PRSRT STD US POSTAGE PAID PERMIT# 59

OKLA CITY OK

Page 5 Page Page 4 Page

GILLILAND, JR. GILLILAND, DOING?

ROBERT H. “GILLY” “GILLY” H. ROBERT ECONOMY ECONOMY

3 ...... Roscoe Stump

IS

IN MEMORIAM: MEMORIAM: IN THE THE HOW 7 ...... Observer Bar 2 ...... President the From

Inside

See JUDGE, page 8 page JUDGE, . Staff Court Health Mental his with poses Walke Geary Judge Special

during the next pandemic. pandemic. next the during

reorganizing my garage and should complete the chore chore the complete should and garage my reorganizing

Corporate office in June), which has been a treat. I began began I treat. a been has which June), in office Corporate

school sweetheart and who retired from Hobby Lobby Lobby Hobby from retired who and sweetheart school

reacquainted with my wife, Barbara (who was my high high my was (who Barbara wife, my with reacquainted

probably the smartest girls in the entire world. I’m getting getting I’m world. entire the in girls smartest the probably

am enjoying my granddaughters who are talented and and talented are who granddaughters my enjoying am

(not just perusing the photos). I I photos). the perusing just (not Geographic National

. I actually read all the articles in each each in articles the all read actually I . Theory Bang Big

The The of season every of episode every for dialogue the all

couch potato training than anyone needs. I memorized memorized I needs. anyone than training potato couch

stant reading, purely for enjoyment, and more relaxation/ more and enjoyment, for purely reading, stant

- con in resulted isolation social Forced retire. to time great

The Frightful Coronavirus Pandemic of 2020 was a a was 2020 of Pandemic Coronavirus Frightful The

On Retirement: On

special judge of the Oklahoma County District Court: District County Oklahoma the of judge special

Draw near for the Hon. Geary Walke, late late Walke, Geary Hon. the for near Draw Oyez! Oyez,

Oyez, Oyez, career. his regarding missives and observations for

I have successfully tracked down the elusive retired jurist jurist retired elusive the down tracked successfully have I

brought to his court. Now that a few months have passed, passed, have months few a that Now court. his to brought

for two years and observed the passion and dignity he he dignity and passion the observed and years two for

I had the fortune of being practicing before His Honor Honor His before practicing being of fortune the had I

desired to sing his accolades and years of devoted service. service. devoted of years and accolades his sing to desired

great fanfare or pomp. His request. Those that knew him him knew that Those request. His pomp. or fanfare great

the bench. The Judge departed the courthouse without without courthouse the departed Judge The bench. the

undertaken with grace and poise; just like his tenure on on tenure his like just poise; and grace with undertaken

However the departure of the Hon. Geary Walke was was Walke Geary Hon. the of departure the However

Such decisions are deeply personal and often sensitive. sensitive. often and personal deeply are decisions Such

ject of asking a judge about his taking leave of the bench? bench? the of leave taking his about judge a asking of ject

- sub sensitive sometimes the approach one does How

By Jeffery W. Massey, Asst. Dist. Atty Dist. Asst. Massey, W. Jeffery By

Judge”

“Special “Special

Special Special

A Very Very A

3 No. 54, Vol. 2021 March, OKLAHOMA the of Publication A ASSOCIATION BAR COUNTY WWW.OKCBAR.ORG 2 BRIEFCASE • March 2021 From the President BRIEFCASE February 2021

Briefcase is a monthly publication of the Oklahoma County Bar Association 119 North Robinson Ave. Oklahoma City, OK 73102 (405) 236-8421

Briefcase Committee Ryan Dean, J. Renley Dennis, Ben Grubb, Justin Hiersche, Jeff Massey, Katherine Mazaheri, Trais Pickens, Kyle Prince, Miles Pringle, Austin Reams, Rex Travis, & Judge Allen Welch Editor Benjamin Grubb Contributing Editors Michael Brewer Richard Goralewicz Katherine Mazaheri

Oklahoma County Bar Association

OFFICERS: DanRoss via depositphotos.com President Judge Don Andrews President-Elect Shanda McKenney Vice President Cody J. Cooper Past President Michael W. Brewer Treasurer Robert D. Nelon THE LION AND THE LAMB Bar Counsel Coree Stevenson Hon. Don Andrews STAFF: President, OCBA Springtime here is obviously most Executive Director Debbie Gorden intriguing—does it get any better Legal Placement Director Pam Bennett What is up with the weather these past few Membership Services Connie Resar months? In October of last year, we had a bizarre than viewing tornadoes (from afar) early ice storm that left many of us without elec- Journal Record Publishing Co. Inc. tricity for more than a week, along with a week’s in Tornado Alley!? Thankfully, we Special Projects Designer worth of clean-up from damaged trees that are older than all of us. Then in February of this year, will transition from the hellish winter For advertising information, we got smacked by back-to-back weather systems that merged with call 278-2830. a Canadian jet stream to provide us with double-digit inches of snow- we’ve had to a more “typical” spring fall and record-breaking frigid temperatures for several consecutive Postmaster: Send address changes to OCBA days. If you did not experience a burst pipe, then consider yourself experience. I cannot wait. Briefcase, 119 North Robinson Ave., Oklahoma lucky. City, Oklahoma 73102. My closest friends know that I am somewhat of a weather-geek. Living in Oklahoma my entire life helped contribute to this fascina- grip, providing more brutal cold, wind and snow, especially in the Journal Record Publishing produces the Briefcase tion with weather. Springtime here is obviously most intriguing— first days of the month. But as the transitional month moves along, it for the Oklahoma County Bar Association, which is solely responsible for its content. does it get any better than viewing tornadoes (from afar) in Tornado often leads to glimpses of spring’s beauty and warmth. © 2021 Oklahoma County Bar Association Alley!? Thankfully, we will transition from the hellish winter we’ve It did not take long for the early American colonists to realize that had to a more “typical” spring experience. I cannot wait. the New World’s weather pattern was much like their native lands Have you ever heard of the saying, “March comes in like a Lion, across England and surrounding countries, where extreme weather and goes out like a Lamb”? The well-known proverb means that shifts could profoundly affect their livelihoods from week-to-week. March is a month in which you can experience a lion’s fierce roar The Northern Hemisphere shares the same jet stream that provides of frigid cold, the teeth of biting winds, and then gentle warmth with swings in weather in America just like it does across Europe. sunshine like the fleece of a docile newborn lamb. Some may be familiar with a reverse version of the proverb: While the saying likely started as a reference to astronomy, refer- “March comes in like a lamb and goes out like a lion.” This reversal OKLAHOMA COUNTY BAR encing the position of the constellations Leo (a lion) and Aries (a ram makes sense if you consider those who traveled westward with the ASSOCIATION or lamb) in the night sky, it evolved into a summation of March’s American expansion to Western states. These western states can have MISSION STATEMENT changing weather as the seasons change from winter to spring in the incredible temperature swings in March as the polar jet stream moves Volunteer lawyers and judges dedicated Northern Hemisphere. I’m not a stargazer, but I am informed that the from its preferred position near Canada over the winter to a more to serving the judicial system, their profes- constellation Leo rises in the east to start March and ends the month southerly route during the spring. This tends to cause many states in sion, and their community in order to foster with the constellation Aries setting in the west. the Western United States to experience some of their heavier snow- the highest ideals of the legal profession, to This proverb for the month of March can be traced back to Thomas falls from the end of March and into April; thus, the lion (and the better the quality of life in Oklahoma County, Fuller’s 1732 Compendium, “Gnomologia; Adagies and Proverbs; harsh weather it represents) comes at the end of the month. and to promote justice for all. Wise Sentences and Witty Sayings, Ancient and Modern, Foreign If you have read to this point in the column, then you now know and British.” Fuller compiled numerous proverbs and studied weath- how much of a weather-geek I am. As such, I contemplate as the er lore across many countries through the late 1600s and early 1700s. month of March continues, will it be like the ‘Luck of the Irish’ or Weather folklore has often helped people prepare for anticipated will it be like the ‘Ides of March’ (which commemorates the assig- weather conditions, oftentimes in reference to planting and harvest- nation of Julius Caesar)? Either way, the spring cannot get hear soon ing crops. In the United States, the month of March is still in winter’s enough, so the weather-geeks can experience some normalcy.

Quote of the MONTH “The Greatest Menace to Freedom is an Inert People.” - Louis D. Brandeis www.okcbar.org • March 2021 • BRIEFCASE 3 Stump Roscoe

By ROSCOE X. POUND a bank robbery, but once someone starts to act in a way that they’re fleeing from the Dear Roscoe: Do canine officers have police, that starts to heighten reasonable TIMELESS respondeat superior or vicarious liability for police awareness that there’s something the actions of their police dogs? DBS, OKC. else going on than just someone who just Dear DBS: OK, there may be legal lin- doesn’t want to stop. DESIGNS AND guists out there who think the question, as You’re question reminds me of some- phrased, has to do with high-ranking police thing that occurred in Edmond, OK back in ALL-DAY dogs having supervisory duties over their the “aughts” which made its way into the less-senior colleagues, or collies as the case news even back here. It seems a couple of COMFORT FROM may be. Having better things to do, let me Edmond officers flushed out a suspect by go directly to the heart of your question as claiming they had a police dog (which the OUR ALDEN I see it. didn’t) and then barked and growled until In my opinion, the general rule has been he came out of hiding. My question at the stated in Mendoza v. Block, 27 F.3d 1357 time was: If this was done by civilians could CASUALS (9th Cir. 1994), where the Ninth Circuit they have been charged with impersonating affirmed the dismissal on qualified immuni- an officer? TEENA HICKS COMPANY ty grounds of a § 1983 claim by Mendoza, OKLAHOMA TOWER 210 PARK AVENUE, SUITE 220 who was severely bitten by a police dog Dear Roscoe: What’s the longest sentence OKLAHOMA CITY, OK 73102 while trying to evade arrest for bank robbery ever contained in a legal brief or opinion? (405) 235-4800 by hiding for several hours in bushes on GGM, OKC, OK private property. Id. at 1358. Deputies used Dear GGM: Wow, that’s a hard one. the dog to find and pull Mendoza out of the I checked this one over to young Chips denied pedestrians a ready look inside. I actually focused on something beyond. bushes. Id.at 1359. The deputies ordered who hangs about here almost as much as really doubt many chance visitors came He looked about my age, black hair shot Mendoza to “stop struggling and place his I do. He tells me of a U.S. decision, Mittal in. From somewhere in the ceiling, a through with veins of silver. He wore an hands behind his back for handcuffing.” Id. Steel Point Lisas Ltd.v. United States, No. jaunty rendition of The Rakes of Mallow open vicuna coat over non-descript jeans Mendoza resisted and “swung an arm at one 02-0076 (C.I.T. Mar. 29, 2010), which con- suitable for dancing a polka filled the air. and a T-shirt, and work boots spattered with of the deputies.” Id. We held that the law sists of one sentence. One 538 word sen- The bar itself had aged well, polished dark what I hoped was paint. was clearly established that the use of the tence. He also tells me of an 18th Century wood to match the chairs and booths, and “You’d be Roscoe X. Pound,” he said, police dog was subject to excessive force espionage trial of one Francis Henry De la all immaculate. Seemed almost a shame placing emphasis on the middle initial. analysis but that the deputies’ use of the Motte. The court’s decision included a 3098 to serve drinks or food on. The place “And you’d be Paddy Hughes,” I returned police dog to find the suspect and to “secure word sentence. And that was just the first boasted an assortment of Irish-American amicably. him until he stopped struggling and was sentence. I would be doing a disservice to icons including JFK, Ed Sullivan, Jack “Well, Mr. Pound, I’m not in current handcuffed” was objectively reasonable. Id. the Oklahoma County Bar Association if I Dempsey, even a drawing of Pat Patton, need of auto parts nor fishing gear, and I’ve at 1362–63. failed to make clear that this information the chief in the Dick Tracy comic strip. never had a need for bail bondsmen on any In finding the deputies’ conduct -objec is presented as a curiosity. It should not be Of course, cinema found representation account, so why are you here?” tively reasonable, the Mendoza court rea- taken as a challenge to top this by any law- in stills from The Quiet Man, Ryan’s “Could be I heard the colcannon here soned that: (1) Mendoza did not surrender yer or jurist. Daughter and the great but underappre- was unbelievable.” when warned that he would be bitten; ***** ciated The Field starring Richard Harris. “You should try the poached scallops too. (2) he was fleeing arrest for a felony; It was a beautiful spring day in the A shadowbox contained a picture of John Jimmy, please take Mr. Pound’s order back (3) the deputies believed Mendoza was neighborhood. Some might find that -sur Paul II with a note that said Sinead to the kitchen. He’s our guest. And take armed based on radio broadcasts from prising since they called the neighborhood O’Conner once occupied that spot but they some fresh soda bread with you when you headquarters; and (4) the deputies could Hell’s Kitchen. As a kid, we’d go visit had to ask her to leave. leave Mr. Pound.” have reasonably believed Mendoza posed Uncle Steve who lived over towards the I could hear someone shooting pool in “Thank you,” I said. “Now shall we get a danger to the property owners as well River. Back then, the place lived up to its a back room, but the real action centered down to cases?” as the deputies because he was hiding name, and someone always seemed cook- around one booth. Two crew cut bruisers “Let’s,” he said, leaning in closer. “Why on private property. Mendoza, 27 F.3d at ing up trouble somewhere. The Kitchen coming in somewhere between linebackers do you insist on making life difficult for 1362–63. So if, for example, a suspect does had undergone a couple of surges of gen- and sumo wrestlers intercepted me on my my nephew Barry and my godson Anthony. not surrender when warned many times that trification since then resulting in a more way over. One of them twirled a finger the And why come to me. Why not go to he would be bitten by a police dog after he diverse population and way more curb size of a kielbasa for me to turn around for Frankie Basile?” failed to obey numerous orders to exit his appeal. But in a way, that was sort of like a frisk. I had no problem with that, but low “I did,” I replied. “He said I should go to car and resisted their use of lesser force to painting over black mold-you didn’t see it, voice, fighting its way through years-worth you, as well as other less savory places.” take him into custody the officer may carry but it remained dangerous and occasionally of layers of whiskey and nicotine barked: I think that, for a moment, I saw the through on his threat. The inquiry as this even deadly. “’Course he’s got a gun, you idiots. Let him beginning of a smile tug at the corner of point becomes fact-driven. You may think I walked down Ninth Avenue just past back here.” They moved aside immediately his mouth. It clouded over quickly, though, fleeing from a pursuing officer and taking 39th Street. The Children of Lir, a restau- albeit unwillingly. eclipsed by a dangerous gleam I’d seen on evasive action to avoid a misdemeanor rant and bar, stood in the midst of several The guy holding court in the booth did few others before. Invariably, those others arrest DUI may be less serious than fleeing other ethnic eateries. The dark windows not quite look at me. He appeared to, but planned on killing me.

Volunteer Opportunities

Each month in 2021, we will Scissortail Park Volunteer Horticulture Heroes We need volunteers at our Kids Pavilion, attempt to offer places and sites for Opportunities If you enjoy working outside and with our Boathouse at the Scissortail Lake, our you to find volunteer opportunities. Event Volunteers your hands, volunteering with the horti- gardens, and other locations around the Let us know if you have someone/ Public events at Scissortail Park help culture department could be just the ticket. Park to welcome our community guests and someplace you want to add. create a fun, welcoming, and engaging As a Horticulture Hero volunteer you help share information. space for families, friends, and individuals maintain the landscaping throughout the Boys & Girls Clubs of Oklahoma of all ages and backgrounds. Event vol- Park. There are a variety of things to do, How to Volunteer County are having a real, positive impact unteers can serve in a variety of roles and including weeding beds, planting/removing Please go to https://scissortailpark.gal- on the lives of kids and youth. Providing a responsibilities during the preparation and annuals, cleaning up leaves, and creating axydigital.com/ to sign-up and register. If Club Experience means we meet the youth execution of an event, such as registration, plant exhibits. Our horticulture crew will you are registered on the site, notifications where they are and understand what they set-up, crafts, and games. The diverse type welcome your help. will be sent when new volunteer need to grow and succeed. We empha- and scale of our public events offer a perfect opportunities are posted. size three key outcome areas: Academic opportunity for both individuals and groups Docent Volunteers If you have questions or need help please Success, Good Character and Citizenship, to volunteer for one event or on a regular We are also seeking volunteers to become email [email protected]. and Healthy Lifestyles. basis. Docent Volunteers throughout the Park. A You can also join the Scissortail Park https://www.bgokc.org/join-ou-team docent acts as a guide, typically on a volun- Volunteer Facebook Page for additional /#volunteer tary basis, in a museum, art gallery, or zoo. updates. 4 BRIEFCASE • March 2021 How is the Economy Doing?

By: Miles Pringle

After more than a year living in a pan- demic world, it may be a good time to ask how our economy is doing? On March 5th the Labor Department released its February jobs numbers stating that Nonfarm payrolls increased by 379,000 jobs and the unem- ployment rate was 6.2%.1 Most of the hiring came in the hospitality sector which has been hit particularly hard by the pandemic. For context, “both the unemployment rate, at 6.2 percent, and the number of unem- ployed persons, at 10.0 million, changed little in February. Although both measures are much lower than their April 2020 highs, they remain well above their pre-pandemic levels in February 2020 (3.5 percent and 5.7 million, respectively).”2 Additionally of note is that long-term unemployment stayed static over the month and is up by 3 million from this time last year. On March 3rd the Federal Reserve pub- lished its “Beige Book”, which discuss- SergeyNivens via depositphotos.com es current economic conditions across the 12 Federal Reserve Districts. Its national summary stated that consumer spending The Tenth District of the Federal Reserve driven mostly by real estate (residential and created; however, employment in the sector (approximately 70% of the U.S. economy) based in Kansas City (which covers a differ- commercial). Regarding the residential mar- is still down over the year by 3.5 million, or was mixed and while financial institutions ent territory than the 10th Circuit Court of ket, the report noted a continuing increase 20.4 percent. experienced declines in loan volumes, delin- Appeals, but also includes Oklahoma) sum- in prices, a decrease in inventories, and This puts policy makers in quite a predic- quency rates lowered and deposit levels marized that its “economy expanded slightly expectation for prices to continue to rise as ament. They need to stimulate the economy raised. It further noted that “historically low in January and February, with conditions inventories fall. enough to generate growth for the lowest mortgage interest rates continued to spur strengthening in most sectors.” Contrary to The positive real estate news may be paid employees, but they do not want to robust demand for both new and existing the national survey, Tenth District bankers masking some deeper issues. In a January overheat the already “hot” part of the econ- homes.” reported modest growth in loan demand article, the Oklahoma City Branch of the omy. If done incorrectly, stimulus can turn Federal Reserve Bank of Kansas City noted into inflation and exacerbate these issues. that while many are enjoying lower interest Similarly, if left alone, there could be stag- rates, others are suffering from even greater nation or even a further recession. Again, housing insecurity. 70% of the econo- “Over 35% of those my is consumer in the U.S. and 43% The good news is that spending. If those of Oklahomans sur- in February leisure and consumers can- veyed by the U.S. not spend because OklahomaOklahoma CityCity Census Bureau in hospitality accounted for either they do not (405)(405) 947-5676 947-5676 • •www.warrenproducts.com www.warrenproducts.com late November and have a job, the job LocallyOklahoma owned and operated City since 1983 Locally owned and operated since 1983 early December 355,000 of the 379,000 they have does not (405) 947-5676 • www.warrenproducts.com reported ‘it has been pay enough, or their Locally owned and operated since 1983 somewhat or very jobs created; however, money does not go difficult to pay for employment in the as far, then sustain- usual household able growth cannot expenses during sector is still down over be achieved. the coronavirus The first step, pandemic.’”3 That the year by 3.5 million, of course, is get- means nearly half of ting past this pan- Oklahomans have or 20.4 percent. demic. Until we been struggling to can fully open up make ends meet during this pandemic. safely, some workers will inevitably strug- You may have heard discussions of a gle. Stimulus through programs like the “K” shaped recovery, that is where different Paycheck Protection Program (or “PPP parts of the economy (and society) recov- loans”) have helped stave off some of the er at different rates, times or magnitudes.4 worst-case scenarios. Smartly investing over Why could this be happening? A recent the next 6-12 months is going to be critical Bloomberg article explains that higher paid in moving the economy forward. 8. Certi�ied Commercial Keurig Dealer employees suffered fewer job losses and

recovered faster than other parts of the econ- Endnotes omy. Additionally, “[u]nprecedented stimu- 1. Bureau of Labor Statistics (U.S. Department of Labor), 8. Certi�ied Commercial Keurig Dealer lus from the Federal Reserve kept mortgage “THE EMPLOYMENT SITUATION — FEBRUARY 2021”, Mar. 5, 2021, available at https://www.bls.gov/news. rates low and encouraged investors to buy release/pdf/empsit.pdf equities. America’s richest people have seen 2. Id. 5 3. Wilkerson, Chad, Shupert, Courtney, “Housing: Bright 12. their fortunes balloon.” Conversely, lower Horizon or Cloudy Future?”, Jan. 5, 2021, available at paid employees (typically paid hourly and https://www.kansascityfed.org/oklahomacity/oklahoma- required to work in-person) have lagged in economist/2020q4-ok-housing-bright-horizon-or-cloudy- recovering. For example, the leisure and hos- future/. 4. Chen, James, “K-Shaped Recovery”, Investopedia, Nov. 12. pitality industry, which employs 1 in 9 peo- 11, 2020, available at https://www.investopedia.com/k- ple and pays some of the lowest wages, was shaped-recovery-5080086. paralyzed by the pandemic. The good news 5. Saravia, Catrina, “How a ‘K-Shaped’ Recovery Is Widen- 8. Certi�ied Commercial Keurig Dealer ing U.S. Inequality”, Dec. 9, 2020, available at https://www. is that in February leisure and hospitality bloomberg.com/news/articles/2020-12-10/how-a-k-shaped- accounted for 355,000 of the 379,000 jobs recovery-is-widening-u-s-inequality-quicktake.

12. www.okcbar.org • March 2021 • BRIEFCASE 5

In Memoriam Robert H. “Gilly” Gilliland, Jr.

By: Joe Crosswait prolific trial work to his intense love and support of Gilly has been rightly his family, to his dedication to his Church where he For reasons perhaps best left to a mental health served as a Stephen Minister, a Whiz Kid Tutor and expert to explain, I decided even before law school described as one of the finest on the Vestry, to his Bronze Star decorated service that upon graduation I would open my own practice. to the United States and dedication to our veter- In keeping with the adage “I’d rather be luckier than trial lawyers Oklahoma has ans, and to his government service in the Workers’ smarter”, early in my career I made acquaintance with ever produced and he truly Compensation Commission and as Chair of the and took advantage of a small cadre of consummate Pardon and Parole Board, Gilly modeled profession- professionals to model and from whom to learn as I was a Man for All Seasons. alism, integrity and sincerity with a perfect touch of sought to build a professional life. On my perennial friendly goofiness. His volunteerism and contribu- short list of confreres has always been Bob Gilliland tions to Central Oklahoma Habitat for Humanity of who was affectionately known as “Gilly” by his many Fee Grievance and Ethics Committee of which he which his wife Ann is CEO was tireless. friends and his partners at McAfee & Taft. was Chair. What a wonderful experience for a new His service on the OBA’s Professional I met Gilly one year into my practice in 1975. It lawyer and especially one who is out on his own. Responsibility Tribunal is described as “…always happened that we had both entered the OCBA Tennis Thereafter, despite and perhaps because there was fair, patient, and thorough.” In the early days of Tournament. He and his partner lost in the first round then no Caller ID or Call Blocker, he patiently assist- Oklahoma Lawyers For Children, during a time as did I and my partner whereupon our respective ed me with what must have seemed almost trivial when experienced trial lawyers were in short supply, partners unceremoniously dumped us. Somehow questions from a newbie. There were a few cases he and several attorneys from McAfee & Taft tried he and I teamed up in the consolation bracket and that he joined me in the representation even though many termination of parental rights jury trials. He went on to win it. In Gilly’s words, we came in they were not matters that ordinarily might have remained active in OLFC even after retiring from his “first amongst the losers”. (A perfect example of interested him, but he was willing to help me learn. firm to enter government service. Gilly’s impact was his self-effacing humility). It was in that tournament To be sure, we also joined together in a few matters wide, deep and consequential. and in our celebratory quaff that I first came to know that were enjoyable and challenging. He advised me Thank you Gilly for all you have been to so many. a person who would have a profound impact on my on innumerable matters. Rest in peace. You will be loved and missed by all professional growth just as he did for so many others. Gilly has been rightly described as one of the those fortunate enough to know your good soul. I knew then that I had a lifelong friend. finest trial lawyers Oklahoma has ever produced I encourage all to read the tribute to Gilly on the It was then that he invited me to join the OCBA and he truly was a Man for All Seasons. From his McAfee & Taft website.

OAMIC STILL DOES, WHILE OTHERS STILL WON’T. While other lawyers professional liability insurance providers specifically exclude any legal work provided to clients in the medical cannabis industry, we continue to include coverage – just like we always have.

800.318.7505 | OAMIC.COM 6 BRIEFCASE • March 2021 Nominations Sought For OCBA Awards

The OCBA Awards Committee is seek- OCBA Community Service Award OCBA Outstanding Committee or Association distinguished by stewardship ing nominations for this year’s OCBA Qualifications: Must be member of Section and professionalism reflecting the highest Awards to be given at the 2021 Awards OCBA. Qualification: Must be member of OCBA. values of our legal community. Luncheon. The time and date for this Criteria: For distinguished service Criteria: For superior performance during year’s luncheon has not been set yet due to during the past year to the community the past year by a committee or section. Steven L. Barghols Award for Ethics the pandemic. The following awards and bringing credit to the profession and its (Committee Chair will receive plaque.) Qualification: Must be a member of criteria are listed: members. OCBA. OCBA Briefcase Award Criteria: For outstanding efforts in the OCBA Professional Service Award OCBA Pro Bono Award Qualification: Must be member of OCBA. area of ethics and professionalism to oth- Qualifications: Must be member of Qualifications: Must be member of Criteria: For outstanding contribution ers in the legal field as well as the com- OCBA. OCBA. during the past year to the Briefcase. munity. Criteria: For dedicated service during Criteria: For service during the past year To nominate someone for these awards, the past year to the improvement of the in broadening the availability and deliv- Bobby G. Knapp Bar Leadership Award please limit your nomination to a one-page legal profession and the advancement of ery of legal services to those groups or Qualification: Must be a member of letter indicating the reasons for the nomination its goals, whether by continuing legal edu- individuals whose needs are traditionally OCBA. and mail to: Awards Committee, Oklahoma cation, bar work, or otherwise. underserved or unmet. Criteria: For sustained and effective County Bar Association, 119 N. Robinson, leadership in the Oklahoma County Bar Suite 240, Oklahoma City, OK 73102. Old News Vol. 12, No. 7, March 1980 The President’s Column COOPERATION: IT WORKS Our County Bar Association is not only and the County Bar. In furtherance of evaluation of the applicants. Should the then the applicant will not be appointed the biggest Association in Oklahoma but this goal, I am pleased to report that District Judges question any evaluation Special Judge. was also selected as the 1979 Outstanding our Bench and Bar Committee and our of an applicant by the Bench and Bar This procedure will surely benefit the County Bar Association. By the same District Judges have agreed upon a joint Committee, they may request a re-evalu- litigants, the Attorneys and our Judiciary token, we are truly fortunate to have the procedure for the screening of applicants ation and/or a conference with a designee in the coming years. A spirit of cooper- best Judiciary of any district of our state. for appointment as Special Judges. This of the County Bar to discuss the evalua- ation will continue to be pursued in the One of the purposes of our County Bar provides for the District Judge Committee tion. If the District Judges find that our future. is to continuously work toward a cooper- to submit Special Judge applications County Bar has valid and substantial rea- ative relationship between the Judiciary to the Bench and Bar Committee for son for not recommending an applicant, D.C Thomas More Mediators. More Experience. More Results.

Ted Hugh John Joe Robert Mary Danny Christian Chad Sherwood Robert McCormick Farris Sartin Fitzgerald Williams Tolen Moody

Ted Sherwood 15 W. 6th St. Joe Farris Suite 2800 Mary Fitzgerald ACCORD Tulsa, OK John McCormick 74119 Chad Moody MEDIATION| ARBITRATION Hugh Robert Robert Sartin 918-592-1144 Christian Tolen Danny Williams View calendars & book online at AccordADR.com www.okcbar.org • March 2021 • BRIEFCASE 7

Bar Observer

CROWE & DUNLEVY ADDS CONNER & WINTERS JENNIFER CHRISTIAN, class of 2007. ATTORNEYS, PARALEGAL UNVEILS MODERN LOGO KAYLA KURI JOIN PHILLIPS While in law school, Jennifer was the Attorneys Christopher R. Haunschild AND BRAND PLATFORM MURRAH’S LEGAL TEAM IN Editor-in-Chief for the Oklahoma City and Danielle Hood, along with paralegal Conner & Winters, LLP announced a OKLAHOMA OFFICE University Law Review, a pupil in the Lindsey Brown, have joined Crowe & rebrand to its visual identity that reflects Phillips Murrah is proud to welcome Ruth Bader Ginsberg Inn of Court, a Merit Dunlevy in the firm’s Oklahoma City and its deep dedication to client success and Jennifer K. Christian and Kayla M. Scholar and a member of Phi Delta Phi. Tulsa offices. legal excellence. Kuri to the Firm’s legal team. Her article, “Whistleblower Protection Haunschild is an attorney in the firm’s The re-energized brand platform trans- Jennifer Christian is an Of Counsel Under Sarbanes-Oxley: Key Provisions Oklahoma City office and a member of formed the firm’s old logo from a con- attorney who assists clients in a wide and Recent Case Developments,” was the firm’s Taxation Practice Group. He is a servative and traditional one to a sleek range of transactional matters and litiga- selected for publication in the 2006 edi- graduate of the University of Tulsa College and modern form of the firm’s name by tion involving business law, contractu- tion of the Oklahoma City University of Law and holds an LL.M. in Taxation highlighting and deconstructing the Es. al disputes, real estate, banking, health- Law Review. Jennifer was also a recipient from New York University School of Law. The stacked Es were designed at an angle, care, business divorce, construction, trust of the Dean’s Circle Scholarship and aca- He earned his undergraduate degree in creating a stairstep effect that plays on the administration, insurance coverage and demic achievement awards in the areas Economics from Trinity University. firm’s new tagline: ”A Step Above.” bad faith, and employment-related mat- of civil procedure, corporations, legal Hood, a Tulsa attorney, represents Conner & Winters additionally chose ters. research and writing, evidence, bankrupt- clients in the Aviation & Commercial to incorporate four accent colors into Jennifer’s practice includes help- cy, agency and partnership, comparative Space, Banking & Financial Institutions, its color palette. Magenta will serve as ing clients in understanding business law, and conflicts of law. Corporate & Securities and Real Estate the firm’s primary accent color, with challenges and finding solutions that Kayla Kuri is an Associate attorney Practice Groups. She graduated from the lime green, teal, and purple as addition- coincide with and advance their objec- who represents individuals and both pri- University of Kansas School of Law, where al options for practice groups to use in tives and interests, whether it relates to vately-held and public companies in a she also earned the school’s Business and marketing pieces. The accent colors were business formation or restructuring, risk wide range of commercial and business Commercial Law Certificate. Hood grad- inspired by a Native American piece of management, or litigation. She serves matters, including mergers and acqui- uated magna cum laude from Rockhurst art called “Her Many Horses” crafted as a volunteer for the Oklahoma County sitions, real estate transactions, private University with a Bachelor of Political by artist Dana Tiger; a piece that has Bar Association’s Lawyers for Learning securities offerings, and commercial Science degree. significant meaning to the firm’s Native Committee, and she is a member the financing transactions. Brown is a paralegal in the firm’s Oklahoma American Law group and that is used OBA Client Security Fund Committee Kayla has represented clients across City office and a member of the Intellectual frequently in marketing and new business and Leadership Oklahoma City’s LOYAL many industries in structuring, negotiat- Property Practice Group. With more than materials. Class VIII. ing, and documenting business transac- 15 years of experience in patent and trade- In addition, the firm dropped the amper- A native Oklahoman, Jennifer attend- tions, with an emphasis on merger, acqui- mark matters, she supports attorneys in all sand from the logo design for marketing ed the University of Oklahoma, where sition, and divestiture transactions. Kayla phases of preparation and filing regarding purposes only. It will remain Conner & she received her Bachelor of Arts in counsels public and private companies on complex transactions, intellectual property Winters in all communications. The six Letters with honors in 2003. In 2007, matters related to corporate governance procurement and licensing. She graduated office addresses, phone numbers, website she received her Juris Doctorate, summa and routinely drafts and negotiates a wide magna cum laude with a Bachelor’s degree and social media handles will also remain cum laude, from the Oklahoma City range of commercial contracts. In addi- in Organizational Leadership from Southern the same. University School of Law and was hon- Nazarene University. ored as the Outstanding Graduate for the See BAR OBSERVER, page 10

Digital Forensics Investigations

We can examine computers and mobile devices - Retrieve text messages, call times and images from cellphones - Reports and expert testimony - Determine user activity - Preserve data from iPhones and Android - Investigate web browsing history - Find and preserve iCloud backups

www.avansic.com 8 BRIEFCASE • March 2021

No one knows how to be a judge as it’s all on-the-job training and I believe most of us try to imitate the good parts of all the judges before whom we practiced. I thank them for their unintended judicial education for me and others.

JUDGE Only the judge makes a decision, be it a continued from page 1 ruling on an evidentiary objection or craft- ing a journal entry or order setting forth For the first three months I just perfected the basis and rationale for the decision. We my lollygagging skills. Then I started getting don’t have clerks. We do our own research serious about becoming a rock star. A guitar – despite briefing by lawyers. When two from Santa at Christmas will be handy for opposing lawyers each claim the law is that purpose . . . once I learn which finger 100% on their client’s side at least one of goes where. Who knew there were so many them is generally mistaken. possible notes? I’ve torn up a few golf I was fortunate to get to know many judg- courses and face banishment at one course es on a personal level, both in Oklahoma in particular that found my excavations too County, local municipal courts and courts onerous for their budget. I deer hunted. throughout the state. Socializing with other Chris Box was kind enough to supervise me judges was educational, therapeutic and on one hunt in Nebraska. And, Barb and I beneficial. Just the right insight introduced procured a puppy! If you want control over in conversation sometimes resolved an your life I recommend you not get a puppy. otherwise sticky issue I was dealing with I researched (after the fact) the intelligence at the time. of her species and it turns out our puppy It was a distinct pleasure to work togeth- ranks 128th out of 138 breeds. That’s on the er with so many excellent lawyers at Inns low end, in case you are confused. She’ll be of Court and the Oklahoma County Bar trained to potty outside sometime in 2030. Association. Working on committees for I look forward to living long enough that the County Bar was always rewarding and the pandemic will end and I’ll discover editing the Briefcase was actually fun! what retirement is really like. On Being A Lawyer: On Being A Judge: Steve Coleman was kind enough to I cannot adequately express what an invite me to practice with him when I absolute honor and privilege it was to passed the bar. Throughout 25 years I han- serve as a judge in Oklahoma County dled every type of case from court not of District Court. No one knows how to be record traffic cases to the Supreme Court of a judge as it’s all on-the-job training and I the United States. We had a good team and believe most of us try to imitate the good eventually 5 of our staff members went on parts of all the judges before whom we to become lawyers. In the late 1970s I was practiced. I thank them for their unintend- in partnership with Steve Coleman, Joe ed judicial education for me and others. Crosthwait and John Johnson in a venture It’s a humbling experience to apply the to merge two offices of lawyers via com- law and witness great lawyering every day. puters. After about two years of expensive We have an abundance of quality lawyers efforts the technology improved enough to in the metro area. Being able to watch as make our efforts outdated. That was back they execute strategies for argument, wit- when a computer had the same capabilities ness testimony, exhibit presentation and as a current day Timex watch. trial preparation is as exciting as it is chal- ADA Jeff Massey presents the Eagle Award to Special Judge Geary Walke . I had the privilege of practicing with lenging. For every great lawyer presenting other lawyers, like Judge Allen Welch, their case there can be another great lawyer Bill Molinsky, Frank Walta, Clifford Blair, opposing every move and expecting a fair cases, have incredibly difficult jobs (this ging and sifting through granular details to Steve Ditto, and Steve Briggs. Will I prac- and just ruling for each micro-conflict should include the judges who hear hotly discover the true nature of the big picture. tice law again? Doubtful. as well as a final decision. Jury trials contested guardianship cases heard on Judges on domestic cases who don’t recog- As I conclude this note from retirement, I are stressful for lawyers and much less other floors). The judges are stressed by nize the absolutely critical and time sensi- am presumed to give sage advice to young- stressful for judges although I can think of the lawyers and litigants who are stressed tive nature and importance of adjudicating er lawyers. What is the most important several pro se parties that made jury trials by the emotionally intense nature of the parental disputes are failing the litigants. lesson to be learned while practicing law? way beyond difficult. cases. Families in crisis should not have I spent ten years on these dockets and am It is a simple answer; treat every lawyer The judges of Oklahoma County with their cases delayed (the maxim: justice certain I had my own share of failures for with respect and deference. It’s the case whom I’ve worked have been diligent and delayed is justice denied, is entirely apro- which I apologize. Thank God for appel- that should be contested, not the opposing conscientious. The people of our state are pos). Those judges make decisions that late courts. As Judge Bryan Dixon said, “I counsel. Lawyers in my early days of my well served. are not singular in nature. Domestic cases pray each morning for the wisdom to do practice were always willing to give me are like three-dimensional chess where what is right, and pray each night that I be advice and direction. I learned more law On Trials and Tribulations: every difficult, emotional component of forgiven for the mistakes I made.” through other lawyers than any other way. I’ll take the liberty of saying that while custody and visitation must be integrated Judging is an isolating job requiring Respect and deference are the keys of pro- any judicial role can be very difficult the with every other component of property independence of thought and action free fessional stature.” first floor judges, those who hear domestic and finances and generally requires dig- from politics, partisanship or prejudice. The Honorable Geary Walke

SPECIALIZING IN NATIONWIDE ABRAHAMS SINCE LARGE BONDS BAIL & APPEARANCE 1959 BONDS 405-528-8000 www.okcbar.org • March 2021 • BRIEFCASE 9 10 BRIEFCASE • March 2021

BAR OBSERVER at the United States Senate Committee Claims and Coverage Disputes. Malinda her degree in international business. continued from page 7 on Indian Affairs regarding public safety is a frequent speaker and writer for a She received her law degree from the policies in Indian country, led a presi- number of legal professional organiza- University of Oklahoma College of Law. tion, Kayla also has extensive experience dential task force investigating system- tions. . She has served on the Bench She has extensive experience in commu- representing oil and gas industry clients ic problems within the Indian Health & Bar Committee, Civil Procedure nity association law as well as defense of in drafting and negotiating various indus- Service, and negotiated international Committee and Oklahoma Uniform Jury insurance matters. try-related agreements, including master human rights resolutions at the United Instruction Committee for the Oklahoma Curtis Kaiser joined the Tulsa office services agreements. Nations. Bar Association. Malinda is a past presi- as Of Counsel, bringing with him over While in law school, Kayla was Mr. Shores is a member of the dent, former Board member and recipient 35 years of experience in real estate Assistant Managing Editor of the Oklahoma Bar Association, Indian of the Distinguished Service Award for transactions, real estate title work and Oklahoma Law Review, as well as Law Section, and is admitted to the the Oklahoma Association of Defense community law. During the last 25 years a member of the Dean’s Leadership United States District Courts for the Counsel and has been a longstanding his primary focus has been estate plan- Council and the Ruth Bader Ginsberg Northern, Eastern, and Western Districts member of DRI and CLM. She also ning, probate and community associ- Inn of Court. She received the American of Oklahoma, the United States Court of has been peer selected as an Oklahoma ation law. Curtis has worked closely Jurisprudence Award in business asso- Appeals for the Tenth Circuit, and the Super Lawyer for 10+ years and is rec- with developers, boards of directors and ciations, real estate transactions, wills United States Supreme Court. He gradu- ognized as one of America’s Top 100 property managers serving condomini- and trusts, conflicts of law, and criminal ated with a B.A. in political science from High Stakes Litigators. um and neighborhood associations. He procedure. Kayla was also a recipient of Vanderbilt University and received his Elizabeth Sharrock is in Oklahoma is a graduate of the University of Tulsa the Comfort “Top Ten” Scholarship and J.D. from the University of Oklahoma. City. Her litigation practice is in profes- College of Law. graduated with highest honors. He is also a graduate of Leadership Tulsa sional liability, employment law, prem- With more than 90 years in the legal Kayla grew up in Beebe, Arkansas, Class 56. ises liability and general civil litigation. field with offices in Tulsa, Oklahoma but she now lives in Oklahoma City Dean Luthey, chair of GableGotwals’ She completed her undergraduate studies City and Arkansas, Rhodes Hieronymus and considers herself a true “Okie.” In Native American and Gaming Practice, at the University of Oklahoma, where Gable Tucker and Jones, PLLC contin- her free time, she enjoys spending time said “I am excited to call Trent Shores she also earned her law degree. She is ues to set itself apart from other firms in with friends and family, cooking, and one of my shareholders and I look for- an AV Preeminent rated litigator and legal expertise and client commitment. traveling. ward to working with him. His experi- was recognized 2008-2011 as a Rising Contact [email protected]. ence managing government relationships Star Top Young Attorney in Oklahoma GABLEGOTWALS ANNOUNCES with federally recognized tribes and his Magazine’s Super Lawyer edition. She CROWE & DUNLEVY EXPANDS FORMER U.S. ATTORNEY work advising on various issues includ- is a 2017 Best Lawyers inductee. When DIVERSITY SCHOLARS TRENT SHORES TO JOIN THE ing tribal gaming, white-collar crime, she is not in the courtroom, Sharrock PROGRAM FIRM domestic violence, hunting and fishing enjoys serving as a board member for As part of its commitment to enhance Following nearly 18 successful treaty rights, community policing, and Rockin G Equine Sanctuary, a non-prof- diversity within the legal profession, years serving with the United States homeland security is a true asset.” it organization dedicated to retraining Crowe & Dunlevy has added an extern- Department of Justice, Trent Shores will and rehoming off-the-track thoroughbred ship component to the firm’s Diversity join GableGotwals as a shareholder. He RHODES HIERONYMUS JONES racehorses. Scholars Program. will officially start with the Firm on TUCKER AND GABLE, PLLC Joseph Stall will practice in the The externship opportunity is open to March 29, 2021. EXPANDS OKC OFFICE AND Oklahoma City office. Joe is experienced first year law students who are recipients The former United States Attorney WELCOMES 5 ATTORNEYS in complex litigation matters, including of the firm’s Diversity Scholars Program for the Northern District of Oklahoma Rhodes Hieronymus has announced transportation, product liability, employ- and is designed to provide practical was the chief federal law enforcement the addition of Malinda Matlock and ment, medical negligence and construc- experience, mentorship and academic officer responsible for all federal crim- Elizabeth Sharrock as new partners; tion. A proud Sooner, Joe received his law credit. inal prosecutions and civil litigation in Joseph Stall and Lindsey Kaiser as new degree from the University of Oklahoma The program is open to students the Northern District, an area cover- associates and Curtis Kaiser begins Of College of Law. In law school, he was at Oklahoma City University School ing 11 counties, including 13 federally Counsel role. a member of the American Indian Law of Law, the University of Oklahoma recognized Indian tribes. In addition, Malinda Matlock offices in the newly Review, on the Dean’s Honor Roll each College of Law and the University of as a citizen of the Choctaw Nation of expanded OKC location at 1001 N.W semester, and was a member of the Tulsa College of Law. Oklahoma, Mr. Shores was appointed 63rd, Ste 280. She graduated from the National Trial Competition team. Before Crowe & Dunlevy’s Diversity Scholars as Chair of the Native American Issues University of Oklahoma College of entering law school, Joe earned his bach- Program also includes scholarships Subcommittee charged with developing Business and the OU College of Law. elor’s degree in Economics from Brown awarded annually to outstanding law and guiding national policy for Indian From 1991-2000, she practiced law in University in Providence, Rhode Island, students based on academic achieve- Country justice. He also served as the Tulsa at a med mal defense firm then and lettered on the varsity soccer team. ment, financial need and commitment National Security Cyber Specialist and served as Chief Compliance Officer for Joe is a member of the Oklahoma Bar to the law. Recipients can receive up worked closely with the Joint Terrorism a large health system. Malinda locat- Association, the Oklahoma County Bar to $10,000 during their law school ten- Task Force to investigate and prosecute ed to Oklahoma City in 2000 to med Association, the Ruth Bader Ginsburg ure based on satisfactory progress and cybercrimes and domestic terrorism. mal defense firm with a more diverse Inn of Court, and is a current member performance. Since the firm’s Diversity Throughout his career, including insuranceJOURNAL defense practice. She has a RECORDof Leadership Oklahoma City’s LOYALEVENT Scholars Program was established, more during his tenure as U.S. Attorney, Mr. significant experience in Professional Program Class XV. than $250,000 in scholarships have been Shores personally tried complex cases in Liability (Medical, Legal, A&E, Lindsey Curtis was welcomed awarded to exemplary law students. federal district court and argued before E&O,NOMINATIONS D&O), Employment Litigation, to the Tulsa officeNOW team in February.OPEN For more information about the the United States Court of Appeals for Sexual Misconduct,JOURNAL Premise Liability, RECORDLindsey graduated from the EVENT University Diversity Scholars Program, visit crowe- the Tenth Circuit. He has also testified Transportation,NOMINATIONS Bad Faith Insurance of Oklahoma NOWMagna Cum Laude OPEN with dunlevy.com/about-us/diversity. NOMINATE NOW AT: JOURNALRECORD.COM/JOURNAL-RECORD-EVENTS NOMINATE NOW AT: JOURNAL RECORD JOURNALRECORD.COM/JOURNAL-RECORD-EVENTSJOURNAL EVENT NOMINATIONS RECORD EVENTNOW OPEN NOMINATE NOW AT: JOURNALRECORD.COM/JOURNAL-RECORD-EVENTS NOMINATIONSRNAL R NOW OPEN JOU ECO E RD TH

RNAL R JOU ECO E RD #AchieversTH

TH D E J OR UNDER40OURNAL REC

TH D E J OR EVENTEVENT DATE: DATE: EVENTEVENTOU RNADATE:L REDATE:C NOMINATE EVENTEVENT DATE: DATE: NOW AT: EVENT DATE: J ULYJUNEEVENT 9 28 DATE: SEPTEMBERAUGUSTEVENT DATE: 13 1 EVENTOCTOBEROCTOBER DATE: 814 EVENT DATE:DECEMBER 3 JOURNALRECORD.COM/JOURNAL-RECORD-EVENTSJ ULY 9 SEPTEMBER 1 OCTOBER 8 DECEMBER 3

EVENT DATE:EVENT DATE: EVENT DATE:EVENT DATE: EVENTEVENT DATE: DATE: EVENTEVENT DATE:

EVENT DATE: EVENT DATE: EVENTNAL DATE: EVENT DATE: R R JOU ECO MAY 21 JULY 8 SEPTEMBERHE RD2 NOVEMBER 4 JUNE 29 AUGUST 28 SEPTEMBERT 10 NOVEMBER 5 JUNE 29 AUGUST 28 SEPTEMBER 10 NOVEMBER 5 #Achievers

TH D E J OR EXCELLENCEEXCELLENCEOURNAL REC UNDER40 IN CONSTRUCTION AND REAL ESTATE 2020 #Achievers IN CONSTRUCTIONEXCELLENCE AND REAL ESTATE EVENTUNDER40 DATE: IN CONSTRUCTIONEVENT DATE: AND REAL ESTATE EVENT DATE: 2020 EVENT DATE: Nomination deadlines vary throughout the year, visitJ ULY journalrecord.com/events 9 SEPTEMBER for exact 1 dates. EventOCTOBER dates are 8 subject to change. DECEMBER 3 For more information about sponsorships, advertising, nominations or applications, contact Sarah Barrow at [email protected] Nomination deadlines vary throughout the year, visit journalrecord.com/events for exact dates. Event dates are subject to change. Nomination deadlines vary throughout the year, visit journalrecord.com/events for EVENT DATE:exact dates. EventEVENT dates DATE: are subject EVENTto change. DATE: EVENT DATE: For moreJUNE information 29 about sponsorships,AUGUST 28 advertising, nominationsSEPTEMBER or10 applications, NOVEMBER 5 contact Julie Traylor at [email protected] #Achievers For more information about sponsorships, advertising,EXCELLENCE nominations or applications, UNDER40 IN CONSTRUCTION AND REAL ESTATE 2020 contact Julie Traylor at [email protected]

Nomination deadlines vary throughout the year, visit journalrecord.com/events for exact dates. Event dates are subject to change.

For more information about sponsorships, advertising, nominations or applications, contact Julie Traylor at [email protected] www.okcbar.org • March 2021 • BRIEFCASE 11 go premium

8 www.CPBJ.com OPINION Central Penn Business Journal MAY 31, 2019 GUEST VIEW Latest census data reveals trends to watch The U.S. Census Bureau recently re- and every year in between. migration. by natural increase of 427 people and in- JRleased new population estimates that Lancaster remains the largest and fast- The fastest growth occurred outside ternational migration of 52 people. account for and compare the resident est-growing county. At 984 square miles, of metropolitan areas. Surprisingly, no There is more growth than decline. Out population for counties between April 1, it also is the largest of the four counties. new metro areas moved into the top 10 of 3,142 counties, 1,739 (or 55.3 percent) 2010 and July 1, 2018. The outcome? There Between 2010 and 2018 it experienced the largest areas. Of the 390 metro areas in gained population between 2017 and 2018. are shifts in population taking place across largest numeric growth at 24,112 people. the U.S., (including the District of Co- Twelve counties (0.4 percent) experienced the nation that may differ from what you No. 2 in numeric growth was actually the lumbia and Puerto Rico), 102, or 26.2 no change in population, and the remain- might assume. Here are the highlights at a smallest of the four counties, Cumberland percent experienced population decline ing 1,391 (or 44.3 percent) lost people. national and local level. County, which grew by 16,017 people. in 2018. The five fastest-shrinking metro Between 2010 and 2018, a total of 1,481 (or York County grew by 13,301 people and areas (excluding Puerto Rico) were 47.1 percent) counties gained population What’s happening locally? Dauphin County grew by 8,997 people. Charleston, West Virginia (-1.6 percent); and 1,661 (or 52.9 percent) lost popula- Cumberland, Dauphin, Lancaster and Pine Bluff, Arkansas. (-1.5 percent); tion. Though there has been more growth York experience consis- What’s happening nationally? Farmington, New Mexico (-1.5 percent); than decline overall, the numbers indicate tent growth. The most The census data confirmed that coun- Danville, Illinois (-1.2 percent); and that this can easily shift year over year. notable trend between ties with the largest numeric growth are Watertown-Fort Drum, New York (-1.2 A deeper dive into the census data 2010 and 2018 in Central located in the south and the west. In percent). The population decreases were reveals several demographic changes Pennsylvania is that these fact, Texas claimed four out of the top primarily due to negative net domestic impacting commercial real estate develop- counties all experienced 10 spots. Looking at population growth migration. PRINT & DIGITAL DATA ment: household formations, aging baby consistent growth year- by metropolitan area, Dallas-Fort North Dakota was home to the fastest- boomers, growing millennials, women over-year. Moreover the Worth-Arlington, Texas had the largest growing county. Among counties with a Mike in the workforce and migration toward SUBSCRIPTIONgrowth was fairly even+ numeric growth, with a gain of 131,767 population of 20,000 or more, Williams Kushner the South. Today’s demographic changes over the last eight years. people, or 1.8 percent in 2018. Second County, North Dakota, claimed the top present challenges for commercial real Another trend worth was Phoenix-Mesa-Scottsdale, Arizona, spot as the fastest-growing by percent- estate developers, but they also offer lu- noting is that the counties have main- which had an increase of 96,268 people, age. This county’s population rose by 5.9 crative opportunities to firms creatively tained the same order of ranking based or 2.0 percent. The cause of growth in percent between 2017 and 2018 (from adapting to new demands. upon population for eight-plus years. For these areas is migration, both domestic 33,395 to 35,350 people). The rapid • example, in 2010 the counties in order of and international, as well as natural growth Williams County experienced was Mike Kushner is the owner of Omni Realty smallest population to largest were Cum- increase. In Dallas, it was natural in- due mainly to net domestic migration of Group, a real estate firm in Harrisburg. He can berland, Dauphin, York and Lancaster. crease that served as the largest source 1,471 people in 2018. The county also ex- be reached through www.omnirealtygroup. This is the same ranking we see in 2018, of population growth. For Phoenix it was perienced• Totalgrowth between access 2017 and 2018to Journalcom� Record List Database* GUEST VIEW • Unlimited downloads

YOUR BUSINESS IS OUR BUSINESS Retirement plans should be piece of M&A puzzle 2018 was a banner year for mergers So, if you’re planning a merger or acqui- restriction• PDFsbefore being and able to joinspreadsheets the includes confirming past operational and journalrecord.com • Monday, August 12, 2019 Vol. 124, No. 157 • Two sections • Single copy $1.00 and acquisitions. Global M&A activity was sition, consider the retirement plans now buyer’s 401(k) plan, losing out on a full procedural compliance, making sure all INSIDE the second highest on record, with deals to avoid a headache later on. year of tax-efficient savings and employer plan documents are up-to-date, and con- 08.12.2019 Hospitals sue thousands each totaling $2.72 trillion. Looking ahead, 76 If the transaction is a stock acquisi- contributions.• Book of Lists PLUSfirming general compatibility between the « 2 » Communication Federal year over unpaid medical bills expanding with new branch percent of top executives at U.S. compa- tion – where the buyer takes full owner- The main advantages of termination plans. Examples include reviewing non- Communication Federal Credit BY TREVOR BROWN Union is expanding to a new Oklahoma Watch branch in northwest Oklahoma Norman Regional Hospital in nies expect to close more ship of the selling company – the buyer are that employees can be integrated into discrimination testing results from recent Norman. OKLAHOMA WATCH City after purchasing property It was not a call that Rabekah Crow from Blackburn Financial expected. Group. The Bartlesville resident was working at deals this year than last, then assumes all of the seller’s liabilities, the buyer’s plan with one benefit structure years, the seller’s fiduciary oversight prac- her job as a Phillips 66 help-desk agent • Unpublished data in spring 2018 when an unfamiliar num- ber flashed across her caller ID. and a majority predict including its retirement plan. The buyer for all; there is only one plan to maintain; tices, administrative operations such as « 2 » “The person just said they were out- Gross receipts show signs of side of my work and were delivering papers moderation Gross receipts for me to sign,” she said. “So I thought,’ ‘No these deals will be larger, has three options for how to handle the and the risk of any liability transfer into distributions, payroll and loan processes, to the treasury in July show big deal.’” signs of moderation in the When she came out, she Oklahoma economy, even as was served with a lawsuit de- according to a report acquired company’s retirement plan. It the buyer’s existing plan is avoided. The and fulfillment of government reporting total collections continue to manding payment of nearly grow, state Treasurer Randy $3,500 in medical bills from • Custom data searches McDaniel said. the birth of her youngest son requirements. in 2015. from Axios. These compa- can either maintain its own plan and the downside is that the employee accounts The bill was from St. John Health System’s Jane « 3 » Phillips Medical Center and Hospital. Crow nies, and others around seller’s plan separately, terminate the become immediately accessible. So, if not Many companies partner with an out- State expands availability thought it had been paid because she had of electronic identification filed paperwork asking for Medicaid to cover Crow saw her take-home payment reduced lawsuits against their former patients over The days of having to pry stiff the delivery. But the hospital disagreed. by a quarter. unpaid medical bills. the globe, turn to M&A seller’s plan, or merge the seller’s plan rolled over into an IRA or other retirement side consultant to conduct a thorough plastic cards out of cramped Nearly three months later, a Washington The debt took a toll on her and her three In many of those cases, the hospitals have wallets to prove identification County district judge issued a default judg- children, she said. garnished wages to collect anywhere from a *Please note: the Data portion of the premium may have reached an end for ment in favor of the hospital. Crow failed to “I ended up taking three personal loans on few hundred dollars to more than $10,000. deals to increase market into its own plan. plan, employees could squander retire- benefit plan review and help determine nearly 2,000 Oklahomans, John challenge the lawsuit in time, saying later she my retirement, which I’m now having to pay The hospitals are nonprofit, for-profit and and the state’s secretary of couldn’t afford a lawyer and was unfamiliar back out of my paychecks,” she said. “It’s just government-owned ones – some of them digital transformation and with the legal system. been horrible.” founded by charity or religious organizations. administration hopes that will share and improve their Jeffrey If the buyer decides to maintain both ment assets and face penalty taxes for the best option. When experts are engaged The judge later ordered Phillips 66 to Crow’s experience is not an uncommon These billing practices highlight a heated be the case soon for many subscription is non-refundable. withhold as much as $470 from Crow’s twice- one across Oklahoma. debate in the medical community across the others in the Sooner State. a-month paycheck until her debt – which had An Oklahoma Watch review of court re- country. When do hospitals have a financial business models. plans, the newly acquired employees can early distribution. from the start, they can help ensure the grown to $4,230 with interest and attorney cords since 2016 found that dozens of hospi- fees – was paid. For more than four months tals across the state have filed at least 22,250 Turn to BILLS » p14 & + Throughout the M&A either be offered the same benefits they The final option – merging the seller’s transition is smooth and employees have Proposed coal mine expansion opposed process, executives are hyper-focused had previously, or a new formula for their and buyer’s plans – requires that both a clear understanding of the benefits with BY DAISY CREAGER the highest producing of Oklahoma’s six coal mining expansions in eastern Oklahoma and The Journal Record mines. In 2017, it produced 319,250 tons of existing subsidies that make coal mining on company synergies and big-picture employer benefits. Maintaining both plans plans be the same type and have a similar their new employer. the state’s total 561,345-ton coal production, “appear profitable.” The Sierra Club’s Oklahoma chapter is according to the Energy Information “Burning coal also pollutes Oklahoma’s air calling for the Bureau of Land Management to Administration. and water, with global consequences as well. goals. As a result, one very important fac- can provide employees continuity of ben- plan design. This option can be efficient An organization’s retirement plan deny a request to expand an active Oklahoma GCI President Craig Jackson said the extra … Plenty of cleaner, safer, healthier energy coal mine across 270 additional acres of acreage would support the company’s mining options exist for Oklahoma – more and more, federal coal reserves. plan. renewables like solar and wind are able to tor often goes overlooked – the employer’s efits with no impact to the buyer’s retire- and cost-effective – one benefit structure, should be a consideration from the early « 3 » Georges Colliers Inc. made the request “The natural mine plan of the coal mine has provide power that is less expensive and more U.S. lays out enforcement last year for the expansion of Pollyanna 8, taken us to that point that we need the small climate-friendly than coal,” Bridgwater said in priorities for animals on also known as the South Central Coal Mine, extension, which would be of tremendous the statement. retirement plans. There are many details ment plan. However, operating multiple one plan to operate – and it also avoids the stages of an M&A. Though the evaluation planes The government is 2 miles west of Spiro. BLM, which manages benefit to us and not consequential to anyone “BLM must reject GCI’s application, and telling airlines and passengers coal leasing on the federal mineral estate with else,” Jackson said. not prioritize a coal company’s bank balances how it will enforce rules development potential, opened a two-week Sierra Club Oklahoma Chapter Director over the health and safety of the people of to consider when acquiring a company. plans can be burdensome and expensive, negatives of plan termination. process can be lengthy, it’s better to an- governing animals that people public comment period Aug. 1. Johnson Bridgwater said in a statement the bring on planes. Located in LeFlore County, Pollyanna 8 is organization opposes the “drip-by-drip” of Turn to COAL » p14 Understanding the seller’s retirement plan and nondiscrimination testing is needed if The risk associated with merging are the ticipate issues that could arise, instead of News in Brief ...... 4A CRUDE OIL NATURAL GAS GASOLINE Around Town ...... 6A Week in Review ...... 7A and how it will fit within the current ben- employees are receiving different benefit unknown factors of the seller’s plan. Has it realizing them in the midst of the merger Energy ...... 8A 1.96 0.009 .0283 Business Album ...... 15A Classifieds ...... 1B efit structure is vital to success. packages. always operated in compliance with all the when it might be too late. Public Notices ...... 2B Sep $ 54.50 Sep $2.119 Sep $1.6740 If retirement plans are not considered If the buyer is going to terminate the complex rules associated with retirement • upfront, executives may learn that the ac- seller’s plan, this decision should be made plans? If not, the buyer’s plan would be at John Jeffrey is a consulting actuary, specializing quired company has an underfunded pen- and the process initiated before the com- risk. in retirement plan consulting and post-employ- sion plan – which can be a deal breaker panies merge. If the acquired company’s Before deciding how to handle the sell- ment health care benefits, for Conrad Siegel, – or that the seller’s 401(k) plan does not 401(k) is terminated after the transaction, er’s retirement plan, the buyer will need which is based in Susquehanna Township, meet compliance standards. the seller’s employees will face a one-year to perform exhaustive due diligence. This Dauphin County. As a premium subscriber, gain total database access with unlimited downloads. SUBSCRIBE TODAY! CALL 877-615-9536 OR VISIT [email protected] Already a Print & Digital Subscriber? Call to upgrade - NOW!

www.journalrecord.com 12 BRIEFCASE • March 2021

POWERING PAYMENTS FOR THE LEGAL INDUSTRY

The easiest way to accept credit, debit, and eCheck payments

Trust Payment IOLTA Deposit The ability to accept payments online has

Amount become vital for all firms. When you need to get it right, trust LawPay's proven solution. $ 1,500.00 Reference As the industry standard in legal payments, NEW CASE LawPay is the only payment solution vetted and approved by all 50 state bar associations, 60+ Card Number local and specialty bars, the ABA, and the ALA. **** **** **** 4242 Developed specifically for the legal industry to ensure trust account compliance and deliver the most secure, PCI-compliant technology, LawPay is proud to be the preferred, long-term payment partner for more than 50,000 law firms.

ACCEPT MORE PAYMENTS WITH LAWPAY

866-276-9492 lawpay.com/okcbar