Kearney, McWilliams & Davis, PLLC

08/27/2026

A recent North Dakota Supreme Court decision has provided further clarification to an issue with implications for landowners, oil and gas operators, and the state itself: who owns the minerals beneath North Dakota’s lakes, rivers and streams? In State ex rel. State Eng’r v. Leland, 2026 ND 99, 36 N.W.3d 522, decided in May 2026, the Court addressed competing ownership claims to lands along the Yellowstone River near North Dakota’s border with Montana. The dispute was ultimately decided by the determination of whether certain parcels were deemed to be a navigable waterway, a state-owned island, or private property formed through natural processes...

https://kmd.law/by-kyle-williams-who-owns-the-minerals-beneath-north-dakotas-rivers-state-v-leland-and-the-law-of-navigable-waterways/

08/24/2026

Kearney, McWilliams & Davis, PLLC welcomes Amy Raams as an Associate Attorney in the Houston, Texas office! 🎉

With more than 10 years experience in oil and gas title work, Amy brings extensive knowledge and practical experience to the firm. Her practice focuses on oil and gas title examination as well as the preparation of drilling, supplemental and division order title opinions.

She has worked on a wide range of title matters and is committed to providing thorough, accurate and practical guidance to clients navigating complex oil and gas title transactions....

https://kmd.law/legal-team/amy-raams/

08/18/2026

📢 Proud to partner with the American Arbitration Association for the Energy ADR Conference this year!

08/11/2026

You open TikTok and see a video built around a catchy phrase. By the next day, the phrase is everywhere. Thousands of users have incorporated it into their videos, businesses have printed it on merchandise, and creators are using AI to generate new content inspired by the original post. As this becomes more prevalent in our society, an important question arises: When online content is created, copied, remixed, or generated by AI, who owns it?

AI and social media have completely changed the way people create and share content. It has become increasingly common to have users participate in certain trends and build upon the ideas of others. A user can enter a short prompt and generate an image, song, video, or written work within seconds. Then, that content can be posted online, edited by another user, incorporated into a trend, or used to promote a business. With intellectual property law in mind, this culture is not as simple as reposting someone else’s content...

https://kmd.law/by-kaylee-garcia-tran-how-ai-generated-content-is-changing-the-way-future-attorneys-deal-with-intellectual-property/

08/05/2026

Texas’s presumed-grant doctrine allows a party with long, open, and unchallenged possession of land or minerals to establish ownership without a complete paper trail. Although the doctrine may appear straightforward, courts have spent over a century litigating its application. There is currently disagreement over when the doctrine applies and whether a gap in the chain of title is required to invoke it.

The presumed-grant doctrine, also known as title by circumstantial evidence, has three required elements: 1) a long-asserted and open claim adverse to that of the apparent owner; 2) nonclaim by the apparent owner; and 3) acquiescence by the apparent owner in the adverse claim. Magee v. Paul, 221 S.W. at 257...

KMD explores the Presumed-Grant Doctrine and whether it requires a gap in the chain of title in Texas courts

08/04/2026

Kearney, McWilliams & Davis, PLLC welcomes David J. Hargis as a Senior Attorney in the Houston, Texas office! 🎉

David practices with the firm's commercial litigation, real estate, corporate transactional, and labor and employment groups. He represents commercial real estate ventures, private investors, entrepreneurs, and growing businesses across Texas. Having worked as both a corporate executive and a private practice litigator, he builds legal strategies around how a business actually runs, with an eye toward growth, asset protection, and operational efficiency.

Before joining KMD, David served as Vice President, Counsel and Risk Management for a vertically integrated commercial real estate holding company. He directed legal operations across commercial brokerage, real estate development, capital markets, valuation, and property management, and supported the company's expansion into Houston, Dallas, Atlanta, and Austin. That experience shapes how he works as outside counsel: he moves quickly, gives clients practical options, and ties his recommendations to the balance sheet and the business objective behind the deal...

https://kmd.law/legal-team/david-j-hargis/

07/28/2026

It was another great day on the green! ⛳

We had a great time sponsoring this year's DAPL Golf Tournament, and we're already looking forward to the next!

07/23/2026

With increased attention to critical minerals and the potential recovery of lithium from produced brines, stakeholders are reviewing the legal, financial, and regulatory frameworks necessary to position Mississippi as a player in an emerging industry. Notably, the Mississippi Development Authority (“MDA”) recently issued a report (2026 Mississippi Natural Resources Summit: Critical Minerals in the State) detailing the findings and recommendations of several industry experts and policy makers in an attempt to bring Mississippi up to speed in the critical minerals space. Much of this interest centers on the Smackover Formation, a prolific geologic interval extending from Texas, Louisiana, and Arkansas, and through central and southern Mississippi, demonstrating significant lithium-bearing brine potential. However, before capitalizing on this resource, regulators and policy makers must address several unresolved issues, especially those involving existing property rights and ownership interests...

https://kmd.law/mississippis-critical-minerals-the-smackover-formation-and-lithium-by-garrett-wilkerson/

With increased attention to critical minerals and the potential recovery of lithium from produced brines, stakeholders are reviewing the legal, financial, and regulatory frameworks necessary to position Mississippi as a...

07/10/2026

Having a real estate attorney review your residential closing documents is one of the simplest, highest‑value steps you can take to avoid title defects, costly rework, and post‑closing disputes. Real estate closings create and transfer legal rights in land – including ownership interest, liens, easements, and mortgage security – and even minor drafting or recording errors can cloud title or trigger litigation long after the keys change hands.

In many jurisdictions, including Texas, documents that affect title or create security interests are subject to attorney preparation or review requirements because closing packages are legally complex and mistakes are common. An attorney’s review turns a stack of closing papers into a legal safety net: the attorney reads the title commitment and policy, compares the deed against the survey and contract, and confirms the accuracy of the loan and payoff figures so that you do not inherit someone else’s problem...

Having a real estate attorney review your residential closing documents is one of the simplest, highest‑value steps you can take to avoid title defects, costly rework, and post‑closing disputes. Real...

06/25/2026

For a foreign national to lawfully enter the United States they require a visa. This is not a surprise or breaking news. However, what many people do not know is that there are two categories of visas, immigrant and non-immigrant. The difference between them is simple: a non-immigrant visa is used for those who wish to visit the United States temporarily and have an intent to return to their home country. The most common examples of this category of visa are a student (F-1) and tourist (B-2). On the other side, immigrant visas are more commonly known as green cards...

https://kmd.law/the-united-states-citizenship-and-immigration-services-new-adjustment-of-status-policy-and-what-it-means-for-those-seeking-permanent-residency/

KMD explores the USCIS new adjustment of status policy and what it means for those seeking permanent residency