Derek J. Anchondo advises all types of businesses regarding complex commercial transactions, including corporate and commercial matters, mergers, acquisitions, divestitures, joint ventures, corporate governance, real estate, and U.S. regulatory, SEC, and public filings. He also guides clients of all sizes through banking and finance, secured credit transactions, best practices, anti-bribery compliance and corruption legislation, and international trade compliance. Derek focuses on advising executive teams and boards of directors in SEC, shareholder, and investor relations matters.
Derek has extensive oil and gas and energy industry experience, routinely advising on upstream exploration and production activities, the procurement and contracting of drilling and oilfield services, drafting, reviewing, and negotiating joint operating agreements, production sharing agreements, and concession agreements, master service agreements, natural gas compression agreements, EPC and BOO agreements, shipbuilding contracts, vessel repair and modification agreements, and drafting, reviewing, and negotiating acquisitions and divestitures of onshore and offshore properties and interests. He handles matters related to midstream activities including, but not limited to, hydrocarbon export agreements, marketing agreements, joint ventures, financings, and natural gas compression. Derek also advises on supply and towing contracts for maritime vessels and on maritime issues related to the Jones Act, the Longshore and Harbor Workers’ Compensation Act, Certificate of Financial Responsibility program, Bunker Convention, and maritime flagging requirements.
Derek is a seasoned counselor and advisor, always maintaining the highest ethical standards for himself and his clients. His insight, thoroughness, and interpersonal skills enable him to recognize his client’s objectives and business needs. Derek works effectively to find creative solutions for his clients.
Representative Experience Energy and Oil & Gas Transactions
Corporate and M&A Transactions
Engineering and Construction Transactions
General Counsel and S.E.C. Experience
- Served as counsel to exploration and production company in the drafting, preparation, and negotiation of joint operating agreements, oil export agreements, and natural gas export agreements between joint operators and pipeline companies to move production from offshore U.S. Gulf of Mexico to onshore refineries, including the drafting, preparation, and negotiation of a pipeline construction contract and hydrocarbon marketing agreements.
- Served as lead transactions counsel for the acquisition and construction of a “pipe within a pipe” to move NGLs from the Permian Basin (Texas/New Mexico) to the Gulf Coast of Texas; involving the acquisition of a partial ownership interest in a portion of an existing pipeline; and involving the construction of new pipeline infrastructure to connect the client's gathering facility to the pipeline owner's pipeline and gathering facilities and the construction of tie-in facilities.
- Served as counsel to a foreign government entity in the preparation and administration of international oil tender, including the preparation and drafting of tender documents, drafting, and negotiating of exploration and production sharing contract, licenses, operating agreements, and all related documents for international oil tender, including providing guidance on evaluation of tenders and contract negotiations.
- Served as counsel to international exploration and production company in the development and lifting of hydrocarbons, the marketing and transportation of hydrocarbons, and the construction of midstream infrastructure, the acquisitions and divestitures of non-operator ownership interests and properties, the acquisition and merger of a U.S. independent exploration and production company, including due diligence, preparation, and negotiation of the merger documents, labor and employment issues, and post-closing restructuring of affiliates and subsidiaries.
Corporate and M&A Transactions
- Served as U.S. M&A counsel to French technology company in its acquisition of a U.S. target, including the drafting and negotiation of the purchase and sale agreement; also advised on joint voluntary notice filing to the Committee on Foreign Investment in the U.S.
- Served as U.S. M&A counsel to international helicopter leasing company in the acquisition of a target company, valued at US$1 billion, including the drafting and negotiation of the purchase and sale agreement, credit facility, and U.S. and FAA regulatory matters.
- Served as U.S. M&A counsel to international aviation leasing company in the acquisition of a U.S. target company, valued at US$1 billion, including the drafting and negotiation of the purchase and sale agreement, management agreements, and U.S. and FAA regulatory matters; also advised on joint voluntary notice filing to the Committee on Foreign Investment in the U.S.
- Served as counsel to Mexican telecom and technology company in the formation of a joint venture entity, and in the preparation, drafting, and negotiation of the joint venture agreement.
- Closing of $725 million acquisition and transfer of limited liability company interests of timber company REIT as Purchaser’s/Borrower’s Counsel regarding spin-off/split-off of subsidiary entity and equity offering.
Engineering and Construction Transactions
- Served as counsel to Singapore-based shipbuilder in the preparation, drafting, and negotiation of an engineering, procurement, and construction contract for three semisubmersible mobile offshore drilling units.
- Served as counsel to offshore drilling contractor in the negotiation and drafting of newbuild construction and commissioning contracts for new deepwater drill ships valued at over $3 billion.
- Served as counsel to engineering subcontractor in the negotiation, drafting, and preparation of $22 million sale of gas treating plant.
- Served as counsel to international exploration and production company in the preparation, negotiation, and drafting of (i) newbuild construction and commissioning contract for a floating, production, storage and offloading vessel, and (ii) agreement to convert a tanker into a floating, production, storage and offloading vessel.
General Counsel and S.E.C. Experience
- Provided legal guidance to the Executive Team and the Board of Directors and negotiated company’s merger with a national contract compression company, including all due diligence, merger agreement, HSR filing, and S-4 Registration Statement.
- Provided legal guidance and support to the Executive Team, contributing to the successful completion of a drop-down merger transaction.
- Provided legal guidance and support to the Executive Team, contributing to the successful completion of a private placement of additional equity.
- Updated the company’s 10-K to comply with new SEC requirements on pay versus performance, leading to a “first of its kind” guidance for all public companies.
- Provided legal guidance and support to the Executive Team, contributing to the successful implementation of cybersecurity policy and cybersecurity response plan.
- Provided on-going legal counsel on matters related to all SEC filings, NASDAQ filings, and public disclosures, Section 16 and Rule 144 matters, Master Limited Partnership compliance, U.S. and international regulatory compliance, corporate governance, best practices, and anti-bribery compliance and corruption legislation, including presenting and participating in Code of Conduct training, Ethics training, Business Best Practices training, Sarbanes-Oxley compliance, Anti-Bribery training, and International Trade Compliance training on a global basis.
EDUCATION
Derek earned his J.D. from the University of Houston Law Center in 1999. He earned his B.A. in History and Political Science from Trinity University in 1996.
ADMISSIONS
- Admitted, Texas, 2001
- Admitted, New York, 2005
MEMBERSHIPS
- State Bar of Texas
- New York State Bar Association
- American Bar Association
- Texas Bar Foundation
- Hispanic National Bar Association
- Former Board of Directors Member, Houston, Association of Corporate Counsel
- Former Advisory Board Member, Institute for Energy Law
RECOGNITION
- 2017 ENERGY Expert Guide to the World’s Leading Experts in Energy Law, Euromoney, June 2017
- 2016 ENERGY Expert Guide to the World’s Leading Experts in Energy Law, Euromoney, November 2016
- United States 2016 Guide to Outstanding Lawyers, The Legal 500, June 2016
- Who’s Who in Energy, Houston Business Journal, 2012
- Real Time Law, Hispanic Executive Magazine, March/April 2011
ARTICLES, PUBLICATIONS AND PRESENTATIONS
- Strategic Exits and Distressed Acquisitions Are in the Cards for Texas M&As in Oil and Gas, Texas Lawyer, May 21, 2020
- Oilfield Services – A Market Update, Institute for Energy Law, Oilfield Services Law Conference, October 12, 2017
- Doing Business in Emerging Countries and Countries in Crisis, State Bar of Texas: International Law Section, 29th Annual International Law Institute, February 23-24, 2017
- Transaction Services Roundtable, International Institute for Business Information & Growth, 2016 Distressed Energy Summit, October 20, 2016
- Key Environmental and Maritime Issues in Offshore Oil & Gas Projects, Institute for Energy Law and ANADE, The New Energy Legal Framework in Mexico: Lessons Learned and the Way Forward, August 15-16, 2016
- Doing Business in Mexico, Midstream Business Magazine, August 1, 2016
- International Oil & Gas Contracting Standards, Practices, and Risk Allocation, State Bar of Texas: International Law Section, 28th Annual International Law Institute, March 2, 2016
- Turbulent Time in the Oil Patch – What to Know When Facing RIFs, Texas Lawyer, September 30, 2015
- Contract Review Procedures: Bridging the Past to the Future, Upstream Oil & Gas Contract Management, February 24, 2011
- Local Content Requirements in the Oil and Gas Sector: A Way of Life or an Emerging Trend? International Bar Association, Oil and Gas Law Newsletter, Vol. 1, No. 1, October 2010
- Conference Chairman, Moderator for Operator/Contractor Break-Out Session, Moderator for Federal Trade Commission and Anti-Trust Presentation, Oil & Gas IQ, a division of IQPC, 7th Annual Advanced Contract Risk Management Conference for Oil and Gas, May 25-28, 2010
- Panel Member for Operator/Contractor Break-Out Session and Focus Day Class: Assess Your International Contracting in a Changing Market, Oil & Gas IQ, a division of IQPC, Europe’s 7th Annual Advanced Contract Risk Management Conference for Oil and Gas, November 30-December 3, 2009
- Assess Your International Contracting in a Changing Market and Panel Member for Pros and Cons of Renegotiating Contracts, Oil & Gas IQ, a division of IQPC, 6th Annual Advanced Contract Risk Management Conference for Oil and Gas, June 15-18, 2009
- The Advent of National Oil Companies, International Association of Drilling Contractors, Contracts and Risk Management Conference, October 29, 2008
COMMUNITY SERVICE
- Board Member, Community Works CDC