Don also is experienced in NYSE, SEC and FERC rules, equity transactions and credit facilities.

Before joining Calfee, Don spent 10 years as General Counsel and Secretary for an independent oil and natural gas exploration and production company, where he led or participated in legal projects that included the initial public offering of an NYSE company, negotiating credit facilities, bond transactions, asset purchase and sales agreements, and complex litigation. He is experienced in environmental and regulatory compliance matters, including self-audit and reporting processes, as well as marketing and transportation agreements for crude oil and natural gas. Don has also worked as an inter-corporate landman responsible for acquiring oil and gas leasehold and exploration rights.

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Don is a member of the American Bar Association, the Ohio and Oklahoma Bar Associations, the Rocky Mountain Mineral Lawyers Association, the Institute for Energy Law, Oklahoma Independent Petroleum Association, the National Association of Corporate Directors, the Society of Corporate Secretaries and Governance Professionals and the Ohio Oil and Gas Association.  In 2014, Don was recognized as a member of “Who’s Who in Energy” by business journal publications in Columbus, Denver, Dallas, Houston and San Antonio.

Don joined Calfee in 2012.

PUBLICATIONS
(The following is a partial list of publications Don has either authored or was quoted in for his expertise:)

  • “Ohio gas and oil production soaring, fewer drilling rigs at work,” The Plain Dealer, March 10, 2016.
  • “A Comprehensive Look at the Opportunities for Shale Development in Ohio,” Calfee First Alert, November 18, 2015.
  • “High Court Solves One Piece in Mineral Rights Debate,” Calfee First Alert, June 23, 2015.
    Natural Gas Intelligence, “Zoning Hurdles For E&Ps Seen Likely After Divided Ohio Supreme Court Opinion,” March 9, 2015.
  • “Ohio Supreme Court Favors ODNR Rules, So Far . . .,” Calfee First Alert, February 18, 2015.
  • Natural Gas Intelligence, “Gas Stimulation Is Industry's Latest Bet to Unlock Utica Oil Window,” December 11, 2014.
  • Columbus Business First, “Can regulators ensure drillers aren’t squeezed out by a monopoly after Halliburton, Baker Hughes merger?,” November 17, 2014.
  • Crain’s Cleveland Business Fall Issue of Shale Magazine in an article entitled “No Rest for the Riches: Under Ohio’s Dormant Mineral Act, If You Don’t Use ‘Em, You Lose ‘Em,” August 28, 2014.
  • Natural Gas Intelligence, “Northern Utica Not Yet A Bust; Oil Windows Seen as Key to Revival,” June 27, 2014.
  • Columbus Business First, “Fracking-earthquake link may impact insurance policies,” April 18, 2014.
  • Columbus Business First, “Driller tapping both Utica and Marcellus shale from same well pad,” March 5, 2014.
  • Crain’s Cleveland Business, quoted in article titled “Mineral rights leases ‘held by production’ will be a bone of contention, February 21, 2014.
  • Columbus Business First regarding the progression of Ohio’s Utica Shale rush, February 7, 2014.
  • Youngstown Vindicator regarding the current state of activity in Ohio’s Utica Shale, January 1, 2014.
  • Columbus Business First, “Pennsylvania’s the Babe Ruth of natural gas, and Ohio’s still a rookie,” December 18, 2013.
  • Natural Gas Intelligence, “Ohio Utica Operations Expand to the South,” November 19, 2013.
  • Houston Business Journal regarding Ohio’s wait for the boom as the oil production numbers go up in 2014, November 15, 2013. This story was also picked up by business journals in several states including Missouri, Texas, Pennsylvania, Colorado and Ohio.
  • National Journal regarding the energy boom’s infrastructure challenges, October 5, 2013.
  • Youngstown Vindicator regarding the current state of activity in Ohio’s Utica Shale, October 4, 2013.
  • Columbus Business First, “Utica shale exploration group to focus on keeping economic benefits in Ohio,” October 1, 2013.
  • Youngstown Vindicator regarding “take or leave” offers made to landowners for right-of-way access for pipelines, August 3, 2013.
  • Crain’s Cleveland Business “Who to Watch in Law” Section regarding the future of the legal profession, July 15, 2013.
  • Youngstown Vindicator regarding class action suit over long-term oil and gas leases, July 11, 2013.
  • Columbus Business First regarding Utica oil and gas production numbers, June 14, 2013.
  • Co-author, “Midstream Infrastructure Ramps Up in Ohio,” Calfee First Alert, May 24, 2013.
  • Youngstown Vindicator regarding production reports from Utica Shale, May 21, 2013.
  • Co-author, “Ohio...Once Again ‘The Heart of it All’,” Calfee First Alert, May 17, 2013.
  • Columbus Business First, “Lack of infrastructure limiting Utica shale drillers, energy expert says,” May 17, 2013.
  • Cleveland Plain Dealer regarding recent Ohio Utica Shale production numbers, May 17, 2013.
  • Publications across the country ran versions of this story including: Columbus Business First, Houston Chronicle, Bellefontaine (OH) Examiner, Intelligencer/Wheeling News-Register, San Francisco Chronicle and the Associated Press.
  • Youngstown Vindicator regarding Ohio’s place in the U.S. oil boom, April 1, 2013.
  • “Expect Litigation Concerning ‘HBP’ Status of Leases,” Crain’s Shale Magazine, March 2013.
  • WCPN-FM regarding Ohio landowners and oil and gas leases, January 10, 2013.
  • “Sixth Circuit Says EPA Definition of “Adjacent” Under Title V of The Clean Air Act is Contrary to Plain Meaning of the Word,” Calfee First Alert, August 23, 2012.


PRESENTATIONS

  • “Mineral Rights and the Restructuring/Insolvency Practice,” 2015 William J. O’Neill Great Lakes Regional Bankruptcy Institute, May 21, 2015.
  • “The Impact of Oil and Gas Leasing,” The Ohio Association of Realtors Spring Conference, April 24, 2015.
  • “New Opportunities in the Oil & Gas Industry,” Turnaround Management Association, October 23, 2014.
  • Panelist, “Understanding HBP”, Crain’s Shale Summit 2014, February 20, 2014.
  • “Is the Oil & Gas Industry Your New Market?,” Manufacturing Mart 2013, May 14, 2013.
  • “Business Funding in the Shale Play,” Crain’s Shale Summit, February 5, 2013.
  • Panelist, “Key Tax and Business Considerations of Flow-throughs and Their Role in the Oil & Gas Industry,” 55th Annual Cleveland Tax Institute, November 28-29, 2012.
  • Panelist, “Oil & Gas Contracts,” Cleveland Metropolitan Bar Association “Utica Shale Conference: Issues in Law, Practice and Policy,” September 13-14, 2012.

Contact Don

Practice Areas

Education

  • Oklahoma City University School of Law, J.D., 1987
  • Miami University, B.A., 1980

Admissions

  • State of Ohio
  • State of Oklahoma
  • U.S. Court of Appeals for the Tenth Circuit
  • U.S. Supreme Court

Contact Don

  • dfischbach@calfee.com
  • 216.622.8336
  • vCard

Practice Areas

  • Energy and Natural Resources, Oil, Gas & Shale
  • Energy Industry Team
  • Real Estate
  • Commercial Business and Finance

Education

  • Oklahoma City University School of Law, J.D., 1987
  • Miami University, B.A., 1980

Admissions

  • State of Ohio
  • State of Oklahoma
  • U.S. Court of Appeals for the Tenth Circuit
  • U.S. Supreme Court