McAfee & Taft

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

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

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

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Oklahoma Supreme Court calls into question indemnity provisions in oilfield service contracts

On May 21, 2024, the Oklahoma Supreme Court issued an opinion in Knox v. Oklahoma Gas and Electric Co., 2024 OK 37, holding that an employer cannot contractually create or assume liability where liability is based on the same… more

Indemnity, OK Supreme Court, Workers’ Compensation

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Gavel to Gavel: More money, more problems

It’s election season, and that means endless robocalls, yard signs on every corner, and, most of all, endless rhetoric on every topic – from the economy to golf handicaps.  This season, interest rates seem to have captured… more

Federal Reserve, Interest Rates, Loans, Mortgage-Backed Securities

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Beware: Caller ID spoofing the latest scam targeting trademark owners

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

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

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COVID-19 FAA Aircraft Registry Update

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

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

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New SEC rules on solicitation

On July 10, the SEC adopted rules eliminating the prohibition against general solicitation in securities offerings under Rule 506 of Regulation D under the Securities Act of 1933. These rules, effective Sept. 23, permit… more

Accredited Investors, General Solicitation, Regulation D, Rule 506 Offerings, Safe Harbors

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Fulfilling obligations after revocation of LBJ’s EO prohibiting discrimination in employment by federal contractors

First executed by President Lyndon B. Johnson on September 28, 1965, Executive Order 11246 provides, in pertinent part, that: “It is the policy of the Government of the United States to provide equal opportunity in Federal… more

Affirmative Action, Compliance, Diversity and Inclusion Standards (D&I), Employment Discrimination, Executive Orders

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Change on the horizon: The NLRB’s continued shift toward more employer-friendly policies

Under the Biden administration, the National Labor Relations Board was aggressive in implementing employee- and union-friendly decisions and interpretations of the National Labor Relation Act. Within a week of being sworn in,… more

Biden Administration, Employee Rights, Employer Rights, Employment Policies, NLRA

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Oklahoma Supreme Court broadens scope of state's informed consent law

In the late 1970s, a patient named Norma Jo Scott underwent a hysterectomy performed by Dr. Vance Bradford that resulted in problems with incontinence. She sued Dr. Bradford for failing to disclose the risks and available… more

Informed Consent, Medical Malpractice, OK Supreme Court, Physicians

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

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

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

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Nevertheless, the Affordable Care Act persisted

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

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

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

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

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

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COVID-19: Fast Facts on the Tax Front

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

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

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Child support encounters of the employer kind

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

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

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Taking breaks are now an even better idea

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

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

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Oklahoma Supreme Court calls into question indemnity provisions in oilfield service contracts

On May 21, 2024, the Oklahoma Supreme Court issued an opinion in Knox v. Oklahoma Gas and Electric Co., 2024 OK 37, holding that an employer cannot contractually create or assume liability where liability is based on the same… more

Indemnity, OK Supreme Court, Workers’ Compensation

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Can a non-disabled employee recover backpay under the ADA? At least one appeals court thinks so.

In the brilliant 1993 movie The Fugitive, there is an iconic scene in which the wrongly accused Dr. Richard Kimble emphatically tells Deputy U.S. Marshal Samuel Gerard, “I didn’t kill my wife!” Gerard responds, “I don’t care!”… more

Adverse Employment Action, Americans with Disabilities Act (ADA), Appeals, Disability Discrimination, Employee Rights

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Patent application filing basics

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

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

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SEC cracks down on private fund side letters

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

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

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OSHA proposes first-ever heat protection rule

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) recently proposed a rule that, if finalized, would establish the nation’s first-ever federal safety standard addressing excessive heat in the… more

Employer Liability Issues, Health and Safety, Heat Exposure, OSHA, Proposed Rules

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No such thing as a free lunch (break): Don’t let unclear policies cost you

Earlier this year, the U.S. Department of Labor filed a lawsuit against a healthcare management company for alleged violations of the Fair Labor Standards Act. The lawsuit claimed that the company improperly deducted 30 minutes… more

Appeals, Department of Labor (DOL), Employee Rights, Employer Responsibilities, Employment Litigation

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Steadying the ship: What employers need to know about navigating the CHNV program’s turbulent waters

The CHNV Parole Program, a significant humanitarian initiative, allows nationals from Cuba, Haiti, Nicaragua, and Venezuela (CHNV) to temporarily enter the United States. Designed to address urgent humanitarian needs, the… more

Department of Homeland Security (DHS), Employment Authorization Documents (EAD), Employment Litigation, Executive Orders, Foreign Workers

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Abitron v. Hetronic — Damages reduced on remand

In a tIPsheet article titled “SCOTUS rules Lanham Act does not have extraterritorial reach” published on July 20, 2023, we discussed Abitron Austria GmbH v. Hetronic Int’l, Inc., 600 U.S. 412 (2023), a U.S. Supreme Court case… more

Abitron Austria GmbH v Hetronic International Inc, Appeals, Lanham Act, Permanent Injunctions, SCOTUS

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Navigating the new USPTO guidance on AI patent eligibility

The U.S. Patent and Trademark Office (USPTO) recently issued new guidance regarding patent-eligible subject matter for artificial intelligence (AI). This new guidance is intended to assist patent examiners and stakeholders in… more

Abstract Ideas, Artificial Intelligence, Inventions, New Guidance, Patent-Eligible Subject Matter

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Special delivery: SCOTUS provides guidance on arbitration exemption for transportation workers

On April 12, 2024, in Bissonnette et. al, v. LePage Bakeries Park St., LLC, et. al, the U.S. Supreme Court provided guidance on the transportation worker exemption under Section 1 of the Federal Arbitration Act (FAA),… more

Arbitration, Bissonnette v LePage Bakeries Park St LLC, Drivers, Exemptions, Federal Arbitration Act

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Retaliation: The most successful discrimination claim

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

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

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Appeals court rules contractual jury trial waiver unenforceable

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

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

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SBA loans and related relief under the CARES Act

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

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

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The Cape Town Convention: An Evolving Process (with a Side Note on Non-Citizen Trusts)

Introduction - This is the second article for the International Comparative Legal Guide series. Our first article covered the Convention on International Interests in Mobile Equipment (the “Convention”) and the Protocol… more

Aircraft, Airlines, Federal Aviation Administration (FAA), Treaties

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Reverse discrimination claims boosted by Supreme Court

Just today, the U.S. Supreme Court resolved a contentious disagreement between courts regarding the burden of proof required to bring a disparate treatment claim under Title VII.  While the majority of appeals courts in the… more

Affirmative Action, Appeals, Burden of Proof, Employment Discrimination, Employment Litigation

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Canary in the coal mine doing fine, thank you

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

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

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Gavel to Gavel: Justice Department takes aim at private health plan fraud

Historically, the U.S. Department of Justice has directed its efforts on combatting healthcare fraud by focusing on persons and companies who defraud or attempt to defraud federally funded healthcare programs, such as Medicare,… more

Compliance, Department of Justice (DOJ), False Claims Act (FCA), Fraud, Health Insurance

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Patentability and the experimental use exception

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

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

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

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

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

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

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

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

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SEC adopts new cybersecurity rules for public companies

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

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

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

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

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

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Gavel to Gavel: Warrants and the workplace

Law enforcement agents are not all-powerful in the United States; their power is restricted by the Fourth Amendment to the United States Constitution. Although primetime police dramas often paper over the details, every search… more

Administrative Law Judge (ALJ), Consent, Constitutional Challenges, Employer Liability Issues, Fourth Amendment

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SEC adopts new cybersecurity rules for public companies

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

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

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Application period for Oklahoma Business Relief Program funds opens June 29

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

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

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Taking breaks are now an even better idea

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

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

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UPDATE: OHCA issues revised OKSHINE emergency rules

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

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

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Reverse discrimination claims boosted by Supreme Court

Just today, the U.S. Supreme Court resolved a contentious disagreement between courts regarding the burden of proof required to bring a disparate treatment claim under Title VII.  While the majority of appeals courts in the… more

Affirmative Action, Appeals, Burden of Proof, Employment Discrimination, Employment Litigation

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Beware of ‘free’ copyright licenses

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

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

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SCOTUS to weigh in on reverse discrimination claim brought by heterosexual employee

Last week, the U.S. Supreme Court heard oral arguments in Ames v. Ohio Department of Youth Services, an employment discrimination lawsuit that focused on a reverse discrimination claim under Title VII of the Civil Rights Act of… more

Civil Rights Act, Employment Discrimination, Employment Litigation, Equal Protection, LGBTQ

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

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

Minimum Wage, Payroll Expenses, Wage and Hour

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Is my employee common law married?

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

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

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New year = New proposed rules impacting retirement plans

The Internal Revenue Service has been busy. On Friday, January 10, 2025, the IRS issued several notices of proposed rulemaking impacting qualified retirement plans. One set of proposed rules adds to the SECURE 2.0 requirement… more

401k, Automatic Enrollment, Compliance, Employee Benefits, Internal Revenue Code (IRC)

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Gavel to Gavel: What will legislature do about private equity in healthcare?

State legislatures across the country are beginning to consider and debate the pros and cons of passing laws aimed at regulating private equity’s role in the healthcare industry. According to an article in the Wall Street… more

Anti-Competitive, Debt, Federal Trade Commission (FTC), Healthcare, Popular

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

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

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

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

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

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

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Oklahoma exempts groceries from state sales tax

Earlier this year, the Oklahoma Legislature enacted legislation to exempt the sale of groceries from the state sales tax. HB 1955 reduces the state sales tax rate for the sale of “food and food ingredients” from 4.5% to 0%,… more

Exemptions, Grocery Stores, State Taxes, Tax Commissions

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

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

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

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Gavel to Gavel: Is your contract actually binding?

At a recent dinner, I was posed a question by a local business owner that put the realities of the law into plain view. He relayed a story of his friend who was embroiled in a contract dispute over the sale of a business. He… more

Breach of Contract, Business Litigation, Contract Disputes, Contract Terms

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Recent amendments to the Supreme Court of Oklahoma's Rule 1.200 and other notable changes: A shift in access to unpublished opinions

2024 amendment: Unveiling unpublished opinions - The Oklahoma Supreme Court’s recent amendment to Rule 1.200 on February 26, 2024, continues the court’s shift towards judicial modernization and transparency, allowing unpublished… more

Amended Rules, Appellate Rules, Judicial Reform, Modernization, Rules of Appellate Procedure

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Employer health plan surcharges pose litigation risks

Many employers implement wellness programs into their employee health plan offering. Wellness programs have varying designs but commonly offer premium discounts to participants who are tobacco-free or achieve certain biometric… more

Affordable Care Act, Americans with Disabilities Act (ADA), Department of Labor (DOL), Employee Retirement Income Security Act (ERISA), Employer Group Health Plans

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

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

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

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

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

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

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Utah Yetis: The road to naming a new NHL team hits trademark snag

In 2024, Utah made its big debut in the National Hockey League, adding a new team to the league and a new reason for fans to get excited. The challenge for the team owner, Uyte, LLC, wasn’t just about building a roster of… more

Brand, Consumer Confusion, Intellectual Property Protection, Sports, Trademark Litigation

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Update: Changes to Oklahoma’s Security Breach Notification Act may soon become law

On January 14, 2025, Sen. Brent Howard and Rep. John Pfeiffer introduced Senate Bill 626, which amends and updates Oklahoma’s Security Breach Notification Act, 24 Okla. Stat. § 161 et seq.  That Act currently requires that… more

Data Breach, Data Privacy, Disclosure Requirements, New Legislation, Penalties

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Defined contribution plan restatement period begins

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

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

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Paycheck Protection Program eligibility issues for healthcare providers

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

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

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Digital due diligence: Ensuring legal accuracy in a tech-driven world

In an era where legal research is increasingly facilitated by advanced tools, both traditional and cutting-edge, the reliability of the information these tools provide and the attorney’s fundamental role in vetting this… more

Artificial Intelligence, Databases, Due Diligence, Legal Technology, Machine Learning

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Court strikes down EEOC’s sexual orientation and gender identity guidelines

A federal court’s ruling last week striking down the Equal Employment Opportunity Commission’s guidelines on gender identity and sexual orientation harassment in the workplace got the attention of employers around the country,… more

Bostock v Clayton County Georgia, Employment Discrimination, Employment Litigation, Enforcement Guidance, Equal Employment Opportunity Commission (EEOC)

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New NLRB guidance emphasizes need for ‘prompt and fair’ settlements in unfair labor practice disputes

Settlements of unfair labor practice charges appear to be returning to more traditional standards under new guidance from Acting General Counsel of the National Labor Relations Board William B. Cowen. Unfair labor practice… more

Employee Rights, Employer Responsibilities, Employment Litigation, Government Agencies, Labor Regulations

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SCOTUS: Damages for copyright infringement not limited to three years for timely claims

Recently, the U.S. Supreme Court resolved a split between the circuit courts over whether the Copyright Act’s three-year statute of limitations limits the damages a plaintiff may recover to a three-year period. The Court ended… more

Copyright Infringement, Copyright Litigation, Damages, Due Diligence, Fair Use

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New ADA regulations issued on the accessibility of medical diagnostic equipment used by public entities

On August 9, 2024, the U.S. Department of Justice published a final rule implementing new ADA requirements for accessible medical diagnostic equipment (MDE) used in hospitals, emergency departments, physicians’ offices, clinics… more

Accessibility Rules, Americans with Disabilities Act (ADA), Department of Justice (DOJ), Diagnostic Tests, Healthcare

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

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

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

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

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

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

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Counting on you: Consider the OBF for your end-of-year donations

Originally published in the Oklahoma Bar Journal, Vol. 83, No. 33 - December 8, 2012. It’s that time of year when the Oklahoma Bar Foundation asks you to make a contribution to the OBF as a part of your end-of-year… more

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Physicians as whistleblowers: Doctors get rich by exposing fraud

As the federal and state governments have evolved from Uncle Sam to Doctor Sam, the potential for healthcare waste, fraud and abuse has also increased. One way the government has deterred healthcare fraud is by enacting and… more

Affordable Care Act, Anti-Retaliation Provisions, Department of Justice (DOJ), False Claims Act (FCA), Healthcare Fraud

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IP holding companies offer potential added protection benefits

Protecting intellectual property — from theft or misappropriation, infringement, or even from potential creditors and judgments — is a chief concern among businesses large and small and can be accomplished in a variety of ways… more

Copyright, Holding Companies, Intellectual Property Protection, Patents, Popular

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Court strikes down the Federal Trade Commission’s ban on non-compete agreements

Just two weeks before the Federal Trade Commission’s nationwide ban on non-compete agreements was set to go into effect, the U.S. District Court for the Northern District of Texas struck down the FTC’s non-compete rules. For a… more

Federal Bans, Federal Trade Commission (FTC), Final Rules, FTC Act, Non-Compete Agreements

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Strategies for avoiding unnecessary litigation expenses

Litigation is expensive, and concerns about the costs associated with litigation can deter both plaintiffs and defendants from vigorously pursuing their claims and defenses in court — even when those claims and defenses have… more

Business Litigation, Intellectual Property Protection, Litigation Fees & Costs, Litigation Strategies

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Artificial intelligence and the rise of the regulators

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

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

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

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

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

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

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

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

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Gregory v. Commissioner : A lesson in application of the ‘hobby loss’ rules

Many of you are familiar with what are commonly referred to as the “hobby loss” rules. Section 183 of the Internal Revenue Code limits a taxpayer’s ability to deduct expenses associated with activities “not engaged in for… more

Business Expenses, Income Taxes, IRS, Itemized Deductions, Tax Deductions

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Gavel to Gavel: More money, more problems

It’s election season, and that means endless robocalls, yard signs on every corner, and, most of all, endless rhetoric on every topic – from the economy to golf handicaps.  This season, interest rates seem to have captured… more

Federal Reserve, Interest Rates, Loans, Mortgage-Backed Securities

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OCA Takes Action to Protect Member’s Groundwater Rights

Everyone knows the importance and value of water. Under Oklahoma law, while stream water is owned by the state, groundwater is a private property right connected to the land. Historically in Oklahoma, groundwater rights have… more

Eminent Domain, Farms, Groundwater, Permits, State Water Boards

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When religion and DEI training collide

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

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

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Appeals court affirms DOL authority to set salary threshold for white collar overtime exemptions

When it comes to determining which employees are exempt from overtime pay, the U.S. Department of Labor has maintained the power to “define” and “delimit” the terms of the Administrative, Executive, and Professional (“EAP”)… more

Appeals, Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Minimum Salary

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The Cape Town Convention: An Evolving Process (with a Side Note on Non-Citizen Trusts)

Introduction - This is the second article for the International Comparative Legal Guide series. Our first article covered the Convention on International Interests in Mobile Equipment (the “Convention”) and the Protocol… more

Aircraft, Airlines, Federal Aviation Administration (FAA), Treaties

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If non-competes are gone, what's next?

Protecting against intellectual property theft and unauthorized disclosure of confidential business information has always been an important practice for businesses, yet the continuing evolution of the labor market post-COVID… more

Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Labor Reform, Non-Compete Agreements

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Abitron v. Hetronic — Damages reduced on remand

In a tIPsheet article titled “SCOTUS rules Lanham Act does not have extraterritorial reach” published on July 20, 2023, we discussed Abitron Austria GmbH v. Hetronic Int’l, Inc., 600 U.S. 412 (2023), a U.S. Supreme Court case… more

Abitron Austria GmbH v Hetronic International Inc, Appeals, Lanham Act, Permanent Injunctions, SCOTUS

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Employee loses ADA lawsuit for failing to engage with employer over alternative accommodations

A federal appeals court in Tennessee recently upheld an order dismissing a former teacher’s disability bias lawsuit, finding that the teacher’s failure to engage in discussions with his employer over alternative accommodations… more

Americans with Disabilities Act (ADA), Appeals, Disability Discrimination, Health Insurance, Reasonable Accommodation

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Oklahoma Legislature looks to pass numerous new consumer privacy laws

In a January 22nd article titled “Oklahoma the latest state to consider consumer data privacy legislation,” we discussed House Bill 1602, a recently proposed bipartisan bill that, if passed, would require certain companies to… more

Consumer Privacy Rights, Cyber Attacks, Cybersecurity, Data Privacy, Data Protection

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