McAfee & Taft

McAfee & Taft AgLINC - Fall 2013: The (stock) show must go on: Oklahoma Youth Expo secures court win

For nearly a century, Oklahoma City has hosted a junior livestock show each spring where youth from across the state display the best farm animals their generation has to offer in hopes of winning college scholarships and other…more

Department of Agriculture, State and Local Government, State Funding

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Comment period for FDA's draft nutrition, menu labeling guidance ends Nov. 2

On December 1, 2014, the Food and Drug Administration published its final rule on Nutrition Labeling of Standard Menu Items in Restaurants and Similar Retail Food Establishments, 79 FR 71156. This rule requires restaurants and…more

Draft Guidance, FDA, Final Rules, Menu-Labeling, Nutrition Facts Labels

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Demand rising for alternative fees in intellectual property matters

A recent report found that corporate clients use Alternative Fee Agreements (AFAs) more often on Intellectual Property matters than any other practice area. The report provides that clients rely on AFAs for 37 percent of their…more

Alternative Fee Arrangements, Patent Litigation, Patent Trial and Appeal Board, Patents, USPTO

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Graceful exits

No one likes layoffs. The person getting fired may be depressed and fearful about his or her job loss, and the person doing the firing usually feels rotten about being the bearer of bad news. In a layoff situation, an exit…more

Cell Phones, Confidential Information, Exit Interviews, Hiring & Firing, Layoffs

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OSHA issues new whistleblower investigations manual with aggressive new standard

Employers are familiar with the Occupational Safety and Health Administration’s (OSHA) enforcement of workplace safety standards, but OSHA also enforces the whistleblower provisions of 21 other federal laws in addition to the…more

Burden of Proof, OSHA, Protected Activity, Standard of Review, Whistleblower Protection Policies

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Protecting Your Trademarks: Conducting an annual trademark portfolio review

You already know how important it is to clear and register your trademarks. But clearing and registering your marks should be just the first step in your trademark-protection plan. To ensure that your marks continue to have…more

Popular, Trademark Registration, Trademarks, USPTO

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New SEC rules on solicitation

On July 10, the SEC adopted rules eliminating the prohibition against general solicitation in securities offerings under Rule 506 of Regulation D under the Securities Act of 1933. These rules, effective Sept. 23, permit…more

Accredited Investors, General Solicitation, Regulation D, Rule 506 Offerings, Safe Harbors

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Obama embraces ‘ban the box’ movement

In November, President Obama announced that he was directing federal agencies that they could not inquire about criminal convictions on federal job applications. According to the president, the federal government “should not use…more

Ban the Box, Barack Obama, Criminal Background Checks, Disparate Impact, EEOC

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Tenth Circuit raises the stakes in (already) costly wage and hour litigation

Wage and hour cases, particularly collective and class actions, are among the most costly employment lawsuits for employers. When an employer arguably is mistaken in how it pays employees overtime, does not pay for hours worked,…more

Back Pay, Class Action, Collective Actions, Corporate Counsel, Damages

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What Oklahoma's amended Uniform Controlled Dangerous Substances Act means for prescribing medical providers

Last Friday, Oklahoma Governor Fallin signed House Bill 1948 into law, amending the Uniform Controlled Dangerous Substances Act. The new law, which goes into effect on November 1, 2015, enhances access to Oklahoma’s prescription…more

Controlled Substances, Criminal Prosecution, Databases, Medical License, Medical Malpractice

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Farmers question legality of Farm Service Agency calculation of ARC-CO yields

Once again, a newly created program from the 2014 Farm Bill is being scrutinized by farmers who question the legality of how it is being implemented. The Farm Service Agency’s county-based Area Coverage (ARC-CO) program is…more

Commodities, Crops, Farm Bill, Farms, Underpayment

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McAfee & Taft AgLINC - Fall 2012

In This Issue: - 1 Farmers and commercial motor vehicle regulations - 4 Aflatoxin and the insured farmer - 5 Do you need a CDL for your recreational vehicle? - 6 McAfee & Taft’s Agricultural Real Estate Transactional…more

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McAfee & Taft AgLINC - May 2013: Significant changes in tax rates in store for 2013 and beyond

The American Taxpayer Relief Act of 2012 (2012 Tax Act) and the Patient Protection and Affordable Care Act (Affordable Care Act) combine to produce significant changes in tax rates for 2013 and future years. The 2012 Tax Act…more

Affordable Care Act, American Taxpayer Relief Act, Business Taxes, Generation-Skipping Transfer, Gift Tax

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Oklahoma Supreme Court strikes down tort reform legislation passed in 2009

On June 4, 2013, the Oklahoma Supreme Court struck all statutes that were passed in 2009 as the Comprehensive Lawsuit Reform Act (CLRA), finding the statutes violate the Oklahoma Constitution. The court entered two decisions…more

Judicial Review, Tort Reform

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Court sets aside portions of Oklahoma's new workers' comp law

It has been just over two years since Oklahoma’s completely overhauled workers’ compensation system went into effect. Since then, various provisions have come under attack by employees. Shortly after the effective date, the…more

Administrative Hearings, Arbitrary and Capricious, Due Process, OK Supreme Court, Permanent Disability

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Late notice by petroleum transporter results in insurance coverage denial

In the matter of Starr Indem. & Liab. Co. v. SGS Petroleum Serv. Corp., Case No. 12-20545 (5th Cir. June 18, 2013), the U.S. Court of Appeals for the Fifth Circuit recently upheld their prior decision in Matador Petroleum Corp…more

Buyback Programs, Excess Policies, Insurance Industry, Notice Requirements

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Gavel to Gavel: State tax credits needed

Drive through any downtown in Oklahoma, and you’re bound to see one. A remnant from the community’s history, now boarded up or perhaps just not being used to its full potential. The bones are still there. You can see them, and…more

Construction Project, Historic Preservation, Historical Rehabilitation, Real Estate Development, Tax Credits

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Common IP pitfalls every business can avoid

As a business owner or manager, you have probably experienced or at least heard about costly and disruptive intellectual property infringement lawsuits. You may also be very concerned about protecting your company’s customer…more

Audits, Brand, Copyright, Domain Names, Infringement

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Some pre- and post-shift activity not compensable

In recent years, a number of collective action wage and hour disputes involving the donning and doffing of protective work clothing have made their way through the courts. And in many of those cases, the employers have been on…more

Appeals, Collective Actions, Collective Bargaining, Corporate Counsel, Doffing

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Brace for Medicaid data mining and recoupment demands

The federal Health and Human Services Office of Inspector General (OIG) is escalating its war against Medicaid fraud and abuse, just as it has over the past years with Medicare. The OIG’s focus has turned to early prevention and…more

Data Mining, Fraud and Abuse, Healthcare, Healthcare Fraud, HHS

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‘More’ does not equal ‘different’ when job duties are comparable under the Equal Pay Act

It has long been thought that the Equal Pay Act (EPA) does not apply if the male and female employees being compared for purposes of establishing pay disparities spend significant amounts of time on different job duties, even…more

Equal Pay Act, Gender-Based Pay Discrimination, Reversal, Summary Judgment, Title VII

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Gene patents and the future of commercialized technology

Medicine is evolving from a global, one-size-fits-all approach to a more individualized approach that tailors treatment specifically for each patient. Originally published in The Journal Record - August 8, 2013…more

AMP v Myriad, DNA, Healthcare, Human Genes, Mayo v. Prometheus

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The Cape Town Convention: An Evolving Process (with a Side Note on Non-Citizen Trusts)

Introduction - This is the second article for the International Comparative Legal Guide series. Our first article covered the Convention on International Interests in Mobile Equipment (the “Convention”) and the Protocol…more

Aircraft, Airlines, Federal Aviation Administration (FAA), Treaties

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Gavel to Gavel: Bankruptcy— deja vu all over again?

Whenever I meet someone recently and tell them that I’m a bankruptcy lawyer, they usually say something about how great business must be. Well, the bankruptcy business is better, but it’s not a replay of the…more

Commercial Bankruptcy, Consumer Bankruptcy

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Regular audits of technology license agreements may reduce your patent royalty payments

Patent license royalty payments can be habit-forming. Some patent licenses have terms extending for potentially two decades or longer. As a result, patent licenses are frequently filed away never to be seen again. Unfortunately,…more

Audits, Brulotte, Contract Drafting, Contract Terms, IP License

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Gavel to Gavel: Looking for direction

Gov. Mary Fallin signed a bill May 8 designed to provide a comprehensive regulatory framework for Oklahoma’s ride-booking industry. The bill requires that Uber, Lyft and similar services run background checks on their drivers,…more

Auto Insurance, Criminal Background Checks, Independent Contractors, Labor Commissioners, Lyft

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Technology and the Future of Cities: Oklahoma City's Innovation District: The new knowledge hub

Civic and community leaders in Oklahoma City are developing an Innovation District. An Innovation District is a development based on the premise that economic growth, job creation, and innovation can be fostered through the…more

Infrastructure, Innovation, Special Districts, State and Local Government, Technology

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Appeals court rules no pretext found in ADEA discrimination case

The Tenth Circuit recently ruled that pretext would not be found if an employer terminated an employee based on a genuine belief that the employee had violated company policy…more

ADEA, Age Discrimination, Appeals, Hiring & Firing, Mixed Motive Cases

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EmployerLINC Employee Benefits Alert - No employer penalties for lack of exchange notice

Under the Affordable Care Act (ACA), an employer subject to the Fair Labor Standards Act must provide a written notice to current employees about the Health Insurance Marketplace (the “Exchange Notice”) by October 1, 2013, and…more

Affordable Care Act, DOL, Employee Benefits, Employer Mandates, Health Insurance Exchanges

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DOL penalized for ‘bad faith’ conduct

The Department of Labor recently agreed to pay an employer $1.5 million for costs and attorneys’ fees it had incurred in a lawsuit filed by the DOL. The 5th Circuit Court of Appeals determined that the employer was entitled to…more

Abusive Discovery Strategies, Attorney's Fees, Bad Faith, DOL, Equal Access to Justice Act

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ACA Reporting Deadline Extended — But Employers Should Stay Focused To Avoid Penalties

About a month ago, and just months before the reporting deadlines required under the Affordable Care Act (ACA) were set to go into effect, the Internal Revenue Service gave us all a late Christmas present and announced that it…more

Affordable Care Act, Employer Group Health Plans, Filing Deadlines, IRS, Minimum Essential Coverage

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Payment is due at the time services are rendered

Typically, physicians collect co-payments from patients when services are provided, submit claims for reimbursement to government and commercial payers, and then send bills to patients for the balance owing. The payment and…more

Billing, Consumer Credit Protection, ECOA, Finance Charges, Health Insurance

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McAfee & Taft AgLINC Ag & Equine Industry Newsletter - May 2013: What does your deed say?

McAfee & Taft regularly represents clients in connection with the purchase, sale and financing of agricultural real estate. Issues that arise in these transactions include all the issues that are routinely attendant to real…more

Deeds, Grantors

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McAfee & Taft AgLINC - Fall 2013: More than just a handshake - Due diligence, purchase contract required for real estate purchases

In western Oklahoma, where this author was born and raised, a handshake is often all that takes place to solidify a deal for the sale or purchase of a piece of land. The need for a purchase contract or anything other than a deed…more

Contract Formation, Due Diligence, Land Titles, Real Estate Market, Title Insurance

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Gavel to Gavel: Class-action Christmas in July

Your dentist, barber and bank send you text messages every day. Electronic communications are part of our lives and our business – but that may change if the Federal Communications Commission has its way. Originally…more

Automation Systems, Banks, Class Action, Electronic Communications, FCC

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Down the rabbit hole: Alice case chases the elusive white rabbit of patent reform

Patent trolls — non-practicing entities best known for threatening expensive patent litigation in order to collect licensing fees from accused infringers — are a well-documented problem. Measures aimed at reforming patent…more

Patent Infringement, Patent Litigation, Patent Reform, Patent Trolls, Patents

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EEOC takes aim at Target for discriminatory pre-employment tests

The EEOC recently announced its $2.8 million settlement with Target Corp. of discrimination claims arising out of the use of employment tests in the hiring process. Discriminatory pre-employment tests like the ones at issue in…more

ADA, ADEA, Age Discrimination, Background Checks, Corporate Counsel

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Changes to Federal Rules to affect patent infringement pleadings

Patent owners and businesses should be prepared for yet another change to patent infringement litigation. In April 2015, the U.S. Supreme Court adopted Congress’s amendments to the Federal Rules of Civil Procedure, which went…more

Direct Infringement, Federal Rules of Civil Procedure, Form 18, FRCP 84, New Amendments

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HHS announces new risk assessment tool for HIPAA security compliance

Recently, the Department of Health and Human Services released an interactive security risk assessment tool intended to assist employers who sponsor self-insured group health plans in complying with their HIPAA security rule…more

Compliance, Data Protection, HHS, HIPAA, Risk Assessment

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EPA nixes state exemptions on excess CAA emissions

Affirmative defenses commonly relied upon by facility operators to avoid civil and administrative penalties for violations of air emissions limitations during periods of facility startup, shutdown or malfunction (“SSM”) may…more

Affirmative Defenses, Burden of Proof, Carbon Emissions, Clean Air Act, Department of Environmental Quality

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Are your HIPAA ducks in a row? The next round of OCR HIPAA audits is approaching

In 2011 the Department of Health and Human Services’ Office for Civil Rights (OCR) established the HIPAA Pilot Audit Program to ensure compliance with HIPAA’s privacy, security and breach notification rules. The first…more

Audits, Best Management Practices, Covered Entities, Enforcement, HHS

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Keys to crafting an effective response to an EEOC discrimination charge

Once the Equal Employment Opportunity Commission (EEOC) receives a discrimination complaint from a current or former employee, the Commission begins gathering information about their allegations of discriminatory treatment. That…more

Complaint Procedures, Discovery, EEOC, Employment Discrimination, Position Statements

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New ruling limits out-of-pocket expenses at individual level in 2016

Most health plan and health insurance policies include strategies that require persons covered under them to share in the costs that are paid. This strategy, often referred to as cost-sharing, serves two purposes. First, it…more

Affordable Care Act, Cost-Sharing, Employer Group Health Plans, Health Insurance, Out-of-Pocket Expenses

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Facebook ‘like’ considered protected activity

Employers know that when it comes to employees discussing employment issues on social media, it is best for employers to tread carefully. A recent federal court of appeals decision confirmed that even a simple Facebook “like”…more

Disparagement, Facebook, NLRA, NLRB, Protected Concerted Activity

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McAfee & Taft AgLINC - Fall 2012

In This Issue: - 1 Farmers and commercial motor vehicle regulations - 4 Aflatoxin and the insured farmer - 5 Do you need a CDL for your recreational vehicle? - 6 McAfee & Taft’s Agricultural Real Estate Transactional…more

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New state law mandates education about end-of-life treatment

Beginning in 2015, the newly enacted Medical Treatment Laws Information Act imposes educational requirements on Oklahoma health care providers related to patient end-of-life treatment decision-making. Two groups of professionals…more

End-of-Life-Care, Health Care Providers, Healthcare, Hospitals, New Legislation

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DOL proposes dramatic changes to FLSA overtime rules

In March of 2014, President Obama issued a presidential memorandum directing the secretary of labor to “update” and “modernize” the regulations under which the U.S. Department of Labor (DOL) manages the Fair Labor Standards Act…more

Barack Obama, DOL, Exempt-Employees, FLSA, NPRM

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McAfee & Taft tIP Sheet - June 2013

In This Issue: - Short Attention Span - When the stars align: Negotiating celebrity endorsement deals - It’s not easy saying you’re green - Excerpt from Short Attention Span: LIKE IT? TWEET IT? PIN…more

Advertising, Disclosure Requirements, FTC, Online Advertisements, Social Media

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Counting on you: Consider the OBF for your end-of-year donations

Originally published in the Oklahoma Bar Journal, Vol. 83, No. 33 - December 8, 2012. It’s that time of year when the Oklahoma Bar Foundation asks you to make a contribution to the OBF as a part of your end-of-year…more

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Physicians as whistleblowers: Doctors get rich by exposing fraud

As the federal and state governments have evolved from Uncle Sam to Doctor Sam, the potential for healthcare waste, fraud and abuse has also increased. One way the government has deterred healthcare fraud is by enacting and…more

Affordable Care Act, Anti-Retaliation Provisions, DOJ, False Claims Act (FCA), Healthcare Fraud

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DOL: Most workers are employees, not independent contractors

On Wednesday morning, the U.S. Department of Labor (DOL) issued a memorandum providing guidance in helping employers to reduce the misclassification of employees as independent contractors. There is no change to any existing…more

DOL, Economic Realities Test, FLSA, Independent Contractors, IRS

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Tenth Circuit affirms federal preemption of state law tort claims for medical devices

In Caplinger v. Medtronic, __ F.3d __ (10th Cir. 2015), the Tenth Circuit Court of Appeals affirmed dismissal of a patient’s state law tort claims against a medical device manufacturer as preempted by federal law. The Tenth…more

Dismissals, FDA, Manufacturers, Medical Devices, Off-Label Promotion

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Common legal issues affecting the refining industry

Some involvement with legal issues is inevitable for professionals, including individuals and the companies for whom they work. But too often, companies — their management, their personnel, and their counsel — accept the status…more

Client Services, Consultation, Contract Drafting, Refineries

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2015 amendments to the Federal Rules of Civil Procedure now in effect

Amendments to the Federal Rules of Civil Procedure went into effect December 1. The rules committee’s objectives behind the amendments were to (1) reduce delay, (2) encourage judges to get more involved, (3) clarify the scope of…more

Cost-Shifting, Discovery, Discovery Costs, Electronically Stored Information, Federal Rules of Civil Procedure

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The benefits of an appeal or review committee

Retaliation claims are some of the most common employment-based claims that employers face. In 2014, the number of retaliation claims filed with the Equal Employment Opportunity Commission reached a record high – 37,955 charges…more

Appeals, EEOC, Hiring & Firing, Performance Reviews, Race Discrimination

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Concurrent ‘Alter-Ego’ Claims: Oklahoma Leads the Nation in Extending Protection to Shareholders, Officers and Directors

During the past several years, practitioners have devoted significant attention to the fate of the Oklahoma Legislature’s efforts at, and the Oklahoma Supreme Court’s response to, legislative tort reform. However, few noticed…more

Alter Ego, Board of Directors, Corporate Officers, LLC, Professional Liability

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Envirnomental Regulatory Update: Environmental Progress & Sustainable Energy - Volume 32, Issue 3 - October 2013

Oil and Gas Update - Hydraulic Fracturing Regulations - Bureau of Land Management: On May 16, 2013, the U.S. Department of Interior’s Bureau of Land Management (BLM) released a Supplemental Notice of Proposed…more

Bureau of Land Management, Chemicals, Clean Air Act, Energy Policy, EPA

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Farm Data: Do you know who owns it?

At its roots, farming consists of performing particular tasks – such as planting, fertilizing or harvesting – against a predetermined schedule. Advances in technology have allowed farmers to do these tasks in a more economical…more

Data Collection, Farms, Service Agreements, Technology

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OIG rules hospital's offer of free transportation, lodging doesn't violate anti-kickback statute

The Office of Inspector General of the Department of Health and Human Services recently posted an Advisory Opinion describing a proposed arrangement by an academic medical center that offers free transportation and lodging to…more

Advisory Opinions, Anti-Kickback Statute, CHIP, Free Health-Related Services, HHS

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The Cape Town Convention: An Evolving Process (with a Side Note on Non-Citizen Trusts)

Introduction - This is the second article for the International Comparative Legal Guide series. Our first article covered the Convention on International Interests in Mobile Equipment (the “Convention”) and the Protocol…more

Aircraft, Airlines, Federal Aviation Administration (FAA), Treaties

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Virginia Supreme Court decision reversing $17.5 million asbestos verdict against ExxonMobil Corp. stands

On June 10, 2013, the U.S. Supreme Court declined to accept the appeal of a case dealing with the duty of ship owners, under the Longshore and Harbor Workers’ Compensation Act (33 U.S.C. §§ 901, et seq.), to intervene in…more

Compensatory Damages, Exxon Mobil, SCOTUS

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Interlocutory Orders Appealable by Right

No one likes to think about, much less plan for, a worst-case scenario. However, your clients' appellate options should be a critical part of your pretrial and trial strategy. There are certain interlocutory, or non-final,[1]…more

Appeals, Interlocutory Appeals, Interlocutory Orders

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OIG issues additional guidance to healthcare boards regarding compliance efforts and oversight

The Office of the Inspector General (OIG) of the U.S. Department of Health and Human Services, together with leading legal, audit and compliance collaborators, recently issued the fourth in a series of publications providing…more

Board of Directors, Compliance, Fiduciary Duty, Guidance Update, Healthcare

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Defining supervisor by Dara Wanzer

Originally published in the Journal Record on December 6, 2012. So what exactly does it mean to be a supervisor? Must you have the power to hire, fire, demote, promote, transfer or discipline an employee? Or do you…more

Harassment, Split of Authority, Supervisors, Title VII

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Cuban Trademark Protection: Is now the time?

Recent relaxations in travel restrictions and talks to end the economic embargo the United States has imposed on Cuba for more than 50 years have increased interest in the Cuban market. With its close proximity and 11 million…more

Corporate Branding, Cuba, First-to-File, Intellectual Property Protection, Madrid Protocol

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Jury slaps AutoZone with $186M verdict for pregnancy bias

Earlier this summer, a California jury awarded nearly $186 million – $800,000 in compensatory damages and $185 million in punitive damages – to a former AutoZone store manager who filed suit against the auto parts retailer for…more

Bias, Compensatory Damages, EEOC, Jury Awards, Pregnancy Discrimination

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Farm Data: Do you know who owns it?

At its roots, farming consists of performing particular tasks – such as planting, fertilizing or harvesting – against a predetermined schedule. Advances in technology have allowed farmers to do these tasks in a more economical…more

Data Collection, Farms, Service Agreements, Technology

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Gavel to Gavel: Failure to report costly

Employers have many reporting requirements, but there is one many overlook – the Unclaimed Property Act, Oklahoma Statute title 60, §§ 651 et seq. The statute requires that a person holding property, tangible or intangible,…more

Employer Liability Issues, Failure to Report, Reporting Requirements, Unclaimed Property

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Contact

Tenth Floor, Two Leadership Square
211 N. Robinson
Oklahoma City, Oklahoma 73102-7103, United States

Contact: Brad Neese

  • (405) 235-9621
  • (405) 235-0439

Areas of Practice
  • Administrative Law
  • Agriculture
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Class Action
  • Commercial Law & Contracts
  • Construction Law
  • Debtor/Creditor
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • Oklahoma
Number of Attorneys

100+ Attorneys

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

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