Todd W. Spake

Biography

Todd W. Spake graduated summa cum laude in 1996 from Texas Tech University School of Law, where he was Associate Editor of the Texas Tech Law Review.  He received his bachelor of science degree from Texas Christian University in 1992. Mr. Spake joined Kelly Hart & Hallman LLP out of law school in 1996, and is a partner in the firm’s Energy practice group.

Mr. Spake has handled both transactional and litigation matters as part of his broad-based energy practice. On the transactional side, he has negotiated large purchase and sale agreements, seismic agreements, gas processing and treating agreements, pipeline easements, natural gas sales agreements, master work service agreements, operating agreements, farm-outs, and major joint development agreements. In addition, Mr. Spake has negotiated numerous oil and gas leases and complex surface use agreements across the Barnett Shale drilling area and the state. Mr. Spake also has experience in both state and federal courts representing clients primarily in energy-related litigation matters, including oil and gas royalty issues, oil and gas lease termination, seismic trespass, inverse condemnation of mineral rights, as well as general energy-related contract disputes. He also has represented clients in successful appeals before the 2nd, 6th, 8th and 14th Courts of Appeals, as well as the Texas Supreme Court.

Outside his professional practice, Mr. Spake is on the Board of Directors and a member of the Executive Committee of the Fort Worth Public Library Foundation. He also served as Chairman of the Foundation's 10th Annual Cigar Smoker fundraising event. The Fort Worth Business Press honored  Mr. Spake for a "40 Under 40" Award, which recognizes outstanding individuals for their dedication to work, family and the community. He has also been named as a "Top Attorney" by Fort Worth, Texas Magazine in the areas of land use and oil and gas law, a "Rising Star" in Texas Super Lawyers and is listed in The Best Lawyers in America in the area of oil and gas law. Outside of the office, Mr. Spake enjoys spending time with his wife Jodi, and their three children.

Education & Honors

• Texas Christian University, B.S., 1992
• Texas Tech University School of Law, J.D., summa cum laude, 1996
  • Associate Editor, Texas Tech Law Review, 1995-1996
  • Order of the Coif
• Winner of 40 Under 40 Award from the Fort Worth Business Press, 2006
• Recognized as a "Rising Star" by Texas Super Lawyers 2007-2010 
• Listed in The Best Lawyers in America, 2008, 2009, 2010 and 2011 editions
• Listed as a Top Attorney in Fort Worth, Texas Magazine, 2005 - 2009

Admission & Affiliations

• Texas, 1996
• U.S. District Court, Northern District of Texas, 1997
• U.S. Court of Appeals, 5th Circuit, 1997
• Member, Harris Methodist Health Exchange, 2007-2008
• Board of Directors, Fort Worth Public Library Foundation 

Significant Matters

• Represented client before the Texas Supreme Court in obtaining mandamus relief in the first published opinion holding that seismic data is a trade secret under Texas law
• Represented a large energy company in obtaining a summary judgment, and upholding the ruling on appeal, in defense of an alleged $30 million dollar breach of a natural gas sales contract
• Represented a local energy company in the trial court and on appeal to the El Paso Court of Appeals and Texas Supreme Court, obtaining and upholding a $12 million dollar judgment for the breach of a covenant not to compete in the sale of a large natural gas processing and gathering system
• Represented oil and gas exploration companies in the negotiation of large-scale oil and gas development agreements
• Represented numerous landowners and exploration companies in the negotiation of complex oil and gas leases on large ranches and urban drill sites
• Represented several real estate developers and exploration companies in the negotiation of oil and gas surface use agreements – attempting to allow development of gas reserves in the Barnett Shale while at the same time accommodating valuable surface development
• Represented landowners in the negotiation of wind energy leases for large-scale wind energy projects in West Texas

Publications & Speeches

• "Regulation of Urban Oil and Gas Drilling and Inverse Condemnation", Tarrant County Bar Association, May 2009.
• Co-Author, “3-D Technology Opens Legal Issues in Oil and Gas Exploration,” Texas Lawyer, 2002