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Gavel to Gavel: Gender parity and the rise of women in the boardroom

Gavel to Gavel appears in The Journal Record. This column was originally published in The Journal Record on April 18, 2019.


Kendra Norman Web

Kendra M. Norman represents individuals and businesses in a broad range of transactional matters.

By Phillips Murrah Attorney Kendra M. Norman

It 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 perception rewards certain characteristics in men while condemning them in women, which damages women striving for leadership roles.

A 2016 Catalyst report found that in the U.S., women made up only 21.2% of the S&P 500 board seats.

A recent push for diversity on corporate boards of directors may change the gender lines of corporate culture. For example, California is the first state to statutorily require female representation on boards of directors.

In 2018, roughly 25% of California-based companies had no female directors on their board. In October, Gov. Jerry Brown signed a law requiring all public companies having principal executive offices in the state to have at least one woman on the board by the end of 2019. By the end of 2021, any California public company with five directors must have a minimum of two female directors, and those with six or more directors must include at least three women. The law imposes a $100,000 fine for a first-time violation and a $300,000 fine for subsequent violations.

California follows several European countries, including Germany, France, Norway, and Sweden, which have implemented quotas and fines to increase female representation in the boardroom. Additionally, shareholder advisory firms such as Institutional Shareholder Services and Glass, Lewis & Co. are now using gender diversity as a factor for shareholder vote recommendations.

While a government-mandated requirement may not be the ultimate solution, it could accelerate the achievement of gender parity.

Such a change in gender representation is likely to benefit companies, as gender and culture diversity results in diverse perspectives, which is likely to improve a company’s performance. It will also create less gender discrimination in recruitment, promotion, and retention.

While Oklahoma continuously ranks in the bottom of states for women when it comes to the income gap, workplace environment, education, and health, Oklahoma ranks 20th with respect to the executive positions gap, according to a recent 2018 WalletHub study. While there is much room for improvement, there may be hope for Oklahoma in achieving executive gender parity.

Firm selects Employee of the Month for March 2019

Timi Mitchell, Legal Assistant, is Phillips Murrah’s Employee of the Month for March 2019.

“I am very honored to be Employee of the Month,” Timi said. “I think we have a great team atmosphere at our firm, and am blessed to be a small part of it.”

The Employee of the Month is selected anonymously by Phillips Murrah staff on merits of teamwork and overall contributions to the Firm.

“Timi is the perfect example of an Employee of the Month,” Director Lyndon W. Whitmire said. “She works incredibly hard, and always with a smile on her face. She is always ready to help others.”

The Firm recently began making a donation to the winner’s charity of choice, and Timi chose the Oklahoma Lung Cancer Initiative in honor of her father who recently passed away due to lung cancer.

To learn more about the Oklahoma Lung Cancer Initiative, click here.


Phillips Murrah has been recognized as an Oklahoma Top Work Place by The Oklahoman/Energage four years in a row. Our Firm strives to recognize and reward our employees for excellence.

NewsOK Q&A: Doing business by email can cause legal concerns

A. Michelle Campney

As a litigation attorney, A. Michelle Campney represents companies in a wide range of business litigation matters with an emphasis on the construction industry.

In this article, Oklahoma City Attorney A. Michelle Campney discusses email practices that could be considered in legal matters.

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 and received per person, per day. Often, only passively mentioned in employee handbooks and with little to no training during onboarding, employers and employees adopt varied practices for email use. The sheer volume of emails creates logistical problems for businesses (e.g., server space, data protection), but it can also create legal issues when exchanges can bind companies or reveal confidential, privileged or personal information.

How can emails bind someone until they actually sign an agreement?

Does the party you are working with know that you require hard copy agreement with handwritten signatures? If not, and if the email contains all the material terms and the facts, and circumstances surrounding that show that you were conducting the transaction electronically, then you could have an enforceable agreement under the Oklahoma Uniform Electronic Transactions Act (“UETA”).

But no one actually signed the agreement, so how can it be enforceable?

Not all agreements have to be signed to be enforceable, and specifically under the UETA, a signature only need be “attributable to a person if it was the act of the person.” Furthermore, an electronic signature under the act is “determined from the context and surrounding circumstances at the time of its creation, execution, or adoption … .” While Oklahoma does not have any case law on the issue, a Texas court found a simple “Thank you, Clyde” typed above the signature block was sufficient for a signature. Parks v. Seybold (Tex. App.—Dallas, 2015). Additionally, some courts (including those in Texas) broadly interpret the signature requirement to include an automatically generated signature block.

What are other potential concerns for email?

Let’s say that your company is involved in litigation regarding a contractual dispute. Most attorneys ask that all communications, including email communications, regarding the issue be turned over during the discovery process. While the communication may not ultimately be admissible in court, if there are emails between employees discussing the dispute and the surrounding facts and circumstances, those will generally have to be turned over to the other side. Additionally, if certain individuals are involved then you may have to turn over all emails regarding that person. Thus, if any mentions of any disciplinary action regarding that person or even your own personal feelings about the person are on email those may have to be turned over. While the emails may not ultimately impact your case, they could embarrass your company.

Are there any practices or policies that would help alleviate the concerns surrounding email?

While policies and procedures will be specific to each type of business and its standard practices, at the most basic level, having a robust email use policy will set a good foundation and, if properly drafted, help educate your employees on what to do and not to do. One important thing to remember is that email will only continue to grow as a means of communication. Setting good groundwork for how it is to be used in your company may help prevent issues down the road.

 

Published: 4/11/19; by Paula Burkes
Original article: https://newsok.com/article/5628396/doing-business-by-email-can-cause-legal-concerns

Lopez: A bitter pill – medical malpractice liability for new resident physicians

attorney Martin J Lopez III

Martin J. Lopez III is a litigation attorney who represents individuals and both privately-held and public companies in a wide range of civil litigation matters.

Medical school residency match day. It’s a chaotic, stressful revelation at which fourth-year medical students find out where they will spend the next few years of their lives as residents – newly minted physicians becoming experts in their respective fields.

While 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 malpractice lawsuits.

While no practicing physician is immune from being sued, common-sense measures have proven effective in avoiding malpractice claims. And, although a resident physician’s liability is generally covered by the residency program, there remains ample reason to mitigate liability risk – notably, to avoid the stress, time, and hassle that comes with litigation.

Most obviously, physicians should provide the best medical care to their patients they possibly can. Lawsuits for medical malpractice involve determining whether the physician has met the standard of care owed to the patient; if she provided the best care she could have, she has positioned herself well from the outset.

Essential to providing a high level of care to the patient is communication about that care to the patient. Medical malpractice lawsuits often involve allegations of poor communication that may be rooted in a failure to convey respect, inadequate listening skills, and the use of technical medical jargon rather than patient-friendly language.

In a fast-paced environment with numerous patients to attend to, it’s understandably easy to use verbal medical shortcuts for efficiency’s sake; however, using patient-friendly language creates a stronger connection with patients, makes for well-informed patients, and may also manage patient expectations about treatment, diagnosis, and prognosis.

When a patient is dissatisfied, the physician should carefully listen and try to understand the basis for the concern or frustration and engage in meaningful dialogue about the issue. By making this concerted effort to proactively communicate and resolve issues, physicians affirm their commitments both to the patients and to a quality practice where people are treated with respect.

Another important aspect of mitigating liability risk is thorough detailed documentation in the medical record. Careful documentation is the foundation for quality and coordinated patient care, defending malpractice claims, and even for reimbursement issues by government programs – such as Medicare and Medicaid – and commercial insurers.

Proper documentation should include, but certainly isn’t limited to: details of discussions with patients, the physician’s thought and decision-making processes, results of laboratory tests and other ancillary services, proposed courses of treatment (including the impact of doing nothing), the bases for any physician recommendations, and communication of alternatives to the patient. In so carefully documenting, the physician establishes medical necessity for her services and creates admissible evidence in the event litigation arises out of the treatment.

While it may create extra work for physicians, taking the steps outlined in this article offers the benefits of more meaningful communication with patients, increases patient satisfaction, facilitates coordinated care with other providers on the patient’s behalf, and reduces the risk of malpractice lawsuit liability. Establishing these habits early in a medical career will undoubtedly offer great long-term rewards.

Martin J. Lopez III is a litigation attorney with the Oklahoma City law firm of Phillips Murrah.

OCU Law names Ybarra 2019 Outstanding Young Alumna

Monica Ybarra Web

Monica Y. Ybarra is a litigation attorney whose practice focuses on representing individuals and companies in wide range of commercial litigation matters. She also practices in the area of family law, including litigation, custody issues and valuation issues.

Monica Y. Ybarra, Family Law attorney and Oklahoma City University School of Law Class of 2014 alumna, will be honored as Outstanding Young Alumna at the OCU Law Awards Dinner.

“These awards were created in the late 1990s to honor individuals, alumni and non-alumni, in the legal community who have exemplified themselves as champions of the legal profession, established themselves as a community advocate, and supported the endeavors of OCU Law,” said Ally Rodriguez, Director of Alumni Relations at OCU Law. “To be a recipient of an award demonstrates their commitment to excellence in their career and we hope this shines a light on their good works.”

The 2019 OCU Law Awards Dinner will be hosted at 6 PM on April 6 at OCU School of Law.

“Working with Monica, both as a Phillips Murrah team member and now in our mutual roles for our alma mater OCU School of Law, is a real gift,” said Jim Roth, Phillips Murrah Director and OCU Law Dean. “Monica wonderfully embodies the exceptional brain and heart you want in a colleague, a leader and a friend.”

This year’s awards are especially important as they signify the first major event of the OCU Law Alumni Association after being re-established in the fall of 2018 under the direction of Dean Jim Roth, she said.

“As a classmate of Monica’s and a member of the OCU Law Class of 2014, it is an honor to be able to work with her as the Chair of the OCU Law Alumni Association,” Rodriguez said. “Monica brings an excitement to her work and motivates those around her.

“As the 2019 recipient of the Outstanding Young Alumna Award, Monica has exemplified significant achievements in the practice of law since graduation, and is a wonderful representation of the hard work and servant leadership mentality that OCU Law instills.”

Ybarra joined the university’s Alumni Association in September 2018 to oversee development and progress of the organization and was elected Chair by the Board of Directors soon after.

“Dean Roth’s vision to reestablish the OCU Law Alumni Association was one of his top priorities upon assuming his role as the new Dean,” Ybarra said. “He brought together a group of interested alums to serve on the Board of Directors and they elected me as Chair at our inaugural meeting.

“So, I’ve hit the ground running in that role since day one.”

This first year has been focused on getting the word out about the Alumni Association, building partnerships with community businesses for the rewards program, setting goals and bringing the Association’s vision into focus, she said.

“OCU Law has produced some very dynamic leaders and so many of our alums are doing great things all over the world, so it is incredibly humbling to receive this award,” Ybarra said. “I am overwhelmed with gratitude to be recognized in this way.

“I hope that my role and involvement with OCU Law will continue to evolve to meet the needs of the law school. I enjoy helping with local and national recruiting, and certainly enjoy contributing to the law school experience of OCU Law students in any way that I can.”

To learn more about OCU Law and the Alumni Association, click here.

Firm selects Employee of the Month for February 2019

Lisa McAlister

Lisa McAlister, Paralegal, is Phillips Murrah’s Employee of the Month for February 2019.

“It gives me much encouragement to be recognized,” Lisa said. “I am very fortunate to work with such a great team of co-workers and friends.”

The Employee of the Month is selected anonymously by Phillips Murrah staff on merits of teamwork and overall contributions to the Firm.

“Lisa is an exceptionally talented paralegal and a critical part of Phillips Murrah’s litigation practice,” Director Fred A. Leibrock said. “She brings a wealth of talent and experience to our cases. She has an outstanding work ethic and her work is always top notch.”

The Firm recently began making a donation to the winner’s charity of choice, and Lisa chose Jesus House.

“With such cold weather, this homeless shelter provides for more people who normally spend nights outdoors, to come inside to the warmth,” Lisa said.

To learn more about Jesus House, click here.


Phillips Murrah has been recognized as an Oklahoma Top Work Place by The Oklahoman/Energage four years in a row. Our Firm strives to recognize and reward our employees for excellence.

Gavel to Gavel: The uphill battle faced by creditors in bankruptcy

Gavel to Gavel appears in The Journal Record. This column was originally published in The Journal Record on March 7, 2019.


Gretchen Latham Web

Gretchen M. Latham’s practice focuses on representing creditors in foreclosure, bankruptcy, collection and replevin cases.

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 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 is fair and impartial. Of note, those that file must now undergo credit counseling both prior to filing and prior to receiving a bankruptcy discharge.

Also of significance are the changes to the Bankruptcy Code regarding what chapter of case a debtor is eligible to file. Prior to enactment of BAPCPA, many creditors were missing out on substantial payments because most debtors elected to file a Chapter 7 case, which acts as a total liquidation of debts, other than debts that are reaffirmed. The result was that most unsecured creditors were losing out on repayment of their entire outstanding balance.

With BAPCPA, debtors are no longer free to decide what type of case to file. Rather, a complex mathematical computation is performed prior to filing, and if the results show a debtor has funds available to repay a portion of their unsecured debt, that debtor may be required to file a Chapter 13 case.

Chapter 13 is similar to debt consolidation, in that the debtor proposes a plan of repayment to all creditors, to include paying back a percentage of unsecured debt. The result is that unsecured creditors, such as credit card companies and medical providers, receive some payment.

A creditor is also permitted to file an objection to the proposed repayment plan. The most common objections are to the interest rate and value of secured claims. There are other bases for objecting, including that plan is not feasible or that the case was filed as a delay tactic.

Aside from having a statutory basis for objecting, a creditor must also adhere to the Bankruptcy Court’s local rules when objecting to avoid the risk of an improperly filed objection.

While bankruptcy is still a very viable option for those with overwhelming debt, the arena is now viewed as being much more equal. Creditors have many tools at their disposal when a consumer files bankruptcy and should take full advantage of those tools to maximize repayment where possible.

NewsOK Q&A: Some qualifications necessary to conduct businesses in other states

Travis Harrison

Travis E. Harrison is a transactional attorney who represents individuals and both privately-held and public companies in a wide range of transactional matters.

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 or business activities constitute “transacting business” in another state. For example, a corporation formed under the laws of Oklahoma might provide services or buy and sell real estate in Texas. If Texas law defines this activity as “transacting business,” then the corporation should take the required steps to qualify to do business in Texas — as the failure to do so may result in unforeseeable fines or other consequences. Each state establishes its own variations on what activities by a foreign (out-of-state) business constitute doing business in that state. As a practical matter, a business that has a strong presence or engages in successive transactions in another state is likely “transacting business” and will need to take the appropriate steps to qualify in that state.

What are the consequences of failing to qualify to do business in another state?

Similar to the issue of what activities constitute “transacting business” in another state, the ramifications for failing to qualify to do business are a creature of state statute and vary by jurisdiction. However, the most common legal consequences for failing to qualify are fines and the inability to utilize that state’s court system to bring a lawsuit. For example, assume the previously mentioned corporation formed under the laws of Oklahoma fails to qualify to do business in Texas even though it meets Texas’ criteria for “transacting business.” If the Oklahoma corporation files a breach of contract action in Texas, then its case may be dismissed because it failed to qualify to do business in Texas. This pitfall is especially problematic if the corporation is jurisdictionally restrained from bringing the lawsuit in Oklahoma because of other procedural issues.

How does a business qualify to do business in a state other than its state of formation?

As mentioned above, a business should be cognizant of whether its operations in other states require it to qualify to do business in those states. Generally, a business qualifies by filing a certificate with information about the business and its good standing and paying the respective filing fee with the state’s secretary of state (or other designated office). Additionally, a business should ensure that it complies with the other state’s applicable tax requirements for foreign businesses. In Oklahoma, for example, a foreign corporation’s failure to pay annual franchise taxes may subject it to unnecessary penalties.

 

Published: 2/21/19; by Paula Burkes
Original article: https://newsok.com/article/5623523/some-qualifications-necessary-to-conduct-businesses-in-other-states

Attorney Mary Holloway Richard authors update to AHLA publication

Mary Holloway

Mary Richard is recognized as one of pioneers in healthcare law in Oklahoma. She has represented institutional and non-institutional providers of health services, as well as patients and their families.

Mary Holloway Richard, Phillips Murrah Healthcare Law Attorney, lent her expertise to an update of the American Health Lawyers Association‘s Institutional Review Boards publication.

In preparing the third edition, the AHLA recognized the need to update the previous edition based upon changes in statutes and regulations and to incorporate new guidance reflecting expertise and current, in-depth experience with clinical research and IRB’s.

An important addition is the new chapter 17 “IRB Compliance and Internal Audits” authored by Richard.

Richard has recognized expertise in regulatory requirements and risk management in clinical research based upon involvement with both researchers and the IRB process for many years in the largest health system in the state.

The chapter brings to life a clinical research compliance plan by including the key elements and sample policies, procedures and other forms for use by researchers and research facilities, she said.

Richard advises clients regularly about FDA, HHS and OHRP requirements and lectures and writes on related topics, including regulatory requirements of the General Data Protection Regulation applicable in clinical research performed in the European Union.

For more information on the latest edition of the publication, click here.

NewsOK Q&A: Anyone can take part in utility rate cases

Eric Davis

Eric Davis is an attorney in the Firm’s Clean Energy Practice Group and the Government Relations and Compliance Practice Group. He represents clients in a range of regulatory and energy matters.

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 the Oklahoma Corporation Commission. Regulating the rates of investor-owned utilities is necessary based on their monopoly status, i.e., customers generally can’t choose among other competing utilities for the same service. As a result, companies like Oklahoma Gas and Electric Co. and Public Service of Oklahoma must seek approval from the three elected Corporation Commissioners before increasing rates. When a utility requests a rate increase, the resulting procedure is referred to as a “rate case.” A rate case is a formal, evidence-based, court-like process, open to the public. In a rate case, the commission determines the amount of revenue a company reasonably needs to operate, and then decides how best to allocate any increase (or decrease) among the company’s customers. This allocation process involves dividing customers into classes (such as residential, commercial, industrial, municipal, public schools), and even subclasses, and then, ideally, assigning rates across classes in an equitable manner.

Q: What types of issues exist in OG&E’s and PSO’s current rate cases?

A: Primary drivers in any rate case include the utility’s operational costs, costs associated with plant investments, and the utility’s right to earn a fair profit. On the generation side, national trends evidence a shift toward renewable and natural gas resources, and conflicts abound concerning how utilities should deal with their existing fleets, including coal plants. In its current rate case, OG&E has requested about $54 million annually to recover the cost of retrofitting its Sooner coal plant to reduce air pollution. Meanwhile, historically low load growth and other market trends are causing electric utilities to reconsider the manner in which they obtain rate increases from the commission. In PSO’s ongoing rate case, the company is proposing a “performance-based rate plan,” in which its earnings would be subject to more frequent, annual reviews, allowing for periodic rate adjustments. Such annual reviews, while occurring with more regularity, would be structured differently and allow for less in-depth analysis than a traditional rate case. However, PSO has proposed a backstop, stating it would file a full-blown rate case after three years.

Q: Who may participate in rate cases?

A: Anyone can take part in a rate case, whether by emailing public comment to the commission, or formally intervening as a party. Formal parties have the right to issue discovery, present witnesses, and cross-examine witnesses of other parties, including the utility’s witnesses. Common parties include the commission’s staff, the attorney general, large industrial customers, AARP, and the Department of Defense. Intervening parties may aim to influence utility policies, or ensure the utility’s costs are reasonable. Parties also may advocate on behalf of particular customer classes during the rate design process, ensuring costs are fairly apportioned among customers.

 

Published: 2/6/19; by Paula Burkes
Original article: https://newsok.com/article/5622090/qa-by-c-eric-davis-anyone-can-take-part-in-utility-rate-cases

NewsOK Q&A: IP assignment agreement is key to invention ownership

Phillips Murrah Patent Attorney Cody J. Cooper

Cody Cooper is a Patent Attorney in the Intellectual Property Practice Group and represents individuals and companies in a wide range of intellectual property, patent, trademark and copyright matters. His practice also includes commercial litigation.

In this article, Oklahoma City Patent Attorney Cody J. Cooper discusses the rights inventors have when inventing under the employment of someone else.

Q: When an employee invents something during the course of his or her employment, who owns the invention?

A: The employee owns the invention. Inventors’ exclusive right to their inventions is specifically written into the United States Constitution and, as such, courts have generally interpreted ownership of inventions to favor individuals, except in very narrow circumstances.

Q: How can an employer assure ownership when an employee conceives of an invention on the job?

A: The employer must have employees sign an intellectual property (IP) assignment agreement. Because the general rule is that an inventor owns the rights, courts strictly interpret IP assignment agreements. Recent case law has instructed employers that how you draft the assignment agreement is equally as important as having an agreement in the first place. In fact, the Federal Circuit recently determined, in Advance Video Technologies LLC v. HTC Corporation Inc., that an IP assignment must include language saying the employee “assigns” — present tense, not future tense — their employer all IP rights. The small difference in language had a tremendous impact on the employer’s ability to sue another company for patent infringement.

Q: Should IP assignment agreements only be used by businesses in manufacturing, research or product development?

A: No. I would suggest any company consider having its employees sign an IP assignment agreement if the company expects employees to create work or inventions to which the company would expect to have rights and expects to protect it through application for apply for a trademark, patent, copyright or other appropriate protection to keep others from using it without permission.

Q: What are some other employer considerations regarding IP assignment agreements?

A: Make sure that your employees sign IP assignments before they begin working for you, and make sure that you consult an attorney on the drafting of the IP assignment to ensure that it complies with current law and effectively assigns the IP rights you are seeking to protect.

Q: What if an employer has employees who’ve already created inventions that the employer presumed the company owned but doesn’t have an IP assignment in place? Can the company enter into an IP assignment agreement retroactively?

A: If this is the case, the invention is owned by the employee, and the employer likely has no rights to the invention. Nevertheless, the employer and employee can still enter into a IP assignment agreement, but there must be some sort of consideration (exchange in value) passed between the parties. The law makes clear that it is not enough for the employer to say that the consideration the employee is receiving is that they get to keep their job — there must be something more passing to the employee for their assignment of their invention (i.e. money, stock, etc.).

 

Published: 1/30/19; by Paula Burkes
Original article: https://newsok.com/article/5621521/qa-with-cody-j-cooper-ip-assignment-agreement-is-key-to-invention-ownership

 

Phillips Murrah announces new Director, Shareholder for 2019

Director Zachary K. Bradt

Director Zachary K. Bradt

Phillips Murrah proudly announces the promotion of Zachary K. Bradt to a Director and Shareholder for the Firm. Zac’s selection brings the Firm’s total number of Directors to 37.

“I feel very honored and fortunate to be a part of the outstanding team at Phillips Murrah,” Zac said. “During my time here, the Firm has placed great emphasis on developing its Energy and Natural Resources practice to meet the ever-growing needs of our clients. I look forward to using this new role to facilitate further growth and continue providing services that help our clients succeed.”

In his practice, Zac has prepared numerous drilling title opinions, division order title opinions and acquisition title opinions, and conducted due diligence in the acquisition and divesture of oil and gas properties. His growing oil and gas transactional practice is focused around the preparation of various oil and gas agreements, instruments, and conveyances as well as the drafting of curative documentation to clarify record title for his clients.

“Since joining Phillips Murrah almost five years ago, Zac has shown considerable commitment to his clients and to improving and growing his practice at the Firm.” said Thomas G. Wolfe, President and Managing Partner. “We are confident Zac’s experience and success at the Firm will thrive in his position as Director and Shareholder.”

Born and raised in Oklahoma, Zac makes his home in Edmond, with his wife, Amy, and son, Jude. In his free time, he enjoys spending time with his family, watching sports, traveling, and golf.

He officially assumed his new role on Jan. 1, 2019.

Director Nikki Edwards quoted by Journal Record on divorce settlements

Nicholle Jones Edwards

Nicholle Jones Edwards’ practice focuses on family law, labor law and general civil litigation. Her family law practice includes litigation, complex custody issues and valuation issues.

A change in tax deductions regarding alimony has lead to an influx of clients looking to expedite their divorces.

Nikki Edwards, Phillips Murrah Director and Family Law Attorney, was quoted in a Journal Record article addressing the circumstances agreeing with Ron Little, McAfee & Taft Family Law Attorney.

Phillips Murrah Family Practice Law Director Nikki Edwards said she’s seeing the same issues from her clients as Little. She has clients who are trying to get the agreement finalized in a few weeks, while others are willing to push it into 2019.

“It was a surprising change because it’s been well-settled for many years,” she said. “The impact will be to restructure the settlement negotiations.”

She said from a practitioner’s standpoint, the change gets back to why alimony was created, which is predicated on one’s ability to pay versus one’s need.

“(The new law) will take out the thoughts of paying more because of the tax benefit,” she said. “It takes out the incentives for both sides.”

Read the full article by The Journal Record here.

OKC Beautiful appoints Newton treasurer

Sam Newton

Samuel D. Newton is an attorney practicing in Oil and Gas, Construction, and Healthcare Law.

OKC Beautiful, Oklahoma City’s only nonprofit organization dedicated to the beautification of Oklahoma City, elected Phillips Murrah Attorney Samuel D. Newton to its Board of Directors to serve as the organization’s treasurer.

“I feel that, at some point in the not too distant past, aesthetics gave way to efficiency,” Newton said. “Cities and towns often fail to think about how the atmosphere of the city helps attract businesses and promote civic involvement.

“Coming from Austin, where the city is very deliberate about growth, I was heartened to see that Oklahoma City also had an understanding of the importance of atmosphere and aesthetics in an overall plan.”

Newton said Attorney Mary Holloway Richard suggested he consider OKC Beautiful. He met with Carla Sharpe, past OKC Beautiful President, to discuss the organization and how his skills and abilities could be of use and was nominated to be on the Board.

“As treasurer, I will be responsible for working with the Executive Director and Finance Committee to ensure that budgets are met and kept,” he said. “More importantly, for my new role, I want to work to increase the OKC Beautiful endowment to ensure sustainable growth and future successes.”

Newton’s appointment comes at the same time as Attorney Ellen K. Spiropoulos’s role as President of the organization comes to an end.

“Finishing my two year term as President of OKC Beautiful is bittersweet since it also means I will soon be leaving the Board per our mandatory term limits,” she said. “I have been privileged to be President as the organization prepared for and celebrated its 50th anniversary, which was a great opportunity to reflect on all the individuals and achievements of our past and how the mission of OKC Beautiful continues and into the future.

“Sam will bring to his new position as Treasurer all the qualities that he make him an outstanding lawyer—attention to detail, strategic insights and problem solving skills. When you add to that his passion for Oklahoma City, he was a perfect choice for the OKC Beautiful board and now its executive committee.”

Newton will begin his role next year.

“Coming from a small town that didn’t put much stock in beautification and being a big proponent of the ‘broken windows’ theory, the mission of OKC Beautiful speaks to me as does its inter-meshing of educational and beautification programs,” Newton said. “So, I look forward to working with the organization and our other board members as we strive to build our endowment and grow our programs.”

To learn more about the organization or make a contribution, please visit the OKC Beautiful website here.

Firm selects Employee of the Month for October 2018

Cory Everett

Cory Everett

Cory Everett, Information Technology, is Phillips Murrah’s Employee of the Month for October 2018.

“It is truly an honor being voted Employee of the Month,” Cory said. “We have so many great people that work here and do far more important work than what I do.

“My Phillips Murrah family has given me more than I could even begin to describe.”

The Employee of the Month is selected anonymously by Phillips Murrah staff on merits of teamwork and overall contributions to the Firm.

“It has been a pleasure and honor to work with Cory,” said Sam Lincoln, Information Technology Director. “No matter the task, Cory always has a positive and professional attitude.

“His work ethic and dedication to excellence is immeasurable.”

The Firm recently began making a donation to the winner’s charity of choice.

“The work at Hough Ear Institute of restoring hearing for people all over the world is truly a modern miracle,” Cory said. “This is the future we are living in and to see a group dedicated to reaching ‘all who have ears will hear’ is so awe inspiring.”

Hough Ear Institute is currently running a campaign to raise $300,000 to dedicate to the Institute’s research efforts and will match contributions.

“Our research is truly cutting edge and is on the way to restoring one’s natural hearing for less than the cost of one hearing aid,” said Justin DeMoss, Director of Development at Hough Ear Institute. “This will revolutionize the way hearing loss and tinnitus is treated.”

To learn more about Hough Ear Institute or make a personal contribution to their fundraising campaign, click here.


Top Work Places 2017Phillips Murrah has been recognized as an Oklahoma Top Work Place by The Oklahoman/Energage four years in a row. Our Firm strives to recognize and reward our employees for excellence.

Newton presents on preemptive business practices for ASA-OK

ASA LogoPhillips Murrah Attorney Samuel D. Newton gave the last presentation for a Fall educational series on Nov. 2 for members of the American Subcontractors Association of Oklahoma.

Newton’s presentation was entitled “Protect and Preserve: Considerations and Implications of Business Practices on your Company’s Future” and follows presentations given by Attorneys A. Michelle Campney and David A. Walls in September and October, respectively.

“In the discussion, we covered maintaining corporate best practices to preserve the corporate shield, non-disclosure and confidentiality agreements, discussed the implications of the Oklahoma Uniform Trade Secrets Act and how it works with confidentiality and non-disclosure agreements and how they all apply to protecting your business,” Newton said. “I switched to discussion of preserving businesses either through succession planning or selling the business.

“With succession planning, I discussed the importance of seeing the truth of the situation and not the idea (ie, who really is most apt to take over your business) and how to implement such changes, like through a buy-sell agreement or the organizational documents. I then gave a basic overview of a sale and the initial documents owners may be confronted with (letters of intent, confidentiality agreements) as well as the importance of preparing for due diligence.”

Newton, Campney and Walls will continue the series and each give presentations to ASA-OK in the Spring.

For more information about ASA, visit their website here.

Firm celebrates Halloween, raises funds for Oklahoma Regional Food Bank

Phillips Murrah staff members dress up for the Firm's annual Halloween costume contest.

Phillips Murrah staff members dress up for the Firm’s annual Halloween costume contest.

Phillips Murrah staff members were given the chance to test their creativity and help raise money for the Regional Food Bank of Oklahoma on Oct. 31 at the Firm’s annual Halloween Party.

Contestants competed to win the annual costume contest, and Phillips Murrah raised $580 from those in attendance for Firm’s Annual Harvest Food Drive fundraising campaign.

Rachel Schones, Receptionist, won First Place by a landslide with her pregnant nun look. Second Place was awarded to Cristal Bazemore, Administrative Assistant, dressed as an alien, and Third Place was won by Tess Bromme, who dressed as Daenerys Targaryen from Game of Thrones.

“I enjoy dressing up every year,” Schones said. “It’s fun to see the creativity of the different costumes each year.

Receptionist Rachel Schones in her First Place costume

Receptionist Rachel Schones in her First Place costume

“I was very surprised this year when I heard that I won first place. I wasn’t sure what people would think about the pregnant nun costume, but it was a fun day.”

Employees dress up to compete for a popular vote in hopes of winning a cash prize.

“A lot of people didn’t know it was me and some people were creeped out,” Bazemore said. “It was the best ever, seeing people’s reactions!”

Phillips Murrah partners with the Oklahoma County Bar Association to support their annual Harvest Food Drive, which all proceeds are donated to the Regional Food Bank of Oklahoma.

If you would like to donate to the Young Lawyers Division’s Harvest Food Drive, please contact the Oklahoma County Bar Association at (405) 236-8421.


Top Work Places 2017Phillips Murrah has been recognized as an Oklahoma Top Work Place by The Oklahoman/Energage four years in a row. Our Firm strives to recognize and reward our employees for excellence.

Director presents for OU Women and Gender Studies class

Nicholle Jones Edwards

Nicholle Jones Edwards’ practice focuses on family law, labor law and general civil litigation. Her family law practice includes litigation, complex custody issues and valuation issues.

Nicholle Jones Edwards, Director and member of the Family Law Practice Group, presented to the Women and Gender Studies class at the University of Oklahoma on Oct. 23.

The class is comprised of mostly seniors and students looking to attend law school. Her presentation focused on custody and the impact of gender on custody disputes.

Edwards advised that Oklahoma law has enacted statutory measures to prevent gender bias in these matters, lending the example that in divorce cases, mothers’ rights are no greater than fathers’ rights under the law.

However, the issue in same-sex divorces as with any other divorce will focus on the best interest of the child, she said.

Edwards previously served on the Advisory Board for the Women and Gender Studies program and continues to lend support.

To learn more about OU’s Women and Gender Studies class, click here.

Family law attorney leads conference for Oklahoma Guardian Ad Litem Institute

Attorney Monica Y. Ybarra (middle) at Oklahoma Guardian Ad Litem Institute's first annual conference.

Attorney Monica Y. Ybarra (middle) with attendees of Oklahoma Guardian Ad Litem Institute’s 1st Annual Champions for Children Conference.

Monica Y. Ybarra, Phillips Murrah Family Law Attorney, helped orchestrate the 1st Annual Champions for Children conference for the Oklahoma Guardian Ad Litem Institute on Oct. 27.

A guardian ad litem is often an integral part of a family law case involving custody, visitation, and other child-related issues. However, it is often an added expense that the parties, especially low-income families, cannot afford, Ybarra said.

“I became involved when Sharon Byers, Executive Director for the Institute, asked me to assist her in coming up with ideas for CLEs,” Ybarra said. “One thing led to another, and the vision for a GAL-specific conference came into focus.

“This has never been done in Oklahoma, and we weren’t sure how it would be received; however, it was a huge success.”

The Oklahoma Guardian Ad Litem Institute was formed to provide this essential service to low-income families. It is a non-profit organization, and one of the ways the Institute raises money is to put on CLEs, or Continuing Legal Education seminars.

“This was one of our most successful CLEs based on the number of attendees,” Byers said. “We are grateful for Monica for that and the Firm for supporting this social event.

“Without people like Monica and Phillips Murrah, we wouldn’t be able to sustain and provide services for the children of Oklahoma and families that can’t afford it.”

More than 40 attorneys and law students interested in becoming GALs attended the first annual conference.

“I gave a presentation, along with Reagan Barham, another Oklahoma City attorney, called ‘Know your Judge: Judicial Expectations and Preferences’ in which we educated attendees about what judges want to see in a GAL’s representation,” Ybarra said.

Nicholle Jones Edwards, Director and Member of the Firm’s Family Law Practice Group, also presented, showing a cross examination of a GAL in a mock trial setting.

“Monica was instrumental in getting it done,” Byers said. “She is a workhorse and went above and beyond to organize the whole thing. Both Nikki and Monica did an excellent job and had valuable information to contribute, and we are very appreciative.”

For more information on the Oklahoma Guardian Ad Litem Institute, click here.

Phillips Murrah’s legal team welcomes labor and employment attorney

Lauren Barghols Hanna

Lauren Barghols Hanna

Phillips Murrah law firm is proud to welcome Lauren Barghols Hanna to our downtown Oklahoma City office.

The Firm welcomed Lauren to the Firm’s Labor and Employment Practice Group as an Of Counsel attorney.

As a part of her employment practice, Lauren counsels and represents management in all phases of the employment relationship, including litigation matters involving discrimination, retaliation, harassment and wrongful discharge claims, whistleblower claims, claims related to employment agreements and theft of trade secrets, and other disputes arising from the workplace.

She also works with employers in crafting appropriate employment policies and procedures, employee handbooks, non-disclosure/non-solicitation agreements, and employee severance agreements and releases.

Lauren’s practice in the area of water rights frequently involves the representation of landowners in obtaining groundwater and streamwater permits for irrigation, oil and gas industry production, and other beneficial uses.

Lauren is a contributing author to the Oklahoma Employment Law Letter and has been interviewed by The Oklahoman, served as a guest legal columnist for The Journal Record business newspaper, and spoken at seminars on a variety of employment-related topics. She also authored the Oklahoma chapter of the LexisNexis Waters and Water Rights treatise.

Lauren’s achievements have earned her inclusion in The Best Lawyers in America (employment law—management; labor and employment litigation) and Oklahoma Super Lawyers.

In addition to her legal practice at the firm, she serves as a volunteer attorney for Oklahoma Lawyers for Children, a nonprofit organization that uses the time, talent, and resources of pro bono lawyers to represent and assist children in various matters, including parental termination jury trials before the Oklahoma County District Court (Juvenile Division).

In 2014, the Oklahoma CASA Association honored Lauren with its “Attorney of the Year” award for her work with OLFC. Lauren and her family also work with the Tinker Air Force Base Home Away From Home Program, welcoming Airmen serving their first tour into their family for holiday meals, birthday celebrations, summer cookouts, and other activities to create community and mentorship for young enlisted airmen.

Born and raised in Oklahoma, Lauren lives in Edmond with her husband Adam and her two children. Her hobbies include rowing, camping, and OU sports.

Phillips Murrah named among 2019 Best Law Firms in 39 practice areas

Phillips Murrah is proud to announce that our law firm has been recognized by U.S. News & World Report’s 2019 “Best Law Firms” for professional excellence for the Oklahoma City Metropolitan Area in the following practice areas:

Tier 1

  • Administrative / Regulatory Law
  • Banking and Finance Law
  • Business Organizations (including LLCs and Partnerships)
  • Commercial Litigation
  • Commercial Transactions / UCC Law
  • Corporate Law
  • Energy Law
  • Energy Regulatory Law
  • Government Relations Practice
  • Insurance Law
  • Land Use & Zoning Law
  • Litigation – Banking & Finance
  • Litigation – Bankruptcy
  • Litigation – Land Use & Zoning
  • Litigation – Real Estate
  • Litigation – Tax
  • Natural Resources Law
  • Product Liability Litigation – Defendants
  • Real Estate Law
  • Trusts & Estates Law

Tier 2

  • Construction Law
  • Health Care Law
  • Litigation – Antitrust
  • Mergers & Acquisitions Law
  • Public Finance Law
  • Securities Regulation
  • Tax Law
  • Workers’ Compensation Law – Employers

Tier 3

  • Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law
  • Environmental Law
  • Family Law
  • Litigation – ERISA
  • Litigation – Trusts & Estates
  • Mass Tort Litigation / Class Actions – Defendants
  • Medical Malpractice Law – Defendants
  • Oil & Gas Law
  • Personal Injury Litigation – Defendants
  • Securities / Capital Markets Law
  • Venture Capital Law

This list is for the Oklahoma City Metropolitan area. To be eligible for a ranking, a law firm must have a lawyer listed in The Best Lawyers in America, which recognizes the top four percent of practicing attorneys in the United States.

Earlier in the year, Phillips Murrah announced that 44 of our attorneys are recognized by Best Lawyers in America for 2019.

Firms included in the 2019 “Best Law Firms” list are recognized for professional excellence, quality law practice and breadth of legal expertise. The “Best Law Firms” rankings are based on a combination of client feedback, information provided on the Law Firm Survey and the Law Firm Leaders Survey and Best Lawyers peer-review.

Lawyers know everything – almost

Gavel to Gavel appears in The Journal Record. This column was originally published in The Journal Record on October 25, 2018.


Dave Rhea

Dave Rhea is the Marketing Director for Phillips Murrah law firm.

By Phillips Murrah Marketing Director Dave Rhea

What is brand affinity? What is SEO? Many attorneys admittedly don’t know much marketing jargon. Historically speaking, marketing is a relatively new addition to the legal industry. Only 41 years ago, the U.S. Supreme Court recognized lawyers’ right to advertise.

From what I understand – as a non-attorney working in a large law firm – law schools don’t offer many, if any, classes about marketing methods. Thus, these activities can seem as impractical to lawyers as dancing does to steelworkers.

However, in today’s digital landscape, it’s reasonable for attorneys to consider adopting a marketing mindset. Technology, coupled with the growing inclination of law firms to onboard marketing professionals, allows attorneys to easily demonstrate their expertise to a much wider audience while sacrificing fewer billable hours.

What can attorneys do to develop more business in the digital age? There are numerous ways to leverage new media to effectively enhance one’s visibility and reputation in the community, but for this column I would like to concentrate on one such activity, in particular.

The biggest bang for the non-billable hour is thought-leadership authorship. Writing short-form articles on a consistent basis for publication on the firm’s website, or blogging, is an easy way to position oneself as an industry leader. Such articles can have a long shelf life and are versatile in how they can be disseminated. This activity also allows for exposure outside of the attorneys’ usual circles of influence while building a body of work that increases their digital footprint, which allows the attorney-authors and their firms to be found more easily on Internet search engines.

Savvy, marketing-minded author-lawyers can also use such articles to heighten awareness and demonstrate excellent customer service to their clients and prospects. Using direct outreach via one-to-one email, these attorneys can show proactive attention and demonstrate knowledge of the targets’ industries, thereby harnessing a proven way to nurture relationships and win new business.

Old-school rainmakers with existing books of business and established reputations may not view blogging as a beneficial use of their time. However, many of these key influencers still understand the benefit of developing a marketing-mindset culture within their firms and go the extra mile to promote buy-in from junior partners and associates.

Dave Rhea is marketing director at the law firm of Phillips Murrah in Oklahoma City.

Phillips Murrah’s legal team welcomes oil and gas title attorney

Morgen Potts

Morgen D. Potts

Phillips Murrah law firm is proud to welcome Morgen D. Potts to our downtown Oklahoma City office.

Phillips Murrah welcomed Morgen to the Firm’s Energy and Natural Resources Practice Group as an associate attorney.

Morgen represents both privately-owned and public companies in a wide variety of oil and gas matters, with a strong emphasis on oil and gas title examination.

Morgen has represented low-income families at the University of Oklahoma’s legal clinic, assisted a University professor with research to update a Real Property treatise, assisted with title work for a land acquisition company, and assisted on cases as an Associate Attorney at a general practice law firm located in Oklahoma.

Before joining Phillips Murrah she had her own practice in Norman, Oklahoma where she practiced a variety of different types of law.

Morgen graduated early from law school, was published in the Oil and Gas, Natural Resources, and Energy Journal for the University of Oklahoma, competed on an American Bar Association negotiation team, and earned an Academic Achievement award in her Mineral Title Examination class while attending law school.

Morgen was raised in Moore, Oklahoma and is currently living in Oklahoma City with her husband. She enjoys reading, yoga, playing golf, and spending quality time with friends and family.

Firm selects Employee of the Month for September 2018

Tifany Manning

Tifany Manning

Tifany Manning, Legal Assistant, is Phillips Murrah’s Employee of the Month for September 2018.

“Wow, it’s such a privilege to be chosen as Employee of the Month,” she said. “My bosses and co-worker’s are the BEST around!  I love my job and thankful I get to work for such a great firm.”

The Employee of the Month is selected anonymously by Phillips Murrah staff on merits of teamwork and overall contributions to the Firm.

“It has been a pleasure and honor to work with Tifany,” Director Jennifer L. Miller said. “No matter the task, Tifany always has a positive and professional attitude. Her work ethic and dedication to excellence is immeasurable.

“Tifany is a valuable member of the Phillips Murrah team and the award is very much deserved.”

Starting this month, the Firm will begin making a donation to the winner’s charity of choice.

“I chose Cavett Kids Foundation as my charity,” Manning said. “Cavett Kids strives to help kids with severe and life threatening illnesses have some normalcy by attending camps, of which they have six different ones, and just be a kid doing kid things.

“I have volunteered several times and learn something from these sweet kiddos every time. I love their mission, their values and their motto.”

Phillips Murrah attorneys volunteer each year with the foundation’s Camp Cavett send-off.

To learn more about Cavett Kids Foundation and how you can get involved, visit their website here.


Journal Record and Oklahoman Best Places to Work of 2017

Phillips Murrah has been recognized as one of the Best Places to Work in Oklahoma in 2017 by The Journal Record and an Oklahoma Top Work Place by The Oklahoman/Energage three years in a row. Our Firm strives to recognize and reward our employees for excellence.

Phillips Murrah attorneys present for Construction Financial Management Association

Attorney David Walls addresses construction industry professionals at September's CFMA meeting.

Attorney David Walls addresses construction industry professionals at September’s CFMA meeting.

David A. Walls, Construction Law Attorney, and Byrona J. Maule, Phillips Murrah Director and Employment Law Attorney, addressed construction industry professionals at a September meeting for Construction Financial Management Association.

Walls presented an update regarding American Institute of Architect changes to standard form construction industry contracts. Maule followed, speaking on the impact of Oklahoma’s medical marijuana laws on employment law.

Maule’s presentation focused on drug and alcohol testing, policy impacts on drug and alcohol testing and anti-discrimination, and preemption issues under the Controlled Substance Act, the Drug Free Workplace Act and the Federal Motor Carrier Safety Act.

As a result, she said, testing procedures need to be updated or changes, policies will have to be updated, and training will be needed for managers.

For more information about the Oklahoma chapter of CFMA, please click here.

Director Jim Roth launches OCU Law alumni association

Jim Roth, Phillips Murrah Director and Oklahoma City University School of Law Dean, announces the revival of OCU Law's Alumni association at a meeting in early September.

Jim Roth, Phillips Murrah Director and Oklahoma City University School of Law Dean, announces the revival of OCU Law’s Alumni association at a meeting in early September.

Jim Roth, Phillips Murrah Director and Oklahoma City University School of Law Dean, announced the reestablishment of OCU Law’s Alumni Association in September.

“The law is a service profession, and here at OCU Law, we are a service-oriented school,” Roth said. “As an alumnus of the school, I have always admired that OCU is committed to helping create lawyers with a solemn responsibility for upholding the rule of law and for ‘doing good’ in the broader community.”

With more than 7,000 OCU Law alumni invited to join the revamped Association, Roth comprised a Board of Directors of OCU Law alumni, including Phillips Murrah attorneys Monica Y. Ybarra and Martin J. Lopez III, to oversee development and progress. Upon announcement, the Board of Directors voted to elect Ybarra as the first Chair of the association.

“This is an exciting time for OCU Law, and there’s no better way to rally our alums and get everyone plugged in to that energy than by resurrecting the OCU Law Alumni Association,” Ybarra said. “I’m looking forward to leading the Board of Directors as we fashion an association that will represent the interests of our vast alumni network, provide meaningful services to alums, students, and community partners, and be a channel through which alums can support the law school.”

The association is in the planning stages for the coming year, and the Board will be holding a launch event in November to kick off the association, said Ally Rodriguez, Director of Alumni Relations.

To learn more about OCU Law’s Alumni association, visit their website here.

 

NewsOK Q&A: Mineral owners should be informed about leasing, selling options

Zac Bradt

Zac Bradt is an attorney in the Energy & Natural Resources Practice Group. He represents both privately-owned and public companies in a wide variety of oil and gas matters, with a strong emphasis on oil and gas title examination.

In this article, Oklahoma City Oil and Gas Title attorney Zachary K. Bradt discusses the advantages mineral owners have when taking action with their mineral interests.

Q: What options are mineral owners faced with in today’s market?

A: As oil and gas activity in the state remains strong, mineral owners are seeing more opportunities related to their mineral interests. Some are being approached about signing new leases, while others are receiving calls and letters about selling their mineral interests. Whether leasing or selling, mineral owners are being presented with options that create certain advantages to an informed mineral owner.

Q: What advantages can leasing provide over selling?

A: The obvious answer is that the mineral owner will get to keep their mineral interest. By signing a new lease, the mineral owner will receive a bonus payment that is calculated based on the number of mineral acres owned, and a royalty on any production occurring during the term of the lease. The bonus and royalty can be negotiated with the lessee, but mineral owners should be aware of the inverse relationship between the two. A higher bonus will offer a lower royalty, whereas a lower bonus will provide for a higher royalty.

Q: What advantages can selling provide over leasing?

A: Selling mineral interests presents a financial advantage over leasing. If a mineral owner is financially incentivized, they may feel comfortable selling their interests away to a third party. Much like the bonus payment, mineral owners will receive a price per mineral acre offer to buy from third parties. The difference with selling is that there is a direct correlation between the royalty and purchase price. Minerals with a higher lease royalty will bring in a higher price per acre from potential buyers.

Q: How can a mineral owner decide what is the best option?

 

Published: 9/25/18; by Paula Burkes
Original article: https://newsok.com/article/5609461/qa-with-zac-k.-bradt-mineral-owners-should-be-informed-about-leasing-selling-options

Firm selects Employee of the Month for August 2018

Deena Baker

Deena Baker

Deena Baker, Legal Assistant, is Phillips Murrah’s Employee of the Month for August 2018.

“It is once again an honor to be recognized as employee of the month,” she said. “My co-workers and bosses are the best a person could ask for!

“It’s a great privilege to be part of such a wonderful firm and awesome team!”

The Employee of the Month is selected anonymously by Phillips Murrah staff on merits of teamwork and overall contributions to the Firm.

“Deena works until the job is done right, regardless of what the clock says, which is a function of her strong work ethic,” Director Juston R. Givens said. “The value Deena brings to my practice and the work she does for the Phillips Murrah team is truly immeasurable.”


Journal Record and Oklahoman Best Places to Work of 2017

Phillips Murrah has been recognized as one of the Best Places to Work in Oklahoma in 2017 by The Journal Record and an Oklahoma Top Work Place by The Oklahoman/Energage three years in a row. Our Firm strives to recognize and reward our employees for excellence.

Avoid a clawback

Gavel to Gavel appears in The Journal Record. This column was originally published in The Journal Record on September 13, 2018.


Clayton Ketter

Clayton D. Ketter is a Director and a litigator whose practice involves a wide range of business litigation in both federal and state court, including extensive experience in financial restructurings and bankruptcy matters.

By Phillips Murrah Director Clayton D. Ketter

A business owner learns that one of her customers has filed for bankruptcy. She rushes to check her books and breathes a sigh of relief after seeing that the customer paid all of their outstanding invoices just days before going bankrupt. Unbeknownst to the business owner, those payments may have to be paid back to the bankruptcy estate as a preference.

One of the principal policies underlying bankruptcy law is fairness to creditors, which attempts to ensure that similarly situated creditors are treated equally. To promote this goal, creditors in a bankruptcy are placed into classes, with members of each class sharing proportionally in distributions of a bankrupt debtor’s assets.

This policy can be hampered when a debtor pays a preferred creditor immediately before a bankruptcy, to the detriment of other creditors. To ensure that a debtor’s limited money does not disappear to creditors favored by the debtor, the Bankruptcy Code allows a bankruptcy trustee to claw back such payments.

A payment is considered a preference if it meets five criteria: It is made to a creditor; for a debt owed prior to the payment being made; while the debtor was insolvent; during either 90 days before the bankruptcy filing for ordinary creditors or one year for insiders of the debtor; which allowed the creditor to receive more than it would have received in distributions from the bankruptcy estate.

If a payment is a preference, it must be paid back to the trustee unless a valid defense can be established.

Several defenses are available to creditors, including for substantially contemporaneous exchanges. Typically, point-of-sale transactions and those that involve cash on delivery will meet this defense. Another common defense exists for payments made in the ordinary course of business, which analyzes the typical transactions between the parties and in the relevant industry. If it is common for a debtor to pay invoices within 60 days of delivery, for example, those payments may meet the ordinary course defense.

Businesses can take steps to shield payments received from financially troubled customers from being subject to preference liability. The most effective means is to require prepayment, COD, or point-of-sale transactions only. Businesses can also strategically apply payments to invoices in a manner designed to fit within preference defenses.

To recover a preference, the bankruptcy trustee must commence a lawsuit within the bankruptcy case, typically preceded by a demand letter. Any business that receives such a letter should consult with bankruptcy counsel to determine whether they have valid defenses to the claim. Consulting with a bankruptcy attorney is also advisable prior to entering into sizable business transactions with a financially troubled company to attempt to eliminate preference risk. Doing so can help reduce the risk that a business gets embroiled in a bankruptcy, and worse, has to repay money that it was owed.

Clayton D. Ketter is a litigation attorney at Phillips Murrah P.C. who specializes in financial restructuring.

Phillips Murrah’s legal team welcomes tax attorney

Jessica Cory

Jessica N. Cory

Phillips Murrah law firm is proud to welcome Jessica N. Cory to our downtown Oklahoma City office.

Phillips Murrah welcomed Jessica to the Firm’s Tax Law Practice Group as an associate attorney.

In her practice, Jessica represents businesses and individuals in a wide range of matters, including general tax planning, business succession planning, and the structuring of complex transactions.

Jessica has advised clients regarding corporate and general business matters, including choice of entity, formation, tax-free reorganizations, acquisitions and dispositions, and tax planning.  She has particular experience working with flow-through entities, including disregarded entities, limited liability companies, partnerships, and S corporations.  Jessica has also successfully represented clients in disputes with the Internal Revenue Service.

Prior to entering private practice, Jessica gained valuable experience service as a judicial clerk for United States District Court Judge Robin Cauthron in the Western District of Oklahoma.  She then received her Masters of Law in Taxation at New York University School of Law and worked for a law firm in Houston, Texas before joining Phillips Murrah.  Jessica is licensed in both Oklahoma and Texas.

Jessica has written and presented on a variety of tax topics, including choice-of-entity in light of the 2017 tax reform, the tax implications of foreign ownership of real property, changes to the partnership audit procedures enacted in 2015, and defending against the trust fund recovery penalty.

Jessica grew up in Killeen, Texas but now lives in Oklahoma City, Oklahoma.  In her free time, she enjoys spending time with friends and family, traveling, and training for her next race.