McAfee & Taft

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Michael Avery

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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Sasha L. Beling

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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Rachel Blue

Gavel to Gavel: It all ads up

‘Tis the season for post-holiday sales and New Year’s resolutions. Businesses may be working a little harder to lure consumers, and that means more advertising. Originally published in The Journal Record - January 2,…more

Advertising, Blogs, Consumer Fraud, Disclosure Requirements, Retailers

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Elizabeth Bowersox

Policing the workplace: Are you my supervisor?

A recent Tenth Circuit Court of Appeals case involving the rape of an employee by her superior clarifies the Tenth Circuit’s case law on when an individual is considered a “supervisor,” and also provides a cautionary tale for…more

Harassment, Sexual Harassment, Supervisors

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Jessica John Bowman

Copyright myths and legends

You can find almost anything you need on the internet: photographs, illustrations, articles, music. It is all too easy to download, print, and otherwise copy these materials for use in presentations, employee manuals, and in…more

Copyright, Fair Use

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Matt Brown

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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Jeremiah Buettner

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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Jared M. Burden

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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Jennifer Callahan

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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Kymala Carrier

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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Josh Cline

Vegas vacation protected by the FMLA

Last month, in Ballard v. Chicago Park District (Case No. 13-1445, 7th Cir. 1/28/14), a federal court of appeals addressed whether an employee was eligible for FMLA leave while vacationing in Las Vegas with her terminally ill…more

Employee Benefits, Employee Rights, FMLA, Paid Leave, Unpaid Leave

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Ellen Cordell

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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Roberta Fields

Hidden costs of interns

Summertime at the workplace is usually marked by the arrival of eager students willing to work for free in exchange for valuable hands-on work experience and maybe future job references. The offer is enticing, but employers…more

DOL, FLSA, Minimum Wage, Unpaid Interns, Wages

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Sam Fulkerson

Gavel to Gavel: Blurring online

Most employers consider the National Labor Relations Board a federal entity that decides legal issues related to workplace union activities. What many employers don’t realize is the NLRB has authority over any concerted employee…more

Employee Rights, NLRB, Protected Concerted Activity, Unions

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Matt Gibson

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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Maria Gonzalez

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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Charles Greenough

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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William D. Hall

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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Lauren Barghols Hanna

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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Michael Joseph

Norman Physician Hospital Organization — Factors Supporting Clinical Integration

Clinical integration is a somewhat imprecisely defined concept in the health care industry. Lawyers and health care executives have identified components and elements of clinical integration and frequently ask how many of those…more

Clinical Integration, Competition, Compliance, FTC, Healthcare

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Suzanne Kern

Message to Employers: Stick to your story

A decision by a federal court in Oklahoma City reminds employers that when terminating an employee for a legitimate business reason, an employer does not need to sweeten the pot with additional reasons for termination –…more

Employer Liability Issues, Termination

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Barbara Klepper

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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Michael Lauderdale

NLRB continues quest to expand its authority

Now that the National Labor Relations Board has its mandated full complement of five members, it is expected that it will continue its quest to broaden its authority over private employers. For example, along with the NLRB’s…more

Arbitration, NLRA, NLRB, Social Media Policy, Unions

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Brandon Long

Post-DOMA, IRS and CMS issue further guidance regarding same-sex spouses

Last September, three months after the U.S. Supreme Court issued its landmark decision in United States v. Windsor, the IRS issued some much-anticipated guidance regarding the treatment of same-sex spouses. For employers who…more

CMS, DOMA, Healthcare, Healthcare Reform, IRS

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Cole Marshall

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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Jared Mashaney

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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Benjamin Munda

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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Kathy Neal

Passing a DOT medical exam is a ‘marginal function’ of the job?

In a recent opinion by the Eleventh Circuit Court of Appeals involving a Type-1 insulin-dependent diabetic, the court found that passing a Department of Transportation medical examination was an impermissible “qualification…more

ADA, Disability, DOT, FedEx, Medical Examinations

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Zach Oubre

McAfee & Taft tIP Sheet - March 2013

In This Issue: - 3 Monitoring employees’ use of company trademarks in social media - 5 Keys to ensuring the secrecy of trade secrets - 6 FTC amends Children’s Online Privacy Protection Rule - Excerpt from…more

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Charlie Plumb

Courteous, professional workplace policy outlawed

In recent months, some of the National Labor Relations Board’s intentions have become obvious. First, the NLRB plans on devoting considerable attention and resources towards non-union employees and employers. Next, the NLRB will…more

employee, Employee Handbooks, Employer Liability Issues, NLRB, Section 7

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Jim Prince

IRS outlines new reporting requirements for employers on health care coverage

As has been widely discussed since its enactment in 2010, the Affordable Care Act (ACA) imposes new penalties on individuals who do not have health care coverage and on certain large employers who do not offer health care…more

Affordable Care Act, Healthcare, IRS, Reporting Requirements

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Tony G. Puckett

She tweeted what?!

Employers may have become familiar with some of the legal and human resources issues involving social media use by employees. However, one social media platform offers an illustration of the many evolving legal, human resources…more

Appropriate Business Decorum, Human Resources Professionals, Libel, NLRB, Section 7

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Richard Riggs

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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Patricia Rogers

Government targets ‘risky business’ with free HIPAA assessment tool

Last week, the Office for Civil Rights of the U.S. Department of Health and Human Services released a toolkit for covered entities and business associates to use to perform a security risk assessment. The HIPAA Security Rule…more

Data Protection, HIPAA, Investigations, PHI

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Paul Ross

SCOTUS: Severance payments are taxable

In the words of noted American statesman Benjamin Franklin, “in this world nothing can be said to be certain, except death and taxes.” Given Franklin’s thoughts, yesterday’s decision by the U.S. Supreme Court in the case of…more

FICA Taxes, Income Taxes, SCOTUS, Severance Pay

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Jay Shanker

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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Susan Shields

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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Kristin Simpsen

Don't let medical absences cloud your judgment

In late January, the Tenth Circuit Court of Appeals issued a decision in Smothers v. Solvay Chemicals Inc. (No. 12-8013, 10th Cir. Jan. 22, 2014) that emphasized the importance of conducting a proper investigation and applying…more

Adverse Employment Action, Disability Discrimination, FMLA, Hiring & Firing, Retaliation

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Heidi Slinkard Brasher

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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Michael Smith

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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John Stiner

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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Mary Ellen Ternes

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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Jeff L. Todd

McAfee & Taft AgLINC - Fall 2013: Syndication: A viable option for ownership of breeding stock

The syndication of stallions rose in popularity several years ago as a result of available tax benefits and the practical benefit of common ownership of a valuable animal used for breeding. While most of the tax benefits from…more

Farm Animals, Farms, Syndications

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Elizabeth Tyrrell

CMS authorizes contractors to deny ‘related’ claims of physicians who are not undergoing review

The Centers for Medicare and Medicaid Services (CMS) of the Department of Health and Human Services recently issued Transmittal 505 modifying Section 3.2.3 of the Medicare Program Integrity Manual. CMS employs a variety of…more

CMS, Contractors, Healthcare, MACs, Medicare

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Erin Van Laanen

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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Christina Vaughn

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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Alison Verret

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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Dara K. Wanzer

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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Nathan Whatley

Employer's quick action bars racial harassment claim

Recently, a federal circuit court of appeals overturned a six-figure jury award in a case alleging racial harassment that involved talk of lynching and thinly veiled references to the Ku Klux Klan. Here’s another example of…more

Compliance, Discrimination, Employer Liability Issues, Harassment, Racial Discrimination

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Sharolyn Whiting-Ralston

Are you complying with your reporting and notification obligations for unclaimed wages?

As employers, you have so many reporting requirements I know the last thing you want to hear is that there’s another one you may need to factor in. But, as lawyers it’s our job to sometimes be the bearer of bad news. So,…more

Compliance, Notice Requirements, Reporting Requirements, Wage and Hour, Wages

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