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 energy-focused companies on their participation in upstream, midstream and commercial transactions, as well as supporting real estate holding and investment companies in their acquisition and divestiture efforts through leasing, conveyancing, financing or otherwise. In addition, Zachary has a variety of experience in counseling clients in corporate formation and governance matters.

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 public company in divestiture of various properties with estimated cash value of $16 million as part of a corporate reorganization.
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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 public company in divestiture of various properties with estimated cash value of $16 million as part of a corporate reorganization.
  • Represented well-known local non-profit corporation in its ongoing construction program targeted to develop existing and new infrastructure for the public benefit.
  • 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 and real estate investment 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, farm-out 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)
  • Children’s Fund: First-Year Member (2021 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

Blog

In The Blogs

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Pillar and Post: Energy Law in the 21st Century
The Right Way to Obtain Multi-Line Rights in a Right-of-Way Transaction in Texas
By Zachary E. Bernard
October 1, 2021
There are many misconceptions about how multi-line rights are created in Texas. Contrary to popular belief, a multiple pipeline right-of-way cannot just be created by changing “pipeline” to “pipelines” in the granting provision.[1] In...
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Pillar and Post: Energy Law in the 21st Century
The Importance of Knowing The Right Way to Prepare Legal Descriptions an a Right-of-Way Transaction in Texas
By Zachary E. Bernard
May 17, 2021
Under Texas law, a blanket easement is “[a]n easement without a metes and bounds description of its location on the property.”[1] It is also considered an easement that covers the entire servient estate.[2] Although some states require...
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