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, Public Purpose, State and Local Government, State Funding

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McAfee & Taft tIPsheet - March 2013: FTC amends Children’s Online Privacy Protection Rule

On December 19, 2012, the Federal Trade Commission amended the Children’s Online Privacy Protection Rule to be consistent with the requirements of the Children’s Online Privacy Protection Act. The amendments to the COPPA Rule…more

COPPA, Data Collection, Data Protection, FTC, Personally Identifiable Information

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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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The spy who came in from the kitchen…

Offering workers the opportunity to work from home has many benefits for both the employee and employer, but it can bring challenges as well. One challenge is handling trade secrets, which are defined as any information that…more

Best Management Practices, Telecommuting, Trade Secrets

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Secret Connections: LinkedIn contacts may be a trade secret

A California court recently determined that an employee’s LinkedIn contacts could be considered a “trade secret” in a case where the employee retained his contacts after he left the company and began a competing venture…more

Client Data, Facebook, LinkedIn, Popular, Social Media

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New ‘.bank’ domain available in mid-2015

New opportunities for the banking community are coming this year. In the fall of 2014, the Internet Corporation for Assigned Names and Numbers (ICANN), the entity responsible for coordinating internet domain names, granted fTLD…more

Banks, Domain Names, gTLD, ICANN, Popular

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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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Rules differ regarding second opinions on fitness-for-duty certifications

Employers may require fitness-for-duty certifications in a variety of circumstances, including employees returning from leave under the Family and Medical Leave Act (FMLA) and determining the existence of disabilities or the…more

ADA, Employer Liability Issues, Fitness for Duty Exams, FMLA

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Employee investigation tips

Employers investigate all sorts of odd or disturbing claims. Knowing how to properly investigate these claims is critical. A recent case from the Tenth Circuit Court of Appeals put this on full display…more

Hiring & Firing, Internal Investigations, Teachers, Termination, Wrongful Termination

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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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McAfee & Taft takes the lead in protecting American farmers' right to 2014 Farm Bill's APH Adjustment Option

Farmers who insure their crops with an Actual Production History (APH) type of crop insurance policy — especially in areas affected by the recent severe droughts — received a welcome benefit in the 2014 Farm Bill known as the…more

APH, Crop Insurance, Drought, Farm Bill, Farms

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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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Employer beware: NLRA rulings often conflict with existing employer policies

One of the biggest misconceptions employers have is that the National Labor Relations Act (NLRA) only applies to unionized employers. As a result, employers may hear of an adverse ruling from the National Labor Relations Board –…more

Facebook, NLRA, NLRB, Non-Union, Protected Concerted Activity

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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, Insurers, Notice Requirements

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DISABILITY DISCRIMINATION: Court rules interactive process should have been triggered by a couple of stray comments

I miss my dog … or how to require your employer to let you bring your dog to work. Don’t laugh. A recent federal court decision from Hawaii seriously considered this issue. John Assaturian, a long-time Hertz employee with…more

ADA, Disability, Disability Discrimination

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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, FAA, Treaties

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Gavel to Gavel: Good news, bad news by Charles Greenough

Originally published in The Journal Record - January 3, 2013. What do bankruptcy lawyers and undertakers have in common? Your bad news is their good news. So, if the news from bankruptcy court is bad for bankruptcy lawyers,…more

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McAfee & Taft tiP Sheet - November 2012

In This Issue: - 1 Common sense trade secret protection - 4 Canada’s Anti-Spam Legislation to impact electronic marketing and communications - 5 Concerns over copyright infringement drive Google to change search…more

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McAfee & Taft AgLINC - May 2013: Do you have enough water?

Unless you are located in far southeastern Oklahoma, chances are that you could always use some extra water to grow your agribusiness. Oklahoma law requires that if you use groundwater or water from an Oklahoma stream for…more

Farms, Groundwater, Permits

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Innovation Districts

Last year representatives of a coalition of 11 organizations started meeting to discuss the continued development and expansion of Oklahoma City’s bioscience and technology sectors. Among other matters, the group discussed…more

Biotechnology, Economic Development, Innovation, Life Sciences, Special Districts

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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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Job descriptions continue to be critical in defending against disability claims

The Tenth Circuit Court of Appeals recently affirmed summary judgment on behalf of the employer in a case where the employee claimed that the requirement to be a Department of Transportation-certified driver was not an essential…more

Appeals, Disability Discrimination, Discrimination, Employer Liability Issues, Job Descriptions

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HEALTH CARE REFORM: Time to get serious about the Affordable Care Act’s employer reporting requirements

The Affordable Care Act (ACA) has consumed us for the last four and a half years. As employers, we have spent so much time trying to figure out what the ACA requires, trying to hit the government’s moving regulatory targets, and…more

Affordable Care Act, Employer Group Health Plans, Employer Mandates, Full-Time Employees, IRS

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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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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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Justice Department sues university in Oklahoma on behalf of transgender professor

One of the Equal Employment Opportunity Commission’s stated 2015 priorities is applying Title VII’s sex discrimination protection to lesbian, gay, bisexual and transgender individuals. This focus is illustrated by a recent case…more

DOJ, EEOC, Professors, Retaliation, Sex Discrimination

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Oklahoma's new defense in patent infringement lawsuits

A new Oklahoma law should give would-be plaintiffs pause before alleging abusive patent infringement claims. In May, Governor Fallin signed into law HB 2837, making Oklahoma one of 18 states to enact a state bill aimed at patent…more

New Legislation, Non-Practicing Entities, Patent Infringement, Patent Litigation, Patent Trolls

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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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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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EEOC clarifies rules for wellness programs

Wellness programs in the workplace - Increasingly, employers are putting in place wellness programs aimed at promoting healthier lifestyles and preventing disease among the workforce. Often they are offered in conjunction…more

ADA, Affordable Care Act, EEOC, GINA, HIPAA

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EMPLOYEE BENEFITS LAW ALERT: What the legalization of same-sex marriage means for Oklahoma employers

On Monday, Oklahoma became one of five additional U.S. states required to allow same-sex couples to marry after the U.S. Supreme Court refused to review lower court decisions that overturned state bans on same-sex marriage…more

Employee Rights, Marriage, Same-Sex Marriage

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President vetoes resolution to block new NLRB election rules

The National Labor Relations Board’s new election rules, which include changes allowing for so-called “ambush elections,” will not be blocked by Congressional resolution after all. On March 31, President Obama vetoed a joint…more

Ambush Election Rules, Barack Obama, NLRB, Presidential Veto, Union Elections

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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, Healthcare Professionals, Healthcare Providers

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NLRB rules employee’s vulgar, unprofessional social media post is protected concerted activity

Over the past few years, we’ve warned our employer clients that discipline of employees for social media activity has become risky business. The National Labor Relations Board has taken the position that employee commentary on…more

ALJ, Managers, NLRA, NLRB, Obscenity

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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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Texas court rules disabled employees must ask for accommodations

What’s an employer to do when a disabled employee has repeated opportunities to ask for an accommodation but doesn’t act on them? In a recent case, a federal court in Texas ruled that the employer was justifiable in terminating…more

ADA, Delivery Drivers, Employer Liability Issues, Hiring & Firing, Policies and Procedures

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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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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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Questioning employees about prescription drugs that could affect performance and safety

Employers often have policies and procedures (frequently included in a drug testing policy) that require their employees to disclose the lawful use of prescription drugs (i.e., per the advice and prescription of a licensed…more

ADA, Disability, EEOC, Employee Rights, Employer Liability Issues

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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, LLC, Officers, 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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McAfee & Taft takes the lead in protecting American farmers' right to 2014 Farm Bill's APH Adjustment Option

Farmers who insure their crops with an Actual Production History (APH) type of crop insurance policy — especially in areas affected by the recent severe droughts — received a welcome benefit in the 2014 Farm Bill known as the…more

APH, Crop Insurance, Drought, Farm Bill, Farms

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Hospital-Physician Alignment

Hospital-physician alignment involves the effective coordination between physicians and hospitals in order to accomplish and prioritize patient care and financial goals. Those goals may relate to better patient-centered care,…more

Healthcare, Hospitals, Physicians

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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, 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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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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Employee who quit during interactive process cannot pursue ADA claim

A federal appeals court recently decided against an employee who failed to satisfy her obligation to cooperate in the interactive process with her employer when searching for a reasonable accommodation for her disability. The…more

ADA, Disability Discrimination, Discrimination, EEOC, Interactive Process

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New procedures available for invalidating patents before the USPTO

Business executives have long struggled with whether to defend a patent infringement suit in court, try to settle the dispute for less than the cost/risk of defending it, or seek to deal with the problem patent by requesting a…more

America Invents Act, Inter Partes Review Proceedings, Patent Infringement, Patents, Popular

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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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