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Oklahoma Annual Inventory of Controlled Dangerous Substances
/in Healthcare, Insight Healthcare Law /by Nathan HatcherIn this article, Oklahoma City Attorney Martin J. Lopez III discusses requirements pharmacies must abide by when submitting controlled substance inventories and the consequences they may face if they neglect to do so. There seems to be increasing regulation of pharmacies in recent years, and this has been heightened by the responses to the opioid […]
Possible Relief for FMLA Administration Pain Points
/in Insight Labor and Employment /by Nathan HatcherIt’s no secret that employers have found administration of leave under the Family and Medical Leave Act (FMLA) to be a significant pain point. Relief, however, may be on the way. In a spring regulatory agenda notice, the U.S. Department of Labor announced that it is considering making some changes to the FMLA. The Department […]
Income tax challenges for medical marijuana businesses in Oklahoma
/in Insight Tax Law /by Nathan HatcherIn this article, Oklahoma City Attorney Jessica N. Cory explores the conflict between federal and state law as it pertains to Oklahoma medical marijuana businesses. What is the primary federal tax issue for Oklahoma medical marijuana businesses? Jessica Cory, attorney with Phillips Murrah law firm answers: The primary tax issue for Oklahoma medical marijuana businesses […]
Who should define the terms of an oil and gas lease?
/in Insight /by Nathan HatcherWhose job is it to determine which expenses can be deducted from royalty payments under the terms of an oil and gas lease? Is it the lessee or the operator? People argue both positions and all parties desire clarity in who bears this burden. Unfortunately, there are many interpretations of the differing forms of deductions […]
#MeToo reaches merger transactions with Weinstein Clause
/in Diversity, Insight Mergers and Acquisitions /by Nathan HatcherIn this article, Oklahoma City Attorney Erica K. Halley discusses the “#MeToo” movement and the Weinstein Clause as they relate to requirements in buying and selling companies. What is the #MeToo movement and how did it start? In October 2017, The New York Times published an article detailing decades of sexual misconduct by film producer […]
OK Supreme Court rules cap on noneconomic damages unconstitutional
/in Insight Product Liability Litigation /by Nathan HatcherOn Tuesday, the Oklahoma Supreme Court ruled Oklahoma’s statutory cap on noneconomic damages violates the Oklahoma Constitution because it singles out for different treatment less than the entire class of similarly situated persons who may sue to recover for bodily injury. In plain terms, the court found the statute is a “special law” that limits […]
Supreme Court holds class action limits in employee arbitration contracts
/in Insight Labor and Employment /by Nathan HatcherIt’s been a big week in employment law at the Supreme Court. Earlier this week, the Court agreed to hear three cases, Bostock v. Clayton County, Georgia, Altitude Express, Inc. v. Zarda, and R.G. & G.R. Harris Funeral Homes v. EEOC, to decide whether Title VII’s prohibition against discrimination “because of sex” protects LGBTQ employees. […]
Avoiding costly violations to the Anti-Kickback Statute
/in Healthcare, Insight Healthcare Law /by Nathan HatcherIn this article, Oklahoma City Healthcare Attorney Mary Holloway Richard discusses the “Anti-Kickback Statute” and potential, federal violations of the statute as it relates to providers in the healthcare industry. What is the authority for the federal government to oversee providers’ relationships with durable medical equipment (DME) and device suppliers and drug companies, such as […]
Gender equality and the rise of women in the boardroom
/in Diversity, Insight /by Nathan HatcherIt should come as no shock that, although women make up just over half of the U.S. population, they are underrepresented in corporate executive management, as well as in the boardrooms of public companies in the U.S. This is often due to stereotypes that characterize female leaders as abrasive, aggressive and emotional. This disparate societal […]
Best email practices to avoid legally binding contracts or litigation
/in Healthcare, Insight Healthcare Law /by Nathan HatcherIn this article, Oklahoma City Attorney A. Michelle Campney discusses email practices that could be considered legally binding. What are the general legal concerns regarding conducting business through email? It is estimated that there will be almost 3 billion email users by the end of this year, with an average of 128 business emails sent […]
A bitter pill – avoiding medical malpractice lawsuits for new physicians
/in Healthcare, Insight Healthcare Law, Medical Malpractice Defense /by Nathan HatcherWhile becoming a resident physician is undoubtedly an exciting next step in the process, it inherently comes with daunting new realities – a plethora of health care regulatory compliance issues, constantly developing reimbursement requirements, and medical malpractice liability. This short article focuses on minimizing the risk of negligence-based medical malpractice lawsuits. Medical school residency match […]
What happens when a general contractor files for bankruptcy?
/in Insight Construction Law /by Dave RheaIf 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 […]
Data breaches still HIPAA compliance concern for healthcare providers
/in Healthcare, Insight Healthcare Law /by Dave RheaHIPAA 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 HIPAA data breaches that HHS considered inadequate. According to Modern Healthcare, this is $5.2 million over […]
Relief for the uphill battle faced by creditors in bankruptcy
/in Insight Bankruptcy and Restructuring /by Nathan HatcherBankruptcy 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 Bankruptcy Abuse Prevention and Consumer Protection Act in 2005. Several of its provisions were put in place to provide assurances to creditors that the system […]
Some qualifications necessary to conduct business in multiple states
/in Insight /by Nathan HatcherIn this article, Oklahoma City Attorney Travis E. Harrison discusses practical legal issues related to conducting business in multiple states. 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 […]