McAfee & Taft

Contact
Share
Info
Tenth Floor, Two Leadership Square
211 N. Robinson
Oklahoma City, Oklahoma 73102-7103, United States
Contact: Brad Neese
Phone: (405) 235-9621
Fax: (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

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

See all updates »

Free speech legal battle changes law on disparaging trademarks

Last month, in Matal v. Tam, the U.S. Supreme Court affirmed the Federal Circuit Court of Appeal’s decision that struck down a portion of Section 2(a) of the Lanham Act…more

Disparagement, First Amendment, Free Speech, Lanham Act, Matal v Tam

See all updates »

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

See all updates »

Gavel to Gavel: Fake goods pose real risks when shopping online

"'Twas the week before Christmas, and one click of the mouse ordered the presents for all in the house. With two-day free shipping and discounts galore, we just shop online – why go to a store?" Originally published in The…more

Amazon, Counterfeiting, eBay, Fashion Branding, Internet Retailers

See all updates »

Best practices for employers under the EEOC’s new strategic enforcement plan

The Equal Employment Opportunity Commission has announced its “Strategic Enforcement Plan” for years 2017 to 2021. The 2017 plan replaces the earlier version, issued in 2012, but is not a radical departure from the previous…more

Anti-Discrimination Policies, Anti-Harassment Policies, Backlash Discrimination, Best Practices, Corporate Counsel

See all updates »

New U.S. Supreme Court decision changes venue rules in patent cases

Early last week, the U.S. Supreme Court reversed the Federal Circuit in an 8-0 decision that will make it easier for companies to defend patent infringement lawsuits. In TC Heartland LLC v. Kraft Foods Group Brands, LLC, the…more

Forum Shopping, Patent Infringement, Patent Litigation, Patents, Personal Jurisdiction

See all updates »

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

See all updates »

Best practices for Oklahoma employers when inquiring about criminal histories

You’ve probably at least heard of the so-called “Ban the Box” movement, a campaign aimed at convincing employers to remove any checkbox on applications designed to elicit information regarding an applicant’s criminal record…more

Ban the Box, Criminal Background Checks, Criminal Records, EEOC, Employer Liability Issues

See all updates »

DOL back at it: FLSA ‘white collar’ exemption salary threshold likely to increase

Last year was a busy year for employers. Many conducted internal audits and went through intense planning to comply with new U.S. Department of Labor overtime regulations that were to take effect December 1, 2016. Those 2016…more

Administrative Authority, Appeals, DOL, FLSA, Minimum Salary

See all updates »

Oklahoma Supreme Court broadens scope of state's informed consent law

In the late 1970s, a patient named Norma Jo Scott underwent a hysterectomy performed by Dr. Vance Bradford that resulted in problems with incontinence. She sued Dr. Bradford for failing to disclose the risks and available…more

Informed Consent, Medical Malpractice, OK Supreme Court, Physicians

See all updates »

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

See all updates »

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

See all updates »

Finally final: Rules offer guidance on how ADA and GINA apply to employer wellness programs

On May 16, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) finalized two rules that describe how Title I of the Americans with Disabilities Act (ADA) and Title II of the Genetic Information Nondiscrimination Act…more

ADA, EEOC, Employer Group Health Plans, Final Rules, GINA

See all updates »

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

See all updates »

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

See all updates »

Proposed IRS regulations will limit valuation discounts for family-held entities

On August 2, 2016, the Internal Revenue Service (IRS) released proposed regulations that, when finalized, will affect clients holding and transferring interests in family-controlled entities. Family limited partnerships (FLPs),…more

Business Entities, Estate Planning, Estate Tax, Fair Market Value, Family Businesses

See all updates »

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

See all updates »

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

See all updates »

Patent portfolios as offensive and defensive powerhouses

Patents can be a key part of supporting and leveraging your business but can be costly to procure and maintain. The true value in patents derives from the right to exclude others from making, using or selling the patented…more

IP License, Patent Portfolios, Patents

See all updates »

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

See all updates »

Craft brewery startups: Early stage IP considerations

By all accounts, as we head into 2017, the craft beer industry will continue to experience tremendous growth. This is due to primarily to increasing consumer demand. Also, favorable legislation in some states should help fuel…more

Beer, Breweries, Copyright, Copyright Registration, Innovation

See all updates »

Gavel to Gavel: The insolvency dilemma for directors

In light of a recent swell of bankruptcies in Oklahoma and surrounding areas – predominantly triggered by the turbulent energy market – directors should fortify their understanding of fiduciary duties owed to companies in times…more

Board of Directors, Creditors, Fiduciary Duty, Insolvency, Shareholders

See all updates »

Recruiting for youthful workforce leads to age discrimination lawsuits

Some companies may believe that projecting a youthful and energetic image is important to their brand. Two recent court cases, however, show that employers who focus their hiring policies and practices too much on young workers…more

ADEA, Age Discrimination, Consent Decrees, Disparate Impact, EEOC

See all updates »

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

See all updates »

‘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

See all updates »

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

See all updates »

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

See all updates »

Employer input sought on new overtime regs

As we previously reported, the U.S. Department of Labor failed to challenge a federal district court’s blocking of the new overtime rule that was set to go into effect last December and, instead, signaled its intent to revisit…more

DOL, Exempt-Employees, FLSA, Minimum Salary, Non-Exempt Employees

See all updates »

Bankruptcy Pitfalls: How an infringer's bankruptcy could impact your IP rights

As a patent owner, you have the exclusive right to prevent others from making, using, selling, offering for sale, or importing your claimed invention into the United States. You also have the ability to recover damages from a…more

Automatic Stay, Commercial Bankruptcy, Damages, Debtors, Exclusivity

See all updates »

Avoiding contractual pitfalls and 'gotchas'

You’re likely to see the same clauses repeated in most patent, trade secret and software license contracts. As a result, these agreements have a similar structure and feel, which can lead one to assume that a clause in a new…more

Confidential Information, Contract Terms, Indemnification Clauses, IP License, Limitation of Liability Clause

See all updates »

Lessons in dealing with an “equal opportunity” harasser

A new opinion released by the Tenth Circuit provides practical tips to employers dealing with multiple employee complaints alleging generalized harassment and/or discrimination throughout the workplace…more

Appeals, Employee Handbooks, First Amendment, Gender Discrimination, Genuine Issue of Material Fact

See all updates »

Gavel to Gavel: Preventing data breaches

The risk data breaches and cyberattacks pose to small businesses cannot be overstated. Roughly half experienced a breach within the past year at an average cost of $665,000 and immeasurable lost revenue. Worse yet, approximately…more

Cyber Attacks, Data Breach, Data Security, Email Policies, Employee Training

See all updates »

Sponsorship Agreements: Creating a win-win for businesses and advertisers

Sponsorships are not only a revenue generator for businesses, but a powerful way of boosting the visibility of brands. It’s why major stadiums and venues often bear the logo of a leading brand, or why you’ll see a soft drink…more

Advertising, Corporate Branding, Exclusivity Clauses, Intellectual Property Protection, Marketing

See all updates »

The non-existent corporate practice of medicine prohibition in Oklahoma

Physicians, hospitals and healthcare organizations frequently ask us about corporate practice of medicine restrictions in Oklahoma. The corporate practice of medicine doctrine basically restricts physicians from being employed…more

Corporate Practice of Medicine, Health Care Providers, Hospitals, Medical License, Physicians

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

The Affordable Care Act is here to stay

In the last few weeks we have talked to hundreds of employers about the American Health Care Act (AHCA), which was proposed in the U.S. House of Representatives on March 6. Many of you have asked about the AHCA, how it might…more

Affordable Care Act, Cadillac Tax, Employer Group Health Plans, Employer Mandates, Large Employer

See all updates »

Court rules employer not able to accommodate pregnant employee

A recent ruling by the federal appeals court that covers Oklahoma reminds employers that they must treat pregnant employees with health conditions or work limitations the same as any other employee with health conditions or work…more

Appeals, Chemicals, Disparate Treatment, Essential Functions, Light-Duty Positions

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

Gavel to Gavel: Summary judgment, or letting the judge do her job

Justice is blind, but judges are not. That is why judges are empowered, through a process called summary judgment, to decide whether a case deserves to go to trial. But while the law trusts trial judges to discern between…more

Appeals, Frivolous Lawsuits, Judicial Discretion, Motion for Summary Judgment, Motion To Reconsider

See all updates »

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

See all updates »

Court finds Onionhead a religion in reverse religious discrimination case

Many of you who read the headline about “Onionhead” being considered a religion in the context of a discrimination case may have guffawed or shaken your head in disbelief. The 102-page opinion by U.S. District Court Judge…more

EEOC, Hiring & Firing, Religion, Religious Discrimination, Reverse Discrimination

See all updates »

The non-existent corporate practice of medicine prohibition in Oklahoma

Physicians, hospitals and healthcare organizations frequently ask us about corporate practice of medicine restrictions in Oklahoma. The corporate practice of medicine doctrine basically restricts physicians from being employed…more

Corporate Practice of Medicine, Health Care Providers, Hospitals, Medical License, Physicians

See all updates »

Gavel to Gavel: Office pool madness

For the 50 million Americans who are expected to participate in March Madness office pools this year, hope springs eternal … that is, until the official first round tips off and brackets begin busting. But for now, there’s…more

Employer Liability Issues, Employment Policies, Illegal Gambling, Lost Productivity, March Madness

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

Vague, open-ended medical leave denied

The Americans with Disabilities Act requires employers to consider a leave of absence for an employee due to a medical condition as a form of accommodation. However, that requirement is not without limitations. A recent appeals…more

ADA, Disability Discrimination, Essential Functions, Medical Leave, Reasonable Accommodation

See all updates »

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

See all updates »

Employers’ right to keep employee tips

A recent decision by the federal appeals court that covers Oklahoma ruled that employers are not required to share customer tips with employees who are already receiving wages at or above the minimum wage amount…more

Administrative Authority, Administrative Interpretation, Appeals, DOL, Employer Rights

See all updates »

Are questions about a job applicant’s salary history fair game or off limits?

Prior salary history is a common question asked of job applicants, both during interviews and on job applications. Until recently, employers likely would not have thought twice about asking a candidate the question, “How much…more

Chamber of Commerce, Equal Pay, Equal Pay Act, Fair Pay Act, Free Speech

See all updates »

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

See all updates »

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

See all updates »

Federal court ruling means OSHA drug testing limitations are now live

As we previously discussed, the U.S. Occupational Safety and Health Administration made waves earlier this year with its newly announced position that employers who conduct post-accident drug or alcohol testing might violate…more

Anti-Retaliation Provisions, Dismissals, Drug Testing, Employer Liability Issues, Final Rules

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

IP holding companies offer potential added protection benefits

Protecting intellectual property — from theft or misappropriation, infringement, or even from potential creditors and judgments — is a chief concern among businesses large and small and can be accomplished in a variety of ways…more

Copyright, Holding Companies, Intellectual Property Protection, Patents, Popular

See all updates »

Department of Labor withdraws joint employer guidance

A joint employer relationship can arise in circumstances where an individual performs work for two entities that share control over how that individual performs his/her work. Although joint employment relationships are most…more

Administrative Interpretation, DOL, FLSA, Franchises, General Contractors

See all updates »

Obtaining informed consent now requires full disclosure of certain surgical assistants

In a previous article titled “Oklahoma Supreme Court broadens scope of state’s informed consent law,” we reported on the Oklahoma Supreme Court’s expansion of the state’s informed consent law as it relates to the requirements of…more

Disclosure Requirements, Informed Consent, OK Supreme Court, Physician Assistant, Physicians

See all updates »

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

See all updates »

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

See all updates »

Strategies for avoiding unnecessary litigation expenses

Litigation is expensive, and concerns about the costs associated with litigation can deter both plaintiffs and defendants from vigorously pursuing their claims and defenses in court — even when those claims and defenses have…more

Business Litigation, Intellectual Property Protection, Litigation Fees & Costs, Litigation Strategies

See all updates »

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

See all updates »

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, Limited Liability Company (LLC), Professional Liability

See all updates »

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

See all updates »

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

See all updates »

Supreme Court ruling potentially expands false claims liability for healthcare providers

In a much-anticipated decision, the U.S. Supreme Court ruled recently that the implied false certification theory may form the basis for liability under the False Claims Act (FCA), resolving a split of among the federal Circuit…more

Conditions of Payment, False Claims Act (FCA), False Implied Certification Theory, Federal Contractors, Fraud

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

New OkPOLST form designed to improve end-of-life and crisis care

Beginning Friday, August 26, 2016, Oklahomans have another tool available to them for use in planning end-of-life care and treatment. It’s called an OkPOLST, which stands for Oklahoma Physician Orders for Life-Sustaining…more

Advanced Care Directives, Emergency Rooms, End-of-Life-Care, Hospitals, Long Term Care Facilities

See all updates »

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

See all updates »

Sponsorship Agreements: Creating a win-win for businesses and advertisers

Sponsorships are not only a revenue generator for businesses, but a powerful way of boosting the visibility of brands. It’s why major stadiums and venues often bear the logo of a leading brand, or why you’ll see a soft drink…more

Advertising, Corporate Branding, Exclusivity Clauses, Intellectual Property Protection, Marketing

See all updates »

DOL brings back an old favorite, seeks input on overtime changes

For more than 70 years, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) provided attorneys and human resources professionals with a very useful resource for determining how to comply with the laws and…more

Administrative Interpretation, DOL, FLSA, Minimum Salary, Opinion Letter

See all updates »

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

See all updates »

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

See all updates »

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.

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.