McAfee & Taft

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

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IRS guidance provides breathing room for implementing SECURE 2.0 Act catch-up contribution rule

As you probably already know, qualified retirement plans are permitted, but are not required, to allow participants who are age 50 or older to make additional elective deferrals (including designated Roth contributions), known…more

401k, Benefit Plan Sponsors, Employee Benefits, Employee Contributions, Employer Contributions

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Are You In or Out? Navigating the New EU Unitary Patent

For the past 50 years, it has been possible to obtain a patent in most countries in Europe by filing a single patent application in the European Patent Office (EPO). Such a patent application is prosecuted in the EPO and, once…more

EU, European Patent Office, Intellectual Property Protection, Patent Applications, Patent Litigation

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Beware: Caller ID spoofing the latest scam targeting trademark owners

In a February 2, 2023, article titled “USPTO warns of new spoofing scam targeting trademark owners,” we warned you about a spoofing tactic where scammers were calling trademark owners using “spoofing” to hide their true…more

Personal Information, Risk Management, Scams, Spoofing, Trademark Ownership

See all updates »

Jury to decide whether service member employees should be paid for military leave

Thanks to a recent ruling by the federal Ninth Circuit Court of Appeals (which covers California, Oregon, Washington, Idaho, Montana, Nevada and Arizona), Alaska Airlines now faces a jury trial in a class action claim that it…more

Employee Benefits, Employee Rights, Employer Liability Issues, Employment Policies, Hiring & Firing

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Benefits and pitfalls of alternative litigation funding

Intellectual property litigation is expensive. So much so that many businesses facing the prospect of pursuing litigation resort to making settlement decisions based on the economic burden of a multi-year litigation process,…more

American Bar Association (ABA), Intellectual Property Litigation, Intellectual Property Protection, Litigation Fees & Costs, Litigation Funding

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COVID-19 FAA Aircraft Registry Update

This evening, Wednesday, March 25, 2020, a “Safer at Home” order will go into effect in Oklahoma City. In effect, this order is no different than many of the “Shelter at Home” orders already in place in many cities around the…more

Aviation Industry, Coronavirus/COVID-19, Federal Aviation Administration (FAA), Filing Requirements, Quarantine

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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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Enforceability of non-competition agreements between employers less than certain under Oklahoma law

Most Oklahoma employers are familiar with the fact that the state has one of the strictest laws in the nation as it pertains to non-compete agreements between employers and employees.  But what about non-competition or…more

Employer Liability Issues, Employment Contract, No-Poaching, Non-Compete Agreements, Non-Solicitation Agreements

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Tenth Circuit clarifies employer’s burden in offering reasonable disability accommodations

Employers know that the Americans with Disabilities Act requires them to engage in an “interactive process” with employees seeking a reasonable accommodation. This is a back-and-forth discussion to determine the employee’s…more

Americans with Disabilities Act (ADA), Appeals, Disability, Employees, Employer Liability Issues

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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

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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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FAA Registry Update: Access to ancillary documents restricted to only Federal employees and contractors

The FAA Aircraft Registry recently announced, effective immediately, it is “restricting access to ancillary documents to only Federal employees and Federal contractors. Permit holders’ electronic access to ancillary documents…more

Cybersecurity, Data Privacy, Federal Aviation Administration (FAA), Federal Employees, Personally Identifiable Information

See all updates »

Nevertheless, the Affordable Care Act persisted

On June 17, 2021, the U.S. Supreme Court issued its ruling in California v. Texas on a challenge to the constitutionality of the Affordable Care Act (ACA).  This was the third major challenge to the ACA since it was enacted in…more

Affordable Care Act, California v Texas, Constitutional Challenges, Individual Mandate, SCOTUS

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Calling Bull: Challenging USDA agencies’ adverse decisions through the National Appeals Division

The United States Department of Agriculture (USDA), acting through its various agencies, including the Farm Service Agency (FSA) and the Natural Resources Conservation Service (NRCS), offers a variety of loan, risk management,…more

Adverse Judgments, Appeals, Department of Agriculture, Farm Service Agency (FSA), Natural Resources Conservation Service (NRCS)

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COVID-19: Fast Facts on the Tax Front

Earlier this week, U.S. Treasury Secretary Steven Mnuchin announced that the Internal Revenue Service would be delaying payment deadlines for federal income taxes until July 15, 2020. At the urging of tax preparers and…more

Coronavirus/COVID-19, Federal Taxes, Filing Deadlines, Income Taxes, IRS

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Child support encounters of the employer kind

Oklahoma child support is regulated by state statutes, enforced by courts and agencies, and often affects employer programs and payrolls. Child support includes parental payment as well as benefits provision. Employer health…more

Child Care, Child Custody, Child Support, Child Support Modification, Employer Group Health Plans

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Cashing in on direct beef sales: Initial considerations for livestock producers

In recent years, consumers have expressed a growing interest in knowing where their food comes from and in sourcing that food directly from the producer. This style of marketing – popularly coined “farm-to-table” or…more

Agricultural Sector, Cattle, Farms, Food Manufacturers, Food Supply

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FAA grants National Business Aviation Association extension of Small Aircraft Exemption

On March 31, 2020, the FAA granted the National Business Aviation Association a two-year extension of FAA Exemption No. 7897. The NBAA Small Aircraft Exemption permits NBAA member operators of small aircraft to utilize the cost…more

Aircraft, Aviation Industry, Exemptions, Federal Aviation Administration (FAA), Subpart F

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Taking breaks are now an even better idea

On September 1, 2021, the Occupational Safety and Health Administration (OSHA) released a memorandum establishing a new enforcement initiative to prevent and protect employees from heat-related severe illnesses and deaths while…more

Employer Liability Issues, Heat Exposure, OSHA, Regulatory Agenda, Workplace Hazards

See all updates »

For the wages of sin is ... $145,000?

A California employer recently learned the hard way that a competent legal strategy for defending against a Fair Labor Standards Act (FLSA) claim shouldn’t include hiring a supposed priest to dupe employees. And, yes, that is…more

California, Civil Monetary Penalty, Department of Labor (DOL), Fair Labor Standards Act (FLSA), Over-Time

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Patent application filing basics

In preparing a patent application, one of the basic questions to be addressed is the type of application to file. Applicants are faced with the choice of filing a non-provisional application, a provisional application or a…more

Patent Applications, Patent Cooperation Treaty, Patent Examinations, Patents, Provisional Applications

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SEC cracks down on private fund side letters

The side letter has been a particularly effective tool in the private fund industry, with funds and investors entering into strategic arrangements to provide more favorable terms than those given to other investors in standard…more

Consent, Disclosure Requirements, Investors, New Rules, Private Funds

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New Texas law prohibits COVID-19 vaccine mandates by private employers

Texas Governor Greg Abbott’s latest push against vaccine mandates takes form in a new law now in force in the Lone Star State. Senate Bill 7 prohibits private employers from adopting or enforcing certain COVID-19 vaccine…more

Coronavirus/COVID-19, Employer Liability Issues, Employer Mandates, Exceptions, Governor Abbott

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Franchising cannabis businesses

Since the adoption of state legal medical marijuana in Oklahoma in 2018, commercial licenses in the industry have proliferated. Many prospective licensees lack the relevant cannabis experience to fully develop their business…more

Cannabis-Related Businesses (CRBs), Federal Trade Commission (FTC), Franchise Fees, Franchises, Franchisors

See all updates »

Double tax benefit: Expenses paid with PPP funds now tax-deductible

After months of uncertainty, there is now clear congressional and IRS guidance regarding the deductibility of business expenses for small businesses that have portions of a covered loan forgiven pursuant to the Paycheck…more

Business Expenses, Business Taxes, CARES Act, Coronavirus/COVID-19, IRS

See all updates »

IRS releases second tranche of proposed Opportunity Zone regulations

On April 17, 2019, the IRS released the second set of proposed regulations (REG-120186-18) which include guidance on a number of issues that the McAfee & Taft Economic Development, Tax Credits and Business Incentives attorneys…more

Capital Gains, Community Development, Economic Development, Investment Funds, Investors

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Attorney fee awards in Oklahoma: More than just a number

Whether you’re considering a move for—or defending against—an attorney fee award, it’s crucial to be aware of the Oklahoma Supreme Court’s recent decision in Fleig v. Landmark Constr. Grp., 2024 OK 25. In Fleig, the Supreme…more

Attorney's Fees, Bonuses, Certiorari, Compensation, Fee Awards

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SCOTUS rules Lanham Act does not have extraterritorial reach

In the United States, trademarks are governed on the federal level by the Lanham Act (also known as the Trademark Act of 1946), which was enacted on July 5, 1946, and is codified at 15 U.S.C. § 1051 et seq. The Lanham Act…more

Abitron Austria GmbH v Hetronic International Inc, Extraterritoriality Rules, Foreign Jurisdictions, Foreign Sales, Intellectual Property Protection

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The importance of clearing a trademark prior to use

For companies, new and old, the protection and development of company trademarks involve a significant investment of time and resources. The process can become complicated and expensive if a company mistakenly chooses to use a…more

Intellectual Property Protection, Trademark Application, Trademark Registration, Trademarks, USPTO

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Retaliation: The most successful discrimination claim

A claim of retaliation can be successful even when the original claim of discrimination based on race, color, sex, religion, national origin, age, disability, or genetic information fails to establish a violation of law.   The…more

Anti-Discrimination Policies, Disability Discrimination, Employment Discrimination, Equal Employment Opportunity Commission (EEOC), Investigations

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Appeals court rules contractual jury trial waiver unenforceable

Earlier this month, the Oklahoma Court of Civil Appeals issued a decision that threatens the enforceability of contractual provisions waiving the right to a jury trial. In Home Vest Capital, LLC v. Retirement Application…more

Amicus Briefs, Appeals, Arbitration Agreements, Constitutional Challenges, Contract Terms

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SBA loans and related relief under the CARES Act

Paycheck Protection Program - These loans are going to be made by banks, credit unions and some other lenders, guaranteed 100% by the SBA. - Eligible borrowers are any business concern, nonprofit, veterans organization…more

CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Loan Forgiveness, Paycheck Protection Program (PPP)

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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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What to expect (from the Pregnant Workers Fairness Act) when you’re expecting

Since 1978, Title VII of the Civil Rights Act, as amended by the Pregnancy Discrimination Act, has prohibited discrimination on the basis of pregnancy, childbirth and related medical conditions.  However, for 45 years, the…more

Breastfeeding, Civil Rights Act, Employee Rights, Employees, Employer Liability Issues

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Canary in the coal mine doing fine, thank you

When I started practicing law, getting financial reporting was pretty simple: You just grabbed the firm’s copy of the Wall Street Journal. Today, we’re bombarded from all sides by conflicting information. It’s going to be a soft…more

Bankruptcy Code, Bankruptcy Court, Chapter 7, Commercial Bankruptcy, Corporate Restructuring

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Patentability and the experimental use exception

The basics - The U.S. Patent Act precludes the granting of a patent if the claimed invention was in public use, on sale or otherwise available to the public more than one year prior to the effective filing date of the…more

Experimental Use Exception, Intellectual Property Protection, Patent Act, Patent Applications, Patent-Eligible Subject Matter

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Double tax benefit: Expenses paid with PPP funds now tax-deductible

After months of uncertainty, there is now clear congressional and IRS guidance regarding the deductibility of business expenses for small businesses that have portions of a covered loan forgiven pursuant to the Paycheck…more

Business Expenses, Business Taxes, CARES Act, Coronavirus/COVID-19, IRS

See all updates »

Corporate Transparency Act now in effect: What businesses need to know

Background and Summary - A new federal law, the Corporate Transparency Act (CTA), went into effect on January 1, 2024.  The CTA requires that most entities file Beneficial Ownership Information Reports (BOI Reports) with the…more

Beneficial Owner, Broker-Dealer, Corporate Transparency Act, FinCEN, Penalties

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SEC adopts new cybersecurity rules for public companies

The Securities and Exchange Commission (SEC) finalized cybersecurity rules this week for public companies centered on disclosure requirements for material cybersecurity incidents, as well as periodic reporting regarding…more

Cybersecurity, Data Privacy, Data Protection, Data Security, Disclosure Requirements

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IRS temporarily accepting scanned signatures and allowing e-mail transmission for certain documents

The Internal Revenue Service has traditionally accepted certain taxpayer documents only when the taxpayer delivers an originally-signed copy of the document to the IRS. Now, in an internal memorandum dated March 27, 2020, the…more

E-Filing, Filing Requirements, Income Taxes, IRS, Tax Planning

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SEC adopts new cybersecurity rules for public companies

The Securities and Exchange Commission (SEC) finalized cybersecurity rules this week for public companies centered on disclosure requirements for material cybersecurity incidents, as well as periodic reporting regarding…more

Cybersecurity, Data Privacy, Data Protection, Data Security, Disclosure Requirements

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Application period for Oklahoma Business Relief Program funds opens June 29

Last week, Oklahoma Governor Stitt announced the creation of the Oklahoma Business Relief Program to support businesses impacted by the coronavirus pandemic. The program utilizes $50 million in funds set aside from the federal…more

Applications, CARES Act, Coronavirus/COVID-19, Federal Funding, Financial Institutions

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Franchising cannabis businesses

Since the adoption of state legal medical marijuana in Oklahoma in 2018, commercial licenses in the industry have proliferated. Many prospective licensees lack the relevant cannabis experience to fully develop their business…more

Cannabis-Related Businesses (CRBs), Federal Trade Commission (FTC), Franchise Fees, Franchises, Franchisors

See all updates »

Taking breaks are now an even better idea

On September 1, 2021, the Occupational Safety and Health Administration (OSHA) released a memorandum establishing a new enforcement initiative to prevent and protect employees from heat-related severe illnesses and deaths while…more

Employer Liability Issues, Heat Exposure, OSHA, Regulatory Agenda, Workplace Hazards

See all updates »

UPDATE: OHCA issues revised OKSHINE emergency rules

In our recent McAfee & Taft Healthcare Industry Alert titled “July 1 deadline looms for healthcare provider compliance with OKSHINE,” we reported that the Oklahoma Health Care Authority’s proposed Oklahoma State Health…more

Exemptions, Governor Stitt, Health Care Providers, Health Information Technologies, Proposed Regulation

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U.S. Department of Labor announces relief period for FFCRA compliance

The Families First Coronavirus Response Act (FFCRA) requiring certain employers to provide paid sick and family leave to employees facing the effects of the coronavirus went into effect on March 18, 2020. On March 25, 2020, the…more

Coronavirus/COVID-19, Department of Labor (DOL), Employer Liability Issues, Enforcement Actions, Families First Coronavirus Response Act (FFCRA)

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No good deed goes unpunished: Avoiding FLSA pitfalls surrounding holiday pay

The end of the year often brings a bevy of holiday compensation: bonuses, paid days off, and higher rates of pay. However, it is critical for employers to keep the Fair Labor Standards Act in mind when doling out these benefits…more

Bonuses, Compensation, Fair Labor Standards Act (FLSA), Holiday Pay, Underpayment

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Beware of ‘free’ copyright licenses

Copyright law provides certain exclusive rights to persons who create original works of authorship, including literary, dramatic, musical and other works. Copyright law specifically protects works of art, music, photographs,…more

Cease and Desist Orders, Copyright, Copyright Infringement, Creative Commons License, IP License

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The world’s greatest customer

Four questions every business leader should consider: Am I maximizing my customer base? Am I contracting with a reliable and well-funded customer? Am I selling to the world’s greatest customer? And lastly, if any of the answers…more

Federal Contractors, Mentor-Protege Program, SBA, Small Business

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When religion and DEI training collide

Since the U.S. Supreme Court’s ruling in Bostock v. Clayton County, which clarified that Title VII’s protections against discrimination “based on … sex” included sexual orientation and gender identity, an increasing area of…more

Bostock v Clayton County Georgia, Diversity and Inclusion Standards (D&I), Equal Employment Opportunity Commission (EEOC), Gender Identity, Groff v DeJoy

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Initiative petition to increase Oklahoma’s minimum wage faces legal challenge

On October 27, 2023, two individuals represented by attorney Melanie Wilson Rughani of the Oklahoma-based law firm of Crowe & Dunlevy filed Initiative Petition No. 446, which proposes a dramatic increase in Oklahoma’s minimum…more

Minimum Wage, Payroll Expenses, Wage and Hour

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Is my employee common law married?

Oklahoma remains one of about only a dozen states that recognize common law marriages. Despite the Legislature’s sporadic attempts to effectively abolish such marriages, the Oklahoma Supreme Court has recently determined in the…more

Common Law Marriage, Domestic Partnership, Employee Benefits, Marriage, Spouses

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Lawsuit alleges J&J health plan fiduciaries mismanaged prescription drug benefits

A lawsuit filed on February 5, 2024, against Johnson and Johnson and its health plan fiduciaries is a good reminder that the fiduciary duties that exist under the Employee Retirement Income Security Act of 1974 (ERISA) do not…more

Class Action, Employee Retirement Income Security Act (ERISA), Fiduciary, Health Plan Sponsors, Johnson & Johnson

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New law, SBA rule make substantial changes to PPP loan forgiveness

On May 22, 2020, the SBA released its Interim Final Rule on Paycheck Protection Program Loan Forgiveness (“IFR”). On June 5, 2020, the President signed the “Paycheck Protection Program Flexibility Act of 2020.” Both made…more

CARES Act, Coronavirus/COVID-19, Employee Retention, Loan Forgiveness, New Legislation

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Coming November 1: New land ownership law to impact every deed filed in Oklahoma

An important new statute in Oklahoma is set to go into effect next week, and while it has received only a little bit of attention thus far, it will affect every single deed filed in Oklahoma on and after November 1, 2023. Here’s…more

Deeds, Indirect Ownership, Land Owners, Marijuana Cultivation, New Legislation

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After pendulum swings, Title IX saga continues

On May 17, 2021, the U.S. Department of Education’s Office for Civil Rights (OCR) announced that they will be hosting public hearings on the Title IX final rule issued a little over one year ago and which went into effect on…more

Anti-Discrimination Policies, Biden Administration, Department of Education, Educational Institutions, Final Rules

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Oklahoma’s Parental Choice Tax Credit

Earlier this year, the Oklahoma Legislature created the Oklahoma Parental Choice Tax Credit Program. It provides a refundable income tax credit beginning with tax year 2024 for Oklahoma taxpayers who incur expenses for a student…more

Child Tax Credit, Income Taxes, IRS, New Legislation, Tax Credits

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FAA Registry Update: Access to ancillary documents restricted to only Federal employees and contractors

The FAA Aircraft Registry recently announced, effective immediately, it is “restricting access to ancillary documents to only Federal employees and Federal contractors. Permit holders’ electronic access to ancillary documents…more

Cybersecurity, Data Privacy, Federal Aviation Administration (FAA), Federal Employees, Personally Identifiable Information

See all updates »

Navigating Oklahoma’s anti-SLAPP law

In the landscape of Oklahoma’s business litigation, the Oklahoma Citizens Participation Act (OCPA) stands as a critical yet often lesser-known tool. Designed to combat frivolous lawsuits that chill First Amendment rights, the…more

Anti-SLAPP, Attorney's Fees, First Amendment, Sanctions

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Bitcoin ETFs and workplace retirement plans: DOL has ‘serious concerns’

The U.S. Securities and Exchange Commission (SEC) recently approved applications from large investment firms to offer spot bitcoin exchange-traded funds (ETFs). Retail investors can now buy bitcoin ETFs on traditional exchanges…more

Benefit Plan Sponsors, Bitcoin, Cryptocurrency, Department of Labor (DOL), Employee Benefits

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CMS releases vaccination requirements for covered providers as compliance deadline quickly approaches

On November 4, 2021, the Centers for Medicare and Medicaid Services (CMS) released an Interim Final Rule (the “CMS Rule”) that requires certain Medicare- and Medicaid-certified providers and suppliers to ensure that their staff…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Employer Mandates, Health and Safety, Health Care Providers

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Despite violating numerous workplace behavior policies, flight attendant wins initial day in court

A recent jury verdict against Southwest Airlines and Transport Workers Union of America, Local 556 is an interesting study in the tension between an employer’s right to police an employee’s statements on social media and the…more

Employer Liability Issues, Employment Discrimination, Employment Litigation, Employment Policies, Hiring & Firing

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Beware: Caller ID spoofing the latest scam targeting trademark owners

In a February 2, 2023, article titled “USPTO warns of new spoofing scam targeting trademark owners,” we warned you about a spoofing tactic where scammers were calling trademark owners using “spoofing” to hide their true…more

Personal Information, Risk Management, Scams, Spoofing, Trademark Ownership

See all updates »

Defined contribution plan restatement period begins

The IRS has recently issued to document vendors opinion letter approvals for updated pre-approved defined contribution plan documents. This starts the next cycle of required defined contribution plan document restatements. If…more

401k, Benefit Plan Sponsors, Defined Contribution Plans, ESOP, IRS

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Paycheck Protection Program eligibility issues for healthcare providers

Healthcare providers are encountering a number of issues in determining whether or not they qualify for the SBA Paycheck Protection Program. Some of the issues include the following: Public hospitals - In its Interim…more

Affiliates, CARES Act, Coronavirus/COVID-19, Federal Loans, Health Care Providers

See all updates »

Artificial intelligence and the rise of the regulators

As we prepare for the rise of the machines and Skynet’s inevitable takeover of the world, this past week highlighted perhaps a more troubling trend for companies to navigate in the coming months and years—the rise of regulatory…more

Artificial Intelligence, California Privacy Protection Agency (CPPA), Compliance, Cybersecurity, Department of Justice (DOJ)

See all updates »

Outsiders to be allowed in workplace for OSHA inspections

When the Occupational Health and Safety Administration (OSHA) decides to conduct an inspection of a workplace, the “walkaround rule” regulation currently permits employees to designate a representative to accompany the inspector…more

OSHA, Safety Inspections, Third-Party, Union Representatives, Workplace Investigations

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Court: Disabled or not, worker must be able to perform essential job functions

The federal appeals court that covers Oklahoma recently ruled in favor of Walmart in a lawsuit filed by a disabled former employee. Disabled maintenance employee terminated after refusing to clean restrooms - Simone Mielnicki…more

Americans with Disabilities Act (ADA), Appeals, Disability Discrimination, Former Employee, Former Employer

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Pay equity issues can arise in multiple ways for employers

Pay equity for women remains an issue for many employers. Among those championing gender pay equity is Megan Rapinoe, the American soccer star who is set to retire from professional play at the end of National Women’s Soccer…more

Civil Rights Act, Equal Pay Act, Fair Labor Standards Act (FLSA), Gender-Based Pay Discrimination, Pay Equity Laws

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For patent protection, "it's never too late" does not apply

A recurring decision facing many businesses is how to best protect the technology it creates. One can always try to keep technology “secret,” but that is often not possible, particularly with methods or devices that will be…more

Intellectual Property Litigation, Intellectual Property Protection, On-Sale Bar, Patent Applications, Patent Litigation

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Healthcare professional licensure requirements modified to respond to COVID-19 pandemic

In response to the national emergency caused by the COVID-19 pandemic, government agencies are quickly modifying the licensure requirements for physicians and other healthcare professionals. On a national level, the Centers…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Health Care Providers, Licensing Rules, Out-of-State Employees

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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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Unpacking possible change to marijuana classification

You may have heard that the federal government may downgrade marijuana from a “Schedule I” to “Schedule III” drug, but do you know the implications of such a change? In October 2022, President Biden issued an executive order…more

Classification, Controlled Substances, Controlled Substances Act, DEA, Department of Health and Human Services (HHS)

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Setting the record straight on “free speech” rights in the workplace

Freedom of Speech. Most Americans seem to agree it is the most fundamental of rights guaranteed under the Bill of Rights, and many are quick to cite their First Amendment protections whenever faced with unpleasant consequences…more

Employee Rights, Employment Policies, First Amendment, Free Speech, NLRA

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Alcoholic employee must meet employer’s performance standards

A recent federal court decision notes that disabled employees or employees with substance abuse problems must nonetheless comply with an employer’s policies and meet reasonable performance standards. Stephen Drizos, a long-term…more

Disability Discrimination, Employment Policies, Family and Medical Leave Act (FMLA), Performance Standards, Retaliation

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Gavel to Gavel: Hiring a lawyer? Do it right the first time

As a trial lawyer whose practice encompasses a broad range of complex business disputes — from business breakups and contract disputes to trust and estate litigation and lawsuits over real estate — my work is varied, as are the…more

Contract Drafting, Document Productions, Hiring & Firing, Law Firm Associates, Law Firm Partners

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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, Department of Justice (DOJ), False Claims Act (FCA), Healthcare Fraud

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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

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DOL proposes new $55k salary threshold for overtime exemptions

Over the course of the past seven years, the U.S. Department of Labor has made repeated attempts to increase the number of exempt American employees who are eligible for overtime under the Fair Labor Standards Act (FLSA) – some…more

Compensation, Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Highly Compensated Employees

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Robocalling is dangerous business

“We’ve been trying to reach you about your extended car warranty.” Click - Robocalls are such a nuisance. Everyone gets robocalls. Everyone hates robocalls. No matter what you do — ignore the calls, ask to be taken off the…more

ATDS, Auto-Dialed Calls, Robocalling, TCPA, Telemarketing

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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

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Artificial intelligence and the rise of the regulators

As we prepare for the rise of the machines and Skynet’s inevitable takeover of the world, this past week highlighted perhaps a more troubling trend for companies to navigate in the coming months and years—the rise of regulatory…more

Artificial Intelligence, California Privacy Protection Agency (CPPA), Compliance, Cybersecurity, Department of Justice (DOJ)

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, Equal Employment Opportunity Commission (EEOC), Hiring & Firing, Performance Reviews, Race Discrimination

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Stuff happens, so get your contract in writing - Gavel to Gavel

...More often than not, people come through our door seeking assistance on a contract dispute that, in all actuality, should never have been one. Relationships break down. A third party gets involved. Business dealings go belly…more

Contract Disputes, Contract Drafting, Contract Negotiations, Contract Terms, Written Agreements

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Watch out for the Creative Commons catch

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and companies and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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