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Legal Updates 2018 Legal Updates 2018 Program Moderator: Day One: Susan Damron, Director of Educational Programs (OKC), Susan Carey (Tulsa) and Day Two: Jim Calloway, Director, Management Assistance Programs OBA/CLE DEPARTMENT Susan Damron, Esq., Director of Educational Programs Jennifer Wynne, Program Manager Mark Schneidewent, Online Manager Renee Montgomery, Registrar Gary Berger, Production Specialist Table of Contents Legal Updates 2018 Day 1 A. Bar Ad B. General Seminar Information C. Biographies D. Bankruptcy Law Update Sam G. Bratton, II, Doerner Saunders Daniel & Anderson, Tulsa E. Labor and Employment Law Update Tulsa Program: Courtney Bru, McAfee & Taft, Tulsa Oklahoma City Program: Josh Solberg, McAfee & Taft, Oklahoma City F. Health Law Update Tulsa Program: David Hyman, Tulsa Oklahoma City Program: Karen S. Rieger, Crowe & Dunlevy, Oklahoma City G. Criminal Law Update Barry L. Derryberry, Assistant Federal Public Defender, Tulsa H. Oklahoma Tax Law Update Tulsa Program: Sheppard Miers, Gable Gotwals, Tulsa Oklahoma City Program: Kevin Ratliff, Ratliff Law Firm, Oklahoma City I. Insurance Law Update Rex Travis, Travis Law Office, Oklahoma City Legal Updates 2018 Tulsa Oklahoma City DATES & Thurs., Nov. 29 & Fri., Nov. 30, 2018 Thurs., Dec. 13 & Fri., Dec. 14, 2018 LOCATIONS: DoubleTree by Hilton Tulsa Warren Place Oklahoma Bar Center 6110 S Yale Ave, Tulsa, OK 74136 1901 N. Lincoln Blvd., OKC, OK 73105 CLE CREDIT: 12/1 Both Days: 6/0 Day One: 6/1 Day Two 5/0 Texas MCLE Day One: 5/.75 Texas MCLE Day Two DAY ONE Program Moderator Susan Carey, Tulsa Susan Damron, Director of Educational Programs, Oklahoma Bar Association (OKC) 8:30 a.m. Registration and Continental Breakfast 9:00 Bankruptcy Law Update Sam G. Bratton, II, Doerner Saunders Daniel & Anderson, Tulsa 9:50 Break 10:00 Labor and Employment Law Update Tulsa Program Courtney Bru, McAfee & Taft, Tulsa Oklahoma City Program Josh Solberg, McAfee & Taft, Oklahoma City 10:50 Health Law Update Tulsa Program David Hyman, Tulsa Oklahoma City Program Karen S. Rieger, Crowe & Dunlevy, Oklahoma City 11:40 Networking lunch (included in registration) 12:30 p.m. Criminal Law Update Barry L. Derryberry, Assistant Federal Public Defender, Tulsa 1:20 Break 1:30 Oklahoma Tax Law Update Tulsa Program Sheppard Miers, Gable Gotwals, Tulsa Oklahoma City Program Kevin Ratliff, Ratliff Law Firm, Oklahoma City 2:20 Insurance Law Update Rex Travis, Travis Law Office 3:10 Adjourn Legal Updates 2018 DAY TWO Program Moderator Jim Calloway, Director of Management Assistance Program, Oklahoma Bar Association 8:30 a.m. Registration and Continental Breakfast 9:00 Business and Corporate Law Update Gary Derrick, Derrick and Briggs, LLP, Oklahoma City 9:50 Break 10:00 Family Law Update Professor Robert Spector, University of Oklahoma College of Law, Norman 10:50 Real Property Update Kraettli Epperson, Mee Mee Hoge & Epperson, PLLP, Oklahoma City 11:40 Networking lunch (included in registration) 12:30 p.m. Estate Planning & Probate Law Update Donna J. Jackson, Donna J. Jackson & Associates, PLLC, Oklahoma City 1:20 Break 1:30 Law Office Management and Technology Update Jim Calloway, Director of Management Assistance Program, OBA, Oklahoma City 2:20 Ethics Update Joe Balkenbush, Ethics Counsel, OBA, Oklahoma City 3:10 Adjourn LEGAL UPDATES 2018 BANKRUPTCY LAW UPDATE Sponsored by: Oklahoma Bar Association November 29 & 30, 2018 December 13 & 14, 2018 Doubletree Warren Place Oklahoma Bar Center Tulsa, Oklahoma Oklahoma City, Oklahoma SAM G.BRATTON II SIDNEY K. SWINSON Doerner, Saunders, Daniel & Anderson, L.L.P. GableGotwals Two W.Second Street, Suite 700 1100 ONEOK Plaza Tulsa, Oklahoma 74103-3117 100 W.Fifth Street Tulsa, Oklahoma 74103 104 N. Hudson Avenue, Suite 1000 One Leadership Square, 15th Floor Oklahoma City, Oklahoma 73102-4802 211 N. Robinson Oklahoma City, Oklahoma 73102 (918)582-1211 (918)595-4800 sbratton(&dsda.com sswins(on gablelaw.com 4845144.1 BANKRUPTCY LAW UPDATE TABLE OF CONTENTS U.S. SUPREME COURT 1 1. Merit Management Group, LP v FTI Consulting, Inc., 138 S.Ct. 883, 200 L.Ed. 2d 183 (February 27, 2018 1 2. U.S. Bank National Association v. The Village at Lakeridge, LLC, 138 S.Ct. 960, 200 L.Ed. 2d 218(March 5, 2018) 2 3. Lamar Archer & Cofrin, LLP v. Appling, 138 S.Ct. 1752, 201 L.Ed. 2d 102 (June 4, 2018 3 CERT GRANTED 4 4. Mission Product Holdings, Inc. v. Tempnology,LLC., Dkt. No. 17-1657 4 TENTH CIRCUIT 4 5. Peeples v. McCardle, Trustee (In re: Peeples), 880 F.3d 1207 (10th Cir., January 26, 2018) 4 6. Sandoval Irrevocable Trust v. Taylor(In re: Taylor), 899 F.3d 1126 (10th Cir., 2018) 5 7. Davis v. Tyson Prepared Foods, Inc. (In re: Garcia), Case No. 17-3247 (10th Cir., October 17, 2018) 5 TENTH CIRCUIT BANKRUPTCY APELLATE PANEL 6 8. The Slovak Republic v. Loveridge, et al. (In re: EuroGas, Inc.), 576 B.R. 648 (10th Cir. BAP, November 21, 2017) 6 9. lubber, et aL v. Bird, et al..(In re: Bird), 577 B.R. 365 (10th Cir. BAP, November 30, 2017) 7 10. Mineral Technologies, Inc., et al. v. Novinda Corp. (In re: Novinda Corp.), 585 B.R. 145 (10th Cir. BAP, May 16, 2018) 8 BANKRUPTCY COURT, WESTERN DISTRICT OF OKLAHOMA 8 1 1. In re: Gill, 284 B.R. 63 (Bankr. WD Okla., January 22, 1018 8 12. Soriano v. Wells Fargo Bank (In re: Soriano), 587 B.R. 371 (Bankr. WD Okla., June 18, 2018) 9 i 13. Manchester, et al. v. Kretchmar, et al. (In re: Kretchmar), 579 B.R. 924 (Bankr. WD Okla., February 5, 2018) 10 14. Hatfield v. Thompson (In re: Thompson), 585 B.R. 890(Bankr. WD Okla., December 21, 2017) 12 15. In re: Koonce, 582 B.R. 239 (Bankr. WD Okla., March 26, 2018 12 16. In re: Funchal Minerals Limited, Case No. 18-12988-SAH, in the United States Bankruptcy Court for the Western District of Oklahoma, entered October 2, 2018 13 BANKRUPTCY COURT, NORTHERN DISTRICT OF OKLAHOMA 14 17. Quiroz v. USA ex rel. Internal Revenue Service (In re Quiroz), 2018 WL 1773905 (Bankr. ND Okla., April 10, 2018)(Rasure, J.) 14 18. In re Wright, et al., 2018 WL 4211570 (Bankr. ND Okla., September 4, 2018) (Michael, J.) 15 19. In Re Hill, 2018 WL 1448750 (Bankr. ND Okla., March 22, 2018 (Michael, J.) 16 20. Armstrong v. Oslin (In re: Oslin), 584 B.R. 363 (Bankr. ND Okla., January 24, 2018) 16 ii 4845497.1 BANKRUPTCY LAW UPDATE Oklahoma Bar Association November 29 & 30, 2018 - December 13 & 14, 2018 U.S. SUPREME COURT 1. Merit Management Group, LP v FTI Consulting, Inc., 138 S.Ct. 883, 200 L.Ed. 2d 183 (February 27, 2018) Headnote: Defining the "transfer" to be avoided under § 548(a), fraudulent conveyance involving a financial institution in a securities transaction. Facts: Prior to bankruptcy, the Debtor had deposited funds into an escrow account for the purpose of acquiring securities (stock in a racetrack). Conditions to close the escrow were satisfied and the escrow agent, a bank, delivered the stock to the Debtor and the money to the seller. Subsequently, the debtor filed a bankruptcy case and a litigation trustee was appointed. The litigation trustee sought to avoid the transfer of the purchase price to the seller as a fraudulent transfer under § 548(a). The seller-defendant asserted that the transfer was not avoidable because it fell within the securities safe harbor, i.e., "The Trustee may not avoid a transfer that is a . settlement payment . made by or to (or for the benefit of) a . financial institution . or that is a transfer made by or to (or for the benefit of) a . financial institution . in connection with a securities contract. § 546(e). The amount of the transfer to the seller was $16.5 million. The district court granted the seller's motion for judgment on the pleadings relying on the § 546(e) safe harbor. The Seventh Circuit reversed and the Supreme Court granted certiorari. Issue: Does the securities settlement safe harbor provision of § 546(e) cover the over- arching transaction or just the transfer from the financial institution to the transferees-defendant? Holding: The Supreme Court, in a unanimous opinion, undertook a detailed examination of § 546(e) and its components. It relied on the textual provisions saving a transfer from avoidance "that is" (not one that involves) a securities transaction covered under § 546(e). In other words, to qualify for the protection under the securities safe harbor of § 546(e), the transfer itself, meaning the pre-petition payment by the debtor to a transferee, must itself qualify for the exception rather than looking to see whether the payment merely "involves" a financial institution. The Court found that it is the "over-arching transfer" to which the Court must look to see whether it meets the safe harbor criteria. In the case before the Court, neither the transferor (the debtor) nor the ultimate transferee (the seller) was a covered entity, and thus the transfer fell outside of the § 546(e) safe harbor. The case also answers the question "What is a `racino'?" 1 2. U.S. Bank National Association v. The Village at Lakeridge, LLC, 138 S.Ct. 960, 200 L.Ed. 2d 218 (March 5, 2018) Headnote: Standard of review of a mixed question of law and fact. Facts: A party acquired a claim in a bankruptcy case for the purpose of voting to accept a plan and qualify as a class of impaired creditors voting to accept the plan for cram down purposes. Opponents of the plan objected to the transferee's qualification as an accepting class alleging the transferee was an insider of the debtor which does not count for cram down purposes.
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