brobertson@smwenergylaw.com
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Phone: 210-998-4184
Fax: 210-998-4201

Education

  • Texas Tech University School of Law, J.D., summa cum laude, 2012
  • Sam Houston State University, M.A., Sociology, 2008
  • Sam Houston State University, B.S., Sociology, 2006

Admissions

  • Texas, 2012
  • United States District Court Western District of Texas

Board Certified

Top Jury Verdicts

Top Verdicts 2016

Top Verdicts 2015

Benjamin Robertson

Ben Robertson represents energy clients in litigation matters in state and federal courts and in arbitration proceedings throughout Texas. His clients include upstream and downstream energy companies, as well as mineral, royalty and surface interest owners. He was appointed by President of the State Bar of Texas G. Thomas Vick, Jr. as a member of the State Bar of Texas Standing Committee on Pattern Jury Charges – Oil, Gas and Minerals for the 2017-2020 term. Ben is Board Certified in Oil, Gas and Mineral Law by the Texas Board of Legal Specialization.

PROFESSIONAL AND COMMUNITY ACTIVITIES

  • State Bar of Texas Standing Committee on Pattern Jury Charges – Oil, Gas and Minerals, Member
  • ABA Energy Litigation Committee, Member
  • State Bar of Texas Oil, Gas & Energy Resources Law, Member
  • American Association of Professional Landmen, Associate Member
  • San Antonio Bar Association, Member
  • Texas Gulf Coast Boston Terrier Rescue, Inc., a 501(c)(3) nonprofit, General Counsel
  • Texas Tech Law Review, Online Edition Editor, 2011-2012

PROFESSIONAL RECOGNITION

  • Selected for inclusion as a “Texas Rising Star,” Super Lawyers, 2019
  • Order of the Coif
  • Phi Delta Phi
  • Phi Kappa Phi
  • Selected as the 2017 Recipient of the G.O.L.D. (Graduates of the Last Decade) Award, Texas Tech Alumni Association

NEWS/PUBLICATIONS

  • 01.25.18: Non-Participating Royalty Interest Litigation – Current Issues, State Bar of Texas, Oil and Gas Disputes Course, Benjamin Robertson, author
  • 01.20.18: Division Orders and Payment Obligations, San Antonio Association of Professional Landmen (SAAPL), 29th Annual Mid-Winter Seminar, Benjamin G. Robertson, author
  • 12.01.17: Payor Rights and Obligations, Part II, Texas Oil and Gas Law Journal 01 (2017) Issue 31-6, Benjamin Robertson, Katy Pier Moore & Corey F. Wehmeyer, authors
  • 09.29.17: Payor Rights and Obligations, State Bar of Texas, 35th Annual Advanced Oil, Gas & Energy Resources Law Course, Benjamin Robertson, author
  • 09.01.17: Payor Rights and Obligations, Part I, Texas Oil and Gas Law Journal 01 (2017) Issue 31-5, Benjamin Robertson, Katy Pier Moore & Corey F. Wehmeyer, authors
  • Fifth Circuit Update, Oil and Gas Law, 48 Tex. Tech. L. Rev. 695 (2016)
  • Consent to Assignment Provisions in Texas Oil and Gas Leases: Drafting Solutions to Negotiation Impasse, 48 Tex. Tech. L. Rev. 335 (2016)
  • 04.01.14: James M. “Marty” Truss & Benjamin Robertson, Texas Oil and Gas Case Law Update, 1 Tex. A&M L. Rev. 347 (2014)
  • 06.01.13: Benjamin Robertson, Attributing and Averting Agricultural Attacks: Why Federal Food Regulations Fail to Foster Food Security. 4 J. of Biosecurity, Biosafety, and Biodefense L. 63 (2013)
  • 04.01.13: James M. “Marty” Truss & Benjamin Robertson, Texas Oil and Gas Case Law Update, 19 Tex. Wesleyan L. Rev. 575 (2013)
  • 10.18.12: Benjamin Robertson, Dengue Mosquitoes: Could NEPA and its Malaysian Counterpart Take a Bite out of Genetically Modified Insect Releases?, 31 Biotechnology L. Rep. 442 (2012)
  • 10.01.12: Benjamin Robertson, Comment, Top Lease Vultures: Title Failure, Bad Faith Pooling, and the Validity of Top Leases in the Texas Shale Plays, 44 Tex. Tech L. Rev. 463 (2012)

REPRESENTATIVE ENGAGEMENTS

  • $9.3 Million Federal Jury Verdict and Final Judgment for Client; Take-Nothing Judgment on $6.7 Million Counter-Claim.
    Second chair to exploration & production company on behalf of Santoyo Moore Wehmeyer P.C. in securing $9,300,000.00 unanimous federal jury verdict and final judgment on claims for tortious interference with existing contract and breach of contract. Verdict and final judgment included $3,030,000.00 in punitive damages. In same trial, secured jury verdict for client on defenses of excuse and estoppel, resulting in take-nothing judgment that disposed of adversary’s $6,700,000.00 counter-claim for breach of contract. The Fifth Circuit dismissed the appeal, and collections were not undertaken by the Firm.
  • $7.5 Million Unanimous Jury Verdict on Eagle Ford Producing Properties; Verdict Included $2.5 Million in Punitive Damages.
    Trial counsel (non-lead) representing the owner of producing ranches in the Eagle Ford Shale on behalf of Santoyo Moore Wehmeyer P.C. in an Atascosa County jury trial that secured over $7,500,000.00 in damages for client. The jury’s unanimous verdict found liability in the defendant on all submitted causes of action, including various fraud and breach of fiduciary duty claims, and included $2,500,000.00 in punitive damages. Final, unappealable judgment vests client’s title to 268.1-acre ranch and awards monetary damages in the amount of $3,770,074.47. Recovered Eagle Ford-producing ranch in Atascosa County, Texas; monetary collection efforts are still underway.
  • $4.2 Million Final Judgment on Underpaid Royalties and $2.78 Million Jury Verdict.
    Secured $2,780,000.00 jury verdict and $4,230,000.00 final judgment for client in royalty case against publicly traded, international oil and gas operator. The Fourth Court of Appeals reversed on contract interpretation grounds.
  • Jury Defense Verdict for Oil & Gas Exploration Company Client in Suit Over Services Contract.
    Secured take-nothing defense verdict in jury trial for privately owned Texas exploration & production company. Client was being sued by plaintiff for over $2,500,000.00 in contract damages, punitive damages, and attorneys’ fees. Final judgment entered on jury’s verdict and no settlement money paid.
  • International Exploration & Production Company – Royalty Dispute.
    Obtained favorable result in time-sensitive AAA arbitration proceeding for operator client in claim to $300,000,000 in overriding royalties covering two out-of-state counties that were allegedly due pursuant to purchase and sale agreement.
  • Oil & Gas Exploration Company – Summary Judgment Secured.
    Secured summary judgment for exploration & production company client disposing of plaintiff’s claims as a matter of law for fraud, fraudulent conveyances, quantum meruit/unjust enrichment, breaches of fiduciary duty, conspiracy, conversion, declaratory judgment, specific performance of contract, and punitive damages. Also secured judgment dismissing plaintiff’s claims to overriding royalty interests on 80,000 Bakken Shale acres. Secured final take-nothing judgment with no appeal and no settlement money paid.
  • International Exploration & Production Company – Dismissal of Eagle Ford Trespass Lawsuit.
    Represented defendant international exploration & production company in Eagle Ford lawsuit and secured dismissal with prejudice of entirety of plaintiff-surface owner’s lawsuit, including plaintiff’s claims for declaratory judgment, trespass, negligence and punitive damages. Paid no settlement money.
  • International Exploration & Production Company – Trespass, Fraud, and Negligence Claims.
    Obtained summary judgment for a publicly-traded exploration and production company on all claims asserted by a surface owner in Edwards County, Texas, including claims for trespass, fraud, gross negligence, negligence, and alleged violations of the Texas Business and Commerce Code.
  • International Exploration & Production Company – Trespass, Reasonable Use, and Surface Damage Claims.
    Obtained summary judgment for a publicly-traded exploration and production company on five different causes of action asserted by a local landowner in Edwards County, Texas. Obtained directed verdict at close of plaintiff’s case-in-chief on plaintiff’s remaining reasonable use claim.
  • Mineral Interest Owner – Final Judgment on Adverse Royalty Interest Claims.
    Obtained multi-million dollar summary judgment for Eagle Ford royalty owner client in McMullen County, Texas. The district court issued a declaration in client’s favor and entered a “take-nothing judgment” on plaintiff’s declaratory judgment claims. Final judgment affirmed in written opinion by the San Antonio Fourth Court of Appeals.
  • Eagle Ford Properties – Take-Nothing Judgment for Client.
    Secured take-nothing judgment for client confirming client’s title in 980 Eagle Ford acres, and dismissing all of plaintiff’s claims against client for declaratory judgment, suit to quiet title, deed reformation, slander of title, fraud, statutory fraud, negligent misrepresentation, breach of contract, breach of warranty of title and tortious interference with contract. No settlement money paid.
  • Deed Interpretation – Final Declaratory Judgment and Award of Attorneys’ Fees.
    Secured summary judgment and final judgment for royalty buyer client against mineral owner interpreting subject deed as reserving to client a “floating” royalty. In client’s capacity as the prevailing party, also secured an award to client of its attorneys’ fees.