ALSO INSIDE: Noncompetes in Mergers and Acquisitions EEOC Challenging Discrimination • Defend Trade Secrets Act

Volume 88 — No. 2 — 1/21/2017

2017 OBA President Linda S. Thomas UPCOMING WEBCASTS

ALL of your required 12 hours of MCLE credit can be received by viewing Live Webcasts, these programs are being "live-streamed" at certain dates and times and MUST be viewed on these scheduled dates and times:

Wednesday, January 25 Tuesday, February 7 Saturday, February 25 Social Media as Investigative Research Legal Ethics Is No Laughing: The 2017 Ethy Awards and Evidence Matter What Lawyer Jokes Say About Our Ethical Foibles (2 hour of Ethics) (1 hour of Ethics) (1 hour of Ethics) Presented by Mesa CLE with Humorist Sean Carter Presented by CLESeminars.com Presented by Mesa CLE with Humorist Sean Carter Tuesday, February 28 Thursday, January 26 Tuesday, February 14 Attorney, Heal Thyself: The Ethics of Social Media Research Don’t Be A Stupid Cupid: The Detection, Treatment and Prevention (1 hour of Ethics) Avoiding Inappropriate Entanglements in the Practice of Law of Substance Abuse Presented by CLESeminars.com (1 hour of Ethics) (1 hour of Ethics) Thursday, January 26 Presented by Mesa CLE with Humorist Sean Carter Presented by Mesa CLE with Humorist Sean Carter Fail Better: Continuing Efforts to Eliminate Bias Tuesday, February 21 Tuesday, March 7 in the Legal Profession The Passion of the Barrister: Thou Shalt Not Lie, Cheat & Steal: An Ethical Lawyer is a Happy Lawyer The Ten Commandments of Legal Ethics (1 hour of Ethics) (1 hour of Ethics) (1 hour of Ethics) Presented by Mesa CLE with Humorist Sean Carter Presented by Mesa CLE with Humorist Sean Carter Presented by Mesa CLE with Humorist Sean Carter

To register go to: www.okbar.org/members/CLE/Webcasts

2017 Solo & Small Firm Conference

The 2017 Conference brings back kids’ activities in a family friendly atmosphere

SAVE THE DATE AND BRING THE KIDS June 22nd - 24th u 2017 Programs include a full day of technology CLE; a full day of how-to basics for every Solo & Small Firm practitioner; and an analysis of the Oklahoma Trial of the Century: State of Oklahoma v. Terry Nichols

Choctaw Casino Resort Durant, OK

(3 CLE tracts, both days 12 hours of CLE available to each participant) Registration begins March 5th, 2017 at www.okbar.org

74 The Oklahoma Bar Journal Vol. 88— No. 2 — 1/21/2017 Theme: pg. Meet Your OBA 117 Editor: Carol Manning New Judicial Leaders contents Jan. 21, 2017 • Vol. 88 • No. 2 Departments 76 From the President 137 From the Executive Director 139 Law Practice Tips 143 Editorial Calendar 144 Ethics & Professional Responsibility 145 OBA Board of Governors Actions 147 Oklahoma Bar Foundation News 150 Young Lawyers Division 151 For Your Information 153 Bench and Bar Briefs 154 In Memoriam 155 What’s Online 160 The Back Page pg. 123 The Defend Trade Secrets Act

Features 79 Meet 2017 OBA President Linda Thomas Plus 117 New Leaders Take Helm of Oklahoma’s Two 83 OBA Officers and Board of Governors: Highest Courts Volunteers Who Guide Your Association 118 EEOC Takes the Lead in Challenging Sexual Orientation Discrimination 92 OBA Departments and the Member By Mary L. Lohrke and Jessica R. Fu Services They Provide 123 The Defend Trade Secrets Act: Is It a Game 99 Member Benefits Changer? By Derek B. Ensminger 105 Grow Your Network by Joining Ours! 128 Noncompetes in Oklahoma Mergers and Acquisitions 106 OBA Sections By Brandon Kemp 134 MyOKBar Communities: Your New Online Communications Portal 136 Interest on Judgments

Vol. 88— No. 2 — 1/21/2017 The Oklahoma Bar Journal 75 FROM THE PRESIDENT

My Commitment to You By Linda S. Thomas

New Year’s Day comes with celebration and practice of law will be even better for promises of self improvement so the coming year will be all lawyers — now and for those who a great year, a better year — or perhaps the best year ever. come behind us. For me this particular Jan. 1 came not only with those What can we do to take care of our typical New Year’s resolutions, but also with my profession? We must practice law with commitment to you, the members of the Oklahoma Bar integrity, professionalism and a bit of Association, to remain focused throughout 2017 on the humility. When we became Oklahoma practice of law, the promotion of our association and lawyers, we all took an oath to fulfill an issues related to the legal profession, including the inde- obligation to the legal profession, to be pendence of the judiciary and equal justice for all. a person clients, judges and colleagues Oklahoma lawyers come from different walks of life, can trust and to uphold the laws of the bringing with us a wide variety of backgrounds, inter- state of Oklahoma. Do what is best for ests, traditions, hobbies, political affiliations, etc. The your clients, but do it with integrity and journeys we have followed to get here are professionalism. We are part of a long many, but regardless of where we focus our and hallowed calling that practice — large firm, small firm or solo prac- leads us to the privilege of titioners, corporate, governmental or non- serving others as lawyers profit agency lawyers, state or federal judges I ask you to and counselors. Take good — we are all lawyers. We differ in countless join me by care of this profession, and ways, but we have all chosen the field of law this profession will take as our career, and that itself is a tie that adding three good care of you. uniquely binds us to one another. With that promises to How can we take care of comes great responsibility — to develop and our association? Get in- utilize our legal, listening and communication your list of volved. Join one (or more) of skills in order to well-serve our clients and New Year’s the 29 OBA committees our profession; to commit a due share of our from Access to Justice to interest and energy to serve our community, resolutions Work/Life Balance; join one our profession and our association; and to for 2017. (or more) of the 25 different display basic, but critical, human interaction practice area sections, apply skills so that when we walk out of the court- for the Leadership Acade- room, away from the my, run for an OBA office, negotiation table or hang up the teach a CLE course, volunteer for Okla- telephone, we maintain respect for homa Lawyers for America’s Heroes or one another and the profession. the Free Legal Answers program, take We, as individuals in our collec- advantage of the more than 50 member tive efforts, can grow and strengthen services the OBA offers to assist you, our association to meet and over- not only with your practice, but also come the challenges before us. So, I your personal life and plan now to ask you to join me by adding three attend our Annual Meeting in Tulsa promises to your list of New Year’s Nov. 1-3. resolutions for 2017: 1) take care of Above all, we must take care of our- our profession, 2) take care of our selves and each other. Pay attention to association and 3) take care of your- yourself, your physical, mental and selves and each other. I believe that President Thomas spiritual self. Balance your professional if we do these basic things, the practices in Bartlesville. life with your personal life. Enjoy a life [email protected] future of our association and the 918-336-6300 cont’d on page 127

76 The Oklahoma Bar Journal Vol. 88— No. 2 — 1/21/2017 THE OKLAHOMA BAR JOURNAL is a publication of the Oklahoma Bar Associa- tion. All rights reserved. Copyright© 2017 Oklahoma Bar Association. Statements or opinions expressed herein are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Volume 88 — No. 2 — 1/21/2017 Board of Governors, Board of Editors or staff. Although advertising copy is reviewed, no endorsement of any product or service JOURNAL STAFF BOARD OF EDITORS offered by any advertisement is intended or implied by publication. Advertisers are solely JOHN MORRIS WILLIAMS MELISSA DELACERDA responsible for the content of their ads, and Editor-in-Chief Stillwater, Chair the OBA reserves the right to edit or reject [email protected] any advertising copy for any reason. LUKE ADAMS, Clinton Legal articles carried in THE OKLAHOMA CAROL A. MANNING, Editor RENÉE DEMOSS, Tulsa BAR JOURNAL are selected by the Board of [email protected] Editors. Information about submissions can PATRICIA A. FLANAGAN be found at www.okbar.org. MACKENZIE MCDANIEL Yukon Advertising Manager BAR Center Staff AMANDA GRANT, Spiro [email protected] John Morris Williams, Executive Director; C. SCOTT JONES, Gina L. Hendryx, General Counsel; Joe Balken- LACEY PLAUDIS Oklahoma City bush, Ethics Counsel; Jim Calloway, Director Communications Specialist of Management Assistance Program; Craig D. [email protected] ERIN MEANS, Moore Combs, Director of Administration; Susan LAURA STONE SHANNON L. PRESCOTT Damron, Director of Educational Programs; Okmulgee Beverly Petry Lewis, Administrator MCLE Communications Specialist Commission; Carol A. Manning, Director of [email protected] MARK RAMSEY, Claremore Communications; Robbin Watson, Director of LESLIE TAYLOR, Ada Information Technology; Loraine Dillinder Far- abow, Tommy Humphries, Debbie Maddox, Katherine Smith, Steve Sullins, OFFICERS & Assistant General Counsels Gary Berger, Debbie Brink, Tony Blasier, BOARD OF GOVERNORS Cheryl Corey, Nickie Day, Ben Douglas, LINDA S. THOMAS, President, Bartlesville; Dieadra Florence, Johnny Marie Floyd, JENNIFER CASTILLO, Vice President, Oklahoma City; Matt Gayle, Marley Harris, Brandon Haynie, KIMBERLY HAYS, President-Elect, Tulsa; GARVIN A. ISAACS, Suzi Hendrix, Misty Hill, Darla Jackson, Immediate Past President, Oklahoma City; JOHN W. COYLE III, Debra Jenkins, Jaime Lane, Durrel Lattimore, Mackenzie McDaniel, Renee Montgomery, Oklahoma City; MARK E. FIELDS, McAlester; JAMES R. Sharon Orth, Lacey Plaudis, Tracy Sanders, GOTWALS, Tulsa; KALEB K. HENNIGH, Enid; JAMES R. HICKS, Mark Schneidewent, Laura Stone, Jan Tulsa; ALISSA HUTTER, Norman; JAMES L. KEE, Duncan; Thompson, Krystal Willis, Laura Willis JIMMY D. OLIVER, Stillwater; SONJA R. PORTER, Oklahoma & Roberta Yarbrough City; ROY D. TUCKER, Muskogee; JOHN M. WEEDN, Miami; Oklahoma Bar Association 405-416-7000 BRYON J. WILL, Yukon; LANE R. NEAL, Oklahoma City, Chair- Toll Free 800-522-8065 person, OBA Young Lawyers Division FAX 405-416-7001 Continuing Legal Education 405-416-7029 The Oklahoma Bar Journal (ISSN 0030-1655) is published three Ethics Counsel 405-416-7055 times a month in January, February, March, April, May, August, General Counsel 405-416-7007 September, October November and December and bimonthly in June and July by the Oklahoma Bar Association, 1901 N. Lincoln Lawyers Helping Lawyers 800-364-7886 Boulevard, Oklahoma City, Oklahoma 73105. Periodicals postage Mgmt. Assistance Program 405-416-7008 paid at Oklahoma City, Okla. Mandatory CLE 405-416-7009 Board of Bar Examiners 405-416-7075 Subscriptions $60 per year except for law students registered with Oklahoma Bar Foundation 405-416-7070 the OBA and senior members who may subscribe for $30; all active members included in dues. Single copies: $3 Postmaster Send address changes to the Oklahoma Bar Association, www.okbar.org P.O. Box 53036, Oklahoma City, OK 73152-3036.

Vol. 88— No. 2 — 1/21/2017 The Oklahoma Bar Journal 77 Linda circa 1977

Linda in her office at Bartlesville, circa 1997

Linda with her family

Linda at 2 years old in 1958

Linda and her husband Curt, circa 1995

Linda in 1963

78 The Oklahoma Bar Journal Vol. 88— No. 2 — 1/21/2017 Meet Your Bar Association Meet 2017 OBA President Linda Thomas By Lacey Plaudis

t is clear that Linda Thomas’ family has shaped her into the woman she is today and will continue to refine her in years to Icome. Being raised in a close-knit family, Linda grew up with her three brothers in Tulsa.

“I was born in San Antonio when my dad was in the Air Force and then my family moved to Stillwater when he was in college. When he graduated from OSU we moved to Tulsa, and so I spent most of my childhood,” she said. While Linda enjoyed playing with dolls, she also played alongside her brothers with cars and trucks and led adventures in the back- yard and neighborhood. “There are adventures that my brothers and I experienced that still even as adults we talk about,” she said. Her brothers have grown from siblings into best friends, and her sisters-in-law are now the sisters she never had. ARKANSAS YEARS When Linda was a teenager, her family moved to the southwest corner of Arkansas. Linda with two of her grandchildren, They lived in the small town of Ashdown. As a Ava and Alex student at Ashdown High School, she enjoyed both the academic and social parts of high After graduating high school in 1974, Linda school. She played on the tennis and basketball pursued an undergraduate degree at a small teams and was also a cheerleader. private college in Arkansas. In 1977 she gradu- “I played basketball when girls played three- ated cum laude from Ouachita Baptist Universi- on-three half court. Back in the ’70s girls played ty with a B.A. in speech pathology. three on three half court so you either played “I wanted to be in the public school, and I offense or defense. I didn’t play any sports in knew that [speech pathology] was at that time college but instead focused on academics and becoming a new program in the education graduated in three years,” she said. field. I thought that would be a good door that would open for me,” she said.

Vol. 88— No. 2 — 1/21/2017 The Oklahoma Bar Journal 79 Presidential Trivia Hobbies? Reading, making homemade gifts for family/friends and spending time with my big extended family, especially my grandkids.

What accomplishment are you most proud of? In my professional life, I’m most proud of being the Oklahoma Bar Association president. It’s quite Linda with her three kids, Allison, Amy and Brad an honor that the association After her graduation, that would lead the way elected me to be their leader. In she moved to Dequeen, to her becoming our 2017 my personal life, the thing that Arkansas, where she Oklahoma Bar Association I’m most proud of is that I have worked in the local ele- president. three very successful children mentary school as the “My dad who had a big who are happy and healthy. school’s first speech influence on me said to me pathologist. What’s the best advice you one day, ‘have you ever ever received? “I set that program up, thought about going to law and I did that for a few school?’ At that time, I really Surround yourself with a small years until they needed a had not thought about going network of smart and positive special education teacher. to law school. Then over the people who want you to succeed I taught special ed for a next few weeks or months we — then let them help you. couple years and then talked about it, and decided went into the regular that was something I really Favorite holiday tradition? classroom teaching sec- wanted to do. I applied at TU, Tamale dinner on Christmas ond grade,” she said. got accepted and then moved to Bartlesville,” she said. Eve after Christmas Eve church BEGINNING OF A service with the family NEW CAREER FAMILY SUPPORT After a casual conversa- Linda’s parents were living Favorite nonprofit? tion with her dad, Linda in Bartlesville at the time, Big Brothers Big Sisters of began to think about a which was about an hour’s America new career path. A path drive to TU. It was a balancing act for a few Ten years from now where years, but the will you be? struggle creat- ed a unique Probably still practicing law and and tender enjoying my grandchildren, relationship doing just exactly what I’m between her doing now. children and their grand- What did you want to be parents. when you were a kid? “The kids A school teacher and I would get up in the Linda with her parents, Jim and Suzanne Cyrus, morning and at the 1994 new admittee swearing-in ceremony get ready for

80 The Oklahoma Bar Journal Vol. 88— No. 2 — 1/21/2017 school. I’d drop them off at join the late Glenn Davis school, and I’d go teach all in his practice. “Glenn day. I’d pick them up from was my first mentor in the school, drop them off at my law. He helped me get Who are you most like, your parents’ house and head over new clients and tutored mom or your dad? to Tulsa. me during my early years I’m a combination of both — I of practice. He also taught “My parents were really look like my mother, but my per- me not to take myself too good about going with the sonality is more like my father’s. seriously,” she said. kids to all their activities, their sporting activities or whatever Who was the biggest they were doing. When I got influence in your life? home from law school usually It absolutely has to be my between 9 and 9:30 p.m., parents. I would pick them up from their house and head over to Childhood nickname? my house. It was a juggling act for a while. I wouldn’t I didn’t really have a nickname, have been able to do it with- but my dad called me the “rose out that support for sure,” among the thorns.” she said. How has being involved in The bonds that were made OBA activities been a benefit in those years certainly had a Linda at her law school to your career? lasting impact on the family. graduation She said, “It was invaluable to I am constantly surrounded by me because I think having that smart, creative and dedicated Linda focuses her pri- generational contact really lawyers from all over the state vate practice in the area of made a huge impact in my who are good sources of great all aspects of family law. own children’s lives. My kids Linda works and shares advice and new ideas. are really, really close to their office space with five grandparents.” Oddest job you’ve held before other lawyers, all men. becoming a lawyer? When I was in high school, I was the designated “Christmas pres- ent wrapper” at the Ben Frank- lin store during the holidays.

Favorite ice cream flavor: Chocolate Mocha Most important quality a lawyer should have? In 2011, then Chief Justice Steven W. Taylor told the new Linda with her brothers Scott, Mark and Michael bar admittees during their swearing-in ceremony, “Learn EARLY LAW CAREER to love justice more than you “I have the best of both love victory.” That quote has In 1994 Linda graduated worlds where I’m my been part of my email signature from the TU College of Law own boss, but I have other since then, and rarely a day goes with her J.D. After passing the lawyers, who are also my by that I don’t consider the true bar that same year, she began friends, that I can rely on meaning of that statement. working part time for a local for help and advice,” she law firm. After a few months said. at the firm, Linda decided to

Vol. 88— No. 2 — 1/21/2017 The Oklahoma Bar Journal 81 LOOKING INTO 2017 As Linda begins her year as the 2017 OBA president, she wants to assure that the many good programs already in place continue to grow and be nurtured. She said, “We have some excellent programs at the Oklahoma Bar Association and I want to make sure they con- tinue to meet the needs of our association and the public.” Linda’s aspirations also include promotion of OBA Christmas at Grandma’s in 1983 with Santa, Brad, Allison, Papa, programs that 1) ensure all Linda and Amy Oklahoma citizens have there and 3) focus on the fair, yers to the Annual Meeting in meaningful access to the independent and impartial November and better meet justice system, 2) provide administration of justice. She their needs.” Oklahoma lawyers with an said, “With 2017 bringing the A LEGACY OF FAMILY avenue to keep on top of the 50th anniversary of the cre- newest technology available ation of the Judicial Nominat- Linda has said that if she and the threats that are out ing Commission, it is the per- wasn’t a lawyer her dream job fect time to celebrate the would be that of a full-time benefits of the JNC and grandmother. Practicing law to promote the public’s has been a fulfilling experience understanding of the for Linda and she believes it to importance of the sepa- be an extraordinary privilege. Best way to spend a day off? ration of powers and Many of the lessons she Doing anything with my other important issues learned from her mother and grandkids, whenever possible. related to the public father during childhood have good and the practice carried over to the way she of law.” practices law. To her, it is Suggestion for a fortune important to treat everyone cookie message? She is already working with respect and to give back with President-Elect Kim and help others. In the practice He who throws dirt is losing Hays, Vice President Jen- ground. of family law, she sees heart- nifer Castillo, and the break and crisis but also fami- members of the Board of lies united and healed. It is a Favorite TV show? Governors to strategize career that has made her Almost anything on the Food new ideas for the Annual appreciate her own family Network – Chopped, Restaurant Meeting. She said, “We that much more. Impossible, Cake Wars… want to make some changes to the Annual Ms. Plaudis is an OBA com- Meeting in 2017 that will munications specialist. perhaps bring more law-

82 The Oklahoma Bar Journal Vol. 88— No. 2 — 1/21/2017 Meet Your Bar Association

OBA Officers and Board of Governors: Volunteers Who Guide Your Association l Background: Born in l Oddest job you’ve held before becoming a lawyer? Tulsa; graduated from Sales clerk for Tennis and Ski Warehouse in Tulsa Tulsa Memorial High (I did not ski or play tennis.) School, class of 1986; attended OSU and met l Favorite ice cream flavor? Braum’s mint chocolate my husband, Alan Souter, chip in Eskimo Joe’s, and we married in 1993. We have l Most important quality a lawyer should have? two children Noelle, age Ethics 18, and Parker, age 14; began practicing law in l Best way to spend a day off? A day with husband, 1993 with my father, Alan, and kids, Noelle and Parker, along with play- Kimberly Hays James R. Hays, in Tulsa time with our golden retriever puppy and then go and after his death in for a run with my group of running girlfriends. President-Elect 1994, I joined a firm for a Tulsa short time and then l  opened my solo practice Creative fortune cookie message? When life gives in Tulsa in 1998. My legal assistant/friend, Stepha- you lemons … throw it back and ask for chocolate. nie Pierce, has been with me since 1996. I practice exclusively family law. l Favorite TV show? Scandal

l Education: B.A., OSU, 1990; J.D., University of l Background: I was born Kansas School of Law, 1993 and raised in the Oklaho- ma City area and gradu- l Childhood nickname? Kimmie ated from Del City High School in 1991. I now live in northwest Oklahoma l  Favorite childhood toy? Barbie and all her accesso- City with my husband, ries (the dreamhouse, car, pool and, Luis, sons, Aiden and of course, all the clothes and shoes) Brody, and three dogs. l  How did you first become involved in OBA activi- l Education: B.A. (Theater) ties? Friends in OBA Family Law Section leadership Cameron University talked me into helping with some CLE planning (1996); M.A. (Commu- and at the same time I signed up for my first OBA Jennifer Castillo nication) OU (1999); committee, professionalism. I quickly learned the Vice President J.D. OCU School of rewards of working with other attorneys for the Oklahoma City Law (2002) benefit of our bar association. l Childhood nickname? Jen l Has it benefited your career? My OBA service cre- ates a network of attorneys with different practice l areas across Oklahoma. My network is a source of Favorite childhood toy? Barbie dolls receiving referrals in my area of practice, family law, while offering me the opportunity to refer my l How did you first become involved in OBA activi- clients to talented attorneys outside my area of ties? A lawyer I worked with encouraged me to run practice. for a seat on the OBA YLD board. I began serving on the YLD board in 2008 and quickly became an OBA junkie.

Vol. 88— No. 2 — 1/21/2017 The Oklahoma Bar Journal 83 l Has it benefited your career? My involvement l Childhood nickname? Guybo with the OBA has allowed me to meet attorneys from across Oklahoma in a variety of practice l Favorite childhood toy? Basketball areas. As a result, I have a strong network to call on for referrals, assistance and collaboration. This l How did you first become involved in OBA activi- network has resulted in new business and leader- ties? In the summer of 1976, I went to Cornell Uni- ship opportunities. versity’s National Institute of Trial Advocacy, a two-week program conducted by Irving Younger. I l Oddest job you’ve held before becoming a lawyer? first met him in Denver when he gave a lecture at I dressed up as an elf and handed out fliers for a a CLE course. I also attended the institute’s two- local retailer during Christmas break of my senior week program in January. Professor Younger had a year in high school. reputation as a great teacher who had also been a lawyer and a trial judge on the bench in New York l Favorite ice cream flavor? Cookies and cream City. Marian Opala, who in 1977 was administra- tive director of the Oklahoma Court System, asked l Most important quality a lawyer should have? As me to invite Younger to come and lecture at the lawyers, we often focus on our public speaking OBA. He agreed to come and speak on the “The skills; however, I think being an active listener is Ten Commandments of Cross Examination.” I had the most important quality a lawyer can possess. the privilege of introducing him at the Criminal Defense Lawyer’s Institute held at the Oklahoma l Best way to spend a day off? I love spending days Bar Center, and I have been involved in bar activi- off hanging out at home with my three guys and ties since that time. my dogs. For me, there is no place like home. l Has it benefited your career? It has helped me l Creative fortune cookie message? Practice kind- think creatively. No two cases are alike, and there ness. People will forget what you said but not how is no absolute formula or rule for any case. you said it. l Oddest job you’ve held before becoming a lawyer? l Favorite TV show? House of Cards Interrogator of prisoners of war

l Background: I grew up l Favorite ice cream flavor? Vanilla in Apache. My father, Garvin A. Isaacs, was l Most important quality a lawyer should have? Apache School District Honesty superintendent of schools. My mother, l Best way to spend a day off? Painting, exploring, Ellen Isaacs, was a writing or fly fishing grade-school teacher. I have one brother, Philip l Creative fortune cookie message? Frequently Isaacs, who is a real wrong, often unprepared, but always ready estate appraiser and expert witness in real l Favorite TV show? 3 D Danny (Dan D. Dynamo estate cases. aka Danny Williams) and Flash Gordon Garvin A. Isaacs Past President l Education: I graduated Oklahoma City from Apache High School in 1963 and attended Texas Christian University on a basket- ball scholarship. I played four years for the Horned Frogs, graduating in 1967 with a bache- lor’s degree in government.

84 The Oklahoma Bar Journal Vol. 88— No. 2 — 1/21/2017 l Background: Grew up l Background: Born and on a farm outside of raised in McAlester. Cyril During my third year of law school, OBA Past l Education: Bachelor’s in President David Poarch political science from taught one of my cours- Missouri Southern, J.D. es. He told me a firm in from the OU College McAlester was looking of Law for a new lawyer. I returned home and have l Childhood nickname? practiced at Steidley & Little John. I was the Neal since 2001. fourth John in my fami- John M. Weedn Mark E. Fields l Education: OU, B.A. Governor – ly and the youngest. Of Governor – course, it wasn’t long 1997 and OU College of District No. One District No. Two Law, J.D. 2001 Miami before I outgrew that McAlester nickname — being 6 ft. by the sixth grade. l Childhood nickname? Elvis l Favorite childhood toy? My bicycle — opened up l Favorite childhood toy? Millennium Falcon the world around me l How did you first become involved in OBA activi- l How did you first become involved in OBA activi- ties? I saw firsthand how OBA Past President ties? As a young lawyer in Custer County in the Charles “Buddy” Neal and several past District early 2000s, it was expected we would be involved 2 governors served on the Board of Governors, in the bar association. We attended the Annual so I decided I should try to give back to the Meeting as a group and regular monthly county profession, too. bar meetings. l Has it benefited your career? Ask me again in l Has it benefited your career? Contacts. It is amaz- three years ing to have the ability to pick up a phone and get advice from lawyers ranging from Bartlesville to l Oddest job you’ve held before becoming a lawyer? Idabel and all points in between. Almost as impor- Bagging groceries, deli worker, booking at a bank tant are the personal relationships developed with and delivering furniture. None were particularly the staff and administration at the bar center. We odd. I now wish I would have run away and have some amazing staff who are always ready joined the circus for a few years. to help. l Favorite ice cream flavor? Mint chocolate chip, l Oddest job you’ve held before becoming a lawyer? with butter pecan closing in fast Bouncer or batting cage attendant l Most important quality a lawyer should have? l Favorite ice cream flavor? Strawberry Integrity, with common sense closing in faster than butter pecan l Most important quality a lawyer should have? Discernment — about which cases and which cli- l Best way to spend a day off? Doing any number ents to take of things with my wife and kids — fishing on Lake Eufaula, spending the day in my backyard l Best way to spend a day off? In the woods smoking a brisket or pork shoulder, playing golf or hanging around the house playing board games l Creative fortune cookie message? Turtles almost in between trying out new breakfast, lunch and always win the race. dinner recipes l Favorite TV show? The First 48 l Creative fortune cookie message? If you’re reading this, you’ll be hungry again in an hour. Plan accordingly.

l Favorite TV show? I never get tired of Seinfeld reruns.

Vol. 88— No. 2 — 1/21/2017 The Oklahoma Bar Journal 85 l Background: I grew up l Creative fortune cookie message? Focus on health in Oklahoma City. My father, Bill Coyle, was in l Favorite TV show? Football the real estate and oil business and my moth- l Background: I was born er, Katie, was a house- and raised in northwest wife and life master Oklahoma, graduating bridge player. I had two from Laverne High brothers who passed School in 1996 with away and a sister, Shan- strong rural and agricul- non, who is a restaurant tural roots and interests. manager. I have been I returned to Enid in married to my wife, 2007, where I have been John W. Coyle III Julee, for more than 30 practicing ever since. I Governor – years and have four have two sons, Karsen District No. Three children. My oldest son, (9) and Jase (7). Oklahoma City Billy, is a lawyer, Bob is a cell phone tower developer, Park is in the oil busi- Kaleb K. Hennigh l Education: B.S. agricul- ness, and my daughter, Ruby, teaches special needs Governor – tural communications, children. While attending law school, I worked as a District No. Four OSU, 2000; J.D. OU Col- bailiff for Judge Paul Dudley, who conducted pre- Enid lege of Law, 2003; LL.M. liminary hearings on the fifth floor of the Oklahoma University of Arkansas County Courthouse. After a year and a half, I went College of Law, Fayetteville, Arkansas, 2005. to work for Clyde Watts, a civil defense trial lawyer. I learned every day in these jobs how to conduct l Childhood nickname? Road runner myself as a lawyer — it was invaluable! I was employed by James W. “Bill” Berry, a former l Favorite childhood toy? Red Ryder BB gun district attorney, who practiced criminal defense and domestic relations law in the old Cravens l How did you first become involved in OBA Building. I worked for Bill for several years and activities? Through the Young Lawyers Division learned every day. I have been practicing criminal defense law now for 42 years. l Has it benefited your career? Getting and staying involved with the OBA ensures you maintain contact l Education: I graduated from Harding High School with quality lawyers throughout this state. It is very in Oklahoma City in 1966 and attended OU and beneficial as a practitioner to develop professional OCU, graduating in 1971, with a degree in politi- relationships with attorneys across this great state cal science and history. I attended the OCU School when clients seek representation outside of your of Law and graduated in 1974. geographical area or professional expertise. l Childhood nickname? Johnny l Oddest job you’ve held before becoming a lawyer? Rice crop consultant for a global crop chemi- l Favorite childhood toy? My bike cal company in the Mississippi Delta l How did you first become involved in OBA activi- l Favorite ice cream flavor? Chocolate ties? I was representing lawyers before the bar. I wanted to give something back. l Most important quality a lawyer should have? Patience l Has it benefited your career? I have met the dedi- cated lawyers that do service for the bar. l Best way to spend a day off? Doing something outdoors with my boys l Oddest job you’ve held before becoming a lawyer? For a short time, I worked at the rendering plant l Creative fortune cookie message? Follow the at the Stockyards. advice of your lawyer l Favorite ice cream flavor? Caramel l Favorite TV show? Blue Bloods l Most important quality a lawyer should have? Honesty l Best way to spend a day off? With my grand- children

86 The Oklahoma Bar Journal Vol. 88— No. 2 — 1/21/2017 l Background: Born in l Background: I am a life- Drumright, raised in long Tulsan. I have been Bartlesville; paratrooper married to my wife, 101st ABN Div.; father Janet Gotwals, for 34 of two, grandfather of years, and we have seven and great grand- three kids together, who father of two with are now all adults. another on the way; practiced law 50+ years; l Education: I graduated travelled to 60 countries from Tulsa Central High and territories on five School in 1968; BBA in continents; took a sab- finance from OU in batical in 1986-87 during 1972; and law degree James L. Kee which I lived in James R. Gotwals from the OU College of Governor - London working for a Governor - Law in 1975 District No. Five Korean company negotiat- District No. Six Duncan Tulsa ing OPEC contracts in the l Childhood nickname? Middle East and West Africa; very familiar with Robin “the boy wonder” politics in the Middle East; have won trials in every decade from the 1960s to present l Favorite childhood toy? My bicycle l  Education: B.S. degree East Central University; l How did you first become involved in OBA activi- J.D. OCU School of Law 1966 ties? I volunteered to serve on committees and joined sections. l Childhood nickname? Jimbo l Has it benefited your career? I have become l Favorite childhood toy? Electric train friends with some of the finest and most charitable persons (lawyers) from across the county, the state l How did you first become involved in OBA and on a national level. My firm has been fortu- activities? Being a founder and president nate to have received referrals from many of them, of the Oklahoma Criminal Defense Law and I can call on them to refer clients to. There are Association many great role models among them. l Oddest job you’ve held before becoming a lawyer? l Oddest job you’ve held before becoming a lawyer? I was a jug hustler on a seismograph crew in I worked one summer on a pipeline from Saint summers while going to college. Joseph, Missouri, across the state north as a swamper on a side boom caterpillar on the set-up l Favorite ice cream flavor? Chocolate crew. It was a unique experience. l Most important quality a lawyer should have? l Favorite ice cream flavor? Peach Integrity l Most important quality a lawyer should have? l Best way to spend a day off? Working at our farm Integrity l Favorite TV show? Blacklist l Best way to spend a day off? Spending time with family

l Creative fortune cookie message? Your persever- ance will soon be rewarded

l Favorite TV show? Sports generally. I really don’t have a favorite show.

Vol. 88— No. 2 — 1/21/2017 The Oklahoma Bar Journal 87 l Background: I was born l Background: I was born and raised in Lexington at Camp Pendleton Mili- and graduated high tary Base in California, school in 1994. where my father was stationed. My family l Education: University of moved to Stillwater Central Oklahoma, B.A. when I was 8 years old. in English, 1998; TU After I graduated from College of Law, J.D. college, I moved to Port- 2003. land, Oregon, until deciding to return to l Childhood nickname? Oklahoma to obtain my legal education. Roy D. Tucker Little LeRoy Jimmy D. Oliver Governor - Governor - l Favorite childhood toy? l Education: I graduated District No. Seven District No. Eight from OSU with a jour- Muskogee A Honda 250 three Stillwater wheeler. This was back nalism degree in before anyone was concerned about liability. 2004 and received my law degree from the OCU School of Law in 2010. l How did you first become involved in OBA activi- ties? I attended a YLD mixer about a year out of l Favorite childhood toy? Legos law school, and a few months later was appointed to the YLD board to fill an at-large seat. I’ve been l How did you first become involved in OBA activi- involved ever since. ties? I first attended the Annual Meeting in 2011 and realized there were many opportunities avail- l Has it benefited your career? I have a vast network able for a young lawyer. of colleagues, allies and friends. l Has it benefited your career? Being involved in the l Oddest job you’ve held before becoming a lawyer? OBA has allowed me to meet people from all over All of my jobs have been pretty usual and main- the state and to make friends I will have for a life- stream — retail, hospitality and mortgage industry time. This has created a network of other lawyers with whom I can share experiences, knowledge l Favorite ice cream flavor? German chocolate and concerns. l  l Most important quality a lawyer should have? An Oddest job you’ve held before becoming a lawyer? incredible memory I bartended my way through college and law school, which once led to an interesting experience serving beers at a biker rally. l Best way to spend a day off? Champagne brunch and Netflix bingeing to follow l Favorite ice cream flavor? Chocolate chip l Creative fortune cookie message? Look behind l  you, NOW! Most important quality a lawyer should have? Objectivity and the ability to recognize flaws in your own case/client l Favorite TV show? Madam Secretary l Best way to spend a day off? Exploring new local places for interesting food and drinks

l Creative fortune cookie message? You would make a great lawyer

l Favorite TV show? Bob’s Burgers

88 The Oklahoma Bar Journal Vol. 88— No. 2 — 1/21/2017 l Background: Born and l Background: Born in raised in Morrison. My Blackwell and raised in father (Eldon) was a Denton, Texas; married dairy farmer and my 33 years to Nancy Baker mother (Nedra) was a with twin children, Stan homemaker. The farm and Hannah, age 24 my family lives on has been in my family since l Education: Graduate of the 1893 Cherokee Strip OU in 1982 and the TU Land Run. My wife and College of Law in 1985 I and our children live in Yukon. l Childhood nickname? Jimmy Bryon J. Will l Education: OSU, B.S. in James R. Hicks Governor - animal science; Univer- Governor – District No. Nine At Large l Favorite childhood toy? sity of Central Oklaho- Bicycle Yukon ma, MBA; OCU School Tulsa of Law, J.D. l How did you first become involved in OBA activi- ties? Young Lawyers Division activities l Childhood nickname? My mom and dad would often say “Bryon Jay!!!,” but that was when I got l Has it benefited your career? It’s resulted in recog- into trouble. nition across the state with judges and attorneys who see my photo in the OBJ. l Favorite childhood toy? Toy guns. I had all kinds. l Oddest job you’ve held before becoming a lawyer? l How did you first become involved in OBA activi- Moving assistant for 7 Santini Brothers when they ties? Elected to the YLD Board of Directors moved American Airlines headquarters from the Chrysler Building in Manhattan to Grapevine, l Has it benefited your career? It expanded my net- Texas work of colleagues across the state. l Favorite ice cream flavor? Mint chocolate chip l Oddest job you’ve held before becoming a lawyer? Moved trailer houses right out of college. You l Most important quality a lawyer should have? would be surprised what is under one of those Patience things when planted in the same spot for 20 years. l Best way to spend a day off? Reading a historical l Favorite ice cream flavor? Cookies-n-cream novel l Most important quality a lawyer should have? l Creative fortune cookie message? Often wrong, Highest standards of ethics seldom in doubt l Best way to spend a day off? Fish when it’s warm; l Favorite TV show? House of Cards hunt when it’s cold. l Creative fortune cookie message? Tomorrow you will receive great riches. Not really, you’re just going to have to go to work like the rest of us. l Favorite TV show? The most popular TV show at our house is Mickey Mouse Clubhouse. That’s not saying it’s my favorite.

Vol. 88— No. 2 — 1/21/2017 The Oklahoma Bar Journal 89 l Background: Born and l Background: I was born raised in Norman and raised in the small (Sooner born and blue-collar town of Sooner bred) Kingsport, Tennessee, (that’s in the far north- l Education: Bachelor’s in east corner), where most business administration foods are deep fried in from OU; J.D. from the fat and smothered in OCU School of Law gravy. Kingsport is the in 2005 headquarters for the Eastman Chemical Man- l Childhood nickname? ufacturing plant, where Lissers my dad worked for Alissa Hutter Sonja R. Porter almost 30 years before Governor - Governor - l Favorite childhood toy? he retired and where I At Large At Large spent two summers Norman Gerogie the monkey Oklahoma City puppet (I still have it). working before going to law school. I moved to Oklahoma City upon being accepted to the OCU School of Law in 1996, l  How did you first become involved in OBA activi- fully intending to return to Tennessee after I fin- ties? I noticed how active Peggy Stockwell is with ished. But while here, I reunited with a college the OBA, and I reached out to her. She helped me friend, who convinced me to marry him in 1997. to get involved and it’s been a great fit. So I’ve been a transplanted Okie ever since. We currently live in Yukon with our three children, l Has it benefited your career? I have loved meeting Jozef (16), Sean (12) and Mikayla (8), plus two cats all of the different lawyers from all over the state. and a dog. l Oddest job you’ve held before becoming a lawyer? l Education: 1995 B.A. in prelaw from Bob Jones I’ve never really had any interestingly odd jobs, University, Greenville, South Carolina; 1999 J.D. just babysitting and waiting tables. In law school, I from the OCU School of Law worked as a summer intern at Steidley & Neal, at Durbin, Larimore and Bilaick, and then as a l Favorite childhood toy? Stuffed animals licensed legal intern in the Oklahoma County District Attorney’s Office. l How did you first become involved in OBA activities? Joined the Women in Law l  Favorite ice cream flavor? Mint chocolate chip Committee l  Most important quality a lawyer should have? l Has it benefited your career? My involvement Honesty with the OBA has allowed me to meet many great lawyers from all over the state who have helped l Best way to spend a day off? Traveling me to improve as a lawyer and have sent me refer- rals. l Creative fortune cookie message? Start the diet tomorrow l Oddest job you’ve held before becoming a lawyer? Packaging hydroquinone (a dry chemical) at a l Favorite TV show? Game of Thrones chemical plant in my home town in Tennessee.

l Favorite ice cream flavor? Plain chocolate

l Most important quality a lawyer should have? Integrity

l Best way to spend a day off? Sleeping in late and then hanging out with my husband and kids

l Creative fortune cookie message? Try again

l Favorite TV show? Doctor Who

90 The Oklahoma Bar Journal Vol. 88— No. 2 — 1/21/2017 l Background: I was born l Favorite childhood toy? My model John Deere and raised in Lawton. tractor and plow My father (Larry) ran (and still runs) J.T. Neal l How did you first become involved in OBA activi- Insurance Agency, ties? I took a chance and ran for one of the OBA which was started by YLD board seats for Oklahoma County while I my grandfather (J.T.). was still in the Oklahoma County DA’s Office. My mother (Linda) had a full-time job of raising l Has it benefited your career? The relationships my sisters and me while I have developed through my involvement in constantly volunteering the OBA are invaluable, both professionally and in our community. As I personally. get older, I appreciate Lane R. Neal more and more the hard l Oddest job you’ve held before becoming a lawyer? Governor – work my parents put YLD Chair Picking up trash in roadside ditches (for money, into raising the three not punishment!) Oklahoma City of us. After law school, I worked in the Oklaho- l  ma County District Attorney’s Office before mov- Favorite ice cream flavor? Braum’s chocolate with ing into civil litigation. My wife, Laura, is also an peanut butter attorney in Oklahoma City and practices criminal defense and personal injury. Last June, we wel- l Most important quality a lawyer should have? comed our first son, William, into the world. Noth- Thick skin ing has been the same since! Our dog, Greta, is finally warming up to our family’s recent addition. l Best way to spend a day off? A toss-up between quail hunting and snow skiing l Education: Graduated from Lawton High School in 2000; received a BBA in entrepreneurship and l Creative fortune cookie message? You learn from venture management from OU in 2004; J.D. also your mistakes…you will learn a lot today. from the OU College of Law in 2008 l Favorite TV show? Game of Thrones l Childhood nickname? “Lane” was unique enough

Vol. 88— No. 2 — 1/21/2017 The Oklahoma Bar Journal 91 Meet Your Bar Association OBA Departments and the Member Services They Provide

olunteer leaders may be the chief engineers who keep any professional association on track, but it is the staff who Vprovides the power to move forward. Member services are an essential part of the Oklahoma Bar Association. Learn more about what each department offers members, and put a face with a name in photos of the employees who work for you — bar asso- ciation members. Executive Director OBA Bylaws, Article IV, Section 4: (a) The Executive Director shall keep the ros- ter of the members of the Association and of the House of Delegates entitled to vote therein. He or she shall record and be the custodian of the minutes, journal and records of the Associa- tion and of the House of Delegates and of the Board of Governors. (b) The Executive Director shall act as Trea- surer, and be the custodian of the funds of the Association. No funds shall be withdrawn EXECUTIVE DIRECTOR John Morris except in the manner approved by the Board Williams and Executive Assistant Debbie Brink of Governors. (1) The expenditures of the Association shall work of the Association is properly performed. be in accordance with the provisions of the He or she shall also perform such other duties Rules Creating and Controlling the Oklahoma as the House of Delegates, the Board of Gover- Bar Association as promulgated by the Oklaho- nors or the President of the Association may ma Supreme Court. direct. (2) The Executive Director shall maintain at all Rules Creating and Controlling the OBA, times a fidelity bond executed by a surety com- Article VI, Section 4: pany as surety, the amount thereof and the sure- The Executive Director shall perform such ty to be approved by the Board of Governors. duties and services as may be required by these (c) He shall supervise the office of the Associ- Rules or the Bylaws and as may be directed by ation and its personnel and shall see that the the Board of Governors or the President of the

92 The Oklahoma Bar Journal Vol. 88— No. 2 — 1/21/2017 Association. He shall also keep a complete • ensuring the bar center interior and exteri- and accurate list of the members of the Asso- or facilities are maintained so members ciation; notify delinquent members and certify can take pride in their building the names of delinquent members to the • maintaining and updating member roster Supreme Court as required by these Rules; information certify to the Supreme Court records and other matters as provided by these rules. • invoicing senior members and nonmem- bers for Oklahoma Bar Journal subscriptions Phone: 405-416-7014 • managing the Legal Intern Program • producing certificates of good standing for our members • processing expense claims for OBA officers, YLD officers and section and committee members • staffing bar center reception area • selling bar cards • processing incoming and outgoing mail Phone: 405-416-7000 Membership: 405-416-7080

ADMINISTRATION – (seated) Tracy Sanders, Roberta Yarbrough, Debra Jenkins, (standing) Director Craig Combs, Suzi Hendrix and Durrel Lattimore

Administration The responsibilities of the Administration Department are multifaceted, but its primary emphasis is handling finances, human re- sources, Annual Meeting planning, bar center operations and maintaining official member- ship information. Specific duties include: COMMUNICATIONS – Director Carol Manning, Laura Stone, Mackenzie McDaniel • scheduling bar center meeting rooms and Lacey Plaudis • coordinating and scheduling meetings utilizing videoconference equipment in Communications Oklahoma City and Tulsa The Communications Department has • assisting committees and sections with responsibility for the OBA’s member commu- mailings to their members nications and external public relations efforts. Areas of major emphasis are: • providing mailing labels of bar members to committees and sections • publishing 34 issues of the Oklahoma Bar Journal every year • tracking expenditures for all committees and sections • managing social media such as the OBA’s official Facebook page and Twitter account • providing monthly committee and section accounting reports upon request • contributing stories and information for the OBA website to keep members current • assisting the Law Day Committee in accomplishing extensive Law Day state-

Vol. 88— No. 2 — 1/21/2017 The Oklahoma Bar Journal 93 wide activities and community service and staff handles the continuous demand projects that generate significant positive for those materials to be mailed across public recognition for the legal profession the state • publishing the OBA Annual Meeting pro- • working with the Law Day Committee to gram and House of Delegates book and conduct statewide contests for Oklahoma promoting award winners, the meeting students, provide county Law Day chair- itself and election results persons with both event and promotion ideas for county celebrations, coordinate • developing and implementing a commu- the statewide Ask A Lawyer community nications strategy utilizing the medium of service project in which volunteer attor- videography to inform bar members and neys give free legal advice to people who the public call in, implement marketing strategies to More specific duties that benefit members promote the Ask A Lawyer free legal are: advice and produce a one-hour, interview- style TV program, in cooperation with • editing information submitted by and OETA (the state’s PBS affiliate) that shows about bar members for the FYI and Bench how lawyers work to improve the lives of & Bar Briefs section of the bar journal all Oklahomans • publishing the semimonthly E-News for The department also assists the Awards OBA members with email addresses Committee, Disaster Response and Relief • expediting information requests from the Committee, Lawyers Helping Lawyers As- news media sistance Program Committee, Law-related Education Committee and the Young Lawyers • issuing news releases about association Division. events • assisting OBA committees, sections and divisions in publicizing their projects to both members and the media • working with sections to publish short law articles related to the section’s focus • assisting sections and committees with placing and designing free ads in the bar journal to promote their activities to other members The department serves as a liaison for one board and several committees and assists in accomplishing their goals. Responsibilities include: • working with the 10-member Board of Editors that reviews articles submitted CONTINUING LEGAL EDUCATION – and plans for future theme-related Oklaho- (seated) Marley Harris, Director Susan Damron, ma Bar Journal issues; once articles are (standing) Gary Berger, Renee Montgomery and approved for publication, the staff has Mark Schneidewent responsibility of editing, proofreading and layout Continuing Legal Education • assisting the Communications Committee in its projects including overseeing the OBA/CLE is the state’s leading CLE provid- publication of 16 brochures on such topics er. The staff works hard to provide innovative, as divorce, landlord/tenant rights and timely and entertaining programs to meet all estate planning; brochures are distributed our members’ needs. Call Director of Educa- free as a community service to individu- tional Programs Susan Damron at als, libraries, nonprofit organizations, etc., 405-416-7028 with your program ideas.

94 The Oklahoma Bar Journal Vol. 88— No. 2 — 1/21/2017 Department services include: Through the Office of Ethics • developing and producing hundreds of Counsel, Oklaho- quality live seminars and webcasts ma Bar Associa- • offering group replays of the live seminars tion members can obtain informal • developing and producing on-demand guidance and and audio seminars, including webcast advisory interpre- encores tations of the rules • offering recent seminar publications in of professional hard copy or electronic format conduct. Respon- sibilities of the • developing and producing CLE at the ethics counsel OBA Annual Meeting include: • coordinating with the Management Assis- • answering tance Program to plan and facilitate the ETHICS COUNSEL – Joe Balkenbush ethics ques- annual Solo & Small Firm Conference tions from • assisting the Women in Law, Diversity OBA members and Professionalism committees with • researching and writing ethics materials conferences for the OBA website, CLE publications, • working with OBA officers to plan leader- seminars and the Oklahoma Bar Journal ship training for OBA members • preparing and presenting CLE programs • coordinating with various OBA sections in on the topics of ethics and professionalism the planning of OBA/CLE section cospon- • acting as a liaison to the Bench and Bar, sored CLE seminars Professionalism and Lawyers Helping • securing local and nationally recognized Lawyers committees and the Legal Ethics experts to present continuing legal educa- Advisory Panel tion programming in Oklahoma • monitoring the OBA diversion program • creating electronic forms to assist mem- and teaching related classes bers in various areas of law practice Phone: 405-416-7055 • providing online OBA/CLE registration and access to materials through MyOKBar Email: [email protected] • timely application of OBA/CLE atten- General Counsel dance credit to enable members to have an up-to-date view of accumulated OBA/ The Office of the General Counsel is CLE credit charged with the responsibility of: Phone: 405-416-7029 • reviewing and investigating allegations of Email: [email protected] lawyer misconduct or incapacity • reviewing and investigating allegations of Ethics Counsel the unauthorized practice of law The Office of Ethics Counsel is a member- • prosecuting violations of the Oklahoma ship service available only to OBA members. Rules of Professional Conduct It was created to assist members with conflict • administering the Clients’ Security Fund dilemmas, confidentiality questions, commu- nication concerns and other ethical inquiries In addition to these enumerated duties, the unique to the profession. The Office of Ethics Office of the General Counsel: Counsel is autonomous from and independent • serves as liaison to the OBA Board of Gov- of the Office of the General Counsel. Members ernors advising the governing group on seeking assistance with ethical questions are legal matters afforded an “attorney/client” relationship with the full expectation of confidentiality.

Vol. 88— No. 2 — 1/21/2017 The Oklahoma Bar Journal 95 GENERAL COUNSEL – (Seated) Debbie Maddox, General Counsel Gina Hendryx, Loraine Dillinder Farabow; (back row) Tommy Humphries, Steve Sullins and Katherine Ogden INFORMATION TECHNOLOGY – Director Robbin Watson, Brandon Haynie, Matt Gayle and Cheryl Corey

Information Technology The Information Technology Department is responsible for desktop computer support to staff, network management of internal serv- ers and externally accessible servers, web application development and maintenance, MyOKBar Communities management, devel- opment of association management system SUPPORT STAFF – Dieadra Florence, and database, network security, audio/visual Ben Douglas and Laura Brown support to staff, monitoring of evolving tech- nologies and assistance to all departments to utilize technology in their departments. The Information Technology Department’s func- tions are mostly of an internal nature; howev- er, services directly benefiting members are: • providing a community for each commit- tee and section for the purpose of commu- nicating with members easily and in a cost effective manner • maintaining a committee chairperson community and a section chairperson INVESTIGATORS – Sharon Orth, Jaime Lane, community to allow communication Krystal Willis and Tony Blaiser between the association and the chairs, as well as between the chairs themselves • processes and approves the registration • providing a website to include a mem- for attorneys from other jurisdictions bers-only section where members can • administers the trust account overdraft update roster information, pay dues, reg- notification program ister for CLE, review MCLE credits, etc. • promoting the association’s online pres- Phone: 405-416-7007 ence through the OBA website and vari- ous social media outlets

96 The Oklahoma Bar Journal Vol. 88— No. 2 — 1/21/2017 • providing free sign-up for the www. practice management and technology tips findalawyer.com lawyer referral service to Practice Management Advice Commu- nity in MyOKBar. Join this community to Phone: 405-416-7045 read these tips and download materials for your law office operations. Email: [email protected] • OBA-NET — This is an online community for the legal profession. Oklahoma law- yers post questions and brainstorm with other lawyers online. There are many files and forms available that have been uploaded by other OBA members. • Advice on law office software tools — OBA Practice Management Advisor Darla Jackson believes all lawyers would benefit from using practice management software (PMS) tools and digital client files Al- though she cannot recommend a single PMS product in a telephone conversation, she can help you narrow down your choices and answer some specific MANAGEMENT ASSISTANCE PROGRAM questions on features. Her direct line – Darla Jackson, Director Jim Calloway and is 405-416-7031. Nickie Day • Discounts on practice management books Management Assistance Program (and other ABA titles) — If you prefer to own a book rather than borrow it, your The OBA Management Assistance Program OBA membership entitles you to 15 per- focuses on helping Oklahoma lawyers with cent off the list price of any of the ABA’s the business side of their law practice. From more than 300 titles. Simply enter “basic training” for the new lawyer to provid- PAB9EOKB in the Discount Code ing management and technology advice for Number field when placing your the seasoned professional, the department has order on the ABA website. a wide array of information to assist every lawyer in every practice setting. • Jim Calloway’s Law Practice Tips Blog — Regular postings of internet tips, law • Free Telephone Hotline — The OBA-MAP practice tips and hot news in law office Department attempts to answer brief management and technology are available questions about management and technol- by visiting the blog website, subscribing ogy issues. The department number is to the email alerts or subscribing to the 405-416-7008. The toll-free number is 800- RSS news feed. Visit the blog at www. 522-8065. Advice provided is confidential. lawpracticetipsblog.com. • OBA Solo & Small Firm Conference — • Office “Health Checks” — These consul- Attend great CLE programs with national- tations take place in the lawyer’s office ly recognized experts, network with other on a fee for services basis. A wide range small-firm lawyers from across the state of management issues can be covered. and meet with small-firm friendly ven- Typically all staff and attorneys will be dors. Join us for the Solo & Small Firm involved both in group and individual Conference June 22-24, at the Choctaw interviews and the day will end outlining Casino Resort in Durant. a series of recommendations and setting • OBA-MAP Lending Library — Attorneys priorities. can borrow books on law practice man- • Free consultations at the bar center — agement and technology from the OBA- Any lawyer who is setting up a new prac- MAP Lending Library. tice or has encountered a difficult issue • MyOKBar Communities — Your practice that cannot be comfortably handled over management advisors regularly post law the telephone is welcome to schedule a

Vol. 88— No. 2 — 1/21/2017 The Oklahoma Bar Journal 97 free 45-minute appointment with the OBA-MAP director or the OBA practice management advisor. • Opening Your Law Practice Program — This free program consists of a one-day seminar, scheduled in Oklahoma City twice a year (spring and fall) and in Tulsa in the fall, to assist attorneys setting up new solo practices. A companion project is the “Starting a Law Practice Web Directory” which is available to anyone at www.okbar.org/members/map/ MANDATORY CONTINUING LEGAL StartingALawPractice. EDUCATION – Jan Thompson, Administrator Beverly Petry Lewis and Johnny Floyd • Oklahoma Bar Journal articles — Each theme issue of the Oklahoma Bar Journal contains Member services include: the regular column “Law Practice Tips” by • review seminars for possible MCLE OBA-MAP Director Jim Calloway. accreditation • Local Bar Presentations — The OBA-MAP • review requests for various teaching director and staff are available to speak at activities your county bar meetings or other orga- nized lawyer groups at no charge. • provide clarification of the Rules of the Oklahoma Supreme Court for Mandatory Phone: 405-416-7008 Continuing Legal Education for OBA members Mandatory Continuing Legal • maintain OBA members MCLE transcripts Education The OBA Mandatory Continuing Legal Edu- Phone: 405-416-7009 cation Department is the regulatory office Email: [email protected] concerned with the accreditation of all con- tinuing legal education programs and the compliance by all Oklahoma bar members with the MCLE requirement. Often confused with the CLE Department, the MCLE Depart- ment does not present CLE seminars. Mandatory Continuing Legal Education, a program adopted by the Oklahoma Supreme Court in 1986, establishes minimum require- ments for continuing legal education for Okla- homa attorneys. The program is administered Don’t know whom to contact? by the OBA Mandatory Continuing Legal If you need more information about which Education Commission, which consists of employees in a department to contact, check nine members, that has general supervisory the staff list at www.okbar.org/members/ authority over the rules and may adopt OBAstaff. You will find a list of OBA staff regulations consistent with the rules. members, a summary of their responsibilities Our goal is to assist OBA members to and their email address. receive the maximum CLE credit to which they are entitled.

98 The Oklahoma Bar Journal Vol. 88— No. 2 — 1/21/2017 Meet Your Bar Association Member Benefits By Laura Stone

id you know that every member of the OBA has access to a variety of free or discounted services and programs? DBenefits range from in-house OBA services like publica- tions and support, to top-ranking technology services like Fast- case and Citrix. There are even discounts from leading hotels and travel companies. Don’t miss out, take advantage of all the great partnerships available to you as an OBA member!

ONLINE SERVICES favorites saved on mobile devices equipped with the mobile app. To use Fastcase, go to E-News — Get the latest OBA news and www.okbar.org and click the link to sign into information to assist in your law practice your MyOKBar account using your username through this semimonthly e-newsletter. It is (OBA number) and pin. sent to members with an email address as part of their official roster information. HeinOnline — HeinOnline is the newest online research tool available for free to OBA members. Research archived Oklahoma Bar Jour- nals dating back to the very first issue from 1930. You can view, print or save as a PDF new! any article or entire issue, as well as use the easy search tools to find the article, topic or author you need. Access it directly by clicking the HeinOnline link on your main MyOKBar page. Fastcase — The OBA offers online legal OKBAR.org — The OBA website is your hub research as a free benefit to all OBA members. for all things OBA-related. Want to read the lat- The OBA has contracted with Fastcase to pro- est news, updates on special projects or about vide national coverage, unlimited usage, unlim- an upcoming CLE? This is your place to start. ited customer service and unlimited printing at Information is primarily geared for members, no cost to bar members as a part of their exist- but contains a great deal of information for the ing bar membership. MobileSync makes the public as well. Fastcase legal research even more powerful. It MyOKBar gives you the option to link your Fastcase — This members-only portion of account (via the Fastcase app) to your smart- the website is your portal for member services. phone or tablet. MobileSync automatically It is where members can update roster informa- syncs your activity history and saved favorites tion, pay annual dues, access the member direc- on any of the Fastcase applications, so no work tory and much, much more. Links have been is ever lost. When you log in, you will see your added to member benefits like HeinOnline for easier researching of archived Oklahoma Bar

Vol. 88— No. 2 — 1/21/2017 The Oklahoma Bar Journal 99 Journal issues, single-login access for Fastcase Oklahoma Find A Lawyer — The public can and front-page access to members’ committees, find lawyers by practice area and geographical sections and other important parts of their area through the OBA-maintained Oklahoma OBA membership. With the new platform, Find A Lawyer website at www.oklahoma members can now upload a photo and add findalawyer.com. OBA members are not auto- more detailed contact information, including matically listed but if you’d like to sign up, links to social media, to increase networking the system is being integrated into the new and communication between members. The MyOKBar and you’ll soon be able to do so link to log in is conveniently located on the through your account. Look for the easy sign- front page of the OBA website at www.okbar. up instructions in the coming weeks. If you org. have already selected to be included in the Find a Lawyer directory, you are still currently MyOKBar Communities — MyOKBar Com- listed and do not need to re-sign up. munities is the all-new message board and file- sharing service that allows members to help Speakers Bureau — The OBA Speakers each other through online Bureau is an automated online service connect- participation. To make it more ing schools and civic clubs with lawyers who convenient, MyOKBar Com- new! can speak on a number of important topics and munities links automatically issues. Lawyers may indicate the county or with your MyOKBar account, so your name, counties where they are willing to make pre- profile photo and other information will be sentations. Available resources include speech- synced. Access MyOKBar Communities through es, outlines and handouts prepared by the the link on your main MyOKBar account page. OBA’s Bench and Bar Committee on selected topics for presentation to public groups. Go to speakers.okbar.org to sign up. oba cle PUBLICATIONS Oklahoma Bar Journal — Thirty-four issues continuing legal education of the Oklahoma Bar Journal are published annu- ally. Issues include scholarly articles, court OBA CLE — Have you visited the OBA CLE opinions, substantive law, state bar news, pro- website lately? There you will find listings of fessional changes, member news, master calen- all our in-person seminars, live webcasts, web- dar of judicial and bar events and much more. cast encores and live audio programs. Six of It is free to active members or a $60 annual your 12-hour annual requirement can also be subscription (discounted rate for senior mem- met by watching on-demand programs at your bers and Oklahoma law students). Specially convenience, 24/7. Find all the options at printed binders to keep bar journals organized www.okbar.org/members/cle. OBA members on a shelf are available for $15.95 each by con- can also come to the bar center any time during tacting the Communications Department. Ac- regular business hours to watch a seminar cess issues online, including an archive of issues video of your choice and earn CLE, but please from 2005 to present, at www.okbar.org/mem- call Renee Montgomery at 405-416-7029 in bers/barjournal. An even better archive is Hei- advance to schedule. nOnline, an online research tool now free to OKMCLE.org — The MCLE Department has OBA members. Access from MyOKBar. launched a new website, www.OKMCLE.org. Continuing legal education materials — (Also available through the link on your Seminar materials and electronic form books MyOKBar main page.) This are available for purchase and are an afford- new website is the hub for all able way to get quality, state-specific practice things MCLE-related. Mem- new! aids on a wide variety of legal topics. Prices bers can check the rules for start at $40. A complete list of topics is avail- MCLE requirements, get able online, or stop by the CLE Department at applications for approval of programs and the Oklahoma Bar Center Monday through other forms, as well as view answers to fre- Friday, 8:30 a.m.-5 p.m., and review the selec- quently asked questions. Members also have tions. Electronic practice forms are also avail- the ability to view their transcript of CLE cred- able by chapter. Check out www.okbar.org/ its and, for the first time ever, review a list of all members/cle and click on the Publications tab. upcoming OKMCLE-approved programs.

100 The Oklahoma Bar Journal Vol. 88— No. 2 — 1/21/2017 Consumer information brochures — Pam- Book purchasing program — OBA members phlets on 15 topics covering commonly asked can receive a discount on American Bar Asso- questions to give to clients are sold to OBA ciation books through the OBA Management members at a minimal cost of $16 for 100. Bro- Assistance Program. Call 405-416-7008 for chure topics are: wills, probate, joint tenancy, details. home buying, tenant rights and duties, land- Lending library — Law practice manage- lord rights, divorce, small claims court, employ- ment books, video and audio tapes available ee rights, bankruptcy, trial juror information, for lawyers to check out and review. While lawyers and legal fees, advanced directive, there is no fee for checking out materials to criminal law and resolving conflicts and dis- take home, there is a $5 charge to mail the putes. As a community service, the OBA dis- materials to you. The complete list of materials tributes the brochures for free to courthouses is online at www.okbar.org/members/map. and libraries throughout the state. An online order form is available at www.okbar.org/ Ethics counsel — OBA ethics counsel is public/brochures. available to assist members with ethical ques- tions and inquiries on subjects such as con- Title Examination Standards — Produced flicts, confidentiality and client concerns. All by the OBA Real Property Law Section, this contact with ethics counsel is confidential per contains all the presently effective Oklahoma Oklahoma Law. Ethics counsel also presents Title Examination Standards and reflects all continuing education programs on the topics revisions. Available for $9 per copy or is free to of ethics and professionalism. Call 405-416- Real Property Section members. 7055 or email [email protected]. Find ethics tips PRACTICE MANAGEMENT AND and more information online at www.okbar. PROFESSIONALISM org/members/ethicscounsel. Young Lawyers Division — The YLD is a professional service network offering the chance to participate in community and bar- related programs. Lawyers of any age who have been in practice less than 10 years are automatically members. No dues are required. There are many YLD programs to get involved in and connect with members on Facebook at www.facebook.com/OBAYLD. Find their web- site at www.okbar.org/members/YLD. Practice management / technology hotline service — OBA members may contact the Free counseling services — Need help with Management Assistance Program (MAP) staff stress, depression or addiction? Call the Law- and the OBA director of technology for brief yers Helping Lawyers Assistance Program toll- answers about practical management and free at 800-364-7886. It’s strictly confidential technology issues, such as law office software, and available 24 hours a day. The OBA offers understanding computer jargon, staff and all bar members up to six hours of free counsel- personnel problems, software training oppor- ing. Plus, members can take advantage of free tunities, time management and trust account lawyer discussion groups that meet monthly in management. Call 405-416-7008. Oklahoma City. Program details and group discussion topics are at www.okbar.org/LHL. Office “health checks” — Get in-depth per- sonal or group consultations that take place in OBA sections — Twenty-six substantive law the lawyer’s office. Consultations may focus sections are available that offer professional on technology, office procedures or other areas development and networking. Experience pro- agreed upon by attorney and MAP director. fessional growth by learning from colleagues The fee is $500 per day plus mileage for small in your practice area and develop new con- law firms (five attorneys or less) or $750 per tacts. Benefits vary by section with a growing day for medium or larger firms (more than five number of sections holding midyear or quar- attorneys). Call 405-416-7008 to schedule. terly meetings that offer free or discounted CLE to section members. You’ll find a list of

Vol. 88— No. 2 — 1/21/2017 The Oklahoma Bar Journal 101 sections, their annual dues and a membership person or department directly. A list of depart- registration form in this issue. mental phone numbers is published in the Okla- homa Bar Journal on the masthead page, leave a County bar association and civic group voice message for the department you dial any speakers — The OBA officers, Board of Gover- time (nights and weekends too). You can also nors members and staff members are available find online a list of staff members, brief job (for the price of a meal) to speak at luncheons descriptions and links to their email addresses at and banquets on a wide variety of topics www.okbar.org/members/OBAstaff. including legislative issues, ethics, law office management and law practice tips. Call BlueJeans virtual meeting platform — New 405-416-7000 or 800-522-8065 to schedule. for this year, the OBA has contracted a new NETWORKING service called BlueJeans, a distance meeting service. With BlueJeans, members can join a Leadership opportunities — Boards, com- meeting from anywhere, moderate a meeting mittees, sections and commissions are some of from anywhere and even share documents to the volunteer opportunities that offer career everyone across all platforms, development and ways to network with other just like a face-to-face meet- attorneys and judges from across the state. ing. To start using this for new! Members may volunteer to serve on a commit- your committee or section tee at any time during the year. You can sign up meetings, contact the OBA committee and sec- for a committee online either through the front tion liaison Debra Jenkins at [email protected] page of your MyOKBar account or by clicking for more information. Read more online at on the Join a Committee link at the bottom of tinyurl.com/obabluejeans. the OBA homepage at www.okbar.org. Legislative services — The OBA’s executive Annual Meeting — When you attend Annual director works for adoption of legislative issues Meeting, you have the opportunity to partici- approved by the House of Delegates, and the pate in CLE programs, section and committee Legislative Monitoring Committee provides a meetings and take advantage of networking periodic legislative report highlighting the sta- opportunities with attorneys and judges from tus of selected bills during the session. The throughout the state. You can also have a voice report is published in the Oklahoma Bar Journal in determining the OBA’s legislative program and on the website while the Legislature is in and electing future state bar leaders. The 2017 session. Annual Meeting will be Nov. 1-3 at the Hyatt Regency Hotel in Tulsa. Meeting rooms at the bar center — The Oklahoma Bar Center has several room sizes to choose to accommodate small and large group meetings, client conferences and depositions. Free to members during weekday business hours, nominal fee for evenings. Toll-free phone number — OBA members who live outside the Oklahoma City metro calling area can place free calls to the Oklaho- Solo & Small Firm Conference / YLD Mid- ma Bar Center by dialing 800-522-8065 during year Meeting — There’s something for every- business hours, which connects you to our one at the Solo & Small Firm Conference, not receptionist (a real, live person — not a just solo practitioners. Obtain your 2017 CLE, machine) to direct your call to the proper per- network with dozens of Oklahoma lawyers son or department. and ask top national vendors about the latest OPTIONAL MEMBER SERVICES products and technology, all in a relaxed fami- ly setting. Mark your calendar for June 22-24 at ABA Retirement Funds — Does your retire- the Choctaw Casino Resort in Durant. ment plan offer no out-of-pocket expenses, professional fiduciary services, a broad range OTHER SERVICES of investment options and full-service admin- Direct dial and 24-hour messaging to OBA istration? The ABA Retirement Funds do! The staff members — Bypass waiting for the OBA ABA Retirement Funds Program has been pro- receptionist to answer your call by dialing a staff viding affordable 401(k) plans exclusively to

102 The Oklahoma Bar Journal Vol. 88— No. 2 — 1/21/2017 the legal community for more than 50 years. Colcord Hotel — A boutique hotel near The program’s bundled approach allows your Bricktown in downtown Oklahoma City, the firm to keep its focus on the success of the prac- Colcord Hotel offers OBA members discounted tice. We provide you with trustee, record keep- rates for a deluxe king or deluxe double room, ing, tax reporting, compliance testing, invest- superior corner king and the Colcord Suite. ment management and participant communi- Call the hotel at 866-781-3800 to make your cation services — all from a single source — at reservation and mention that you are an OBA no additional cost to your firm. Maybe it’s time member for the special discount, or make to find out what’s inside your 401(k). Call your reservation online at www.colcordhotel. 866‑812‑3580 for a free consultation or visit com utilizing the corporate rate; access code is www.abaretirement.com for more information. OKBR. OBA-sponsored insurance programs — Go Next — Go Next has been in business for Keep rates low through group buying power. 40 years and provides high-quality recreational For information about OBA programs for life, travel to destinations around the globe. Group health (employer-group and individual), indi- rates on trips are available to you, your family vidual disability, personal umbrella liability, and your friends. All trips include airfare from long-term care and other insurance plans, con- either Oklahoma City or Tulsa, accommoda- tact 300 Insurance Group (previously known as tions, transfers, breakfast buffet and other Beale Professional Services) at 405-521-1600 or amenities. See highlights of the current trip 800-530-4863; www.3000iG.com. For profes- offerings at www.GoNext.com. Call Go Next sional liability, Oklahoma Attorneys Mutual toll-free at 800-842-9023 for more information Insurance Co. is the only insurer owned by or reservations. OBA members. OAMIC can be reached at Hertz Car Rental — The OBA’s discount 405-471-5380 or 800-318-7505; www.oamic.com. number for Hertz car rental is CDP 0164851. To They also offer a broad range of court bonds use the service, call Hertz toll-free at 800-654- with more information at www.oklahoma. 3131 or visit www.hertz.com. onlinecourtbonds.com. Technology and Law Office Management Oklahoma Legal Directory — This official directory of OBA members provides addresses Citrix — OBA members can receive a 30-day and phone numbers, trial followed by a 10 percent discount on roster alphabetical and Citrix technology tools. Among these is the by county, includes secure cloud-based storage service, Citrix guide to county, state ShareFile. ShareFile provides an easy-to-use and federal offices plus email encryption solution, and Sharefile Busi- departments of the U.S. ness and Platinum plans offer Outlook inte- and Oklahoma govern- gration for one-touch encryption of either ment, complete digest entire emails or email attachments with no of courts, professional need for the recipient to download or install associations including any software. Other Citrix products include OBA officers, commit- RightSignature, ShareConnect and Podio. Go tees and sections. It is to www.tinyurl.com/obacitrix to sign up for published by Legal your 30-day trial and read more about avail- Directories Publishing able products. Co. in both hard-bound ($61 + shipping and sales tax) or electronic copies. Call 800-447-5375 ext. 2 to request order form or visit their website at www.legaldirectories.com. MEMBER DISCOUNTS Travel and Transportation Avis — The Oklahoma Bar Association can LawPay — The OBA endorses the LawPay offer you the use of its Avis car rental discount credit card processing services programs rates if you use the reference code A674000. designed for attorneys. Funds from each client Contact Avis toll-free at 800-831-8000 or www. credit card transaction may be either deposited avis.com. into client trust or operating account as the

Vol. 88— No. 2 — 1/21/2017 The Oklahoma Bar Journal 103 lawyer designates. All transaction fees are or are looking for the most deducted from the law firm operating account affordable shipping option, to simplify the trust account record-keeping. UPS understands the impor- Credit cards attract clients, win business, tance of reliability, speed and improve cash flow and reduce collections. To cost. See how UPS discounts learn more call 866-376-0950 or visit www. can help your bottom line. lawpay.com/oba. • Up to 34 percent on UPS Air letters includ- LawWare — Bar members may subscribe to ing UPS Next Day Air* the document assembly, document manage- • Up to 30 percent on UPS Air packages (1 ment and client management software pro- lb.+)* gram at a discounted group rate. Created by Oklahoma attorneys in 1991, LawWare stream- • Up to 32 percent on UPS International lines the process of organizing and generating imports and exports legal forms and related documents for law offices of any size. With the OBA endorsement, • Up to 16 percent on UPS Ground ship- members may subscribe to LawWare at a dis- ments counted rate of $49 per month for the first copy • Savings begin at 70 percent on UPS Freight and $10 per month for each additional office shipments over 150 lbs. copy. To inquire about LawWare or to order a subscription, call 866-LAW-WARE or visit You can receive these discounts even if you www.LawWare.com. already have a UPS account. Plus, the more you ship, the more you can save with UPS. To enroll Ruby Receptionists and start saving, visit savewithups.com/oba.

— Looking for a full- ® time receptionist for *Discounts exclude UPS Express Critical your law practice but and UPS Next Day Air Early A.M. worried about the WordPerfect — OBA members can purchase expense? Ruby Recep- a WordPerfect Office X8 (office suite for legal tionists may be the professionals) license at a reduced price; go to answer. Ruby Recep- goo.gl/f5lfz4. tionists is a virtual reception service based in Portland, Oregon. You can use their services full time, or you can get temporary help a few hours a day when you want to close for lunch or need someone to fill in when someone is out WordRake — Is your writing too “wordy” or sick. It’s a great solution for solo and small reliant on “legalese?” WordRake may be the firms; the service will screen, announce and solution for you. Developed for lawyers, the transfer calls, take messages, place outgoing software provides editing suggestions for clar- calls and more. To learn more, call 866-611-7829 ity and brevity. WordRake instantly edits docu- or visit www.callruby.com/okbar. Mention ments right in Microsoft Word, suggesting your OBA membership and receive a money- changes that eliminate unnecessary words and back guarantee trial and special pricing on phrases. OBA members receive a 10 percent your monthly plan. discount on the product. Download a free sev- en-day trial to check it out. The MS Word add- UPS — OBA members can use the UPS Sav- in is easy to install, and annual licensing plans ings Program. Make the most out of your offer increased savings based on subscription membership and take advantage of some of the duration. When you purchase, enter coupon most competitive rates available on shipping code OKBAR on the final purchase page to services with UPS. Whether you need your receive the special OBA member discount; documents or packages to arrive the next day www.wordrake.com.

104 The Oklahoma Bar Journal Vol. 88— No. 2 — 1/21/2017 Meet Your Bar Association Grow Your Network by Joining Ours!

tay connected with your association and your peers by join- ing the OBA on Facebook and Twitter! Get information on Sissues that affect you and the profession of law, see substan- tive articles from the Oklahoma Bar Journal and other law-related resources and stay in the know about upcoming community and member events. FACEBOOK TWITTER

/oklahomabar /oklahomabar association The OBA’s official The OBA’s official Twitter handle Facebook page /obacle /obacle Follow to stay up-to-date Get updates about on info about CLEs upcoming CLEs and deadlines

/obalre Do you have a comment about what we post or suggestions for Learn about the OBA law- what you’d like to see on our related education programs social media accounts? Email [email protected]. /obayld Keep up with the the OBA Young Lawyers Division

Vol. 88— No. 2 — 1/21/2017 The Oklahoma Bar Journal 105 Meet Your Bar Association OBA Sections

oining an OBA section provides a great opportunity to net- work and connect with lawyers who share a common practice Jarea. The investment in annual dues is minimal, and the ben- efits are huge. The perks of membership vary by section — including free or discounted CLE, and some sections publish member newsletters. The OBA supports 26 substantive law sec- tions that offer professional development and interaction. The following list of lawyers will serve in 2017 as section leaders:

Alternative Dispute Resolution Section A. Dan Woska, ADR Week 722 N. Broadway Avenue Larry B. Lipe, Chairperson Oklahoma City, OK 73102 Conner & Winters LLP 405-657-2271 4000 One Williams Center Tulsa, OK 74172-0148 John H. Graves, Immediate Past Chairperson 918-586-8512 2119 Riverwalk Dr., Suite 161 Moore, OK 73160 Clifford R. Magee, Vice Chairperson 405-684-6735 P.O. Box 701800 Tulsa, OK 74170 Appellate Practice Section 918-747-1747 Michael L. Brooks, Chairperson Charles C. Mashek, MD, JD, Secretary/Treasurer 7100 N. Classen Blvd., Ste. 300 1530 N. Harrison #243 Oklahoma City, OK 73116 Shawnee, OK 74804 405-840-1066 479-477-0754 Rob Ramana, Chairperson-Elect 517 N.W. 40th Oklahoma City, OK 73118 405-524-9871 Cullen D. Sweeney, Treasurer Crowe & Dunlevy PC 324 N. Robinson Ave., Ste. 100 Oklahoma City, OK 73102 405-235-7721 Virginia D. Sanders, Secretary OIDS-Capital Post-Conviction Division P.O. Box 926 Norman, OK 73070-0926 405-801-2770

106 The Oklahoma Bar Journal Vol. 88— No. 2 — 1/21/2017 Mark Koss, Immediate Past Chairperson Criminal Law P.O. Box 720804 Oklahoma City, OK 73172-0804 Megan Morgan Tilly, Chairperson 405-720-6868 1811 N.W. 19th Street Oklahoma City, OK 73106 Bankruptcy and Reorganization 405-323-9372 Section Robert Don Gifford, Chairperson-Elect Andrew R. Turner, Chairperson Gungoll Jackson Conner & Winters 101 Park Ave., Suite 1400 4000 One Williams Center Oklahoma City, OK 73102-5602 Tulsa, OK 74172-0148 405-778-4647 918-586-5711 Russ Cochran, Treasurer Ross Plourde, Chairperson-Elect 419 N.E. 38th Terrace 211 N. Robinson, 10th Floor Oklahoma City, OK 73105 Oklahoma City, OK 73102 405-521-2885 405-235-9621 Ricki J. Walterscheid, Secretary John B. Jarboe, Co-Treasurer OIDS-General Appeals Division 401 S. Boston, Suite 1810 P.O. Box 926 Tulsa, OK 74103-4018 Norman, OK 73070 918-582-6131 405-801-2727 Ellin Therese Buthod, Co-Treasurer P.O. Box 1347 Okmulgee, OK 74447-1347 918-549-7221 Timothy D. Kline, Secretary Corporate Tower, 13th Floor 101 N. Robinson Avenue Oklahoma City, OK 73102 405-235-4100 Charles Greenough, Immediate Past President McAfee & Taft Williams Center Tower II 2 W. 2nd Street, Suite 1100 Tulsa, OK 74103 918-587-0000 David T. McKenzie, Immediate Past Chairperson Business and Corporate Law 210 Park Avenue, Suite 3030 Armand Paliotta, Chairperson Oklahoma City, OK 73102 Hartzog, Conger, Cason & Neville 405-406-2771 201 Robert S. Kerr Ave., # 1600 Michael R. Wilds, Q & A Editor Oklahoma City, OK 73102-4216 BALA 405-235-7000 3100 E. New Orleans Street Jeffrey D. Hassell, Chairperson-Elect Broken Arrow, OK 74014 1100 ONEOK Plaza 918-449-6532 100 W. 5th Street Judge Douglas E. Drummond, Q & A Editor Tulsa, OK 74103-4217 Tulsa County Courthouse 918-595-4823 500 S. Denver Ave., #401 H. Wayne Cooper, Immediate Past Chairperson Tulsa, OK 74105 Doerner, Saunders, Daniel & Anderson LLP 918-596-5360 Two W. Second Street, Suite 700 Tulsa, OK 74103-3725 918-591-5228

Vol. 88— No. 2 — 1/21/2017 The Oklahoma Bar Journal 107 Benjamin C. Brown, Seminar Committee Mason Johnston, Young Lawyer Liaison Chair 3408 N.W. 163rd Street Oklahoma Indigent Defense System Edmond, OK 73013 P.O. Box 926 405-613-5775 Norman, OK 73070 405-801-2694 Cary L. Bartlow, Ph.D., Vocational Expert Liaison Trent H. Baggett, Legislative Committee Chair 5704 N. Rockwell Avenue 511 Chautauqua Bethany, OK 73008 Norman, OK 73069 405-848-6007 405-740-6963 Gary W. Jones, Social Chairperson Disability Law 1321 N. Robinson Oklahoma City, OK 73103 Miles L. Mitzner, Chairperson-OKC 405-236-1416 P.O. Box 5700 Edmond, OK 73083-5700 Roger B. Hale, Listserv Chairperson 405-348-3400 P.O. Box 333 Steve Troutman, Chairperson-Tulsa Ada, OK 74821 1350 S. Boulder Avenue, Suite 410 580-436-2300 Tulsa, OK 74119-3230 Energy and Natural Resources Law 918-587-0050 L. Mark Walker, Chairperson Braniff Building, Suite 100 324 N. Robinson Avenue Oklahoma City, OK 73102 405-235-7700 Eric C. Money, Chairperson-Elect 101 Park Avenue, Suite 1400 Oklahoma City, OK 73102 405-272-4710 Valery O. Giebel, Secretary/Treasurer 100 West 5th Street, Suite 900 Tulsa, OK 74103 918-581-5500 Dawson A. Brotemarkle, Budget Director Philip D. Ryan, Vice Chairperson 320 S. Boston Ave., Suite 200 4323 N.W. 63rd Street, Suite 110 Tulsa, OK 74103 Oklahoma City, OK 73116-1513 918-899-9480 405-528-4567 Heather Cupp, Immediate Past Chairperson Athlea M. Adkisson, Secretary/Treasurer 320 S. Boston Avenue, Suite 200 308 N.W. 13th Street, Suite 100 Tulsa, OK 74103-3708 Oklahoma City, OK 73103 918-594-0400 405-232-0555 Environmental Law Karen Nelson, Newsletter Editor Richard A. Nelson PC Robert D. Singletary, Chairperson P.O. Box 2345 3800 N. Classen Boulevard Edmond, OK 73083 Oklahoma City, OK 73118 405-844-0322 405-530-8803 Alex Forbes, CLE Chairperson Matthew A. Paque, Chairperson-Elect 1800 S. Midwest Boulevard Tenth Floor, Two Leadership Square Midwest City, OK 73110 211 North Robinson Avenue 405-733-1990 Oklahoma City, OK 73102 405-552-2386

108 The Oklahoma Bar Journal Vol. 88— No. 2 — 1/21/2017 Teena G. Gunter, Treasurer Clint T. Swanson, Co-Legislative Liaison 2800 N. Lincoln Boulevard 200 Reunion Center Oklahoma City, OK 73105 9 East Fourth Street 405-522-5997 Tulsa, OK 74103 To Be Announced, Secretary 918-856-3934 Matthew A. Caves, Immediate Past Chairperson Samantha Weyrauch Davis, Probate Practice P.O. Box 429 Manual Chairperson Anadarko, OK 73005-0429 320 S. Boston, Suite 200 405-247-4486 Tulsa, OK 74103-3706 918-594-0638 Estate Planning, Probate & Trust Donna J. Jackson, Website Development Emily Crain, Chairperson Chairperson The Allison Firm PLLC 10404 N. Vineyard Blvd., Ste. E 4812 East 81st Street, Suite 301 Oklahoma City, OK 73120 Tulsa, OK 74137 405-840-1874 918-492-4500 Dawn Desirae Hallman, Continuing H. Terrell Monks, Chairperson-Elect Education and Networking Chair Law Offices of Terrell Monks Hallman & Associates 1840 S. Douglas Boulevard 2230 McKown Drive Midwest City, OK 73130 Norman, OK 73072 405-733-8686 405-447-9455 Melissa Taylor, Treasurer 1407 E. 21st Street Dawn Hallman, Immediate Past Chairperson Tulsa, OK 74114 Hallman & Associates 918-630-9476 2230 McKown Drive Norman, OK 73072 405-447-9455 Family Law Allyson Dow, Chairperson 228 Robert S. Kerr Ave., Ste. 835 Oklahoma City, OK 73102 405-496-5768 Jeff Crites, Chairperson-Elect/CLE Chairperson 201 N. Grand Street, Ste. 400 Enid, OK 73701 580-242-4444 Kimberly Hays, Budget Chair 248 W. 16th Street A. Daniel Woska, Secretary Tulsa, OK 74119-4212 Woska Law Firm LLC 918-592-2800 Mezzanine 722 N. Broadway Monica Dionisio, Secretary Oklahoma City, OK 73102 16311 Sonoma Park Drive 405-657-2271 Edmond, OK 73013 405-705-5900 James “Jim” C. Milton, Co-Legislative Liaison Hall Estill Bradley K. Cunningham, Membership Chair 320 S. Boston Avenue 4000 One Williams Center Tulsa, OK 74103 Tulsa, OK 74172 918-584-6765 918-586-8960

Vol. 88— No. 2 — 1/21/2017 The Oklahoma Bar Journal 109 Luke Barteaux, Communications Committee 1630 S. Main St. Tulsa, OK 74119 918-585-1107 Lateesha Hunter, Social Committee – OKC P.O. Box 12742 Oklahoma City, OK 73157 405-534-2200 Brian R. Swenson, Social Committee – Tulsa 1719 East 71st Street Tulsa, OK 74136 Kimberly Hays, Section Leaders Council 918-481-5898 Liaison 248 W. 16th Street Practice Manual: Tulsa, OK 74119 Jon R. Ford 918-592-2800 One Grand Center 201 N. Grand, Suite 400 Luke Barteaux, Immediate Past Chairperson Enid, OK 73701-4341 1630 S. Main St. 580-234-0253 Tulsa, OK 74119 918-585-1107 Keith A. Jones 5801 E. 41st Street, Suite 300 Gary J. Dean, Past Chair Emeritus Tulsa, OK 74135-5628 208 S. Vann Street 918-770-4890 Pryor, OK 74361-5216 918-825-1676 Phil Tucker P.O. Box 601 Rees Evans, Historian Edmond, OK 73083-0601 501 N.W. 13th Street 405-348-1789 Oklahoma City, OK 73103-2203 405-232-4311 Trial Advocacy Institute: Phil Tucker David A. Tracy, Bylaws P.O. Box 601 320 S. Boston Avenue, Suite 1130 Edmond, OK 73083-0601 Tulsa, OK 74103-4700 405-348-1789 918-582-8001 Jon R. Ford Kimberly Hays, Annual Meeting Committee One Grand Center 248 W. 16th Street 201 N. Grand, Suite 400 Tulsa, OK 74119 Enid, OK 73701-4341 918-592-2800 580-234-0253 Amy Page, Suites Chair M. Shane Henry 3840 S. 103rd East Ave., Suite 109 906 South Cheyenne Tulsa, OK 74146 Tulsa, OK 74119 918-439-2424 918-585-1107 Monica Dionisio, Awards & Nominations Phil Tucker, Legislative Co-Chair 16311 Sonoma Park Drive P.O. Box 601 Edmond, OK 73013 Edmond, OK 73083-0601 405-705-5900 405-348-1789 Kimberly Hays, Policies & Procedures Manual 248 W. 16th Street Tulsa, OK 74119 918-592-2800

110 The Oklahoma Bar Journal Vol. 88— No. 2 — 1/21/2017 Noel Kristine Tucker, Legislative Co-Chair Roy John Martin, Legislative Subcommittee 2964 Via Esperanza Chairperson Edmond, OK 73013 3613 N.W. 56th Street, Suite 240 405-513-5750 Oklahoma City, OK 73112-4512 405-522-4665 Phil Tucker, ABA Liaison P.O. Box 601 Eric L. Johnson, Immediate Past Chairperson Edmond, OK 73083-0601 Hudson Cook LLP 405-348-1789 8524 S. Western, Suite 114 Oklahoma City, OK 73139 Noel Kristine Tucker, ABA Liaison 405-602-3812 2964 Via Esperanza Edmond, OK 73013 General Practice – Solo & Small Firm 405-513-5750 Ronald P. Lander, Chairperson Financial Institutions and Commercial P.O. Box 126 Law Section Tahlequah, OK 74465-0126 918-931-2681 Miles T. Pringle, Chairperson P.O. Box 21844 Ashley Brooke Forrester, Chairperson-Elect Oklahoma City, OK 73156 5913 Yale Drive 405-848-4810 Oklahoma City, OK 73162 405-974-1625 Jesse Sumner Jr., Vice Chairperson P.O. Box 21100 Frank A. Urbanic, Vice Chairperson Tulsa, OK 74121 19200 Pleasant Pointe Dr Luther, OK 73054 281-541-1882 Aaron Bruner, Secretary 316 S Highland RD Midwest City, OK 73110-2136 405-719-5285 Michael A. Whiting, Treasurer 316 S. Highland Road Midwest City, OK 73110 405-248-0965 Sonja R. Porter, Immediate Past Chairperson 620 N Robinson Ave., Ste 203 Oklahoma City, OK 73102-6217 405-650-4753 Alexa L. Mangum, Secretary/Treasurer Midfirst Bank Government & Administrative Law 501 N.W. Grand Blvd. Practice Oklahoma City, OK 73118 David A. Miley, Chairperson 405-767-7305 Okla. Dept. of Transportation Eric L. Johnson, Program Officer 200 N.E. 21st Street Hudson Cook LLP Oklahoma City, OK 73105-3204 8524 S. Western, Suite 114 405-521-2639 Oklahoma City, OK 73139 Melissa L. Blanton, Chairperson-Elect 405-602-3812 2915 N. Classen Blvd., Ste. 405 Bob Luttrell, Listserv Liaison Oklahoma City, OK 73106 McAfee & Taft 405-521-6600 211 N. Robinson Avenue, 10th Fl. Oklahoma City, OK 73102-7103 405-552-2291

Vol. 88— No. 2 — 1/21/2017 The Oklahoma Bar Journal 111 Yasodhara Mohanty Means, Treasurer Mary H. Richard, Immediate Past Chairperson Commissioners of the Land Office Corporate Tower, 13th Floor 204 N. Robinson, Suite 900 101 N. Robinson Avenue Oklahoma City, OK 73102 Oklahoma City, OK 73102 405-521-4076 405-951-4788 Tamar Scott, Secretary Indian Law Okla. Dept. of Transportation Chris Tytanic, Chairperson 200 N.E. 21st Street 10401 Highview Drive Oklahoma City, OK 73105 Oklahoma City, OK 73151 405-521-2635 405-406-1394 Michael Mannes, Past Chairperson Valery Giebel, Chairperson-Elect 538 N.W. 43rd Street Pray Walker Oklahoma City, OK 73118 100 West 5th Street, Suite 900 405-473-0352 Tulsa, OK 74103 918-581-5529 Health Law Jennifer N. Lamirand, Budget Officer Susan Walker, Chairperson Crowe & Dunlevy PC Williams Center Tower II 324 N. Robinson Ave., Suite 100 2 W. 2nd Street, Suite 1100 Oklahoma City, OK 73102-6417 Tulsa, OK 74103 405-235-7700 918-587-0000 Wilda Wahpepah, Secretary Stacy Brklacich, Chairperson-Elect Sheppard Mullin Richter & Hampton LLP 1100 ONEOK Plaza 2099 Pennsylvania Ave. NW, Ste. 100 100 W. 5th Street Washington, DC 20006-6801 405-321-2027 Tulsa, OK 74103-4217 918-595-4853 Deborah Reed, Immediate Past Chairperson Reed Legal PLLC 3101 N. Hemlock Circle, Suite 112 Broken Arrow, OK 74012 918-994-7051 Insurance Law Section Jon D. Starr, Chairperson McGivern & Gilliard P.O. Box 2619 Tulsa, OK 74101-2619 918-584-3391 Matthew B. Wade, Chairperson Elect Abel Law Firm The White House 900 Northeast 63rd Street Elizabeth Ann Scott, Budget Officer Oklahoma City, OK 73105 Braniff Building 405-239-7046 324 N. Robinson Ave., Ste. 100 Ryan C. Harper, Vice Chairperson Oklahoma City, OK 73102 P.O. Box 3647 405-234-3248 Tulsa, OK 74101 Stacy Brklacich, Secretary 918-629-8708 1100 ONEOK Plaza J. M. Scott Ryan, Treasurer 100 W. 5th Street 850 Boulder Towers Tulsa, OK 74103-4217 1437 S. Boulder Avenue 918-595-4853 Tulsa, OK 74119 918-749-5566

112 The Oklahoma Bar Journal Vol. 88— No. 2 — 1/21/2017 Jeffrey A. Curran, Secretary Juvenile Law Section GableGotwals One Leadership Square William McKinney, Chairperson 211 N. Robinson Avenue, Suite N1500 5905 N. Classen Court Oklahoma City, OK 73102 Oklahoma City, OK 73118 405-235-5500 405-713-6770 Ryan James Fulda, OBA Liaison Tsinena Thompson, Chairperson-Elect/ Schaffer Herring PLLC Treasurer 7134 S. Yale, Suite 300 800 N. Harvey, Suite 323 Tulsa, OK 74136 Oklahoma City, OK 73116 918-550-8120 405-232-4453 Michael L. Chitwood, Membership Liaison Melissa Scimeca, Secretary Angela D. Ailles and Associates 1404 Riders Mark One Benham Place Edmond, OK 73025 9400 N. Broadway Ext., Suite 500 405-905-6840 Oklahoma City, OK 73114 Valerie L. Baker, Immediate Past President 405-475-9707 Canadian County Childrens’ Justice Ctr. Intellectual Property 7905 East Highway 66 El Reno, OK 73036 Paul E. Rossler, President 405-264-5532 GableGotwals 1100 Oneok Plaza, 10th Floor Labor and Employment Law 100 W. Fifth Street Lauren W. Johnston, Chairperson Tulsa, OK 74103-4217 Leonard & Associates PLLC 918-595-4872 8265 S. Walker Michael H. Smith, Vice President Oklahoma City, OK 73139 Hall Estill 405-239-3800 100 N. Broadway, Suite 2900 C. Scott Jones, Vice Chairperson Oklahoma City, OK 73102-8865 Pierce, Couch, Hendrickson, Baysinger 405-553-2828 & Green Shawn M. Dellegar, Secretary/Treasurer 1109 N. Francis Avenue Crowe & Dunlevy Oklahoma City, OK 73106 500 Kennedy Building 405-235-1611 321 S. Boston Avenue Tulsa, OK 74103 918-592-9807 Zach Oubre, Director McAfee & Taft Two Leadership Square, 10th Floor 211 N. Robinson Avenue Oklahoma City, OK 73102-7103 405-235-9621 Ann M. Robl, Director David A. Warta, Treasurer 609 W. Sheridan Ave. Smolen, Smolen & Roytman PLLC Oklahoma City, OK 73102 701 S. Cincinnati Avenue 405-607-8600 Tulsa, OK 74119 Derrick W. Harvey, Director-at-Large/ 918-585-2667 Immediate Past President Amber L. Hurst, Secretary Harvey Law Hammons, Gowens, Hurst & Assoc. 100 W. Main Street, Suite 300 325 Dean A. McGee Avenue Ardmore, OK 73401 Oklahoma City, OK 73102 580-220-9374 405-235-6100

Vol. 88— No. 2 — 1/21/2017 The Oklahoma Bar Journal 113 Kelsie M. Sullivan, Immediate Past Yasodhara Mohanty Means, Secretary Chairperson Asst. General Counsel Richards & Connor Commissioners of the Land Office ParkCentre Building, 12th Floor 204 N. Robinson, Suite 900 525 South Main Street Oklahoma City, OK 73102 Tulsa, Oklahoma 74103-4509 405-521-4076 918-585-2394 Military & Veterans Law Law Office Management & Technology Amy K. Hart, Chairperson Elaine M. Dowling, Chairperson P.O. Box 4040 5500 N. Western, Suite 130 Bartlesville, OK 74006 Oklahoma City, OK 73118 918-336-5100 405-842-8005 Andi Atkinson, Chairperson-Elect Chip Eeds, Chairperson-Elect 17409 Cranbrook Road P.O. Box 1583 Edmond, OK 73012 Elk City, OK 73648 405-249-1659 580-225-1315 To Be Determined, Budget Officer Jody R. Nathan, Secretary/Treasurer Gisele K. Perryman, Secretary P.O. Box 702860 P.O. Box 30525 Tulsa, OK 74170-2860 Midwest City, OK 73140 918-592-7070 405-414-8098 Noel Tucker, Immediate Past Chairperson Andi Atkinson, CLE Chairperson 2964 Via Esperanza 17409 Cranbrook Road Edmond, OK 73013 Edmond, OK 73012 405-513-5750 405-249-1659 Litigation Stanley L. Evans, Immediate Past Chairperson David W. VanMeter, Chairperson 4108 N. Harvey Pwky. 600 N. Walker Avenue, Suite 101 Oklahoma City, OK 73118-8432 Oklahoma City, OK 73102 405-521-0323 405-228-4949 Real Property Law Renée DeMoss, Vice Chairperson Charis Ward-Gallas, Chairperson 100 W. 5th Street, Suite 1100 First American Title Insurance Co. Tulsa, OK 74103-4217 133 N.W. 8th Street 918-595-4800 Oklahoma City, OK 73102 John M. “Jake” Krattiger, Treasurer 405-552-7711 1 Leadership Sq. Michael J. McMillin, Chairperson-Elect 211 N. Robinson Avenue, Suite N1500 Munson & McMillin Oklahoma City, OK 73102-7144 247 N. Broadway 400-235-5500 Edmond, OK 73034-3707 Master Lawyers 405-513-7707 Ronald Main, Chairperson Zachary T. Ball, Treasurer 6634 S. New Haven Ball and Morse PLLC Tulsa, OK 74136 111 N. Peters Ave., Suite 440 918-742-1990 Norman, OK 73069 405-701-5355 To Be Determined, Chair-Elect J. Brandon Harvey, Secretary Charles R. Hogshead, Treasurer Field, Trojan & Harvey PLLC 4112 S. New Haven Place 106 W. Randolph Avenue Tulsa, OK 74135 P.O. Box 5676 918-851-0813 Enid, OK 73702 580-233-4625

114 The Oklahoma Bar Journal Vol. 88— No. 2 — 1/21/2017 Deborah Reed, Member-at-Large Sheppard F. “Mike” Miers Jr., Member- Reed Legal PLLC at-Large (East) P.O. Box 702385 GableGotwals Tulsa, OK 74170 100 W. 5th St., Suite 1100 918-728-1604 Tulsa, OK 74103-4217 Roberto Seda, Member-at-Large 918-595-4800 Ball and Morse PLLC Julie M. Holmes Chapel, IRS Liaison Officer 111 N. Peters Ave., Suite 440 55 North Robinson, Room 830 Norman, OK 73069 Oklahoma City, OK 73102 405-701-5355 405-982-6744 Kraettli Epperson, TES Committee Chairperson 50 Penn Place, Suite 1400 1900 N.W. Expressway Oklahoma City, OK 73118 405-848-9100 John B. Wimbish, TES Handbook Editor Riddle & Wimbish PC 5314 S. Yale, Suite 200 Tulsa, OK 74135 918-494-3770 Jared H. Harrison, Kingfisher, Immediate Past Chairperson Harrison & Mecklenburg Inc. Marjorie L. Runes Welch, State Liaison Officer 202 N. 6th Street 100 N. Broadway Ave., Suite 1500 Kingfisher, OK 73750-2705 Oklahoma City, OK 73102 405-375-6484 405-522-9460 Taxation Law Section W. Todd Holman, Immediate Past Chairperson Jesse C. Chapel, Chairperson Barber & Bartz P.C. Andrews Davis PC 525 S. Main, Suite 800 100 N. Broadway Avenue, Ste. 3300 Tulsa, OK 74103 Oklahoma City, OK 73102 918-599-7755 405-272-9241 Workers’ Compensation Elizabeth J. Field, Vice Chairperson 100 N. Broadway Avenue, Suite 1500 Jordan S. Ensley, Chairperson Oklahoma City, OK 73102 10441 S. Regal Boulevard 405-522-9460 Tulsa, OK 74133 918-970-2000 Peter T. Woodson, Treasurer Barber & Bartz PC William R. Emig, Chairperson-Elect 525 S. Main, Suite 800 201 Robert S. Kerr, Suite 800 Tulsa, OK 74103 Oklahoma City, OK 73102 918-599-7755 405-232-1456 Rachel Pappy, Secretary Raegan D. Sifferman, Treasurer Roderick H. Polston PC 1109 N. Francis 2424 Springer Drive, Suite 100 Oklahoma City, OK 73106 Norman, OK 73069 405-235-1611 405-801-2146 Jennifer E. Jackson, Immediate Past Chairperson Alan G. Holloway, Member-at-Large (West) 400 N. Walker Avenue, Suite 110 Two Leadership Square Oklahoma City, OK 73102 211 N. Robinson, 10th Floor 405-418-2083 Oklahoma City, OK 73102-7109 405-552-2344

Vol. 88— No. 2 — 1/21/2017 The Oklahoma Bar Journal 115 Interested in joining a section? Use this form if you’ve already paid your 2017 dues. If not, you can sign up online when you pay your dues at MyOKBar.org. OBA SECTION DUES **For new admits, section fees are waived for the remainder of the admitted year.**

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116 The Oklahoma Bar Journal Vol. 88— No. 2 — 1/21/2017 COURT NEWS

New Leaders Take Helm of Oklahoma’s Two Highest Courts

SUPREME COURT COURT OF CRIMINAL APPEALS

Chief Justice Vice Chief Justice Presiding Judge Vice Presiding Judge Douglas L. Combs Noma D. Gurich Gary L. Lumpkin David Lewis

Douglas L. Combs has been sworn in as chief Gary L. Lumpkin was elected presiding judge justice of the Supreme Court. Chief Justice of the Court of Criminal Appeals. Originally a Combs has been a member of the Oklahoma Su- native of Sentinel, Presiding Judge Lumpkin and preme Court since 2010. A native of Shawnee, he his wife subsequently established their home in received his J.D. from the OCU School of Law. Madill. He received his J.D. from the OU College of Law in 1974. Chief Justice Combs began his judicial career in 1995 as special judge for the 23rd Judicial Dis- Presiding Judge Lumpkin served as assistant trict, serving Pottawatomie and Lincoln coun- district attorney and subsequently first assistant ties. He was elected district judge in 2002 and district attorney for the 20th Judicial District, 2006, serving eight years before his appointment Marshall County associate district judge and to the state’s highest court. He and his wife, then district judge for the 20th Judicial District. Janet, have two sons who are also attorneys. He was appointed to the Oklahoma Court of Criminal Appeals in 1988. Noma D. Gurich has been sworn in as the vice chief justice of the Supreme Court. Vice Chief David Lewis now serves as vice presiding Justice Gurich has been a judge in Oklahoma for judge of the Court of Criminal Appeals. He pre- more than 25 years. She served on the Oklahoma viously served as presiding judge in 2013-2014. Workers’ Compensation Court and more than 12 Vice Presiding Judge Lewis was born in Ard- years as district judge for Oklahoma County more and earned his J.D. from the OU College of prior to her appointment to the Oklahoma Su- Law in 1983. After establishing a private practice preme Court. in Lawton, he subsequently served as an assis- A native of Indiana, Vice Chief Justice Gurich tant district attorney, special judge and ultimate- is only the third woman to serve on the state’s ly a district judge for Comanche, Stephens, Jef- highest appellate court. She received her J.D. ferson and Cotton counties. He was appointed from the OU College of Law and is married to to the Court of Criminal Appeals in 2005 and is John E. Miley, general counsel of the Oklahoma the first African American to serve on the court. Employment Security Commission.

Vol. 88— No. 2 — 1/21/2017 The Oklahoma Bar Journal 117 SCHOLARLY ARTICLE

EEOC Takes the Lead in Challenging Sexual Orientation Discrimination By Mary L. Lohrke and Jessica R. Fu

he Equal Employment Opportunity Commission (EEOC)1 is taking the lead in challenging workplace sexual orienta- Ttion2 discrimination. In EEOC v. Scott Medical Center,3 the EEOC filed suit under Title VII of the Civil Rights Act of 1964, as amended (Title VII), alleging that a gay male telemarketer was subjected to a sexually hostile work environment perpetuated by his manager. The EEOC’s complaint alleges that the manager repeatedly referred to the employee using anti-gay epithets and made inappropriate comments about his sexuality and his sexual relationship with his partner. The complaint further alleges that the employee reported the conduct to the company’s president, who refused to take action, forcing the employee to quit. The EEOC has taken the position that Title VII prohibits workplace discrimination on the basis of sexual orientation.4

The EEOC is also testing its interpretation in court” amicus brief supporting rehearing en the high-profile case Hively v. Ivy Tech Commu- banc10 and addressed the full panel during oral nity College, which is pending in the 7th Circuit.5 argument on Nov. 30, 2016. The Hively case was originally filed in the Sexual orientation is not explicitly listed in Northern District of Indiana in August 2014.6 Title VII as a prohibited basis for employment Hively claimed she was denied promotions and actions. The statute only prohibits discrimina- full-time employment by Ivy Tech because of tion against employees “because of … race, her sexual orientation. The lower court granted color, religion, sex, or national origin.”11 Fur- Ivy Tech’s motion to dismiss on the ground that ther, there is very little legislative history Title VII does not protect against sexual orienta- regarding the meaning of “because of sex,” as tion discrimination.7 A three-member panel of the original bill did not include a ban on sex the 7th Circuit affirmed the district court’s rul- discrimination and sex was added as a protect- ing on the same grounds.8 Hively moved for ed category to the bill just before it passed.12 rehearing en banc, and on Oct. 11, 2016, that Over the years, “because of sex” has been motion was granted. The 7th Circuit vacated its expanded by the courts to include a number of own prior ruling and ordered a new hearing previously unrecognized claims, but nearly before all sitting 7th Circuit judges — a rare every court that has addressed the issue, includ- occurrence.9 The EEOC filed a “friend of the

118 The Oklahoma Bar Journal Vol. 88— No. 2 — 1/21/2017 ing the 10th Circuit, has held that sexual orien- tation or gender identity22 says nothing about tation discrimination is not covered by Title what the existing statute prohibits. Quoting the VII.13 However, the EEOC has recently taken the Supreme Court, the EEOC argues, “[S]ubse- position that sexual orientation discrimination quent legislative history is a ‘hazardous basis is, by its very nature, discrimination “because for inferring the intent of an earlier’ Congress” of sex” and, therefore, prohibited by Title VII. and is “a particularly dangerous ground on In July 2015, the EEOC issued a ruling that a which to rest an interpretation of a prior statute federal sector employee claiming sexual orien- when it concerns … a proposal that does not tation discrimination necessarily stated a claim become law.”23 Since the mid-1990s, proposed of discrimination on the basis of sex under Title legislation would not simply have added sexu- VII.14 Following its decision, the EEOC updated al orientation discrimination to Title VII, but its website to clarify its interpretive position would have created stand-alone statutes with that Title VII protects both sexual orientation numerous other provisions, some of which were and gender identity (or transgender) discrimi- highly controversial.24 The EEOC argues that nation.15 The EEOC is now testing its interpreta- Congress’s failure to pass any of those bills tion in federal courts by challenging sexual shows only that a majority of legislators could orientation discrimination in the private sector. not agree on any single version of the provisions. The EEOC makes several good arguments Next, the EEOC argues that discrimination on that sexual orientation discrimination is a cog- the basis of sexual orientation is a form of gen- nizable claim under Title VII. First, the EEOC der stereotyping, which has long been recog- recognizes that sexual orientation discrimina- nized by the Supreme Court and lower courts tion was not considered by Congress when it as a form of sex discrimination.25 In Price Water- passed Title VII, but cites United States Supreme house v. Hopkins,26 the plaintiff was denied part- Court precedent extending the scope of the law nership in an accounting firm because her beyond its initial intent.16 For example, in 1986 employer perceived her as insufficiently femi- (24 years after Title VII was enacted), the nine. One partner advised the plaintiff that she Supreme Court, in Meritor Savings Bank, FSB v. could improve her chances for partnership if 17 Vinson, recognized that the statute’s prohibi- she would “walk more femininely, talk more tion against discrimination “because of sex” femininely, dress more femininely, wear make- encompasses hostile work environment sexual up, have her hair styled, and wear jewelry.”27 harassment. Twelve years later, the Supreme The Supreme Court held that such comments Court recognized a cause of action for same-sex indicated discrimination based on sex stereo- 18 harassment. types, which is illegal discrimination “because In Oncale v. Sundowner Offshore Services, Inc., a of sex” under Title VII.28 male oil-rig worker claimed that he was repeat- Applying Price Waterhouse, the majority of edly subjected to sex-related, humiliating courts that have considered the issue have actions by his male co-workers, including sod- recognized a Title VII cause of action for dis- omizing him with a bar of soap and threatening 19 crimination based on gender nonconformity him with rape. The Supreme Court in Oncale or discrimination against transgender per- unanimously interpreted Title VII’s prohibition sons.29 In Etsitty v. Utah Transit Authority,30 the on sex discrimination to cover same-sex harass- 10th Circuit held that Title VII protection ment even though the 1964 Congress probably 20 extends to transsexuals if they are discrimi- never considered such conduct. In so holding, nated against because of gender nonconfor- the court stated that statutes “often go beyond mity but determined that the plaintiff could the principal evil to cover reasonably compa- not demonstrate that the stated reason for her rable evils, and it is ultimately the provisions of termination was pretextual.31 Relying on Etsitty, our laws rather than the principal concerns of 21 an Oklahoma federal district court in United our legislators by which we are governed.” States of America and Dr. Rachel Tudor v. South- The EEOC argues that Title VII should be simi- eastern Oklahoma State University32 recently larly expanded to recognize sexual orientation refused to dismiss the plaintiff’s Title VII claim discrimination. where she alleged harassment following her The EEOC further argues that Congress’s fail- transition from male to female. The EEOC has ure to amend Title VII to include sexual orienta- taken a similar position. In Macy v. Holder,33 a tion or to pass other legislation that would transgender woman applied for a job with the prohibit discrimination based on sexual orien- Bureau of Alcohol, Tobacco, Firearms and

Vol. 88— No. 2 — 1/21/2017 The Oklahoma Bar Journal 119 one has had the most success with the courts, not only in the context of Title VII claims but The courts have not been also claims of sex discrimination under Title IX, the Due Process Clause and the Equal Protec- as amenable to sexual tion Clause.37 orientation discrimination claims, Finally, the EEOC argues that sexual orienta- tion discrimination is “associational discrimi- distinguishing such claims from nation on the basis of sex.”38 Title VII has long those based upon nonconformity been interpreted to prohibit discrimination on the basis of association with a person in a pro- e.g. with sexual stereotypes. tected class, because of the race of an employee’s friend or significant other.39 The EEOC reasons that Title VII similarly prohibits Explosives Agency (ATF). She was still known employers from treating employees differently as a male at that time, having not yet made the based on the fact that they are in a same-sex transition to being female. The director of the relationship. ATF made the plaintiff an offer of employment While only the United States Supreme Court contingent on a background check. The plaintiff can give a conclusive interpretation that sexual then informed the ATF that she was in the pro- orientation discrimination is protected under cess of transitioning from male to female. Five Title VII, the courts give great deference to the days later, the plaintiff received an email stating EEOC’s interpretation of the law.40 The EEOC’s that, due to budget reductions, the position was interpretation paves the way for federal courts no longer available. The EEOC held in Macy that and ultimately the Supreme Court to find that “discrimination against a transgender individual discrimination claims based on sexual orienta- because that person is transgender is, by defini- tion are cognizable under Title VII. This emerg- tion, discrimination ‘based on … sex,’ and such ing area of the law should be monitored, as it discrimination therefore violates Title VII.”34 has the potential to greatly expand employee 41 The courts have not been as amenable to protections in the workplace. In the meantime, sexual orientation discrimination claims, distin- employers should be proactive to ensure that guishing such claims from those based upon their managers and supervisors are trained to nonconformity with sexual stereotypes.35 How- avoid discrimination on the basis of sexual ori- ever, the EEOC argues that discrimination entation and to intervene when they see such based on sexual orientation is necessarily based harassment or discrimination, as they would on sex stereotyping. That argument has some when they see harassment or discrimination of appeal where the line between discrimination any kind. If conduct potentially giving rise to based on gender stereotyping and discrimina- sexual orientation discrimination is reported, tion based on sexual orientation is blurry and employers should take the complaint seriously, discrimination against gay people reflects, in investigate and take appropriate action. large part, disapproval of their nonconformity 1. The EEOC is the primary agency charged by Congress with with heterosexual attraction and gender-based enforcing Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e et seq. Through its administrative enforcement process, the EEOC expectations. receives, investigates and resolves charges of employment discrimina- tion filed against private sector employers, employment agencies, The EEOC also argues that discrimination on labor unions and state and local governments. 42 U.S.C. §2000e-5(b). the basis of sexual orientation “necessarily Where the charges are not resolved through conciliation or other infor- mal methods, the EEOC may pursue litigation. 42 U.S.C. §2000e-5(f) entails treating an employee less favorably (1). The EEOC also leads and coordinates equal employment opportu- because of the employee’s sex.”36 For example, nity efforts across the federal government and conducts administrative if an employer would not have discriminated if hearings and issues appellate decisions on complaints of discrimina- tion filed by federal employees. See Federal Agencies: Federal Sector, the employee was a man dating a woman, EEOC, www.eeoc.gov/federal/index.cfm. EEOC decisions are bind- instead of a woman dating a woman, then the ing on federal employers. 29 C.F.R. §1614.502. 2. According to the American Psychological Association, sexual employee was discriminated against because of orientation refers to the sex of those to whom one is sexually and her gender. Employers must treat men and romantically attracted and traditionally includes heterosexuality, bisexuality and homosexuality. See “The Guidelines for Psychological women equally when they engage in the same Practice with Lesbian, Gay, and Bisexual Clients,” adopted by the APA activity, even when that activity is a romantic Council of Representatives, Feb. 18-20, 2011, www.apa.org/pi/lgbt/ resources/guidelines.aspx. relationship with a person of the same gender. 3. EEOC v. Scott Medical Center, Case No. 2:16-cv-00225-CB, is filed Of all the theories advanced by the EEOC, this in the Western District of Pennsylvania. The defendants in the Scott

120 The Oklahoma Bar Journal Vol. 88— No. 2 — 1/21/2017 case filed a motion to dismiss, arguing that Title VII does not protect 29. See, e.g. Smith v. City of Salem, Ohio, 378 F.3d 566, 572, 575 (6th against discrimination based on sexual orientation. The district court Cir. 2004) (“Sex stereotyping based upon a person’s gender non- denied the motion to dismiss, holding that Title VII’s “because of sex” conforming behavior is impermissible discrimination …”); Kastl v. provision prohibits discrimination on the basis of sexual orientation. Maricopa Co. Cmty. Coll. Dist., 325 F. App’x. 492, 493 (9th Cir. 2009) (“it 4. The EEOC filed a second sexual orientation lawsuit in EEOC v. is unlawful to discriminate against a transgender (or any other) person Pallet Companies, Case No. 1:16-cv-00595-CCB, which was filed in the because he or she does not behave in accordance with an employer’s District of Maryland, Baltimore Division. However, that case was set- expectations for men or women”); Glenn v. Brumby, 663 F.3d 1312 (11th tled by Consent Decree entered on June 28, 2016. Cir. 2011) (holding that defendant discriminated against the plaintiff 5. Hively v. Ivy Tech Cmty College, Case No. 15-1720 (7th Cir.). based on sex by terminating her because she was transitioning from 6. Hively v. Ivy Tech Cmty College, Case No. 14-cv-01791-RL-CAN. male to female); Barnes v. City of Cincinnati, 401 F.3d 729 (6th Cir. 2005) 7. Id. at Dkt. #14. (holding that employee who alleged he was demoted because he was 8. Hively v. Ivy Tech Cmty College, 830 F.3d 698, 2016 WL 4039703 a male-to-female transsexual stated a claim under Title VII); Bibby v. (7th Cir. 2016). Philadelphia Coca Cola Bottling Co., 260 F.3d 257, 262-64 (3rd Cir. 2001) 9. Hively, Case No. 15-1720, Dkt. #60. (“[A] plaintiff may be able to prove that same-sex harassment was 10. Brief for the EEOC as Amicus Curiae filed Aug. 29, 2016, Hively, discrimination because of sex by presenting evidence that the harass- Case No. 15-1720, Dkt. #52. The EEOC has also filed amicus briefs in er’s conduct was motivated by a belief that the victim did not conform two cases pending before the three-judge panel in the 2nd Circuit and to the stereotypes of his or her gender.”); see also Rosa v. Parks W. Bank the Eleventh Circuit. See Brief for the EEOC as Amicus Curiae filed & Trust Co., 214 F.3d 213 (1st Cir. 2000) (analogizing to Title VII to hold June 28, 2016, Christiansen v. Omnicom Group, Inc., www.eeoc.gov/ that plaintiff stated a claim of sex discrimination under the Equal eeoc/litigation/briefs/christiansen, and Brief for the EEOC as Amicus Credit Opportunity Act by alleging he was denied a loan application Curiae filed Jan. 11, 2016, Evans v. Georgia Regional Hospital, www.eeoc. because he dressed in female attire); Schwenck v. Hartford, 204 F.3d 1187, gov/eeoc/litigaiton/briefs/evans4. 1201-02 (9th Cir. 2000) (relying on Title VII case law to conclude that 11. 42 U.S.C. §2000e-2(a)(1). Similarly, the Oklahoma Anti-Discrim- violence against a transsexual was violence because of gender under ination Act prohibits discrimination “because of race, color, religion, the Gender Motivated Violence Act); but see Schroer v. Billington, 424 F. sex, national origin, age, genetic information or disability.” 25 O.S. Supp. 2d 203 (D.D.C. 2006) (dismissing case because employee did not §§1301, et seq. allege that she was fired for not being typically masculine or typically 12. Robert Stevens Miller Jr., “Sex Discrimination and Title VII of feminine as required for sex-stereotyping claim, but noting that it was the Civil Rights Act of 1964,” 51 Minn. L. Rev. 877, 880 (1967). Appar- time to “revisit” the theory that discrimination because someone is a ently, “sex” was added at the last minute as a strategy to prevent pas- transsexual is “literally” discrimination “because of … sex”). sage of the bill. See id., n. 15, at 883. Of course, this strategy failed. 30. 502 F.3d 1215 (10th Cir. 2007). 13. See e.g. Medina v. Income Support Div., N.M., 413 F.3d 1131, 1135 31. See id. at 1224. (10th Cir. 2005) (“Title VII’s protections … do not extend to harassment 32. 2015 WL 4606079 (W.D. Okla. July 10, 2015). due to a person’s sexuality.”); Simonton v. Runyon, 232 F.3d 33, 35 (2d 33. Macy v. Holder, EEOC Appeal No. 0120120821 (April 20, 2012), Cir. 2000) (“The law is well-settled in this circuit and in all others to www.washingtonblade.com/content/files/2012/04/90910497-EEOC- have reached the question that … Title VII does not prohibit harass- Ruling.pdf. ment or discrimination because of sexual orientation.”); Wrightson v. 34. In addition, the Department of Justice recently filed suit against Pizza Hut of Am., Inc., 99 F.3d 138, 143 (4th Cir. 1996) (“Title VII does the State of North Carolina, alleging that House Bill 2, which requires not afford a cause of action for discrimination based upon sexual ori- transgender persons to use the bathroom that conforms with the gen- entation.”); Williamson v. A.G. Edwards & Sons, Inc., 876 F.2d 69, 70 (8th der on their birth certificate, constitutes a “pattern or practice of Cir. 1989) (“Title VII does not prohibit discrimination against homo- employment discrimination on the basis of sex in violation of Title VII sexuals.”); DeSantis v. Pacific Tel. & Tel. Co., 608 F.2d 327, 329-330 (9th … discrimination on the basis of sex in an education program receiving Cir. 1979) (“[W]e conclude that Title VII’s prohibition of ‘sex’ discrimi- federal funds in violation of Title IX … and discrimination on the basis nation applies only to discrimination on the basis of gender and of sex and gender identity in programs receiving federal funds in vio- should not be judicially extended to include sexual preference such as lation of the Violence Against Women Reauthorization Act of 2013.” U.S. homosexuality.”) (citing cases). v. North Carolina, Case No. 1:16-cv-00425 filed May 9, 2016, in the Middle 14. See Baldwin v. Dep’t of Transp., EEOC Appeal No. 0120133080 District of North Carolina, www.justice.gov/opa/file/849991/down- (July 15, 2015), www.eeoc.gov/decisions/0120133080.pdf. Additional- load. On May 13, 2016, the Department of Justice issued guidance to all ly, the EEOC, in conjunction with the Office of Personnel Management, schools receiving federal funds regarding their obligations to transgen- the Office of Special Counsel and the Merit Systems Protection Board, der students under Title IX. See Dear Colleague Letter on Transgender Stu- has issued guidance addressing sexual orientation and gender identity dents, DOJ, www.justice.gov/opa/file/850986/download. discrimination in the federal sector. See Addressing Sexual Orientation 35. See e.g. Dawson v. Bumble & Bumble, 389 F.3d 211, 219 (2nd Cir. and Gender Identity Discrimination in Federal Civilian Employment, A 2005) (“Like other courts, we have therefore recognized that a gender Guide to Employment Rights, Protections, and Responsibilities, www.opm. stereotyping claim should not be used to bootstrap protection for sex- gov/LGBTGuide. Further, the Obama administration issued Executive ual orientation into Title VII.”) (internal quotation marks omitted); Order 13672, prohibiting federal contractors from discriminating on Vickers v. Fairfield Med. Ctr., 453 F.3d 757, 763 (6th Cir. 2006) (dismissing the basis of sexual orientation and gender identity. 79 Fed. Reg. 42971, sex-stereotyping claim where plaintiff alleged he was harassed because www.gpo.gov/fdsys/pkg/FR-2014-07-23/pdf/2014-17522.pdf. his perceived sexual practices did not conform to traditionally mascu- 15. See What You Should Know About EEOC and the Enforcement Pro- line roles but he “failed to allege that he did not conform to traditional tections for LGBT Workers, EEOC, www.eeoc.gov/eeoc/newsroom/ gender stereotypes in any observable way at work”; the court noted wysk/enforcement_protections_lgbt_workers.cfm. that recognition of plaintiff’s claim “would have the effect of de facto 16. EEOC Hively Brief, supra, n. 10, at p.9. amending Title VII to encompass sexual orientation as a prohibited 17. 477 U.S. 57, 66, 106 S.Ct. 2399, 2405 (1986). basis for discrimination”); but see Heller v. Columbia Edgewater Country 18. See Oncale v. Sundowner Offshore Servs., Inc., 523 U.S. 75, 79-80, Club, 195 F. Supp. 2d 1212 (D. Ore. 2002) (refusing to dismiss claim 118 S.Ct. 998, 1002 (1998). where jury could find that employee was harassed and ultimately 19. Oncale v. Sundowner Offshore Servs, Inc., 83 F.3d 118, 118-119 (5th discharged because she did not conform to the stereotype that women Cir. 1996). should be attracted to and date only men). 20. Oncale, 523 U.S. at 79, 118 S.Ct. 1002. 36. EEOC Hively Brief, supra n. 10, at p. 5. 21. Id. 37. See e.g. Hall v. BNSF Ry. Co., 2014 WL 4719007 (W.D. Wash. Sept. 22. Jody Feder and Cynthia Brougher, Sexual Orientation and Gender 22, 2014) (refusing to dismiss sex discrimination claim where employee Identity Discrimination in Employment: A Legal Analysis of the Employ- argued that he was denied the spousal health benefit for his male ment Non-Discrimination Act (ENDA), Cong’l Res. Serv., July 15, 2013, spouse while female employees received the benefit); Heller, 195 F. www.fas.org/sgp/crs/misc/R40934.pdf. Supp. 2d at 1223 (D. Or. 2002) (“One way (but certainly not the only 23. EEOC Hively Brief, supra n. 10, at ps. 9-10 (citing Pension Benefit means) of [proving conduct is discriminatory] is to inquire whether the Guar. Corp. v. LTV Corp., 496 U.S. 633, 650, 110 S.Ct. 2668, 2678 (1990)). harasser would have acted the same if the gender of the victim had 24. See Kate B. Rhodes, Defending ENDA: The Ramifications of Omit- been different. A jury could find that [the plaintiff’s manager] would ting the BFOQ Defense in the Employment Non-discrimination Act, 19 Law not have acted as she (allegedly) did if plaintiff were a man dating a & Sexuality 1, *8-11 (2010) (describing ENDA congressional history). woman, instead of a woman dating a woman.”) (internal citations 25. EEOC Hively Brief, supra n. 10, at p.7. omitted); see also Videckis v. Pepperdine Univ., 100 F. Supp. 3d 927, 937 26. 490 U.S. 228, 109 S.Ct. 1775 (1989). (C.D. Cal. 2015) (“[D]iscrimination based on a same-sex relationship 27. Id. at 235, 109 S.Ct. at 1782. could fall under the umbrella of sexual discrimination even if such 28. See id. discrimination were not based explicitly on gender stereotypes. For

Vol. 88— No. 2 — 1/21/2017 The Oklahoma Bar Journal 121 example, a policy that female basketball players could only be in rela- tionships with males inherently would seem to discriminate on the About The AuthorS basis of gender.”); Lawson v. Kelly, 58 F. Supp. 3d 923 (W.D. Mo. 2014) (holding that ban on same-sex marriage created gender classification that violated equal protection and due process). Mary L. Lohrke is a partner 38. EEOC Hively Brief, supra n. 10, at p. 6. with the Tulsa firm of Titus Hillis 39. See e.g. Holcomb v. Iona College, 521 F.3d 130, 139 (2nd Cir. 2008) (recognizing associational race claim of plaintiff in interracial mar- Reynolds Love. She exclusively riage); Drake v. Minnesota Min. & Mfg. Co., 134 F.3d 878 (7th Cir. 1998) practices employment law. She (holding that a white employee may sue under Title VII for discrimina- tion against him resulting from his friendship with black co-workers). represents employers before state 40. See McDonald v. Santa Fe Trail Transp. Co., 427 U.S. 273, 279, 96 S. and federal courts and administra- Ct. 2574, 2578 (1976). 41. It is uncertain what a Trump administration will mean for this tive agencies in disputes involving developing area of the law. The Trump administration will have the discrimination, harassment, rea- opportunity to appoint new commissioners and general counsel for sonable accommodation, wrongful termination and the EEOC and to fill more than 100 federal judgeships that are cur- rently vacant, including at least one on the Supreme Court. The new wage and hour issues. She routinely provides preventive president can also rescind any executive orders that may have extend- counseling and training on all employment topics and ed protections based on sexual orientation. All of this, along with the appointment of the current attorney general nominee, Jeff Sessions, serves as an adjunct settlement judge for employment who has a well-documented history of opposing protections for sexual cases in the Northern District of Oklahoma. orientation, may affect this area of law moving forward.

Jessica R. Fu is an attorney in Tulsa who primarily practices civil litigation, including employment law. She graduated with highest honors from the TU College of Law in 2011 and was named to the Order of the Curule Chair.

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122 The Oklahoma Bar Journal Vol. 88— No. 2 — 1/21/2017 SCHOLARLY ARTICLE

The Defend Trade Secrets Act: Is It a Game Changer? By Derek B. Ensminger

rade secrets are the commercially valuable designs, pro- cesses, techniques and other forms of information kept “Tconfidential by companies because, by virtue of their secrecy, they give companies an edge in a competitive market- place.”1 According to expert testimony provided to the United States House Judiciary Subcommittee on Courts, Intellectual Property and the Internet, “[t]rade secrets are an integral part of a company’s competitive advantage in today’s economy, and with the increased digitization of critical data and increased glob- al trade, this information is highly susceptible to theft.”2

“Unlike other types of intellectual property, Although the DTSA incorporates much of which are primarily protected under Federal the UTSA’s substance, the new federal law has law, trade secrets [have been] primarily gov- some notable procedural and substantive erned by State law.”3 Indeed, some version of nuances that may significantly affect trade the Uniform Trade Secrets Act (UTSA) has been secret litigation. Additionally, employers adopted in most states,4 including Oklahoma.5 should beware of a unique notice mandate in The UTSA’s supremacy over trade secret pro- the DTSA. tection was diminished May 11, 2016, however, BASIC PROCEDURAL IMPLICATIONS when President Obama signed the Defend Trade Secrets Act (DTSA), which establishes The DTSA does not pre-empt state law9 such for the first time a federal civil cause of action as Oklahoma’s UTSA (OUTSA) and other state for trade secret misappropriation.6 According versions of the UTSA. Thus, claimants now to Congress, the new sheriff in town is war- have the option to utilize one or both of the ranted because “[w]hile 48 states have adopt- statutes. Like the OUTSA,10 the DTSA has a ed variations of the UTSA, the state laws vary three-year limitation period.11 in a number of ways and contain built-in limi- The most obvious procedural implication of tations that make them not wholly effective in the DTSA is that it establishes federal question a national and global economy.”7 The legisla- jurisdiction for trade secret misappropriation tive intent is to “provide a single, national cases.12 As a result, it is possible that federal — standard for trade secret misappropriation rather than state — courts will become the with clear rules and predictability for every- primary forum for trade secret cases. At a one involved.”8

Vol. 88— No. 2 — 1/21/2017 The Oklahoma Bar Journal 123 minimum, litigants will have added procedur- (A) acquisition of a trade secret of another al considerations and options. by a person who knows or has reason to know that the trade secret was acquired by DEFINITIONS improper means; or The DTSA incorporates the pre-existing defi- (B) disclosure or use of a trade secret of nition of “trade secret” under the Federal Eco- another without express or implied con- nomic Espionage Act (EEA), a federal criminal sent by a person who — prohibition on trade secret misappropriation. Under that definition, information is a pro- (i) used improper means to acquire tected trade secret if: knowledge of the trade secret; (A) the owner thereof has taken reasonable (ii) at the time of disclosure or use, knew measures to keep such information secret or had reason to know that the knowl- and edge of the trade secret was — (I) derived from or through a person who had used (B) the information derives independent improper means to acquire the trade economic value, actual or potential, from secret; (II) acquired under circumstances not being generally known to, and not giving rise to a duty to maintain the being readily ascertainable through proper secrecy of the trade secret or limit the use means by, another person who can obtain of the trade secret; or (III) derived from economic value from the disclosure or use or through a person who owed a duty to of the information.13 the person seeking relief to maintain the The OUTSA includes the same definition.14 secrecy of the trade secret or limit the use of the trade secret; or However, the EEA definition adopted by the DTSA also explains that protected trade secret (iii) before a material change of the posi- information includes: tion of the person, knew or had reason to know that — (I) the trade secret was a [A]ll forms and types of financial, business, trade secret; and (II) knowledge of the scientific, technical, economic, or engineer- trade secret had been acquired by acci- ing information, including patterns, plans, dent or mistake.20 compilations, program devices, formulas, designs, prototypes, methods, techniques, Both statutes also define improper means as processes, procedures, programs, or codes, “theft, bribery, misrepresentation, breach or whether tangible or intangible, and wheth- inducement of a breach of a duty to maintain er or how stored, compiled, or memorial- secrecy, or espionage through electronic or ized physically, electronically, graphically, other means.”21 However, the DTSA definition photographically, or in writing.15 also states that improper means “does not include reverse engineering, independent In contrast, the OUTSA definition merely states derivation, or any other lawful means of that trade secret information can include “a acquisition.”22 The OUTSA does not include formula, pattern, compilation, program, device, this exclusionary language.23 method, technique or process.”16 The DTSA’s wide-ranging language — specifically the lan- REMEDIES guage expressly protecting intangible informa- Injunctive relief is available under the DTSA.24 tion and rejecting any rigid storage requirements Additionally, “[i]f determined appropriate, a — arguably offers broader trade secret protec- court may require affirmative actions to be tion than the OUTSA. taken to protect the trade secret, and, in excep- “The [DTSA’s] definition of misappropria- tional circumstances that render an injunction tion is modeled on the [UTSA], versions of inequitable, may condition future use of the which have been adopted by 48 states.”17 Con- trade secret upon payment of a reasonable roy- gress “intentionally used this established defi- alty for no longer than the period of time for nition to make clear that [the DTSA] is not which such use would have been prohibited.”25 intended to alter the balance of current trade Injunctive relief under the DTSA is subject to secret law or alter specific court decisions.”18 two caveats. The first relates to the doctrine of And so, like the OUTSA,19 the DTSA defines inevitable disclosure, which states “a plaintiff misappropriation as: may prove a claim of trade secret misappro-

124 The Oklahoma Bar Journal Vol. 88— No. 2 — 1/21/2017 priation by demonstrating that defendant’s directly from the UTSA,36 and the same dam- new employment will inevitably lead him to ages are available under the OUTSA.37 rely on the plaintiff’s trade secrets.”26 This rule CIVIL SEIZURES AND DIGITAL has obvious consequences concerning employ- SAFEGUARDS ee mobility. As a result, “courts interpreting State trade secret laws have reached different The most significant substantive aspect of conclusions on the applicability of the inevitable the DTSA is its authorization of an entirely new disclosure doctrine.”27 To protect jurisdictions means of protection — ex parte seizure orders.38 that have expressly rejected the doctrine of The DTSA expressly cautions that ex parte sei- inevitable disclosure, the DTSA states that an zure orders are only for “extraordinary circum- injunction for actual or threatened misappropri- stances.”39 Congress included this provision ation cannot hinder employment mobility, and “to be used in instances in which a defendant any “conditions placed on such employment is seeking to flee the country or planning to shall be based on evidence of threatened misap- disclose the trade secret to a third party imme- propriation and not merely on the information diately or is otherwise not amenable to the the person knows.”28 enforcement of the court’s orders.”40 However, the second caveat states that an A court may not issue an ex parte seizure injunction cannot “conflict with an applicable order unless the applicant has clearly shown: State law prohibiting restraints on the practice 1) a temporary restraining order of a lawful profession, trade, or issued pursuant to Federal Rule business.”29 Likewise, according of Civil Procedure 65(b) would to the DTSA’s legislative materi- be inadequate because the party als, “if a State’s trade secrets law For the most to which the order would be authorizes additional remedies, issued would evade, avoid, or those State-law remedies will still part, the DTSA’s otherwise not comply with it; 2) be available.”30 Thus, an injunc- injunctive relief immediate and irreparable inju- tion enjoining a former employee ry will occur if the seizure is not “based on the information pos- provisions are the ordered; 3) the harm to the appli- sessed by the employee alone” cant of denying the application may be permissible if sanctioned same as the outweighs the harm to the legiti- by applicable state law.31 corresponding mate interests of the person For the most part, the DTSA’s against whom the seizure is injunctive relief provisions are provisions in the ordered and substantially out- the same as the corresponding OUTSA. weighs the harm to any third provisions in the OUTSA.32 In- parties; 4) the applicant is likely deed, Congress intended to copy to succeed in showing that the the equitable provisions in the person against whom the seizure UTSA.33 The only distinction, of course, is the is ordered misappropriated the trade secret DTSA’s language specifically protecting em- by improper means, or conspired to misap- ployee mobility, individual knowledge and propriate the trade secret by improper state laws. means, and is in actual possession of it and any property to be seized; 5) the applicant Regarding monetary damages, the DTSA describes with reasonable particularity the expressly permits 1) actual damages; 2) unjust matter to be seized and, to the extent rea- enrichment damages; 3) a reasonable royalty in sonable, identifies the location where the lieu of damages measured by other methods; 4) matter is to be seized; 6) the person against for willful and malicious misappropriation, whom the seizure would be ordered, or exemplary damages not to exceed two times those working in concert with that person, the amount of compensatory damages and 5) would destroy, move, hide, or otherwise reasonable attorney fees to the prevailing party make such matter inaccessible if the appli- for willful and malicious misappropriation or cant were to provide that person notice; bad faith conduct.34 The legislative intent was and 7) the applicant has not publicized the not “to encourage the use of reasonable royal- requested seizure.41 ties to resolve trade secret misappropriation.”35 The DTSA’s damages provisions were drawn A court issuing an ex parte seizure order must “minimize any interruption to the business

Vol. 88— No. 2 — 1/21/2017 The Oklahoma Bar Journal 125 operations of third parties, protect the seized damages or attorney fees in a DTSA civil action property from disclosure, and set a hearing against an un-notified employee.54 date at the earliest possible time and not later THE BOTTOM LINE than 7 days after the order has issued.”42 The obvious significance of the DTSA is that Although the ex parte seizure order is a sig- it opens up the federal courts to civil actions nificant tool, claimants should proceed with for trade secret misappropriation. Although caution as the DTSA also 1) “provides that a the DTSA’s substance largely mirrors the person who suffers damage by reason of a OUTSA, practitioners and companies should wrongful or excessive seizure has a cause of be mindful of the new substantive protections action against the applicant … to recover dam- created by the DTSA, namely ex parte seizure ages, including punitive damages, and reason- orders and the accompanying digital protec- able attorney’s fees”43 and 2) directs the court to tions. Additionally, employers desiring full- require an applicant “to provide the security trade secret protection under the DTSA should determined adequate by the court for the pay- be aware of its immunity notice obligations. ment of the damages that any person may be entitled to recover as a result of a wrongful or Since the DTSA does not pre-empt state laws excessive seizure or a wrongful or excessive like the OUTSA, claimants have the flexibility attempted seizure.”44 to make claims under one or both statutes. Depending on the circumstances, a claimant’s The DTSA also includes some unique digital desired forum and/or remedies may guide safeguards regarding seized material. Under pleading strategy. For example, a claimant the DTSA, a court taking custody of seized wishing to avoid removal to federal court for materials is instructed to 1) secure the seized strategic reasons may refrain from asserting a material from physical and electronic access45 claim under the DTSA, whereas a claimant and 2) prohibit any seized storage mediums desiring an ex parte seizure and/or digital pro- from being connected to a network or the inter- tections may proceed with a DTSA-focused net without the consent of both parties.46 More- claim in federal court. Practitioners should re- over, a party or a person with an interest in main cognizant of the new strategic options material seized “may make a motion at any created by the DTSA. time, which may be heard ex parte, to encrypt 47 any material seized or to be seized.” “The 1. H.R. Rep. No. 114–529, at 2 (2016). motion shall include, when possible, the de- 2. Id. at 3. 48 3. S. Rep. No. 114–220, at 2 (2016). sired encryption method.” 4. Id.; H.R. Rep. No. 114–529, at 4. 5. See 78 Okla. Stat. §§85–94 (1986). EMPLOYER NOTICE REQUIREMENTS 6. See Pub. L. No. 114–153, 130 Stat. 376 (codified in scattered sec- tions of 18 U.S.C.). Under the DTSA, an individual is immune 7. H.R. Rep. No. 114–529, at 4. from criminal or civil liability for a trade secret 8. S. Rep. No. 114–220, at 14. 9. Pub. L. No. 114–153, §2(f), 130 Stat. 376, 382. disclosure made either 1) in confidence to the 10. See 78 Okla. Stat. §91. government or an attorney for the purpose of 11. 18 U.S.C. §1836(d). 12. See Id. §1836(c); 28 U.S.C. §1331. reporting or investigating a suspected viola- 13. 18 U.S.C. §1839(3). tion of law or 2) in a court filing under seal.49 14. See 78 Okla. Stat. §86(4). 15. 18 U.S.C. §1839(3). Notably, employers must provide notice of the 16. 78 Okla. Stat. §86(4). DTSA immunity protection “in any contract or 17. H.R. Rep. No. 114–529, at 5. agreement with an employee that governs the 18. Id. at 14; S. Rep. No. 114–220, at 10. 19. See 78 Okla. Stat. §86(2). use of a trade secret or other confidential infor- 20. 18 U.S.C. §1839(5). mation.50 “[T]he term ‘employee’ includes any 21. Id. §1839(6)(A); 78 Okla. Stat. §86(1). 22. 18 U.S.C. §1839(6)(B). individual performing work as a contractor or 23. See 78 Okla. Stat. §86(1); cf. AvidAir Helicopter Supply, Inc. v. consultant.”51 It is sufficient for an employer to Rolls-Royce Corp., 663 F.3d 966, 973 (8th Cir. 2011) (“The fact that infor- mation can be ultimately discerned by others — whether through cross-reference a policy document “that sets independent investigation, accidental discovery, or reverse engineer- forth the employer’s reporting policy for a sus- ing — does not make it unprotectable [under the UTSA].”). pected violation of law.”52 The employer notice 24. See 18 U.S.C. §1836(b)(3)(A). 25. H.R. Rep. No. 114–529, at 12; S. Rep. No. 114–220, at 8–9; see 18 requirement only applies “to contracts and U.S.C. §1836(b)(3)(A)(ii)–(iii). agreements that are entered into or updated 26. PepsiCo, Inc. v. Redmond, 54 F.3d 1262, 1269 (7th Cir. 1995). 53 27. H.R. Rep. No. 114–529, at 12 n.16; S. Rep. No. 114–220, at 8 n.16. after [May 11, 2016].” If an employer does not 28. 18 U.S.C. §1836(b)(3)(A)(i)(I). comply with the DTSA notice requirements, 29. Id. §1836(b)(3)(A)(i)(II); cf. 15 Okla. Stat. §217. 30. H.R. Rep. No. 114–529, at 12; S. Rep. No. 114–220, at 9. the employer will not be entitled to exemplary 31. H.R. Rep. No. 114–529, at 12–13; S. Rep. No. 114–220, at 9.

126 The Oklahoma Bar Journal Vol. 88— No. 2 — 1/21/2017 32. Compare 18 U.S.C. §1836(b)(3)(A) with 78 Okla. Stat. §87. 33. See H.R. Rep. No. 114–529, at 12; S. Rep. No. 114–220, at 8. FROM THE PRESIDENT 34. 18 U.S.C. §1836(b)(3)(B)–(C). 35. H.R. Rep. No. 114–529, at 13; S. Rep. No. 114–220, at 9. cont’d from page 76 36. H.R. Rep. No. 114–529, at 13; S. Rep. No. 114–220, at 9. 37. See 78 Okla. Stat. §§88–89. 38. See 18 U.S.C. §1836(b)(2). outside the profession with your families and 39. Id. §1836(b)(2)(A)(i). friends. We cannot compromise who we are as 40. H.R. Rep. No. 114–529, at 9–10; S. Rep. No. 114–220, at 6. 41. H.R. Rep. No. 114–529, at 10; S. Rep. No. 114–220, at 6; see 18 persons to get what we want as professionals. U.S.C. §1836(b)(2)(A)(ii). Don’t just be good lawyers, be good men and 42. H.R. Rep. No. 114–529, at 5; see 18 U.S.C. §1836(b)(2)(B). 43. H.R. Rep. No. 114–529, at 12; S. Rep. No. 114–220, at 8; see 18 women. I recently had the privilege of hearing Dr. U.S.C. §1836(b)(2)(G). Antonia Novello, 14th U.S. surgeon general, give 44. 18 U.S.C. §1836(b)(2)(B)(vi). the keynote address to the very first class of medi- 45. Id. §1836(b)(2)(D)(i). 46. Id. §1836(b)(2)(D)(ii). cal students at Burrell College of Osteopathic 47. Id. §1836(b)(2)(H). Medicine, a new medical school in Las Cruces, 48. Id. New Mexico. The words she spoke to those stu- 49. Id. §1833(b)(1). 50. Id. §1833(b)(3)(A). dents are also appropriate for lawyers at any stage 51. Id. §1833(b)(4). of our careers. She told them, “Remember — 52. Id. §1833(b)(3)(B). 53. Id. §1833(b)(3)(D). your work as a professional defines you as a 54. Id. §1833(b)(3)(C). human being. It has been said that much of the good and the bad you do in your life will be done in your work.” About The Author THREE TYPES OF WORK Derek Ensminger is associate Then she went on to talk about the three types of general counsel at SONIC® Drive- work. First, there is a “job,” where the goal is to In and an adjunct professor of law simply make a living and support a family. Sec- at the OCU School of Law. His ond, comes the “career” where your progress is primary focus is on labor and traced through your appointments and achieve- employment law. He received his ments. Then comes the “calling” — the blending of J.D. from the OCU School of activity and character that makes work meaning- Law where he was a Hatton W. ful. Wherever you are, my fellow lawyers, along Sumners scholar and staff editor for the Oklahoma this path, I hope being a lawyer is or becomes your City University Law Review. calling because I believe being a lawyer is an extraordinary privilege. We cannot let the negative we see and hear about the legal profession deter us from a life of caring about and serving those who need our help — our clients, our community and our brothers and sis- ters in the legal profession. Keep the legal profes- sion a sacred institution, not only for those of us who work in it, but even more importantly for those who depend upon it. There is a difference between doing well and doing good. DO GOOD! You have entrusted me with the leadership of this association, and I pledge to serve our associa- tion with integrity, and to continue to build upon the solid foundation of the Oklahoma Bar Associa- tion in a way that best serves every lawyer in this state. I look forward to the coming year with ex- citement and anticipation of service to the OBA.

Vol. 88— No. 2 — 1/21/2017 The Oklahoma Bar Journal 127 SCHOLARLY ARTICLE

Noncompetes in Oklahoma Mergers and Acquisitions By Brandon Kemp magine you get a call one afternoon from an old college friend. She is a small-business owner and her business has Ihad a great few years. Earlier in the week, a competitor offered to sell his business to her. Your friend has run the num- bers and the proposed transaction looks like a great deal. But, she is concerned that her competitor will sell out only to start a new competing business. Your friend’s company is an Oklahoma lim- ited liability company headquartered in Tulsa. Her competitor’s company is a Delaware limited liability company also headquar- tered in Tulsa. The competitor owns 95 percent of the membership interests in the company, and the remaining 5 percent is held by passive investors. Both companies do business regionally, with cus- tomers in Oklahoma, Arkansas and Missouri. Your friend asks you, “If I buy this business, what can I do to make sure no one unfairly competes with me? What does the law say?” You would probably reply, “Well, in Oklahoma, it’s a little complicated … but I have a few ideas.” What follows is an introduction to Oklahoma noncom- pete law in the context of business acquisitions. Covenants in restraint of trade have been As 15 O.S. §217 allows, the broad prohibition disfavored by the common law since the 15th of covenants in restraint of trade is subject to century.1 They have been prohibited by statute four statutory exceptions: in Oklahoma since 1890, when Oklahoma Ter- 1) In a “sale of goodwill,” the seller may ritory adopted the Dakota Territory statute agree “to refrain from carrying on a simi- regarding covenants in restraint of trade.2 lar business within a specified county and Today, though recodified and slightly modi- any county or counties contiguous thereto, fied, the Oklahoma statute prohibiting cove- or a specified city or town or any part nants in restraint of trade is substantively the thereof, so long as the buyer, or any person same as the 1890 version. The statute, 15 O.S. deriving title to the goodwill from him §217, now provides, “Every contract by which carries on a like business therein;”4 any one is restrained from exercising a lawful profession, trade or business of any kind, oth- 2) In a dissolution of a partnership, the part- erwise than as provided by [statute] is to that ners may agree that “none of them will extent void.”3 carry on a similar business within a speci- fied county and any county or counties

128 The Oklahoma Bar Journal Vol. 88— No. 2 — 1/21/2017 contiguous thereto, or a specified city or fied county and any county or counties con- town or any part thereof;”5 tiguous thereto, or a specified city or town or any part thereof, so long as the buyer, or any 3) An employee may agree not to “directly person deriving title to the goodwill from him solicit the sale of goods, services or a com- carries on a like business therein.”12 Therefore, bination of goods and services from the for the goodwill exception to apply to a trans- established customers of the former em- action, the transaction must involve a “sale” ployer” following the employee’s termina- and “goodwill.” Any covenant must also be tion;6 and appropriately limited in time and territory. 4) An employee or an independent contractor may agree with a person or business not to Does the Transaction Involve a ‘Sale’ “solicit[], directly or indirectly, actively or The Supreme Court of Oklahoma has held inactively, the employees or independent that “sale,” in the context of the goodwill contractors of that person or business to exception, encompasses an array of transac- become employees or independent contrac- tions. Specifically, in Farren v. Autoviable Ser- tors of another person or business …”7 vices, Inc., the court held that the term “sale” 13 The first two exceptions — the sale of good- does not require an “actual cash sale.” The will exception and the dissolution of a partner- court explained, ship exception — were also adopted from the We do not believe that an actual cash sale Code of Dakota Territory,8 and they are a codi- of goodwill was the paramount reason for fication of a long-recognized common-law inclusion of this statute in the law of this exception to the general prohibition of cove- State. We believe that the purpose of this nants in restraint of trade.9 Both exceptions statute is to allow the parties to the transfer contain a territorial limitation, and both con- of a going business to mutually agree, as a tain a savings provision that authorizes a court part of the value of the business trans- to reform a territorially overbroad but other- ferred, that the transferee will be protected wise lawful covenant to “the county compris- from his transferor who might use his pre- ing the primary place of the conduct of the viously acquired experience, contacts and subject business and within any counties con- expertise to promote his own interests in 10 tiguous thereto.” the same field of business in competition 14 The third statutory exception, adopted in with his transferee. 2001, allows employees to agree they will not On this reasoning, the court held that where solicit a former employer’s “established cus- the goodwill of a target corporation was tomers.” This provision codifies an Oklahoma “included in the corporate entity that merged common-law exception to 15 O.S. §217 that with … the surviving corporation, and thus 11 developed in the 1970s. transferred to [the surviving corporation]” The final statutory exception, which the leg- there was “a ‘sale’ of the good will within the islature added in 2013, allows an employee or meaning of [15 O.S. §218].”15 Therefore, a “sale” independent contractor to agree not to poach a of goodwill encompasses not only cash sales, business’s employees or independent contrac- but also corporate mergers and likely other tors. Therefore, in the context of a sale of a transfers of goodwill. business, statutory exceptions one, three and Does the Transaction Involve ‘Goodwill’ four could be written into the transaction and its ancillary documents. The first exception Determining whether a transaction involves (i.e., the goodwill exception) would apply to a sale of “goodwill” is not as straightforward. the owners of the target business. The third The Oklahoma Statutes define a business’s and fourth exceptions (i.e., the nonsolicitation goodwill as “the expectation of continued pub- exceptions) would apply to employees of the lic patronage …”16 The Supreme Court of Okla- target business. homa has similarly defined “goodwill” as “the custom or patronage of any established trade SALE OF GOODWILL EXCEPTION or business; the benefit or advantage of having As set out above, the goodwill exception pro- established a business and secured its patron- vides, “One who sells the goodwill of a busi- age by the public.”17 The Supreme Court of ness may agree with the buyer to refrain from Oklahoma has also explained that while “good carrying on a similar business within a speci- will is in its nature intangible, it is uniformly

Vol. 88— No. 2 — 1/21/2017 The Oklahoma Bar Journal 129 recognized that it is a species of property and the exception will not apply to a transfer of a .8 constitutes a valuable asset of the business of percent or smaller interest. which it is a part.”18 Additionally, where a con- Extending the Territorial Scope With tract for the sale of a business does not explic- Choice of Law itly address the transfer of goodwill, a court will examine the contract to determine if the Assuming that the sale of goodwill exception parties intended a transfer of goodwill.19 applies to a particular transaction, under Okla- While determining whether a transaction homa law, a covenant not to compete may includes a transfer of goodwill is easy in a sale cover “a specified county and any county or of sole proprietorship or 100 percent of the counties contiguous thereto, or a specified city equity in a business entity, it is not so simple in or town or any part thereof, so long as the a transfer of a small percentage of stock or lim- buyer, or any person deriving title to the good- will from him carries on a like business there- ited liability company units. In the first report- 24 ed Oklahoma case to address this situation, Key in.” By statute, the duration of the covenant v. Perkins, the Supreme Court of Oklahoma not to compete may be perpetual, as long as the held that the sale of a 20 percent interest in a buyer or his assigns continue the purchased corporation by an “active business manager” business within the territory. Unfortunately, was a sale of goodwill within a predecessor though, the territorial limitation of a county statute to 15 O.S. §218.20 The court explained, and its contiguous counties limits the useful- ness of the 15 O.S. §218 goodwill As we view it, the weight of exception. Perhaps a county and authority and sound reason- its contiguous counties seemed ing and logic support the con- Later like a vast territorial range in tention that the owner of an 1890, but it is meager in modern appreciable interest in the stock decisions have terms. and property and assets of a corporation has a proportion- latched on to That said, many states will ate interest in the goodwill of enforce a noncompete with a the business; and that on a Key’s ‘appreciable much larger territory. Thus, if the sale thereof such owner is interest’ parties choose the law of another bound by a contemporaneous jurisdiction to govern their trans- agreement, supported by an requirement. action, an Oklahoma court might adequate consideration, not enforce a noncompetition cove- to engage in a similar busi- nant in a sale of goodwill to the ness within the territorial and extent of the chosen jurisdic- time limits provided by [15 OS §218].21 tion’s law. In Oklahoma, a con- tract will be governed in accordance with Later decisions have latched on to Key’s “ap- Oklahoma’s choice-of-law principles “unless preciable interest” requirement. For example, otherwise agreed and unless contrary to the in Bayly, Martin & Fay, Inc. v. Pickard, the court law or public policy of the state where enforce- stated that a .8 percent interest in a corporation ment of the contract is sought.”25 In other held by a salesman was a “miniscule amount words, an Oklahoma court will enforce a of stock” and was “insufficient to support an choice-of-law clause that complies with Section argument that the goodwill exception to [15 22 187 of the Restatement (Second) of Conflict of O.S.] §217 [was] applicable.” Though this Laws.26 Therefore, if the parties to a transaction statement was obiter dictum, it has been relied choose a governing law with a substantial rela- upon by the Oklahoma Court of Civil Appeals tionship to the transaction — e.g., the state of to reverse and remand a district court decision incorporation of the target company or the for further fact-finding to determine whether buyer — and the terms of the noncompetition an interest in a business was “appreciable,” covenant do not violate Oklahoma’s public and thus sufficient to support a transfer of policy, an Oklahoma court should enforce a goodwill, or “miniscule,” and thus insuffi- noncompetition covenant that is in compliance cient.23 Therefore, in transactions where the with the law of the chosen jurisdiction.27 seller will transfer an equity interest of less than 20 percent of the business, the sale of Though the Supreme Court of Oklahoma has goodwill exception may not apply. Certainly, not addressed this issue, at the time of the pub- lication of this article, there is a case pending in

130 The Oklahoma Bar Journal Vol. 88— No. 2 — 1/21/2017 the court that may.28 Additionally, at least one forum’s law does not make the application published decision supports that Oklahoma of the chosen law a violation of the forum’s would enforce a covenant not to compete public policy. Rather, a broader concept of beyond the territorial restrictions of 15 O.S. public policy is required. Here, the public §218 in a transaction that included a sale of policy of Oklahoma authorizes noncom- goodwill and was governed by the law of pete agreements in the context of the sale of another jurisdiction. In Eakle v. Grinnell Corp., goodwill. While it is true that certain limi- the United States District Court for the Eastern tations have been enacted under section District of Oklahoma held that a five-year non- 218 to govern these situations, the fact re- competition covenant that covered the entire mains that Oklahoma nonetheless approves states of Oklahoma and Arkansas and was of the concept of noncompete agreements governed by Delaware law was enforceable in when the sale of goodwill is involved, Oklahoma.29 The noncompete was entered into albeit with certain geographic restrictions. as part of a sale of 100 percent of the stock of a The court concludes such restrictions do corporation operating in Oklahoma (i.e., a sale not act as an impediment to its application of goodwill),30 and the buyer was a Delaware of Delaware law in connection with the corporation.31 Two years after concluding the [noncompete agreement].38 sale of the corporation, the buyer-employer The Eastern District also found that the cove- terminated the seller-employee.32 Thereafter, nant’s five-year duration and prohibition of the seller-employee sought a declaratory judg- certain activities complied with Oklahoma ment that the “noncompete agreement” entered law.39 Though Eakle is a federal district court into as part of the sale of the corporation was opinion, it provides support that Oklahoma void because it violated Oklahoma public poli- would enforce a noncompete covenant, entered cy by being territorially overbroad.33 into in connection with a sale of goodwill, that The Eastern District disagreed with the complied with the law of another state chosen seller-employee. First, the Eastern District rec- to govern a transaction. Therefore, it may be ognized that Delaware will enforce a covenant possible to extend the territorial limits of 15 not to compete “if reasonably limited as to O.S. §218 in an Oklahoma transaction, provid- time, area, and purpose and if such promise ed there is a reasonable basis for choosing the does not constitute an unreasonable restraint of law of another jurisdiction. trade or otherwise contravene public policy,”34 Even if an Oklahoma court declined to and concluded that the noncompete covenant enforce a noncompete covenant because it complied with Delaware law.35 Next, the East- exceeded the territorial limits of 15 O.S. §218, ern District acknowledged that, under Okla- the statute mitigates the risk of trying. Section homa law, a noncompete covenant made in 218 specifically provides that a noncompete connection with a sale of goodwill may only covenant that is “otherwise lawful but which encompass the city or county (and contiguous exceeds the territorial limitations specified by counties) where the sold enterprise is operat- this section may be deemed valid, but only ed.36 Nevertheless, the Eastern District noted within the county comprising the primary that the public policy of Oklahoma authorized place of the conduct of the subject business and noncompete agreements entered into in con- within any counties contiguous thereto.” In the nection with a sale of goodwill to some degree past, Oklahoma appellate courts have reformed and determined that Oklahoma would enforce and enforced noncompetes that were territorial- the noncompete agreement.37 Specifically, the ly overbroad but otherwise complied with 15 Eastern District explained, O.S. §218.40 Likewise, in an unpublished decision A mere difference in the law is not sufficient involving the goodwill exception, the United to warrant the application of the public pol- States District Court for the Northern District of icy exception argued for by [seller-employ- Oklahoma declined to follow the holding in ee] … To hold otherwise would be to allow Eakle, but enforced an “overbroad” noncompete the exception to swallow the rule. If the to the territorial limits of 15 O.S. §218.41 court were to follow [seller-employee’s] EMPLOYEE COVENANTS line of reasoning then the forum’s law would always apply when a difference in In addition to noncompete covenants with respective states’ laws could be shown. The the owner of a target business, the buyer of a mere fact a chosen law differs from the target business also has options to protect the

Vol. 88— No. 2 — 1/21/2017 The Oklahoma Bar Journal 131 target business from unfair competition by the The Nonsolicitation of Employees and Independent target’s business managers or other employees. Contractors Exception Unfortunately, though, while the seller of a Finally, in 2013, the Oklahoma Legislature business may outright agree to not carry on a adopted 15 O.S. §219B, which provides that an similar business, an Oklahoma court will not employee or an independent contractor may uphold the same covenant made by a mere agree with a person or business not to “solic- employee.42 For employees, the exceptions to it[], directly or indirectly, actively or inactively, Oklahoma’s broad prohibition of covenants in the employees or independent contractors of restraint of trade are limited to nonsolicitation that person or business to become employees of established customers and nonsolicitation of or independent contractors of another person employees and independent contractors.43 or business …”50 The statute does not define The Nonsolicitation of Established any of its material terms, such as “soliciting,” Customers Exception “actively,” “inactively,” “directly” or “indirect- ly.”51 And, there is no Oklahoma precedent Since 1970, Oklahoma courts have upheld evaluating the enforceability of a covenant not covenants made by employees not to solicit 44 to solicit employees or independent contrac- established customers. In 2001, the Oklahoma tors, either before or after the statute was Legislature codified this exception to 15 O.S. adopted.52 Nevertheless, as in the case of cove- §217 as 15 O.S. §219A, which permits employee nants not to solicit established customers, it is covenants not to “directly solicit the sale of possible that a reviewing court would subject a goods, services or a combination of goods and covenant by an employee not to solicit a com- services from the established customers of the pany’s employees or independent contractors former employer.” Unfortunately, the statute to “rule of reason” analysis. A practitioner does not define “established customers,” and should consider limiting the duration and ter- no Oklahoma appellate court has interpreted ritorial scope of a covenant not to solicit that term. employees or independent contractors to sur- Additionally, at least one Oklahoma appel- vive “rule of reason” analysis. late court decision interpreting 15 O.S. §219A CONCLUSION has held that covenants not to solicit estab- lished customers that do not comply with “rule So, back to your ideas for that old college of reason” will be rejected.45 An Oklahoma friend. First, you would probably tell her that if court will modify an unreasonable nonsolicita- she buys 20 percent or more of the business, tion covenant “if the contractual defect can be through an asset sale or an equity sale, the deal cured by imposition of reasonable limitations may require an agreement by the seller not to concerning the activities embraced, time, or carry on a similar business in Tulsa County and geographical limitations.”46 But, a covenant its contiguous counties for as long as she oper- “cannot be judicially modified if essential ele- ates the purchased business. You might also ments of a contract must be supplied.”47 tell her that because the target company is a Delaware limited liability company, choosing Though the Supreme Court of Oklahoma has Delaware law to govern the agreement may not considered whether the “rule of reason” enable her to extend the territory of the non- applies to nonsolicitation covenants following compete, say, to include Oklahoma, Arkansas the adoption of 15 O.S. §219A, it would still be and Missouri. Certainly, you would let her prudent to draft any nonsolicitation covenant know that she unfortunately cannot similarly to conform to nonsolicitation covenants that restrict the target company’s business manag- have been upheld under the “rule of reason” ers or other employees but can require them to before the adoption of 15 O.S. §219A. To that agree not to solicit the target company’s estab- end, Oklahoma courts have upheld covenants lished customers, employees or independent not to solicit established customers with dura- 48 contractors. Of course, you would have to con- tions as long as two years. Any nonsolicita- clude, “This could all change tomorrow. Law tion covenant with a longer duration or that and legislation are moving targets.” extends beyond “established customers” risks being determined unenforceable and perhaps 1. For a discussion of the history of covenants in restraint of trade, not reformable.49 see, e.g., Harlan M. Blake, “Employee Agreements Not to Compete,” 73 Harvard L. Rev. 625 (1960). 2. Compare Terr. Okla. Stat. Ch. 17, art. IV, §8 (1890) with Terr. Dak. Code §959 (1883). See also 1 Revised Statutes of Oklahoma 1910, vii, 262

132 The Oklahoma Bar Journal Vol. 88— No. 2 — 1/21/2017 (Clinton O. Bunn ed., 1912) (“The great body of the [Oklahoma] stat- 40. See, e.g., Hartman v. Everett, 1932 OK 460, ¶6, 12 P.2d 543, 544. utes … came from Dakota …”). 41. Sw. Stainless, L.P. v. Sappington, No. 07-CV-0334-CVE-PJC, 2008 3. Despite its seemingly absolute terms, 15 O.S. §217 only prohibits WL 918706, at *6 (N.D. Okla. Apr. 1, 2008). The Northern District “unreasonable” restraints of trade. Key Temp. Pers., Inc. v. Cox, 1994 OK declined to follow Eakle on the basis of the Oklahoma Court of Civil CIV APP 123, ¶8, 884 P.2d 1213, 1215. The common-law exceptions that Appeals’ choice-of-law analysis in Oliver, which was adopted by the developed under the “rule of reason” are now encompassed by the 10th Circuit. Id. Again, though, Oliver oversimplifies the Restatement statutory exceptions that are discussed in this article. (Second) of Conflict of Laws analysis, which appears to have been 4. 15 O.S. §218. adopted by the Supreme Court of Oklahoma. See notes 25-27, supra. To 5. 15 O.S. §219. invalidate a contractual provision, the Restatement requires not merely 6. 15 O.S. §219A(A). that the provision violate the law of the enforcing state, but that the 7. 15 O.S. §219B. provision be “contrary to a fundamental policy of the state with the 8. Compare Terr. Okla. Stat. Ch. 17, art. IV, §8 (1890) with Terr. Dak. materially greater interest …” Dean Witter Reynolds, Inc. v. Shear, 1990 Code §960 (1883). Compare Terr. Okla. Stat. Ch. 17, art. IV, §9 (1890) with OK 67, ¶7, 796 P.2d 296, 299 (internal quotation omitted). Terr. Dak. Code §961 (1883). See also 1 Revised Statutes of Oklahoma 42. See, e.g., Cardiovascular Surgical Specialists, Corp. v. Mammana, 1910, vii, 262-63 (Clinton O. Bunn ed., 1912). 2002 OK 27, ¶20, 61 P.3d 210, 215 (striking noncompete provisions from 9. See note 1, supra. an employee’s employment contract). 10. 15 O.S. §§218-219. 43. 15 O.S. §§19A, 19B. Though not the subject of this article, an 11. See Bayly, Martin & Fay, Inc. v. Pickard, 1989 OK 122, ¶¶11-12, Oklahoma employer can combat unfair employee competition through 780 P.2d 1168, 1171-72 (detailing the emergence of the “rule of reason” other means, such as through the protection and defense of its trade in Oklahoma). secrets in accordance with the Oklahoma Uniform Trade Secrets Act. 12. 15 O.S. §218. See 78 O.S. §§85–94. 13. 1973 OK 4, ¶5, 508 P.2d 646, 648. 44. Bayly, Martin & Fay, Inc. v. Pickard, 1989 OK 122, ¶¶11-12, 780 14. Id. P.2d 1168, 1171-72. 15. Id. at ¶6, 508 P.2d 646, 648. 45. Inergy Propane, LLC v. Lundy, 2009 OK CIV APP 8, ¶28, 219 P.3d 16. 60 O.S. §315. The definition also clarifies that “goodwill … does 547, 557. “The determination of whether a restraint is reasonable not include a right to use the name of any person from whom it was depends on all the facts and circumstances. A restraint is deemed rea- acquired.” sonable only if it 1) is no greater than is required for the employer’s 17. Freeling v. Wood, 1961 OK 113, ¶12, 361 P.2d 1061, 1063. protection from unfair competition; 2) does not impose undue hard- 18. Id. at ¶13, 361 P.2d 1061, 1063 (quotation omitted). ship on the employee; and, 3) is not injurious to the public.” Loewen 19. Griffin v. Hunt, 1954 OK 87, ¶8, 268 P.2d 874, 876 (upholding a Grp. Acquisition Corp. v. Matthews, 2000 OK CIV APP 109, ¶15, 12 P.3d covenant not to compete under the goodwill exception where the con- 977, 980 (citing Tatum v. Colonial Life & Acc. Ins. Co. of Am., 1970 OK 27, tract did not refer to goodwill but the transfer of goodwill was “the ¶8, 465 P.2d 448, 451-52). plain purpose and effect” of the agreement). 46. Bayly, 1989 OK 122, ¶14, 780 P.2d 1168, 1173. 20. 1935 OK 142, ¶¶3, 14, 46 P.2d 530, 531-32. 47. Key Temp. Pers., Inc. v. Cox, 1994 OK CIV APP 123, ¶8, 884 P.2d 21. Id. at ¶14, 46 P.2d 530, 532 (emphasis added). 1213, 1215. 22. 1989 OK 122, ¶9, 780 P.2d 1168, 1170. 48. See, e.g., Tatum v. Colonial Life & Acc. Ins. Co. of Am., 1970 OK 27, 23. Oliver v. Omnicare, Inc., 2004 OK CIV APP 93, ¶13, 103 P.3d 626, ¶12, 465 P.2d 448, 452; Thayne A. Hedges Reg’l Speech & Hearing Ctr., Inc. 630. After remand, the parties stipulated to dismissal with prejudice; v. Baughman, 1998 OK CIV APP 122, ¶3, 996 P.2d 939, 941. therefore, it was never determined whether the transfer at issue sup- 49. See Bayly, 1989 OK 122, ¶18, 780 P.2d 1168, 1175 (striking down a ported the goodwill exception. See Stipulation of Dismissal with Preju- nonsolicitation provision that extended beyond established customers). dice, Oliver v. Omnicare, CJ-2003-1070 (D. Ct. Okla. Cnty. Jan. 6, 2005). 50. 15 O.S. §219B. See also Cardoni v. Prosperity Bank, 805 F.3d 573, 588 (5th Cir. 2015) 51. See id. (invoking the “appreciable”/“miniscule” dichotomy to reject an argu- 52. In Howard v. Nitrolift Technologies, LLC, which was decided ment that a .39 percent equity interest would support the goodwill before 15 O.S. §219B was adopted, the Supreme Court of Oklahoma exception under Oklahoma law). held that employee covenants regarding the nonsolicitation of employ- 24. 15 O.S. §218. ees were unenforceable under Oklahoma law. 2011 OK 98, ¶23, 273 25. Oliver, 2004 OK CIV APP 93, ¶4, 103 P.3d 626, 628. P.3d 20, 29, cert. granted, judgment vacated, 133 S. Ct. 500 (2012). The 26. Dean Witter Reynolds, Inc. v. Shear, 1990 OK 67, ¶6, 796 P.2d 296, opinion was vacated by the Supreme Court of the United States on 298-99 (noting that a litigant “could have, but did not, call for a judicial other grounds, and the Oklahoma legislature adopted 15 O.S. §219B to analysis of any of the facts supportive of a choice-of-law challenge abrogate the holding in Howard. See Teresa L. Green, The Shifting Land- under the Restatement (Second) Conflict of Laws §187”). scape of Restrictive Covenants in Oklahoma, 40 Okla. City U. L. Rev. 449, 27. See Restatement (Second) of Conflict of Laws §187. The state- 463 (2015). ment in Oliver, note 25, supra, somewhat oversimplifies the Restate- ment’s analysis. To invalidate a choice-of-law provision, the analysis requires not only that the enforcing court determine that the provision About The Author is contrary to its state’s fundamental public policy, but also that the state has the most significant relationship to the transaction and the parties. See Dean, 1990 OK 67, ¶7, 796 P.2d 296, 299. Nevertheless, the Brandon Kemp is an associate enforcing court is likely to determine that its state has the most sig- attorney with Conner & Winters nificant relationship. 28. Berry and Berry Acquisitions, LLC v. BFN Properties LLC, No. LLP. Mr. Kemp primarily prac- DF-114,442 (Okla. Sup. Ct. appellants’ brief filed Aug. 16, 2016). tices with the firm’s corporate 29. 272 F. Supp. 2d 1304, 1312 (E.D. Okla. 2003). and securities and litigation prac- 30. Id. at 1306. 31. Id., syllabus, at 1304. tice groups. Among other things, 32. Id. at 1307. his practice includes securities 33. Id. 34. Id. at 1308 (quoting Turek v. Tull, 139 A.2d 368, 372 (Del. Ch. registration and SEC reporting, 1958), aff’d, 147 A.2d 658 (Del. 1958)). securities and asset-sale transactions and commercial 35. Id. 36. Id. at 1312. litigation in a variety of industries. He is a 2013 37. Id. graduate of the OU College of Law, where he was an 38. Id. (internal citations omitted). editor of the Oklahoma Law Review. 39. Id. at 1311-12.

Vol. 88— No. 2 — 1/21/2017 The Oklahoma Bar Journal 133 BAR NEWS

MyOKBar Communities: Your New Online Communications Portal

he same way MyOKBar is your portal to all your OBA services like Fastcase and OBA-CLE registration, TMyOKBar Communities is your new portal for all sec- tion and committee communications.

MyOKBar Communities will work best with postings, which means you will not receive any your participation. We hope this new platform information until you log in. will become a valuable and time-saving resource for you. 3. Section officers can send an immediate email to all section mem- Have questions? The quick tips below should bers regardless of email notification answer most of your questions, but if you are preferences. still having trouble email the webmaster at [email protected]. For critical messages like a meeting notice or immediate alerts, regardless of subscription 8 THINGS TO KNOW ABOUT MYOKBAR settings, officers and select staff will be able to COMMUNITIES send urgent email to members. 1. Access MyOKBar Communities 4. All sections and committees will through MyOKBar. now have a file library. Log in to your MyOKBar account This will include meeting notices, through the link on the OBA home- page at www.okbar.org. From there, click agendas and minutes, as well as forms, the red MyOKBar Communities link in the box practice aids, CLE presentation materials and near the bottom of your profile page. other helpful files. Through the upload/down- load feature, Communities allows for open dis- 2. Communities will replace all cussions and file sharing available to every OBA committee and section elec- OBA member. tronic mailing lists. 5. You should upload a photo to If you are a member of a committee or your profile to participate. section, you are auto-subscribed to receive a single email each day called a “daily Just like in any interaction, seeing a digest” which contains all Communities com- face is important. When people see munications from the previous 24 hours. You your name in the member directory, it’s impor- can log in and change your preferences to “real tant they see your photo so they know they time,” which will send you an instant email for have the right person. To do so, log in to your any notification, or no email notifications of MyOKBar account and click the pen icon on the placeholder image.

134 The Oklahoma Bar Journal Vol. 88— No. 2 — 1/21/2017 6. Join the optional forums to get 8. Some members cannot see their the most out of Communities. section’s community yet. These optional forums include If you have not yet paid your sec- Practice Management Advice with tion dues, you have not yet been tips from the OBA Management Assis- added to your section. The software inte- tance Program, OBA Water Cooler for general grates with your MyOKBar account and discussions, Mentoring and Young Lawyers although we are working to address the issue, Division. They are open to all OBA members, the quickest resolution is to pay your dues for but you will need to affirmatively join and 2017. If you have senior status and are no lon- set your email notification preferences. ger paying dues or have already paid your dues and want to join a new section, you can 7. You can participate in Commu- use the Join a Section link on your main nities without logging in. MyOKBar profile page to join a section. Though limited in scope, every member of a section or committee community who receives email can select Post a Message or Reply to Group from their email notification. Those reply messages are sent to a unique email address and will post as messages to that community.

NOTICE OF HEARING ON THE PETITION FOR REINSTATEMENT OF MARK ANTHONY CLAYBORNE, SCBD #6474 TO MEMBERSHIP IN THE OKLAHOMA BAR ASSOCIATION

Notice is hereby given pursuant to Rule 11.3(b), Rules Governing Dis- ciplinary Proceedings, 5 O.S., Ch. 1, App. 1-A, that a hearing will be held to determine if Mark Anthony Clayborne should be reinstated to active membership in the Oklahoma Bar Association. Any person desiring to be heard in opposition to or in support of the petition may appear before the Professional Responsibility Tribunal at the Oklahoma Bar Center at 1901 North Lincoln Boulevard, Okla- homa City, Oklahoma, at 9:30 a.m. on Wednesday, March 1, 2017. Any person wishing to appear should contact Gina Hendryx, Gen- eral Counsel, Oklahoma Bar Association, P.O. Box 53036, Oklahoma City, Oklahoma 73152, telephone (405) 416-7007. PROFESSIONAL RESPONSIBILITY TRIBUNAL

Vol. 88— No. 2 — 1/21/2017 The Oklahoma Bar Journal 135 NOTICE INTEREST ON JUDGMENTS January 5, 2017 2017 Interest Rates: In accordance with 12 O.S. 2013 Supp. §727.1 (I), the postjudgment interest rate to be charged on judg- ments for calendar year 2017 shall be 5.75 percent. Also, the prejudgment interest rate for calendar year 2017 shall be 0.31 percent (applicable to actions filed on or after January 1, 2010). These interest rates will be in effect from January 1, 2017, through December 31, 2017. Interest Rates by Year: Interest rates from November 1, 1986, through December 31, 2017, are as follows (interest rates listed below were calculated in accordance with the statute in effect for that period).

Date Postjudgment Interest Rate Prejudgment Interest Rate 2017 5.75% 0.31% 2016 5.50% 0.06% 2015 5.25% 0.03% 2014 5.25% 0.05% November 1, 2013 through first regular business day of January, 2014 5.25% 0.09% (12 O.S. 2013 Supp. §727.1) July 1, 2013 through October 31, 2013 5.25% 5.25% (12 O.S. 2004 Supp. §727.1) January 1, 2013 through June 30, 2013 5.25% 0.09% (12 O.S. 2009 Supp. §727.1) 2012 5.25% 0.05% 2011 5.25% 0.13% 2010 5.25% 0.14% 2009 5.25% 5.25% 2008 9.25% 9.25% 2007 10.25% 10.25% 2006 9.25% 9.25% 2005 7.25% 7.25% 2004 5.01% 5.01% 2003 5.63% 5.63% 2002 7.48% 7.48% 2001 9.95% 9.95% 2000 8.73% 8.73% 1999 8.87% 8.87% 1998 9.22% 9.22% 1997 9.15% 9.15% 1996 9.55% 9.55% 1995 8.31% 8.31% 1994 6.99% 6.99% 1993 7.42% 7.42% 1992 9.58% 9.58% 1991 11.71% 11.71% 1990 12.35% 12.35% 1989 10.92% 10.92% 1988 9.95% 9.95% 1987 10.03% 10.03% 1986 11.65% 11.65% /s/ Jari Askins Administrative Director of the Courts

136 The Oklahoma Bar Journal Vol. 88— No. 2 — 1/21/2017 FROM THE EXECUTIVE DIRECTOR

Control Alt Delete By John Morris Williams

Sometimes it seems a reboot pay no dues, the num- is in order. No better time to get ber of new admittees a fresh start than the beginning has decreased, and it of a new year. I remember get- appears to be a trend ting the warning when doing that will continue for the soft reboot that all work not some time. Law school saved would be lost. I have been enrollments are down, saving my work for some time and bar passage rates regarding member demograph- are also in decline. ics. 2017 may be a year for the Thus, the “reloading” OBA to reboot and re-examine effect of new admittees our data and to determine if our replacing members current rules, policies, practices, taking senior status is member benefits and economics no longer the case. have retained the right format. I have written and The percentage of OBA mem- spoken on these demo- bers obtaining senior status is at graphics for some an all-time high. This trend will time. The OBA is not continue for several years as the alone. It is a national baby boomers begin advancing trend in bar associa- to the arbitrary, but certain age tions and many other of 70 for that membership classi- professions in our fication. In fact, 12.8 percent of society. The bottom the OBA membership has opted line is that fewer dues- to take senior status. As most are paying members will and mandatory continuing legal aware, senior status members be supporting an association education are carried out by sep- enjoy all the privileges of active with a significant number of arate entities and carry a sepa- membership and do not have the nondues-paying members. My rate fee. Our dues have not requirement to pay dues. OBA intent is not to cause division increased since 2004. We do lots members who enjoy senior sta- among the different age brackets. of stuff, with less money than tus range from members who are However, I do want to call atten- most comparable bar associa- actively engaged in the practice tion to the real economics of tions, and I believe we give good of law to those who have moved our association as it continues value to our members. Our con- to their perfect retirement haven a trend of more members and templated reboot is not necessar- and never contemplate the prac- less money. ily about raising dues or gaining financially, it is more about look- tice of law. Regardless of how OBA membership is one of the they spend their day, more ing at the realities and equities of least expensive of state bar asso- the situation. than one in 10 OBA members ciations in the United States. In pay no dues, and this number addition to member services, the It seems like it is just my luck. is climbing. OBA performs every regulatory When I started paying into In addition to the increasing function related to the practice of Social Security my stated full number of OBA members who law. In many states discipline retirement age was 65. Now, I

Vol. 88— No. 2 — 1/21/2017 The Oklahoma Bar Journal 137 am still paying in and my retire- This year we will be looking at less, we will save our work so ment age has moved to 66.8 our demographics and our that when eventually we are months. It seems that everything finances to determine what forced to Control Alt Delete we that was supposed to be there might be the best course for the will be that much further along. for me in my golden years has future of the OBA. We are a either dried up, been postponed member organization under the or all the rules keep getting supervision of the Oklahoma rewritten. The same demograph- Supreme Court. Both the mem- ics that cause that to happen bership and the Supreme Court seem to apply to the OBA. will have to bless any changes To contact Executive Director we make. In the end, we may Williams, email him at johnw@ leave things as they are. Regard- okbar.org.

138 The Oklahoma Bar Journal Vol. 88— No. 2 — 1/21/2017 LAW PRACTICE TIPS

Automation in Today’s Law Firm By Jim Calloway

One post-Christmas evening dures are automated you tend to do low-level tasks so the at home, we were taking care of to quit thinking about them lawyers and staff can do more several things. I finished load- because now things happen … high-value work. Sometimes ing the dishwasher, but set it to well, automatically. For exam- this is done by using add-ons run in the middle of the night ple, most lawyers have smart- or additional software tools. so we wouldn’t have to listen phones and most have their Sometimes it is just setting up a to it operate. My wife was email from the office synchro- feature you have already, but using the laptop to schedule nized to their smartphone. are not using. Lawyers should bill payments for the month. Having your email on your be looking at ways to automate My Sonos home speaker was phone is a blessing at some in order to minimize the time on shuffle, playing the spent manually doing large Spotify holiday play- routine tasks. list I had compiled. My MICROSOFT QUICK phone beeped with a PARTS reminder I had set for myself. We had previously I frequently discuss had fun playing with the automated document Amazon Echo. assembly for law firms. Some firms are moving We haven’t yet automat- more quickly on this than ed our home lighting and others. The implementa- temperature control. But it tion of powerful document occurred to me that we all assembly does require have increasing automa- some work and, as I’ve tion in our homes today, noted previously, there even before we go deeply may even be some inter- into the new home control personal challenges as the devices that are a part of firm begins to standardize the “Internet of Things” its forms. (IOT). There are legitimate security concerns about con- But I’m surprised that more times and a distraction at oth- necting cheap IOT devices to lawyers don’t make use of ers. Some attorneys frequently your home Wi-Fi network.1 But Microsoft Quick Parts in Word, check their email from their such concerns may be ignored which essentially involves smartphones and some rarely by consumers because of the selecting text that you routinely do. But it is always handy to appeal of these gadgets. use in a document and saving it know that at least your most so it can be subsequently quick- recent emails are always acces- So what about the traditional ly inserted into documents. sible via your smartphone. That law office? Are we seeing a lot Microsoft Quick Parts is easy to is one automation feature most of automation there? learn and yields results imme- of us now take for granted — diately. If you don’t know how There’s probably a lot more until it stops working. than you realize. One aspect to do this, watch the OBA about automated business pro- Law office automation gener- MAP’s video “Fun With Micro- cesses is that once the proce- ally means using the computer soft Word Quick Parts” (avail-

Vol. 88— No. 2 — 1/21/2017 The Oklahoma Bar Journal 139 able on the OBA-MAP home- You can search for specific ing list will be automatically page at www.okbar.org/ instructions for your version of moved to that folder. When you members/MAP) and then Outlook or other email pro- want to go read them, you create your first Quick Part gram, but here’s a quick exam- know where to locate them. just for practice. You will have ple of how easy this can be set And later, when you decide a new word processing auto- up in Outlook. An email you will never have time to mation tool ready for your use appears in your inbox from the read these emails ever, it is a in just a few minutes. MegaMarketingBarristers Club. quick task to unsubscribe, You hate to unsubscribe to this delete the rule and delete the FOLDERS AND RULES IN OUTLOOK list because some day you will folder with all of the emails in want to search and read select it. You can use the Manage Setting up custom email fold- messages from the list, but the Rules & Alerts to alter or delete ers in Outlook can be very MegaMarketing messages rules under the File tab in handy. Keeping your inbox never seem to appear at a con- Outlook. uncluttered is a worthy goal. venient time. Right-click on Outlook Quick Steps is However, the OBA-MAP Inbox in the Navigation Pane another email task automation Department now discourages and select New Folder. Then tool that is included in Outlook using Outlook folders for stor- you can name your new folder 2010 and greater. Google “Out- ing email relating to client mat- MMB Club. Usually you will ters because others in the office look Quick Steps” for Micro- cannot access them. (Instead we soft’s instructions on customiz- encourage attorneys to retain ing this tool. Outlook Quick email communications relating Steps will provide you with the to client matters in the client WordPerfect ability to do routine things with file like any other correspon- one click that now take you dence related to that matter, X8 can create PDFs four or five steps. preferably digitally in a practice COREL WORDPERFECT: management solution.) with fillable form ‘WE’RE NOT DEAD YET’ But for organizing other fields… That reference to Monty groups of emails, Outlook fold- Python’s Spamalot is intended ers are great. Setting up a rule as praise for Corel’s WordPer- in Outlook to route emails from fect, not a benediction. Many an electronic mailing list direct- observers were surprised last want to set the location of the ly from your inbox to a speci- month when TechnoLawyer new folder at the same level fied folder is something power announced its “TL Newswire of Inbox, not as a sub folder users have done for some time. Top 25 Products of 2016 below Inbox. Now you right You should consider setting up Awards” and coming in at click on that email you email folders for emails from number one was WordPerfect received in Inbox (without various vendors or hotel Office X8. This award is based even opening) and select Rules, rewards programs so the mes- on the number of clicks by sub- then Create Rule. sages can be located when scribers to the TL Newswire for needed, but aren’t in the way It is pretty simple to create a more product information. when you are looking through rule when you are dealing with That’s a different way of deter- your inbox for a recent impor- an electronic mailing list mining an award winner, but tant email. Some of you may because you can just set the not an invalid one. decide to establish rules to rule to move everything from I’ve read praise of WordPer- organize emails you receive that sender to the MMB Club fect Office X8 in a PC Magazine from our MyOKBar Communi- folder. You want to be cautious review.2 Lawyers can purchase ties. There is a risk of having that you do not create a rule a fully licensed version of X8 something automatically sent to that automatically moves more from Corel for only $124.99 at a folder that is of importance. email from your inbox than this bar association license link: To minimize that risk of miss- you intend. There are many www.wordperfect.com/en/ ing an important message, you advanced options that let you product/bar-association- need to quickly scan these fold- fine tune your rules operation. license. If you are committed to ers at least weekly. The result is that all future WordPerfect and aren’t using emails on this electronic mail-

140 The Oklahoma Bar Journal Vol. 88— No. 2 — 1/21/2017 this new, improved version, Another basic practice is to she will be doing a presentation then maybe it is time to sup- have different templates to use on Office 365. port WordPerfect with your for different types of docu- TEXT EXPANDERS purchasing dollars and see ments. I would recommend what new automation features that every law firm should Since I use Quick Parts, I this version now includes. I am have a basic letterhead tem- don’t use text expanders, but told the conversion filters from plate loaded on all computers. many lawyers love them. Microsoft (which WordPerfect If you want to learn more Essentially these tools allow will download and install) are about Microsoft Word custom- you to create short code words greatly improved. WordPerfect ization and automation, mark that automatically expand into X8 can create PDFs with fillable your calendar because we are longer strings of text. It is best form fields, which Microsoft bringing Barron K. Henley back to use a typographical symbol Word does not.3 to Oklahoma in 2017. “Master- as the first character of the Since we are discussing auto- ing Microsoft Word in the Law code word. mation and great office tools, Office” is scheduled for April So, #email expands to your you probably want to review 20 in Tulsa and April 21 in all of the TL Newswire Top 25 Oklahoma City. Make plans email address, #street expands Products of 2016.4 It is a list now to attend or send your to your complete mailing with some great tools. own “document czar” (or docu- address and #tcoop becomes ment czar nominee/draftee) to “Thank you for your coopera- UNLOCKING MICROSOFT tion and consideration.” WORD’S POWER this great CLE program. Lawyers generate documents. Most law offices now use Microsoft Office and Microsoft Word, and many tools and add- ons work only with Microsoft Word — not WordPerfect. Microsoft Word is amazingly powerful, but it’s just not intui- tive to learn. In the words of Barron K. Henley, partner in Affinity Consulting, “You can use Word for 25 years and your skill level will be the same as it was approximately two weeks I will also direct your atten- I recently found a great into using it. Many of the fea- tion to legalofficeguru.com. detailed article on this subject, tures are hidden, so you won’t Deborah Savadra sends out “Type Less: How Text Expan- stumble onto them.” Mr. Hen- Word tips to subscribers and sion Apps Help You Write Long ley is a great trainer on Micro- provides an online course “Effi- Phrases With Fewer Key- soft Word. If you haven’t read cient Lawyer’s Guide to strokes” on the Zapier blog.8 my 2015 column in Law Practice Word.”6 For an example of her The author lists the following Magazine, “Your Document training posts, see her post tools: TextExpander (iOS, Mac, Czar,” I suggest you do so.5 “Bulletproof Paragraph Num- Windows), aText (Mac), TypeIt bering, Part 1.”7 Most of us could improve our 4Me (iOS, Mac), PhraseExpress Microsoft Word skills, but the And as long as you are mark- (Windows, Android), Phrase point of that column is that ing your calendar, the 2017 Expander (Windows), Breevy each law office should have a OBA Solo & Small Firm Confer- (Windows), Texpand (Android), highly skilled Microsoft Word ence will be at the Choctaw Alfred (Mac) and the free tool user who can develop tools for Casino Resort in Durant June Text Replacement, which is others to use. If you’re not 22-24. Catherine Sanders Reach, included in Mac and iOS. You using styles in your documents, director of Law Practice Man- will have to read the article to you’re missing out on many agement & Technology at The see which tools the author rec- other automation tools con- Chicago Bar Association, will ommends for different users. tained within Microsoft Word. be one of our special guests and Active Words is another of

Vol. 88— No. 2 — 1/21/2017 The Oklahoma Bar Journal 141 these tools that has been recordings are preserved for a but they have recently been around for some time and is time although a user can log in rebranded as applets.12 Since well established.9 to delete them. IFTTT is free for the moment and works with the Echo and The text expander tools work I did some additional many other IOT devices, this is with any application, while research that resulted in a blog a method that many are using Quick Parts only work within post, “Echos of Police, Privacy for voice commands to change Word and Outlook. An “old and Alexa,”10 that is worth your their interior lighting and con- school” method of doing time if you have an interest. trol other home devices. Users this within Word is to use The bottom line is that these share their recipes so you do AutoCorrect as shown in the devices are only “listening all not have to build them all your- graphic above. You can add the time” for the wake-up self.13 Businesses are busy nonsense code words to the phrase and record nothing until developing applets that use AutoCorrect table that will they hear it, so there is little their products. expand to longer phrases. This likelihood of one of these de- is also the place one goes to vices recording something Zapier is IFTTT’s biggest make Word stop changing the unintended and useful in the competitor. It has several levels (c) in your outlines to ©. background. But the chance is of pricing: free, premium ($20/ not zero. Where the recordings month), business ($49/month) SPEAK TO ME might come in very handy is and business plus ($99/month). And of course, as I have when a client was home alone The processes created are called noted many times in these all night using the Echo fre- Zaps and tend to be business- pages before, my favorite auto- quently and then needed an oriented.14 See “Zapier Zaps for mation tool is automated typ- alibi. Those voice recordings Lawyers”15 on Lawyerist for ing with the speech recognition might prove very useful. some examples. tool Dragon NaturallySpeaking Some lawyers will conclude Practice management solu- (DNS) from Nuance.com. that having a device connected tion Clio has several tiers of But DNS also includes voice to the internet that has a micro- service plans and the mid- and commands and macros that phone is too risky for a law higher-tier plans include Zapier automate many tasks. office, despite the security and integration. Zaiper’s “Zapbook Though as I’ve noted before, encryption built in. But we will of Clio Zaps”16 explains the I’ve also been using the speech see these voice-powered sys- value of these tools by example. recognition tools provided by tems become even more useful These Zaps include creating Siri more frequently. as they are paired with artificial new Clio matters from Google intelligence tools. When the Some readers may have Forms responses, adding Base- time arrives that one can say received an Amazon Echo or camp 2 to-dos as tasks in Clio, “Alexa, please do a first draft of Google Home voice-activated saving new Clio contacts to the interrogatories on the Tom digital assistant as a holiday Citrix ShareFile as a new client Jones case and obtain a result,” gift. These gadgets are a lot of users and creating Citrix we may see a lot more adoption fun and quite useful. However, ShareFile folders from new in the law office. if you had noted the late Clio matters. December media coverage after MORE AUTOMATION I can certainly understand a prosecutor in Arkansas Since so many services are why a law firm that does some requested Echo Voice data from now delivered online, we are of these processes many times Amazon, you would have like- seeing online automation tools a day would consider using a ly been concerned you had that will connect various online Zapier Zap to automate those brought a combination govern- services and make them work tasks. If a firm using Clio is ment eavesdropper and jail- together. One of the popular also committed to using Citrix house snitch into your home. ones is IFTTT11 (If This, Then ShareFile for client communica- That’s not actually the case; That). One could create a pro- tion, those last two Zaps would although it is true that when cess that automatically removes save much of typically unbilled you awake one of these devices attachments from your Gmail time. with a code phrase (e.g., account and stores them in a “Alexa”), your voice is record- specified Dropbox folder. These Darla Jackson, the OBA prac- ed and sent back to the compa- creations were called recipes tice management advisor who ny for interpretation. These focuses on practice manage-

142 The Oklahoma Bar Journal Vol. 88— No. 2 — 1/21/2017 ment solution options for Okla- Mr. Calloway is OBA Manage- 8. Joe Stych, “Type Less: How Text Expan- sion Apps Help You Write Long Phrases With homa lawyers, also advised me ment Assistance Program director. Fewer Keystrokes,” Zapier (Apr. 19, 2016), that PracticePanther also offers Need a quick answer to a tech zapier.com/blog/text-expander-how-to (Last visited Jan. 5, 2017). Zaiper integration for all of its problem or help solving a manage- 9. ActiveWords, www.activewords.com/ users.17 ment dilemma? Contact him at [web.archive.org/web/2016122 5221916/http:// 405-416-7008, 1-800-522-8065 or www.activewords.com/]. CONCLUSION 10. Jim Calloway, “Echos of Police, Privacy [email protected]. It’s a free member and Alexa,” Jim Calloway’s Law Practice Tips Blog, Automation is a challenge for benefit! (Dec. 29, 2016), www.lawpracticetipsblog.com/ 2016/12/echos-of-police-privacy-alexa [web. lawyers in the same way that archive.org/web/20170112202308/http:/www. delegation is a challenge. We, 1. Jim Calloway, The Unintended Conse- lawpracticetipsblog.com/2016/12/echos-of- quences of the Internet of Things, Jim Callo- police-privacy-alexa.html]. as a profession, are responsible way’s Law Practice Tips Blog, (Feb. 12,2016), 11. IFTTT, ifttt.com [web.archive.org/ for making sure that tasks are www.lawpracticetipsblog.com/2016/02/the- web/20170104183921/https://ifttt.com/] unintended-consequences-of-the-internet-of- 12. Thorin Klosowski, “IFTTT Rebrands Its all done correctly. Hoping some things [web.archive.org/web/20160324125221/ Recipes as Applets, Rolls All Its Mobile Apps web service did what it was http:/www.lawpracticetipsblog.com/2016/ Into One,” Lifehacker (Nov. 2, 2016, 12:30PM), 02/the-unintended-consequences-of-the-inter- lifehacker.com/ifttt-rebrands-its-recipes-as- supposed to in the background net-of-things.html]. applets-rolls-all-its-mo-1788492982 [web. can be a little bit intimidating. 2. Edward Mendelson, “Review of Corel archive.org/web/20161229123517/http://life But, the complexities of busi- WordPerfect Office X8,” PCMag, (Aug. 26, hacker.com/ifttt-rebrands-its-recipes-as- 2016), www.pcmag.com/article2/0,2817,2468 applets-rolls-all-its-mo-1788492982]. ness operations today have 426,00.asp [web.archive.org/web/ 20160830013 13. Eric Griffith, “The 110 Best IFTTT Reci- many of us struggling with 230/http://www.pcmag.com/article2/ pes,” PCMag (Aug. 4, 2015), www.pcmag.com/ 0,2817,2468426,00.asp]. article2/0,2817,2424077,00 [web.archive.org/ simple routine tasks when we 3. Id. under “Additional Features” web/20170104155031/http://www.pcmag. need to be focusing on our 4. Neil J. Squillante,”TL NewsWire Top 25 com/article2/0,2817,2424077,00.asp]. Products of 2016 Awards,” TechnoLawyer Blog, 14. Jill Duffy, “Review of Zapier,” PCMag most important work. Neither (Dec. 22, 2016), blog.technolawyer.com/2016/ (Feb. 1, 2016), www.pcmag.com/article2/ we lawyers nor our staff can 12/tl-newswire-top-25-products-2016-awards 0,2817,2496696,00 [web.archive.org/web/2016 spend the time to type the same (Last visited Jan. 5, 2017). 0504234359/http://www.pcmag.com/ 5. Jim Calloway, “Your Document Czar,” article2/0,2817,2496696,00.asp] phrases over and over again Law Practice, July-Aug. 2015, at 74-76, www. 15. Jason Gershenson, “Zapier Zaps for during the work week if there mazdigital.com/webreader/30731?page=76 Lawyers,” Lawyerist.com (May 2, 2016), law- (Last visited Jan. 5, 2017). yerist.com/111159/zapier-zaps-lawyers/ (Last is a better option. Try a couple 6. Deborah Savadra, “Efficient Lawyer’s visited Jan. 5, 2017). of these automation tools and Guide to Word,” Legal Off. Guru Blog, legal 16. Zapier, “Automate Clio Tasks Using officeguru.com/downloads/efficient-lawyers- Zapier,” zapier.com/zapbook/clio/ (Last vis- see if they are reliable and actu- guide-to-word (Last visited Jan. 5, 2017). ited Jan. 5, 2017). ally improve your daily work. 7. Deborah Savadra, “Bulletproof Para- 17. PracticePanther “PracticePanther Adds graph Numbering, Part 1,” Legal Off. GuruBlog, Zapier to Offer Unlimited Integration Capa- legalofficeguru.com/bulletproof-paragraph- bilities,” www.practicepanther.com/zapier numbering-part-1/ (Last visited Jan. 5, 2017). -integration (Last visited Jan. 5, 2017).

OKLAHOMA BAR JOURNAL EDITORIAL CALENDAR

n March n September 2017 Issues Work/Life Balance Bar Convention n February Editor: Melissa DeLacerda Editor: Carol Manning Energy Law [email protected] n October Editor: Luke Adams Deadline: Oct. 1, 2016 Insurance Law [email protected] n April Editor: Renée DeMoss Deadline: Oct. 1, 2016 Law Day [email protected] Editor: Carol Manning Deadline: May 1, 2017 n May n November Constitutional Law Administrative Law If you would Editor: Erin L. Means Editor: Mark Ramsey [email protected] [email protected] like to write an Deadline: Jan. 1, 2017 Deadline: Aug. 1, 2017 article on these n August n December topics, contact Technology & Office Ethics & Professional Management Responsibility the editor. Editor: Amanda Grant Editor: Leslie Taylor [email protected] [email protected] Deadline: May 1, 2017 Deadline: Aug. 1, 2017

Vol. 88— No. 2 — 1/21/2017 The Oklahoma Bar Journal 143 ETHICS & PROFESSIONAL RESPONSIBILITY

How to Register an Out-of-State Attorney to Practice in an Oklahoma State Forum By Gina Hendryx new applications from Out-of-state attorneys who application informa- out-of-state attorneys in 2016 wish to practice in an Oklaho- tion, the applicant’s 564 ma state forum must first regis- good standing in his ter with the Oklahoma Bar licensing jurisdiction waiver requests of the Association. The registration and payment of application fee in 2016 2 rules for attorneys from other applicable fees. All jurisdictions can be found in obtained and verified average new out-of-state the Rules Creating and Control- information is sub- attorneys per year over the ling the Oklahoma Bar Associa- mitted to the Oklaho- 600 last 6 years tion, 5 O.S. Ch. 1, App. 1, Art. ma court or tribunal II. To appear in an Oklahoma as an exhibit to a attorneys have renewed more than forum, the out-of-state attorney “Motion to Admit on average per year must first: Pro Hac Vice.” 550 1) Complete and submit It is then within the to the OBA a signed presiding judge’s dis- In 2016, the Office of the Gen- application form which cretion whether to permit an eral Counsel processed 564 new can be obtained at attorney to appear in his court- applications from out-of-state www.okbar.org or by room. attorneys requesting to practice calling 405-416-7062. before an Oklahoma state tribu- All out-of-state attorneys nal. Out-of-state attorneys 2) Submit current certificates appearing before an Oklahoma appearing pro bono to repre- of good standing from the tribunal must associate with sent criminal indigent defen- attorney’s licensing juris- local counsel. Local counsel is dants, or on behalf of persons dictions. The certificates defined as an active member of who otherwise would qualify should be issued within the OBA in good standing. It is for representation under the 30 days of submission. then up to the presiding judge guidelines of the Legal Services 3) Pay the registration fee or officer whether to allow the Corp. due to their incomes, of $350 per attorney per out-of-state attorney to appear may request a waiver of the case made payable to the at hearings without the local application fee from the OBA. Oklahoma Bar Associa- counsel in attendance. In 2016, the Office of the tion. The fee may be An Oklahoma court may General Counsel processed charged to a credit card temporarily admit an out-of- two waiver requests of the by contacting Ben Douglas state attorney on a showing of application fee. at 405-416-7062. good cause for noncompliance Over the past six years, new Upon receipt of the applica- with the provisions of the rule. out-of-state attorney registra- tion, certificates of good stand- However, this temporary ad- tions have averaged nearly 600 ing and the fee payment, the mission may be for no longer per year. Likewise, more than OBA will review and issue a than 10 days and the attorney 550 attorneys have renewed on “Certificate of Compliance.” must comply with the registra- average per year. tion requirements. Certificates of Compliance are Ms. Hendryx is OBA general issued after confirmation of the counsel.

144 The Oklahoma Bar Journal Vol. 88— No. 2 — 1/21/2017 BOARD OF GOVERNORS ACTIONS Meeting Summary

The Oklahoma Bar Association briefing regarding Annual liams gave an excellent report Board of Governors met at the Meeting activities. on new laws. He also attended Sheraton Hotel in Oklahoma a luncheon for pro bono law- BOARD MEMBER REPORTS City in conjunction with the yers in Lawton. Governor Por- OBA Annual Meeting on Governor Coyle reported he ter reported she judged the OU Wednesday, Nov. 2, 2016. attended the Oklahoma County Law Calvert Moot Court Com- REPORT OF THE Bar Association meeting and petition, moderated and pre- PRESIDENT Criminal Law Section luncheon sented a segment at the OBA at which awards were present- DUI 101 CLE at the bar center, President Isaacs reported he ed. He said the luncheon was and attended a regular meeting is continuing to deliver juror well attended. Governor Got- of the Oklahoma Board of Tests appreciation plaques, posters wals reported he attended an for Alcohol and Drug Influence. and certificates to courthouses inns of court presentation on Governor Weedn reported he around the state. Since the last intellectual property, Quality attended the Ottawa County meeting, he has traveled to Assurance Panel meeting, a Bar Association monthly meet- Tulsa, Rogers, Pawhuska, meeting with judges, the dis- ing at which he discussed Grady, Caddo and Comanche trict attorney and a county Annual Meeting plans and Law counties. He called about 30 commissioner on law library Day. county bar presidents to issues, Tulsa County Bar Asso- REPORT OF THE YOUNG encourage them to promote ciation library trustees meeting LAWYERS DIVISION attending the OBA Annual and Tulsa County Bar Founda- Meeting to their members. He tion Board of Trustees meeting. Governor Will reported he said many of the presidents Governor Hicks reported he attended the ABA YLD fall con- expressed concern about the attended the Tulsa County Bar ference in Detroit and chaired lack of funding for the judicia- Foundation meeting. Governor the division’s board meeting ry, which forces the continu- Hutter reported she attended via BlueJeans conferencing. He ance of jury trials because of the Women in Law Conference said earlier in the week an lack of funds to pay jurors. He awards luncheon, retirement email was sent to all YLD mem- also gave a speech at a pro ceremony and reception for bers inviting them to attend the bono seminar. Judge Foss and Cleveland YLD reception during Annual REPORT OF THE County Bar Association execu- Meeting, and he was expecting EXECUTIVE DIRECTOR tive monthly meeting. Gover- good attendance. nor Kee reported he visited REPORT OF THE SUPREME Executive Director Williams seven counties in his district to COURT LIAISON reported he attended a meeting talk to county bar association with the Lawyers Helping Law- presidents and to leave them Justice Kauger reported yers Assistance Program pro- Annual Meeting materials to the last Movie Night with the vider, Solo & Small Firm Con- hand out to their county bar Justices CLE will feature the ference Planning Committee members. He talked to several movie, The Thomas Crown Affair, meeting, Access to Justice Com- other county bar presidents, and Blossoms in the Dust will be mission meeting, YLD board who were encouraging their featured next year. meeting via BlueJeans confer- members to attend the conven- BOARD LIAISON REPORT ence technology, a meeting to tion. Governor Kinslow, discuss greater OBA videocon- unable to attend the meeting, Governor Gotwals reported ferencing on public and mem- reported via email he attended long-time Professionalism ber issues, meeting with Shera- the Comanche County Bar Committee member Fred Slick- ton Hotel staff for final Annual Association monthly meeting at er passed away, and the com- Meeting orders and a staff which Executive Director Wil-

Vol. 88— No. 2 — 1/21/2017 The Oklahoma Bar Journal 145 mittee will honor him. A date Brown, Tulsa, as chairperson Investment Committee — for the seminar has been set. with a term to expire 12/31/ Reappoint M. Joe Crosthwait 2017; appoint Mike Mordy, Jr., Midwest City, as chairper- BOARD OF EDITORS APPOINTMENTS Ardmore; Ryan Patterson, son and Kendra M. Robben, Oklahoma City and Adrienne Oklahoma City, as vice The board approved Presi- Watt, Tulsa, as members with chairperson, terms expire dent-Elect Thomas’ recommen- terms to expire 12/31/2019. 12/31/2017; reappoint M. Joe Crosthwait, Midwest City; Ken- dations to reappoint Melissa OKLAHOMA INDIAN DeLacerda, Stillwater, as LEGAL SERVICES dra Robben, Oklahoma City; chairperson, term to expire APPOINTMENT Susan Shields, Oklahoma City; 12/31/17; reappoint Shannon Bill Grimm, Tulsa and Claire Prescott, Okmulgee (Dist. 7) The board approved Presi- Bailey, Norman, as members, and Leslie Diane Taylor, Ada dent-Elect Thomas’ recommen- terms expire 12/31/2019. (Dist. 8) and appoint Charles dations to reappoint Diane Scott Jones, Oklahoma City Hammons, Tahlequah, term to Legal Ethics Advisory Panel – (Dist. 3) as editors with terms expire 12/31/2019. Reappoint Steven Balman, to expire 12/31/2019. Tulsa, as panel coordinator, PROFESSIONAL term expires 12/31/2017; Okla- CLIENTS’ SECURITY FUND RESPONSIBILITY homa City panel: reappoint APPOINTMENTS COMMISSION Leasa Stewart, Oklahoma City, APPOINTMENTS James Waldo, Oklahoma City, The board approved Presi- and appoint Harry Woods, dent-Elect Thomas’ recommen- The board approved Presi- Oklahoma City, terms expire dations to reappoint Micheal dent-Elect Thomas’ recommen- 12/31/2019; Tulsa panel: Salem, Norman, as chairperson dations to appoint Phil Tucker, reappoint Jon Prather, Tulsa; and Dan Sprouse, Pauls Valley, Edmond and Sid Swinson, Steve Balman, Tulsa and David as vice chairperson with terms Tulsa, as members with terms Butler, Enid, terms expire to expire 12/31/2017; reappoint to expire 12/31/2019. 12/31/2019. Bradley Brown, Tulsa; Peggy OBA 2017 STANDING Stockwell, Norman and Luke COMMITTEE LEADERSHIP NEXT MEETING Adams, Clinton; appoint Ste- AND BOARD OF The Board of Governors met phen R. Stephens, Stillwater, as GOVERNORS LIAISONS members with terms to expire Dec. 9, 2016, and Jan. 20, 2017, 12/31/2019; and reappoint lay- President-Elect Thomas pre- at the Oklahoma Bar Center in person Robert Sunday, Eufaula, sented a list of bar members Oklahoma City. A summary of as a member with a term to she has appointed as committee those actions will be published expire 12/31/2019. chairs and vice chairs in addi- after the minutes are approved. tion to board member assign- The next board meeting will be MCLE COMMISSION ments as liaisons. at 10 a.m. Friday, Feb. 17, 2017, APPOINTMENTS at the Oklahoma Bar Center in APPOINTMENTS Oklahoma City. The board approved Presi- dent-Elect Thomas’ recommen- President-Elect Thomas dations to reappoint Jack L. announced the appointments of:

146 The Oklahoma Bar Journal Vol. 88— No. 2 — 1/21/2017 BAR FOUNDATION NEWS

Happy New Year! By Renée DeMoss

The year 2016 was a year • Provided over 70,000 of transition and success Oklahomans with legal for the Oklahoma Bar services and education. Meet the Foundation. Our achieve- • Along with other IOLTA ments are due to the 2017 programs across the efforts of Oklahoma law- nation, and based on Board yers. We thank you — our the state’s poverty lev- lawyer members, our Fel- President els, received over $4.5 lows, our board members million in funding to be Kevin and officers — for your used for mortgage fore- Donelson unwavering support and closure defense and commitment. The founda- community redevelop- Kevin Donel- tion is especially proud to ment program grants son practices in work alongside our grant- in Oklahoma. the areas of Kevin Donelson ee organizations, which labor and em- reached record numbers in • Increased IOLTA ployment law 2016. Armed with founda- income to almost and civil and commercial litigation at the tion funds provided by $440,000 in 2016, from a Fellers Snider Law Firm in Oklahoma City. Oklahoma lawyers, these low of $241,000 in 2012. He earned his law degree from the OU nonprofits took action to • Provided programs College of Law in 1988 and his B.A. from provide needed legal ser- Southwestern Oklahoma State University. vices, education and aid in across the state, telling the administration of jus- the foundation’s story Mr. Donelson serves on the OBF Board tice in our state. Let us to local bar associations, of Trustees Executive Committee where he take a moment to reflect sections, lawyer groups has served as secretary/treasurer and vice on and celebrate the and community groups. president before becoming president. He accomplishments of 2016 • Finalized rebranding, has also co-chaired the Oklahoma Fellows and look forward to the website material and of the American Bar Foundation, served on opportunities that await us software changes and the Board of Directors for the Oklahoma in 2017. updates — and em- County Bar Association and the Oklahoma City Board of Adjustment. He is also a In 2016, we hit a number phasized social media outreach. member of the Fellows of the American of milestones: Bar Foundation. • Revised the founda- • Celebrated the founda- “The Bar Foundation has made some tion’s 70th anniversary tion’s grant process to simplify procedures important changes over the past two — founded in 1946, the years,” he said. “These changes are leading Oklahoma Bar Founda- while obtaining more relevant information. us into a very positive direction for the tion is the nation’s third future. We need to expand our opportuni- oldest foundation. • Focused on making our ties including educating the bar and the • Awarded more than grantees the centerpiece judiciary that the bar foundation is available $12 million in grants of communications and to receive Cy Près Awards.” and scholarships in development efforts — Oklahoma. the work they do is why we exist.

Vol. 88— No. 2 — 1/21/2017 The Oklahoma Bar Journal 147 The foundation enters 2017 with optimism, determination and gratitude. We are incredi- bly fortunate to have won- derful partnerships with our Oklahoma attorneys, law schools, banks and fellow nonprofits. On a personal note, it is with honor that I start 2017 as executive director of the foundation. I can think of no other job in the legal pro- fession that could provide more personal and profession- al fulfillment and pride than this one. In 2017 as the foundation continues to grow, we will keep working for all Oklaho- Meet Your Oklahoma Bar Foundation Staff – (From left, top mans in all communities row) Director of Development & Communications Candice Jones, across the state to help ensure Executive Director Renée DeMoss; (from left, bottom) IOLTA that they receive the services Manager Deb Holt and Executive Assistant Jessi Hesami. they need. On behalf of the staff of the Oklahoma Bar About The Author Foundation, thank you. We appreciate your commitment Renée DeMoss is OBF executive to our Oklahoma communi- director. Contact her at 405-416- ties, our citizens and our mis- 7070 or [email protected]. More sion. We wish each and every information can be found at www. one of you joy and success okbarfoundation.org. in 2017.

148 The Oklahoma Bar Journal Vol. 88— No. 2 — 1/21/2017 Vol. 88— No. 2 — 1/21/2017 The Oklahoma Bar Journal 149 YOUNG LAWYERS DIVISION

New Year, New Leadership, Same Commitment to Our Communities By Lane R. Neal

Every new year provides us our new lawyers at the swear- with an opportunity to reflect ing-in ceremonies in the spring on years gone by and look for- and fall. We will also have our ward to the opportunities that networking events at the Solo are ahead. As I write my first & Small Firm Conference in article as YLD chair, I have June and the Annual Meeting taken a moment to reflect on in November and will host a the chairpersons who served few membership events before me. The YLD has bene- throughout the year. fitted from years of terrific Another service project I am leadership. Most recently, 2016 excited to continue is the YLD was a great year for the YLD Kick It Forward program. This under the leadership of Bryon program helps lawyers of all Will. I hope to continue the tra- ages who are struggling to pay ditions of YLD service and sup- their dues and is funded com- port for young lawyers for Lane R. Neal pletely through voluntary which we are well known keeping the YLD in touch with donations. Last year, the pro- across the state. young lawyers in Oklahoma. gram paid 2016 membership I am excited to get to work dues for 10 OBA members. For While the YLD is fortunate to with all of the YLD board mem- more information on how to have great board involvement, I bers to make 2017 a memorable donate or apply for assistance, encourage other young lawyers year. Some may not realize it, visit the Kick It Forward web- to become active in the YLD. but our board members give up site at www.okbar.org/mem- We always have room for new several Saturday mornings bers/YLD/kickitforward. ideas and extra help with our throughout the year to attend projects and on our committees. I would also like to welcome our board meetings and com- I would encourage anyone our new board members. The munity service projects. It’s thinking about getting involved YLD board now has representa- great to know the OBA has so to go ahead and do it! Feel free tion from all across the state. many young lawyers from to contact me directly if you For instance, we have members across the state who are willing would like to get involved. from Altus, McAlester, Grove, and eager to serve. Enid, Bartlesville, Tulsa, Okla- About The Author One of the service projects is homa City as well as several assembling bar exam survival other cities across our state. I Lane R. Neal practices in Okla- kits in February and July to dis- believe the diverse membership homa City and serves as the YLD tribute to Oklahoma bar exam from across the state is vital in chairperson. He may be contacted takers, as well as welcoming at [email protected].

150 The Oklahoma Bar Journal Vol. 88— No. 2 — 1/21/2017 FOR YOUR INFORMATION

Jan. 29, 2017 - OBA Legislative Reading Day The Oklahoma Legislature recon- venes next month and hundreds of bills have been prefiled. Much of that proposed legislation could affect the administration of justice, and some will undoubtedly affect your practice. Join the OBA Legislative Monitoring Committee at 10 a.m. Saturday, Jan. 29, 2017, at the Oklahoma Bar Center as they identify top bills of interest to the OBA and your practice area. Plus, earn 2 hours of MCLE credit. Lunch will be provided. RSVP to Debbie Brink at [email protected], if you’d like to attend.

Save the Date - OBA Day at the Capitol New Board Members Take Oath March 21 Nine new members of the OBA Board of Oklahoma lawyers, let your voices be heard! Governors were OBA will host its annual Day at the Capitol sworn into their Tuesday, March 21. Registration begins at positions Jan. 20 in 10 a.m. at the Okla- the Supreme Court homa Bar Center, Ceremonial Court- 1901 N. Lincoln room at the state Blvd., and the Capitol. agenda will feature speakers comment- Officers taking the ing on legislation oath were Linda S. affecting various Thomas, Bartles- practice areas. We ville, president; also will have Kimberly Hays, Linda Thomas remarks from the Tulsa, president- judiciary and bar elect and Jennifer leaders, and lunch Castillo, Oklahoma City, vice president. will be provided Sworn into the Board of Governors to rep- before we go over resent their judicial districts for three-year to the capitol for terms were Mark E. Fields, McAlester; the afternoon. Jimmy D. Oliver, Stillwater; Bryon J. Will, Check www.okbar. Yukon and James R. Hicks, at large, Tulsa. org for more Sworn into one-year terms on the board updates. were Garvin A. Isaacs, Oklahoma City, immediate past president and Lane Neal, Oklahoma City, Young Lawyers Division chairperson.

Vol. 88— No. 2 — 1/21/2017 The Oklahoma Bar Journal 151 LHL Discussion Group Hosts February Meeting Connect With the OBA Through Social Media “How to Approach a Colleague About Substance Abuse or Other Impairment” will be the topic of the Have you checked out the OBA Face- Feb. 2 meeting of the Lawyers Helping Lawyers month- book page? It’s a great way to get ly discussion group. Each meeting, always the first updates and information about Thursday of the month, is facilitated by committee upcoming events and the Oklahoma members and a licensed mental health professional. legal community. Like our page at The group meets from 6 to 7:30 p.m. at the office of www.facebook.com/OklahomaBar Tom Cummings, 701 N.W. 13th St. Oklahoma City. Association and be sure to follow There is no cost to attend and snacks will be provided. @OklahomaBar on Twitter. RSVPs to Lori King, [email protected], are encour- aged to ensure there is food for all.

Aspiring Writers Take Note We want to feature your work on “The Back Page.” Submit articles relat- ed to the practice of law, or send us something humorous, transforming or intriguing. Poetry is an option too. Send submissions of about 500 words to OBA Communications Director LAWYERS HELPING LAWYERS Carol Manning, [email protected]. ASSISTANCE PROGRAM Call 24/7 — 800-364-7886

OBA Member Resignations The following members have resigned as members of the association and notice is hereby given of such resignation: Steven Scott Ashmore J. Vince Hightower Debra Schwartz OBA No. 17514 OBA No. 10333 OBA No. 18464 Walker Center, 209 West 174 Rainbow Dr., #7426 510 Avenida Sevilla, Unit B 1406 Asp Avenue Livingston, TX 77399-1074 Laguna Woods, CA Norman, OK 73019 2637-8080 Nancy A. Martin Frank R. Dale OBA No. 15032 Michael C. Stovall Jr. OBA No. 2134 205 N.W. A Street OBA No. 11032 4835 S. Peoria, Ste. 11 Bentonville, AR 72712-4092 2424 E. 21st St., Ste. 500 Tulsa, OK 74105 Tulsa, OK 74114 Andrew Supplee Nimick Ross Carl Goodman OBA No. 13330 Clark Douglas Whisenant OBA No. 16838 2028 Broad Hill Farms Road OBA No. 22763 520 S. 4th Street Moon Township, PA Chevron Services Co. Las Vegas, NV 89101 15108-9011 1400 Smith St., #6050 Houston, TX 77002 Melissa Carol Haddock John Scott Odell OBA No. 18939 OBA No. 6745 Novell Jeanenne Wilson 3520 N.W. 44th Street 498 Palos Verdes Blvd. OBA No. 11573 Oklahoma City, OK 73112 Redondo Beach, CA 90277 5801 E. 41st, Ste. 300 Tulsa, OK 74135

152 The Oklahoma Bar Journal Vol. 88— No. 2 — 1/21/2017 BENCH & BAR BRIEFS

undergraduate commence- ment ceremonies Dec. 10. ason D. Baker gave an oil Jand gas ethics presentation titled “When a Mineral Buyer ndré B. Caldwell and Has a Duty to Disclose” at the ASusan E. Huntsman have Tulsa County Bar Association been elected as chair and co- ason Johnston has been Energy and Mineral Law chair for Crowe & Dunlevy’s Mnamed partner at Atkins Section CLE seminar. Diversity Committee. Mary and Markoff. Mr. Mason is athy Christensen pre- Ellen Ternes, also of the firm, the lead disability attorney sented an ethics seminar was elected incoming secre- at the firm. C at the judicial conference. Her tary for the American College olly E. Tipton and C. presentation was titled “Eth- of Environmental Lawyers. MEric Davis have joined ics and Traffic Court — When hilip Hixon was elected Phillips Murrah as oil and gas the Judge Doesn’t See the Pvice president and Stacy attorneys in the firm’s Okla- Stop Sign.” Brklacich secretary for the homa City offices. Ms. Tipton represents both privately- How to place an announce- Oklahoma Health Lawyers ment: The Oklahoma Bar Journal Association. owned and public companies in oil and gas matters. Mr. welcomes short articles or Joe Crosthwait Jr. was Davis represents clients in a news items about OBA mem- bers and upcoming meetings. M. elected unopposed to range of regulatory and ener- be a state delegate for a three- If you are an OBA member and gy matters. you’ve moved, become a part- year term beginning with the Todd Laster has joined ner, hired an associate, taken adjournment of the ABA 2017 on a partner, received a promo- Annual Meeting. A. Shook & Johnson PLLC as an associate attorney. Mr. tion or an award, or given a liff Elliott and Judge Laster will continue his talk or speech with statewide or national stature, we’d like CNorman Grey each bankruptcy practice and will received a Lifetime Achieve- to hear from you. Sections, also assist the firm in trans- committees, and county bar ment Award from the Gar- actional and employment associations are encouraged field County Bar Association. related matters. to submit short stories about The award is given to attor- upcoming or recent activities. neys who have made the law Honors bestowed by other their career and who have publications (e.g., Super Law- demonstrated a high compe- yers, Best Lawyers, etc.) will not tence in the law as well as be accepted as announcements. high ethical standards. The (Oklahoma-based publications awards were presented at the are the exception.) Information annual Garfield County Bar selected for publication is Association Christmas party printed at no cost, subject to Dec. 15. teven J. Adams, Terry D. editing, and printed as space SRagsdale and Bradley W. permits. Welsh presented “The Rule Submit news items via email to: Against Perpetuities is Alive Lacey Plaudis and Well” at the Tulsa County Communications Dept. Bar Association Energy and Oklahoma Bar Association Mineral Law Section CLE 405-416-7017 seminar. [email protected] klahoma Supreme Court Articles for the March 11 Issue OJustice Steven Taylor was must be received by Feb. 6. a featured speaker at the OSU

Vol. 88— No. 2 — 1/21/2017 The Oklahoma Bar Journal 153 IN MEMORIAM

arry Derryberry of Okla- Department of Veteran Affairs where he attended on a golf Lhoma City died Nov. 19. as a claims processor in scholarship. He furthered his Mr. Derryberry was born Muskogee. He was a veteran studies at OU, where in 1985 April 22, 1939. While in high of the U.S. Navy and served he received his J.D. He re- school he was a champion during the Vietnam War. mained in Oklahoma City as 4-H Club member. He gradu- a partner at Fellers Snider icki Robertson died ated from OU with a B.A. in Law Firm for over 20 years. Dec. 5. Ms. Robertson was history in 1961 and a J.D. V In 2005, he and his family born Oct. 5, 1949, in Ponca from the OU College of Law moved to Gonzales, Louisi- City. She graduated from OU in 1963. While a second-year ana, where he opened Sleep in 1970 with a Bachelor of Sci- law student, he was elected to Rite sleep study centers. His ence degree. She taught math the Oklahoma Legislature favorite hobbies were golf, at Northwest Classen High where he served his Jackson snow skiing and more recent- School for six years and County constituents in the ly he had become an avid coached the girls’ tennis team. House of Representatives. runner, having completed She received her J.D. from the After graduation, he practiced four half-marathons. In lieu OCU School of Law in 1978 law at Oden, Oden and Der- of flowers, donations may be while working for The Hart- ryberry. In 1970, he was elect- made to the American Brain ford Insurance. After passing ed to the Office of the Attor- Tumor Association. ney General of the state of the bar, she worked in Hart- ohn Joseph White Oklahoma. In 1979, he re- ford’s legal department. In of Law- turned to the practice of law, 1980 she joined the law firm Jton died Dec. 1. He was establishing his law firm in of Holloway, Dobson, Bach- born Nov. 14, 1929, in Oklaho- Oklahoma City. He was a poet, man, Alden, Robertson and ma City. He attended Catholic songwriter and author. His Holloway. In 1996 she was school in Oklahoma City and first children’s book, The Okla- sworn in as a special judge for graduated from Saint Bene- homa Scranimal, was selected as Oklahoma County. In 1999 dict’s College in Atchison, He served an Oklahoma Centennial Chil- she was sworn in as a district Kansas, in 1951. five years in the U.S. Air dren’s Book in 2007. judge. She retired in 2010 from the Oklahoma County Force. After he was dis- obert Riddle of Muskogee District Court and was then charged he worked as a chem- Rdied July 1. Mr. Riddle appointed secretary of the ist for the Department of was born Sept. 30, 1949, in Judicial Ethics Advisory Agriculture. During this time, Prague. He graduated from Panel. She loved traveling, he attended the OCU School Prague High School in 1967. golfing and playing tennis. of Law and graduated in He then attended OSU where 1951. He served as first assis- ino Edgardo Viera died he received a degree in petro- tant district attorney for the Dec. 1 in New Orleans. leum engineering. He went D third judicial district of Okla- Mr. Viera was born May 24, on to receive his J.D. from the homa retiring in 1992. Follow- 1959, in New Orleans. He OU College of Law in 1996. ing his retirement, he traveled pursued his bachelor’s degree He practiced law in Shawnee the nation as an insurance in political science at the Uni- and later went to work for the adjuster. versity of New Orleans,

154 The Oklahoma Bar Journal Vol. 88— No. 2 — 1/21/2017 WHAT’S ONLINE

Get Involved 10 Things That Did you make a resolution to become more involved with the OBA in 2017? Sign up for a Should be on Your committee or section and get involved in a meaningful way. Radar in 2017 www.okbar.org/members/ Technology and the legal profession are Committees/CommitteeSignUp changing rapidly. Lawyers need to think differ- ently about marketing, big data, project delivery and leadership. Here are 10 things that should be on your law firm’s radar in 2017. goo.gl/n5dPgJ

How to Track Business Success Success can mean different things to different people. No matter what your definition, you must have a way to track it. Check out these tips to help you measure your success and track your 2017 business goals. goo.gl/U7mQ96 CLE Don’t repeat last year’s mistake! Avoid last minute stress by getting a jumpstart on your CLE for the year. www.okbar.org/members/CLE

Vol. 88— No. 2 — 1/21/2017 The Oklahoma Bar Journal 155 CLASSIFIED ADS

SERVICES ANNOUNCEMENTS

OF COUNSEL LEGAL RESOURCES — SINCE 1992 — STEVEN L. TOLSON REOPENED HIS LAW PRAC- Exclusive research & writing. Highest quality: trial and TICE on Jan. 1, 2017, focusing on business and civil appellate, state and federal, admitted and practiced litigation, business formation, corporate and commer- U.S. Supreme Court. Over 20 published opinions with cial law, probate, divorce, general practice and civil numerous reversals on certiorari. MaryGaye LeBoeuf mediation. He can be reached at 405 752-7541 or at 405-728-9925, [email protected]. [email protected]. INTERESTED IN PURCHASING PRODUCING & OFFICE SPACE NONPRODUCING Minerals; ORRI; O & G Interests. Please contact: Patrick Cowan, CPL, CSW Corporation, SHARED PROFESSIONAL OFFICE SPACE AVAIL- P.O. Box 21655, Oklahoma City, OK 73156-1655; 405- ABLE IN FOX CENTRE (808 W GORE BLVD, LAW- 755-7200; Fax 405-755-5555; email: [email protected]. TON). Reception area, handicapped accessible, recep- tionist, conference room, kitchenette, telephone Appeals and litigation support answered, copier, fax, alarm system, mail handling Expert research and writing by a veteran generalist and other services. Rates variable. All calls confiden- who thrives on variety. Virtually any subject or any tial. 580-353-3688. type of project, large or small. NANCY K. ANDER- NW OKC OFFICE SPACE AVAILABLE. One large of- SON, 405-682-9554, [email protected]. fice with great lake view and secretarial area. Furnished Creative. Clear. Concise. reception area, conference room, kitchen, internet and free parking. Contact [email protected]. BRIEF WRITING, APPEALS, RESEARCH AND DIS- COVERY SUPPORT. Eighteen years experience in civil litigation. Backed by established firm. Neil D. Van Dal- POSITIONS AVAILABLE sem, Taylor, Ryan, Minton, Van Dalsem & Williams PC, THE OKLAHOMA BAR ASSOCIATION HEROES pro- 918-749-5566, [email protected]. gram is looking for several volunteer attorneys. The need for FAMILY LAW ATTORNEYS is critical, but at- HANDWRITING IDENTIFICATION torneys from all practice areas are needed. All ages, all POLYGRAPH EXAMINATION counties. Gain invaluable experience, or mentor a Board Certified Court Qualified young attorney, while helping someone in need. For Diplomate — ABFE Former OSBI Agent more information or to sign up, contact Gisele Perry- man, 405-416-7086 or [email protected]. Life Fellow — ACFEI FBI National Academy OKLAHOMA BASED TRIBE SEEKS STAFF ATTOR- Arthur D. Linville 405-736-1925 NEY. Office location: Oklahoma, Texas, Utah or Kan- sas. Salaried/health/401(k)/vacation/sick leave, etc. MEDICAL MALPRACTICE CASE REVIEW: Board Required expertise in federal administrative, human certified pediatrician and member of the Oklahoma resource, corporate and Native American law. Recent Bar Association. Available to review any issues in- graduates are encouraged to apply. Strong work ethic volving neonates, children and adolescents. William and self-motivation skills required. All replies consid- P. Simmons, M.D., J.D. 850-877-1162 wsimmons@ ered confidential. Send resume and salary require- northfloridapeds.com. ments to: “Box Z,” Oklahoma Bar Association, P.O. Box WTP ant o urchase Minerals AND OTHER OIL/ 53036, Oklahoma City, OK 73152. GAS INTERESTS. Send details to: P.O. Box 13557, Den- ver, CO 80201. ATTORNEY (with 3 to 5 years experience) SOFT-TISSUE CASE THAT JUST WON’T SETTLE? Tra- vis Charles Smith is available to try your case for you, or needed for general civil practice, by AV-rated Tulsa assist you as second chair. Travis is a trial lawyer, not a insurance and transportation defense firm. Very claims adjuster, and is committed to helping the injured busy, fast-paced office offering competitive salary get what they really deserve. Services available on flat- commensurate with experience, health/life insur- fee or contingency basis. All inquiries are welcome. Call ance, 401k, etc. Candidates with strong academic 405-525-6671 or email [email protected]. background and practical litigation experience, please send a résumé and writing sample (10 pg. max) to “Box PP,” Oklahoma Bar Association, P.O. Box 53036, Oklahoma City, OK 73152.

156 The Oklahoma Bar Journal Vol. 88— No. 2 — 1/21/2017 POSITIONS AVAILABLE POSITIONS AVAILABLE

THE ASSOCIATE ATTORNEY WILL REVIEW PLEAD- DOWNTOWN OKLAHOMA CITY PERSONAL INJU- INGS, ASSIST WITH TASK AND WORKFLOW MAN- RY FIRM SEEKS AN ASSOCIATE with minimum 3 to 5 AGEMENT and accompanying paperwork, not limited years’ experience in general civil litigation. Individual to providing professional legal assistance, advice and must be able to draft pleadings, prepare discovery re- counsel with respect to collections and creditor’s rights. sponses and handle scheduling. Trial and deposition The position requires research and analysis of legal experience preferred. Please send your resume with questions and may entail daily court appearances. The salary requirements to [email protected]. position is part of a growing team of attorneys across several states and is located in Oklahoma City. Please THE TOBACCO ENFORCEMENT UNIT OF THE OK- send resumes to [email protected]. LAHOMA ATTORNEY GENERAL’S OFFICE IS SEEK- ING AN ASSISTANT ATTORNEY GENERAL to be EDMOND LAW FIRM SEEKING EXPERIENCED located in its Oklahoma City office. The Tobacco En- OIL AND GAS TITLE ATTORNEY. Prefer 5+ years’ ex- forcement Unit enforces state laws related to the manu- perience rendering Oklahoma title opinions. Pay com- facture, sale, distribution and possession of cigarettes mensurate with experience. Please send resume to and other tobacco products in Oklahoma. The assistant [email protected]. attorney general in this position will be responsible for maintaining Oklahoma’s Directory of Compliant To- bacco Product Manufacturers. The assistant attorney Make a Difference general will review records and reports and assist in Do you want a fulfilling career where you can on-site audits and inspections of tobacco manufactur- really make a difference in the lives of people? Are ers, wholesalers and retailers of cigarettes and tobacco you fervent about equal justice? Does a program products to assure that tobacco product manufacturers, with a purpose motivate you? Legal Aid Services wholesalers and retailers engaged in the sale of ciga- of Oklahoma, Inc. (LASO) is searching for an rettes and tobacco products in Oklahoma are compliant Attorney for its Stillwater Law Office. with all applicable state laws and regulatory require- We are a statewide, civil law firm providing legal ments. Applicants must be a licensed attorney in the services to the impoverished and senior population state of Oklahoma. The applicant must have knowl- of Oklahoma. With more than twenty offices and a edge of accounting principles, as well as the ability to staff of 180+, we are committed to the mission of comprehend complex laws and regulations. A valid equal justice. Oklahoma driver’s license and the ability to travel is The successful individuals will have a passion for required. All applicants must agree in writing to com- justice and empathy for impoverished individuals, plete, and satisfactorily pass, a background investiga- computer literate and willingness to learn and tion by the Office of the Attorney General. Resumes for contribute to a positive work environment. In this position should be sent to [email protected] return, the employee receives a great benefit and indicate which position the applicant is applying package including paid health, dental, life insur- for in the subject line of the email. EOE. ance plan; a pension, and generous leave benefits. JOHNSON & JONES PC seeks an experienced litiga- Additionally, LASO offers a great work environ- tion legal assistant. Candidates should have a mini- ment and educational/career opportunities. mum of 3 years of experience in a litigation practice. To start making a difference you MUST complete Responsibilities include preparing letters/pleadings, our application and submit it to Legal Aid Services scheduling, docketing and phone relief for receptionist. of Oklahoma. Plus factor: familiarity with PCLaw accounting/docu- The online application can be found: ment management software, Adobe Pro, MS Word and https://legalaidokemployment.wufoo.com/ ECF federal filings. Please email cover letter and re- forms/z7x4z5/ sume to [email protected]. Print application THE TRUSKETT LAW FIRM PLLC HAS A JOB OPEN- http://www.legalaidok.org/ ING. Compensation and benefits for a full-time em- documents/388541Employment_Application_ ployee are competitive, including but not limited to Revised_10.2008.pdf health insurance, 401(k), paid time off, life insurance, Legal Aid is an Equal Opportunity/Affirmative dental insurance, vision insurance, bonuses, etc. The Action Employer. position includes research, writing, analyzing cases, client interaction, interaction with the courts, interac- DOWNTOWN OKLAHOMA LAW FIRM WITH FIVE tion with medical offices, drafting documents for court ATTORNEYS seeking of counsel attorney and/or office and working alongside fellow licensed attorneys. We sharing arrangement. Attorney(s) must have some ex- handle the following types of cases: personal injury, isting clients to join office and share expenses. Some motor vehicle crash, slip and fall and catastrophic in- referrals could be available. Telephone, internet, recep- jury cases. We handle cases that are in prelitigation and tionist, conference room, access to kitchen, access to in litigation. We practice in federal district courts, state printer/copier/fax/scanner on system network. If in- district courts and in the work comp courts. Please terested, please contact us at “Box A,” Oklahoma Bar send resume, transcript, list of references and a cover Association, P.O. Box 53036, Oklahoma City, OK 73152. letter to [email protected].

Vol. 88— No. 2 — 1/21/2017 The Oklahoma Bar Journal 157 POSITIONS AVAILABLE POSITIONS AVAILABLE

ESTABLISHED OKC LAW FIRM SEEKING ATTORNEY Make a Difference WITH EXPERIENCE IN HANDLING WORKERS’ Do you want a fulfilling career where you can COMPENSATION CASES. Must have strong research really make a difference in the lives of people? Are and writing skills and be able to work independently. you fervent about equal justice? Does a program Please submit resume and salary requirements to “Box with a purpose motivate you? Legal Aid Services W,” Oklahoma Bar Association, P.O. Box 53036, Oklaho- of Oklahoma, Inc. (LASO) is searching for an ma City, OK 73152. Attorney for its McAlester Law Office. We are a statewide, civil law firm providing legal Make a Difference services to the impoverished and senior population of Oklahoma. With more than twenty offices and a Do you want a fulfilling career where you can staff of 180+, we are committed to the mission of really make a difference in the lives of people? Are equal justice. you fervent about equal justice? Does a program with a purpose motivate you? Legal Aid Services The successful individuals will have a passion for of Oklahoma, Inc. (LASO) is searching for an justice and empathy for impoverished individuals, Attorney for its Norman Law Office. computer literate and willingness to learn and contribute to a positive work environment. In We are a statewide, civil law firm providing legal return, the employee receives a great benefit services to the impoverished and senior population package including paid health, dental, life insur- of Oklahoma. With more than twenty offices and a ance plan; a pension, and generous leave benefits. staff of 180+, we are committed to the mission of Additionally, LASO offers a great work environ- equal justice. ment and educational/career opportunities. The successful individuals will have a passion for To start making a difference you MUST complete justice and empathy for impoverished individuals, our application and submit it to Legal Aid Services computer literate and willingness to learn and of Oklahoma. contribute to a positive work environment. In return, the employee receives a great benefit The online application can be found: package including paid health, dental, life insur- https://legalaidokemployment.wufoo.com/ ance plan; a pension, and generous leave benefits. forms/z7x4z5/ Additionally, LASO offers a great work environ- Print application ment and educational/career opportunities. http://www.legalaidok.org/ To start making a difference you MUST complete documents/388541Employment_Application_ our application and submit it to Legal Aid Services Revised_10.2008.pdf of Oklahoma. Legal Aid is an Equal Opportunity/Affirmative The online application can be found: Action Employer. https://legalaidokemployment.wufoo.com/ forms/z7x4z5/ SMALL DOWNTOWN OKLAHOMA CITY FIRM OF DEFENSE ATTORNEYS WITH OFFICES IN DALLAS Print application SEEKS AN ASSOCIATE with 4 to 6 years’ experience in http://www.legalaidok.org/ product liability, catastrophic injury, premises liability, documents/388541Employment_Application_ medical malpractice, trucking/transportation, com- Revised_10.2008.pdf mercial litigation or expert intensive litigation. The Legal Aid is an Equal Opportunity/Affirmative firm offers an atmosphere of strong camaraderie with Action Employer. many long time employees and excellent support staff. Need a self-starter who can hit the ground running. The firm of NELSON TERRY MORTON DEWITT & Please send your resume and salary requirements to PARUOLO is seeking an attorney with a minimum of 1 [email protected]. year’s experience in civil trial practice, insurance de- fense litigation and insurance coverage. Please submit NORMAN LAW FIRM IS SEEKING SHARP, MOTI- your resume, cover letter and a writing sample to Rob- VATED ATTORNEYS for fast-paced transactional work. in Fitzpatrick, P.O. Box 138800, Oklahoma City, Okla- Members of our growing firm enjoy a team atmosphere homa 73113 or by email to [email protected]. and an energetic environment. Attorneys will be part of a creative process in solving tax cases, handle an assigned RESEARCH ATTORNEY NEEDED. Contract part- caseload and will be assisted by an experienced support time research and writing attorney needed to prepare staff. Our firm offers health insurance benefits, paid va- both state and federal criminal briefs and related cation, paid personal days and a 401K matching pro- pleadings. Pay negotiable depending on experience. gram. Applicants need to be admitted to practice law in Contact M. Michael Arnett at 405-767-0522, or fax re- Oklahoma. No tax experience necessary. Submit cover sume to 405-767-0529. letter and resume to [email protected].

158 The Oklahoma Bar Journal Vol. 88— No. 2 — 1/21/2017 POSITIONS AVAILABLE POSITIONS AVAILABLE CHILD SUPPORT SERVICES is seeking a full-time at- TULSA LITIGATION FIRM WITH DIVERSE CIVIL torney for three of our Child Support Services Offices: PRACTICE SEEKS AN ATTORNEY with between 3 to 1) North Oklahoma City District Office located at 2409 10 years of experience. Compensation DOE with excel- N Kelley Ave., Rm 103 Oklahoma City, Oklahoma lent benefits. Applications kept confidential. Send re- 73111; 2) Midwest City District Office located at 9901 sume, writing sample and references to [email protected]. S.E. 29th Street, Midwest City, Oklahoma 73130 and 3) Claremore District Office located at 515 East Patti PARALEGAL: Downtown Oklahoma City law firm Page Blvd, Claremore, Oklahoma 74017. The position seeks experienced paralegal. Salary and benefits highly involves negotiation with other attorneys and custom- competitive. The ideal candidate will have extensive ers as well as preparation and trial of cases in child sup- experience in document-intensive multi-party litiga- port hearings in district and administrative courts and tion and electronic discovery. Trial experience neces- the direction of staff in the preparation of legal docu- sary. Experience in summation, relativity, trial director ments. In addition, the successful candidate will help and other relevant litigation technology necessary. Be establish partnership networks and participate in com- self-motivated requiring limited supervision. Submit munity outreach activities within the service area in an resume to: [email protected]. effort to educate others regarding our services and their DOWNTOWN OKC LAW FIRM IS SEEKING AN AS- beneficial impact on families. Position will provide rec- SOCIATE ATTORNEY. Two to 5 years commercial ommendations and advice on policies and programs in transaction experience is preferred. Duties will include furtherance of strategic goals. In depth knowledge of assisting in commercial transactions including com- family law related to paternity establishment, child sup- mercial contracts, mergers and acquisitions, private eq- port and medical support matters is preferred. Prefer- uity/venture capital and securities. In addition, associ- ence may also be given to candidates who live in or are ate will assist senior attorneys who serve as outside willing to relocate to the service area. Active member- general counsel for clients. This is an opportunity to ship in the Oklahoma Bar Association is required. This work with a wide variety of clients in a great work en- position has alternate hiring levels. The beginning sal- vironment. Salary based on experience. Generous ben- ary is at least $42,771 annually with an outstanding ben- efits package. Please send your cover letter and resume efits package including health and dental insurance, to [email protected]. paid leave and retirement. Interested individuals must send a cover letter noting announcement number 17- R005U (North OKC), 17-R006U (Midwest City) or CLASSIFIED INFORMATION 17-R007U (Claremore), resume, three reference letters and a copy of current OBA card to: www.jobs.ok.gov. REGULAR CLASSIFIED ADS: $1.25 per word with $35 mini- Applications must be received no earlier than 8 a.m. on mum per insertion. Additional $15 for blind box. Blind box Jan. 9, 2017, and no later than 5 p.m. on Feb. 9, 2017. For word count must include “Box ___,” Oklahoma Bar Associa- additional information about this job opportunity, tion, PO Box 53036, Oklahoma City, OK 73152.” please email [email protected]. This position DISPLAY CLASSIFIED ADS: Bold headline, centered, border may be filled at an alternate hiring level as a Child Sup- are $60 per inch of depth. port Services Attorney III (beginning salary $4,321.67 DEADLINE: See www.okbar.org/members/BarJournal/ monthly), Child Support Services Attorney II (beginning advertising.aspx or call 405-416-7084 for deadlines. salary $3,942.92 monthly), or as a Child Support Services SEND AD (email preferred) stating number of times to be Attorney I (beginning salary $3,564.25 monthly). The published to: State of Oklahoma is an equal opportunity employer. [email protected], or OKLAHOMA CITY LAW FIRM SEEKS TITLE ATTOR- Mackenzie McDaniel, Oklahoma Bar Association, NEY. Must have experience with Oklahoma title, in- PO Box 53036, Oklahoma City, OK 73152. cluding HBP title, and preferably rendering Title Opin- Publication and contents of any advertisement are not to be ions. Please submit cover letter, resume and references deemed an endorsement of the views expressed therein, nor to [email protected]. shall the publication of any advertisement be considered an en- dorsement of the procedure or service involved. All placement notices must be clearly nondiscriminatory. DO NOT STAPLE BLIND BOX APPLICATIONS.

Vol. 88— No. 2 — 1/21/2017 The Oklahoma Bar Journal 159 THE BACK PAGE

To Be, or Not to Be, a Doctor? By Lorena Rivas

The direct Latin translation — a wise doctor who knows divorce and an immigration of the words juris doctorate is a how to navigate the complex case. We were not sure if we doctor of law. Thus, it would not legal system and fully advo- would prevail, but we did. be completely inappropriate if cate for them. The wise inter- The moment my client received an attorney was referred to as net states that this respectful the assurance that she and her a doctor. However, most attor- reverence derives from the daughter would be able to neys in the United States 12th century when an indi- remain in the U.S., with some would probably shrug such a vidual was first awarded a funds from the divorce settle- title off. After all, we ment, was a truly blissful didn’t complete residency day for both her and me. and only had to go to law While she wasn’t suffer- school for three years ing from a physical ail- after our bachelor’s ment when she first degree. I used to think the arrived at my office, same. she certainly was suffer- ing from an emotional The first time I was ailment. called a doctor was from a female client of mine from Since then, I’ve had Peru. She had been the many more clients from victim of domestic abuse Latin America refer to and had been abandoned me as doctora, each with by her abusive U.S. citizen their own story of angst husband. She came to me and need for help. While because she had been I still wonder if I am served with divorce worthy of being called a papers in the hotel room doctor, the client’s smile she was staying in with and sense of peace con- her young daughter. She firms that we, as attor- did not know what to do. neys, do have some type She was lost and in fear for her of healing powers, and there is future. She begged me, “Docto- doctor’s degree in civil law in no harm in being called such a ra, por favor ayudame. Doctor, Italy. This was two centuries name from time to time. please help me.” before a doctor’s degree was awarded in medicine. Ms. Rivas practices in Tulsa. In many countries of Latin America, an attorney is com- The case of my Peruvian cli- 1. See Milard King Roper Jr., “Ethics: Infor- ent was a complex one — a mation Opinion 1151 — Lawyers and the Title monly referred to as a doctor “Doctor,” 6 Akron Law Review 83 (1973).

160 The Oklahoma Bar Journal Vol. 88— No. 2 — 1/21/2017 6/0

THE EXPRESSIVE LITIGATOR: VOICE AND ITS RELATION TO PERSUASIVE STORY TELLING

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