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Volume 84 u No. 23 u Sept. 14, 2013 SOCIAL EVENTS • BAR BUSINESS • CLE • ENTERTAINMENT Vol. 84 — No. 23 — 9/14/2013 The Oklahoma Bar Journal 1729 You are not alone. Free 24-hour confidential assistance • depression/anxiety • substance abuse • stress • relationship challenges 800.364.7886 www.okbar.org/members/ lawyershelpinglawyers Counseling and peer support are available. Some services free as a member benefit. LAWYERS HELPING LAWYERS ASSISTANCE PROGRAM 1730 The Oklahoma Bar Journal Vol. 84 — No. 23 — 9/14/2013 pg. 1756 THEME : Patent OBA ANNU A L MEE T ING Enforcement DEPARTMENTS contents 1732 From the President Sept. 14, 2013 • Vol. 84 • No. 23 1752 Editorial Calendar 1785 From the Executive Director 1787 Law Practice Tips 1790 Ethics/Professional Responsibility 1792 OBA Board of Governors Actions 1795 Oklahoma Bar Foundation News 1798 Access to Justice 1800 Young Lawyers Division 1803 Calendar 1805 For Your Information 1807 Bench and Bar Briefs 1809 In Memoriam 1811 What’s Online 1816 The Back Page pg. 1766 Good Faith in Commercial Transactions PLUS 1756 Defending Against Reckless Patent FEATURES Enforcement Should Not Be an 1734 Annual Meeting Highlights Ordinary Cost of Doing Business By Mick McCarthy Florida Defense Attorney Jose Baez 1736 1766 Oklahoma Supreme Court Addresses to Deliver Keynote Address the Role and Importance of Good at Annual Luncheon Faith in Commercial Transactions 1737 President’s Reception By Alvin C. Harrell 1738 CLE to the Rescue 1772 Taxation Law Section: New By Susan Damron Krug Oklahoma Taxpayer Appeal 1742 OBA Sections Present The Best of Procedure Oklahoma: Art, Music, Food & Wine By Sheppard F. Miers Jr. 1776 Taxation Law Section: 1743 Resolutions 2013 Oklahoma Tax Legislation 1747 House of Delegates By Sheppard F. Miers Jr. 1748 Elections: 2014 Board of Governors 1782 Women in Law Conference: Vacancies and OBA Nominating Communication Across Generations, Petitions Filed Gender and Culture By Kimberly Hays 1751 Program of Events 1784 Book Review: THE COMPLE T E ID I O T ’S 1753 Registration Form GU I DE T O PARL I AMEN T ARY PRO C EDURE Reviewed by Melissa DeLacerda Vol. 84 — No. 23 — 9/14/2013 The Oklahoma Bar Journal 1731 FROM THE PRESIDENT Annual Meeting Worth Your Time By Jim Stuart On Nov. 13-15 the OBA Annual Meeting Florida lawyer Jose Baez, who will be held at the Sheraton Hotel in downtown Okla- successfully defended Casey An- homa City. Our theme this year is “Lawyers: Defenders thony, accused of murdering her of Liberty.” I encourage all OBA members to attend. The infant child. His story about rep- scheduled events are highlighted throughout this issue. resenting the most hated woman They are varied and intended to ap- in America is compel- peal to all OBA members. ling. Annual luncheon There is no seating is sure to fill Each year you may ask: “Why up fast, so don’t wait. should I attend the Annual Meet- substitute for ing?” It means more time out of the DELEGATE office and more work when I return. face-to-face PARTICIPATION The answer is fairly simple. The An- interaction IMPORTANT nual Meeting provides an opportu- I also want to make nity for Oklahoma lawyers to gather with other a plea to all counties under common interests and goals, to elect and send their to learn about and to discuss current lawyers. representatives to the legal issues and challenges facing us House of Delegates. in the practice of law. In recent years several It’s also a lot of fun. There is no substi- counties have failed to send a tute for face-to-face interaction with delegate. Representation in bar other lawyers. governance matters is essential. I’ve noticed that each year I take away One of the topics this year is a something from the experience that I proposal to eliminate the age 65 didn’t expect. One year I settled a law- exemption from mandatory CLE. suit by running into another lawyer, and I expect lively discussion on this in doing so we provided a valuable ser- particular topic. vice to our clients. I always learn some- Take a moment, send in your thing new about technology from Jim registration form, and join me Calloway. It’s a perfect time to catch up and your fellow Oklahoma law- on year-end CLE. yers in making this year’s Annual Consistent with this year’s theme, at Meeting a meaningful event. I the annual luncheon I will be presenting look forward to seeing you there! President Stuart practices in Shawnee. [email protected] 405-275-0700 1732 The Oklahoma Bar Journal Vol. 84 — No. 23 — 9/14/2013 OFFIC ERS & BOARD OF GOVERNORS James T. Stuart, President, Shawnee Renée DeMoss, President-Elect, Tulsa EVENTS CALENDAR Dietmar K. Caudle, Vice-President, Lawton Cathy M. Christensen, Immediate Past President, Oklahoma City SEPTEMBER 2013 gerald C. Dennis, Antlers 17 OBA Communications Committee meeting; 12:15 p.m.; Oklahoma Bar James A. Drummond, Norman Center, Oklahoma City with teleconference with Doerner, Saunders, Daniel & Robert S. Farris, Tulsa Robert D. gifford II, Oklahoma City Anderson LLP, Williams Center Tower II, Two West Second St., Ste. 700, Tulsa; Kimberly Hays, Tulsa Contact Dick Pryor 405-740-2944 Douglas L. Jackson, Enid 18 OBA Alternative Dispute Resolution Section meeting; 12 p.m.; O. Chris Meyers II, Lawton D. Scott pappas, Stillwater Oklahoma Bar Center, Oklahoma City with teleconference; Contact Nancy S. parrott, Oklahoma City Jeffrey Love 405-286-9191 Bret A. Smith, Muskogee Ruth Bader Ginsburg Inn of Court; 5 p.m.; Oklahoma Bar Center, Richard D. Stevens, Norman Oklahoma City; Contact Donald Lynn Babb 405-235-1611 Linda S. Thomas, Bartlesville Joseph M. Vorndran, Shawnee, 19 OBA Board of Governors meeting; 11 a.m.; Oklahoma Bar Center, Chairperson, OBA/Young Lawyers Division Oklahoma City; Contact John Morris Williams 405-416-7000 BAR CENTER STAFF Oklahoma Bar Foundation Trustee meeting; 3:30 p.m.; Oklahoma Bar John Morris Williams, Executive Director; gina L. Hendryx, General Counsel; Jim Calloway, Center, Oklahoma City; Contact Nancy Norsworthy 405-416-7070 Director of Management Assistance Program; 20 OBA Law Schools Committee meeting; 10 a.m.; Oklahoma Bar Center, Craig D. Combs, Director of Administration; Oklahoma City with teleconference; Contact Kenneth Delashaw Susan Damron Krug, Director of Educational Programs; Beverly petry Lewis, Administrator 580-276-3136 MCLE Commission; Carol A. Manning, Director 21 OBA Title Exam Standards Committee meeting; 9 a.m.; Tulsa County of Communications; Travis pickens, Ethics Counsel; Bar Center, Tulsa; Contact Jeff Noble 405-942-4848 Robbin Watson, Director of Information Technology; Jane McConnell, Coordinator Law-related Education; 23 OBA Law-related Education PROS Training – Elementary Session; Loraine Dillinder Farabow, Tommy Humphries, 8:30 a.m.; Oklahoma Bar Center, Oklahoma City; Contact Suzanne Heggy Katherine Ogden, Steve Sullins, Assistant General 405-556-9612 Counsels; Tommy Butler, Tanner Condley, Sharon Orth, Dorothy Walos and Krystal Willis, OBA Litigation Section meeting; 12 p.m.; Oklahoma Bar Center, Investigators Oklahoma City with teleconference; Contact Renée DeMoss 918-595-4800 Manni Arzola, Jarrod Houston Beckstrom, Debbie Brink, Emily Buchanan, Susan Carey, OBA Juvenile Law Section meeting; 4 p.m.; Oklahoma Bar Center, Nickie Day, Johnny Marie Floyd, Matt gayle, Oklahoma City with teleconference; Contact Tsinena Thompson 405-232-4453 Dieadra goss, Brandon Haynie, Suzi Hendrix, 24 OBA Law-related Education PROS Training – Secondary Session; Misty Hill, Debra Jenkins, Durrel Lattimore, Heidi McComb, Renee Montgomery, Wanda F. Reece, 8:30 a.m.; Oklahoma Bar Center, Oklahoma City; Contact Suzanne Heggy Larry Quinn, Lori Rasmussen, Tracy Sanders, 405-556-9612 Mark Schneidewent, Jan Thompson, Laura Willis OBA Bench and Bar Committee meeting; 12 p.m.; Oklahoma Bar & Roberta yarbrough Center, Oklahoma City; Contact Barbara Swinton 405-713-7109 EDITORIAL BOARD Editor in Chief, John Morris Williams, News OBA Mock Trial Committee meeting; 5:30 p.m.; Oklahoma Bar Center, & Layout Editor, Carol A. Manning, Editor, Oklahoma City with teleconference; Contact Judy Spencer 405-755-1066 Melissa DeLacerda, Stillwater, Associate Editors: Dietmar K. Caudle, Lawton; Emily Duensing, 25 New Admittee Swearing In Ceremony; 9 a.m.; House of Representa- Tulsa; Erin Means, Moore; pandee Ramirez, tives, State Capitol; Contact Board of Bar Examiners 405-416-7075 Okmulgee; Mark Ramsey, Claremore; Judge For more events go to www.okbar.org/calendar Megan Simpson, Buffalo; Joseph M. Vorndran, Shawnee; Judge Allen J. Welch, Oklahoma City; January Windrix, poteau The Oklahoma Bar Association’s official website: www.okbar.org NOTICE of change of address (which must be THE OKLAHOMA BAR JOURNAL is a publication of the Oklahoma Bar in writing and signed by the OBA member), Association. All rights reserved. Copyright© 20082013 Oklahoma Bar Association. undeliverable copies, orders for subscriptions The design of the scales and the “Oklahoma Bar Association” encircling the or ads, news stories, articles and all mail items scales are trademarks of the Oklahoma Bar Association. Legal articles carried should be sent to the Oklahoma Bar Association, in THE OKLAHOMA BAR JOURNAL are selected by the Board of Editors. p.O. Box 53036, Oklahoma City, OK 73152-3036. THE OKLAHOMA BAR JOURNAL (ISSN 0030-1655) IS pUBLISHED THREE TIMES Oklahoma Bar Association 405-416-7000 A MONTH IN JANUARy, FEBRUARy, MARCH, ApRIL, MAy, AUgUST, SEpTEM- Toll Free 800-522-8065 FAx 405-416-7001 BER, October, NOVEMBER AND DECEMBER AND BIMONTHLy IN JUNE AND Continuing Legal Education 405-416-7006 JULy.y BByy THETHE OOKLAHOMA BBAR AAssociation,, 19011901 N. LINCOLN Boulevard, Ethics Counsel 405-416-7055 OKLAHOMA CITy, OKLAHOMA 73105. pERIODICALS postagE pAID at OKLA- general Counsel 405-416-7007 HOMA CITy, OK. pOSTMASTER: SEND ADDRESS CHANgES to THE OKLAHOMA Law-related Education 405-416-7005 BAR ASSOCIATION, p.O. BOx 53036, OKLAHOMA CITy, OK 73152-3036.