instruments, including but not limited to, surface use and right-of-way agreements (pipeline, roadway, access, pad site, waterline, and more), leases (oil and gas, commercial, grazing, farming, lumber, to name a few), assignments of leases and easements, deeds, boundary line agreements, pipeline crossing agreements, farmout agreements, joint operating agreements, and more.
  • Represented numerous upstream, midstream and oilfield service companies in the drafting and negotiation of their commercial agreements including but not limited to: master service/professional service/independent contractor agreements, global enterprise contracts, confidentiality agreements, supply agreements, rental agreements, terms and conditions of use/service, indemnity agreements, distribution agreements, sales representative agreements, transportation and waste removal agreements, and more.
  • Assisted clients with corporate formation and governance matters including preparation of organizational documents, company policies, consents and minutes.
  • Represented public NYSE listing companies in the review and preparation of Form 8-Ks, 10-Qs, 10-Ks, Proxy Statements, Form S-3s, Form 4s, Interim and Annual Written Affirmations.
  • Member of legal team that maintained anti-corruption/compliance program for publicly traded global oilfield service provider.

Recognitions and Memberships

Recognitions

  • The Best Lawyers in America© (2021)
    • “Ones to Watch” Texas: Corporate Governance and Compliance Law
  • Houstonia Magazine "Top Lawyer" (2018)

Memberships

  • Association of Corporate Counsel

Community

  • Christ Church Cathedral
    • Cathedral House Episcopal School Board (2018 to Present)
      • President (2020)
    • Community Life Council (2015 to Jan. 2018)
  • Headstrong Brain Injury Foundation: Board of Directors (2018 to Present)
  • St. Francis Episcopal School: Dad’s Club (2017 to Present)
  • Houston Zoo: Flock Member (2017 to Present)

Industries

Prior Positions

  • Counsel for publicly traded global oil service provider (2015 to 2018)
  • Secondee for major exploration and production company (2014 to 2015)
  • Clerk for U.S. Rep. Michael McCaul, 10th District of Texas (2006 to 2007)

Admissions

  • Texas

Education

  • J.D., South Texas College of Law, 2010; Oil and Gas Law Society, Member
  • B.A., The University of Texas at Austin, 2007