If you are a subcontractor or owner on a project where the general contractor has declared bankruptcy, you should act quickly to ensure, to the extent possible, that your rights are protected. First, whether you are a subcontractor or owner, examine your contract and realize that termination due to bankruptcy is likely unavailable. Once an […]
HIPAA concerns, established in 1996 and evolving ever since, continue to be a very real compliance concern for healthcare providers. As an example, last year HHS collected $28.7 million from providers of healthcare services and payors for responses to data breaches that HHS considered inadequate. According to Modern Healthcare, this is $5.2 million over the […]
Gavel to Gavel appears in The Journal Record. This column was originally published in The Journal Record on March 7, 2019. By Phillips Murrah Attorney Gretchen M. Latham Bankruptcy is a debtor’s remedy, meaning many of the rules and regulations are more favorable to debtors than to creditors. To even the playing field a bit, Congress enacted the […]
In this article, Oklahoma City Attorney Travis E. Harrison discusses practical legal issues related to out-of-state business practices. When is a corporation, limited liability company or other registered legal entity “transacting business” in another jurisdiction? A legal entity required to be registered under the laws of one state must be cognizant of whether its structure […]
Although licensed medical marijuana businesses are now legal under Oklahoma state law, conflicting federal law creates a number of challenges for business owners, particularly with respect to federal income tax law.
In this article, Oklahoma City Attorney C. Eric Davis discusses the process utility companies must go through to request rate increases and how different parties can participate. Q: Oklahoma’s two largest electric utilities have rate cases ongoing at the Corporation Commission. How does the rate case process work? A: In Oklahoma, investor-owned electric companies are “rate-regulated” by […]
In this article, Oklahoma City Patent Attorney Cody J. Cooper discusses the rights inventors have when inventing under the employment of someone else.
By Janet A. Hendrick January 28, 2019 Focusing on “entrepreneurial opportunity” available to shared-ride drivers, the Republican-majority National Labor Relations Board handed employers a victory on January 25, 2019 by holding that Dallas-Fort Worth area SuperShuttle drivers are independent contractors, rather than employees who may unionize. The decision, which overturns a 2014 decision that favored […]
A new case filed in federal court in Colorado challenges the process of force pooling certain mineral owners and working interest owners.
Let’s say an employee invents something during the course of his or her employment. Who owns the invention? There is a common misconception that the employer always owns the rights to the invention. However, that is incorrect. The correct answer is that typically the employee owns it.
In a unanimous opinion (except for Justice Kavanaugh, who was recused from the case) expected to have broad implications for the transportation industry, the Supreme Court delivered a blow to employers that seek to arbitrate claims filed by drivers and other transportation workers classified as independent contractors. The high court affirmed a decision from the […]
Gavel to Gavel appears in The Journal Record. This column was originally published in The Journal Record on December 13, 2018. By Phillips Murrah Director Janet A. Hendrick Disability is the most common and well-known basis for workplace accommodation. Although less common, requests for religious accommodations for an employee’s sincerely held religious beliefs or practices, required by Title […]
Reversing a decision that an employee’s lawsuit to declare her noncompete agreement void was not subject to arbitration, the First Court of Appeals in Houston held yesterday that the lawsuit fell within the scope of the parties’ arbitration agreement. Sue Ann Lopez was a sales representative for IPFS Corporation, which provides insurance premium financing, before […]
Gavel to Gavel appears in The Journal Record. This column was originally published in The Journal Record on November 21, 2018. As we find ourselves in the midst of another holiday season, it’s a good time to contemplate the joys this time of year brings. For many, that list includes extra time with loved ones, hearty food and […]
I heard a song the other day by Pistol Annies called “Got My Name Changed Back.” The lyrics include the line, “it takes a judge to get married, takes a judge to get divorced.” Well, if you live in Oklahoma, only half of these lyrics is correct. Oklahoma is one of only eleven states that currently recognize […]