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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.

Federal income tax challenges for medical marijuana businesses in Oklahoma

Attorney Jessica N. Cory

Jessica N. Cory advises clients regarding corporate and general business matters, including choice of entity, formation, tax-free reorganizations, acquisitions and dispositions, and tax planning.

By Phillips Murrah attorney Jessica N. Cory

On June 26, Oklahoma voters approved State Question 788, which legalizes the use, growth, and sale of marijuana in the state for medicinal purposes.  In addition to providing rules for individual use of medical marijuana, the approval of SQ 788 also created a number of opportunities for new related businesses, such as retailers or dispensaries, commercial growers and processors. However, 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.

Generally, the Internal Revenue Code allows a taxpayer to take a deduction for all “ordinary and necessary” business expenses paid or incurred during the taxable year.  Congress has created an exception to this rule in certain instances, however.  One such exception is Internal Revenue Code Section 280E, which prohibits a taxpayer engaged in the business of “trafficking in controlled substances” from taking a deduction for ordinary business expenses.  For purposes of this provision, a controlled substance is any Schedule I or Schedule II drug under the federal Controlled Substances Act, which includes marijuana.  Although taxpayers have argued that Code Section 280E should not apply to businesses operating legally under state law, courts have repeatedly rejected this argument, concluding that any business buying or selling marijuana regularly is subject to the restrictions of Code Section 280E until Congress chooses to amend the Internal Revenue Code.

Although Code Section 280E’s bar on deductions represents a significant obstacle for medical marijuana business owners, several exceptions help reduce the burden on these taxpayers.  For example, although a medical marijuana business cannot deduct expenses in the same way as other taxpayers, it is entitled to offset its gross receipts with its cost of goods sold (“COGS”), although the Internal Revenue Service has issued guidance strictly limiting what types of costs a taxpayer engaging in a marijuana business can allocate to COGS.  Caselaw supports this narrower interpretation of COGS, including prohibiting resellers of marijuana from including any indirect costs – costs other than the price paid for inventory plus any transportation or other necessary acquisition costs – in COGS.

Another important exception to Code Section 280E is the separate business rule recognized by the Tax Court in an early medical marijuana case.  Under this rule, although Section 280E may preclude a taxpayer from taking any deductions relating to its medical marijuana sales, it can still deduct its expenses for any separate, non-trafficking trade or business.  Accordingly, it is extremely important for a marijuana business to keep careful records of any other businesses it may also operate, unrelated to growing, processing, or selling marijuana.

Members of Congress have repeatedly introduced legislation to exempt marijuana businesses lawfully operating under state law from the parameters of Section 280E.  Until this type of legislation is enacted, however, federal tax law will remain a potential minefield for any unwary medical marijuana businesses.  It is therefore important for businesses opening under SQ 788 to seek out an experienced accountant or tax lawyer to discuss the best way to structure their business to comply with federal tax law while minimizing their tax burden.

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 Blocks for Bucks campaign breaks $10K mark

Sign of the Times – The Nuts and Bolts of Raising Awareness

What’s in a name? For Phillips Murrah, our name represents over 30 years of dedication and partnership with our clients and our community. We are proud to announce our new exterior sign, which proudly hangs on OKC’s Corporate Tower, wherein our headquarters is located.

It’s no secret that Phillips Murrah has ramped up our effort to raise the profile of our Firm’s name and recognition of our logo, and our new Corporate Tower sign is a fine example of “pure branding.” However, it is important to also point out that “pure branding” has not been our recent promotional path.

Over the years, our Firm, as well as our individual attorneys and staff, has been very active in the community through dedicating time, energy and funding to many causes and organizations throughout Oklahoma City.  However, many of these efforts have flown under the radar regarding our position in the consciousness of the community. The fundamental motivation for these actions simply does not include praise or recognition.

However, from a branding standpoint, it is important to tie our innate philanthropic spirit, both as individuals and as a corporation, into a larger campaign designed to share who Phillips Murrah is and what we do outside of providing excellent representation for our clients. This is why many of our recent promotional campaigns are concerted efforts to achieve two goals: One, to raise awareness of our brand in the community, and two, to ensure that each of these campaigns demonstrate our commitment to the community.

For example, our partnership with the Oklahoma City Thunder, through our Blocks for Bucks campaign, directly benefits the Thunder Cares Foundation. For each shot blocked by our home team during home games, Phillips Murrah donates $100 to Thunder Cares, which helps fund the great work they do in the community. For the 2017-2018 season, Phillips Murrah donated a total of $17,000 to Thunder Cares. We are happy to say that we’re on our way to exceed that amount for the 2018-2019 NBA season.

Another example of this two-pronged strategy is our sponsorship of the Six Day Cellars tent at the 2018 Festival of the Arts. While helping provide a great area for leisure and refreshment to patrons of OKC’s annual art festival, we are also proud to help fund one of our city’s great non-profit organizations, Arts Council Oklahoma City. We are repeating our sponsorship of Six Day Cellars at the 2019 Festival of the Arts.

Through these and other campaigns, including with the StoryCorps Mobile Recording Booth, Regional Food Bank of Oklahoma and Cristo Rey, Phillips Murrah goes beyond “pure branding” to ensure that those who become more aware of our Firm’s name through our promotional efforts also understand that, while we are committed to the success of our clients, we are also committed to helping build a better community.

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.

Phillips Murrah helps empower women as 2019 NAWL Sustaining Sponsor

National Association of Women Lawyers logoContinuing its dedication to diversity and inclusion, Phillips Murrah is proud to announce its inclusion as a 2019 National Association of Women Lawyers Sustaining Sponsor. Founded in 1899, NAWL’s goal is to empower women in the legal profession while cultivating a diverse membership dedicated to equality, mutual support and collective success. The organization’s mission is “to provide leadership, a collective voice, and essential resources to advance women in the legal profession and advocate for the equality of women under the law.”

NAWL’s initiatives and activities include:

  • National and regional programming focused on giving women lawyers the legal and business skills to succeed in the legal profession.
  • Increasing the percentage of women equity partners in law firms with talented high-potential women who are on the equity partner track.
  • Amicus support in the Supreme Court of the United States and in other federal courts on issues of concern to women.
  • Liaison relationships and partnerships with other professional organizations.
  • Publications of interest to women in law and opportunities for NAWL members to publish scholarly articles.

NAWL’s events and resources help bring awareness to gender-based topics and challenges within the legal profession, such as diversity scholarships, workplace equality in areas of compensation and influence, and guidance and networking opportunities for women in a variety of practice areas.

For more information, visit the NAWL website at https://www.nawl.org.

 

Firm selects Employee of the Month for November 2018

Stacye Snow, Accounts Payable, is Phillips Murrah’s Employee of the Month for November 2018.

“I am truly blessed to be a member of the Phillips Murrah family and honored with the recognition for my part with the firm and my work family,” Stacye said.

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

“Stacye is a valued member of the Accounting Department and her contributions help to make the Firm run efficiently,” Controller Stephanie Oseland said. “She is a hardworking and positive person, and it is a pleasure to work with her. She deserves this honor.”

The Firm recently began making a donation to the winner’s charity of choice, and Stacye chose the American Society for the Prevention of Cruelty to Animals (ASPCA).

“I believe that the suffering of animals is one of the most heartbreaking injustices, and that we as a society cannot allow to go unchecked by supporting those who give of themselves, their time, love and compassion to champion these lives, both great and small, that cannot defend themselves is vital,” Stacye said.

To learn more about ASPCA, 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.

The Oklahoman honors Phillips Murrah as Top Workplace for fourth year

Phillips Murrah is proud to announce its inclusion as one of Oklahoma City’s Top Workplaces for the fourth year in a row.

The Oklahoman newspaper published their annual list of Oklahoma’s Top Workplaces on Dec. 10 ranking the Firm No. 20 out of 40 in the small employer category (fewer than 125 employees), up one spot from last year.

“Being recognized for our workplace culture for the fourth year in a row is a thrill for us,” said Phillips Murrah Marketing Director Dave Rhea. “It affirms to us that not only do we excel at the practice of law, we also provide a positive work environment for everyone on our team – attorneys and staff, alike.”

The Firm was first named to the Top Workplaces list in 2015 and moved up the list in 2016 and 2017.

In determining the defining criteria of Top Workplaces, The Oklahoman partners with the Philadelphia-based company, Energage, which evaluates companies across the country, pertaining to internal components of healthy workplace dynamics.

Every year, the newspaper encourages local participants in Oklahoma City to nominate businesses for the program. The methodology of candidate evaluation is determined from anonymous surveys, detailing employee satisfaction, company values, internal communication, leadership and other various determinates.

To learn more about the workplace culture and opportunities at Phillips Murrah, visit our Careers page: http://phillipsmurrah.com/careers.

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 Director Janet Hendrick mentioned in Power Players: Women Leading in Law

Phillips Murrah Director and employment attorney Janet A. Hendrick was mentioned in the October edition of Power Players: Women Leading in Law newsletter, published by University of Texas at Austin School of Law‘s Center for Women in Law.

Phillips Murrah Women Empowered

Click to view at full size

The mention was regarding Janet’s move to Phillips Murrah’s Dallas office.

Janet is deeply committed to the advancement of women in the legal profession. She has been an active member of the National Association of Women Lawyers and the Dallas Women Lawyers Association, and is a thought leader and sought-after speaker on gender diversity in the legal profession.

With the addition of Janet, over 40 percent of Phillips Murrah’s Directors are women, more than twice the national average for large law firms. A significant number of women fill leadership roles at the Firm, including three of the four positions on the Executive Committee.

“I am impressed with the dynamic people at the Firm, especially the leadership,” Janet said of her motivation to join Phillips Murrah. “I’m also excited about the plans for the Dallas office and thrilled to be a part of building the future of the Firm.”

 

 

Phillips Murrah rowing team wins gold in 2018 Oklahoma Regatta Festival

Law & Oarder, Phillips Murrah's rowing team, gets ready to compete in the 2018 Oklahoma Regatta Festival.

Law & Oarder, Phillips Murrah’s rowing team, gets ready to compete in the 2018 Oklahoma Regatta Festival.

Phillips Murrah’s rowing team Law & Oarder ended the Fall 2018 season on top and scored gold medals in the annual regatta competition.

The team competed on Sept. 28 at the 2018 Oklahoma Regatta Festival held at the OKC Boathouse District and achieved a 500-meter run of 2:05:39.

“Another great season, and I think the main thing we learned as a team is to never underestimate your competition,” said Deena Baker, Legal Assistant and Law & Oarder team captain. “Regardless, a gold medal and trophy for the team it was!”

In all nine seasons the Firm’s rowing team has competed, team members consisted of both attorneys and staff members.

“The team worked really hard all season,” said Bradley Burt, Legal Assistant. “We had some changes in the seating configuration as well as multiple rained out practices, but the team overcame a lot of adversity and practiced indoors even when it was not necessary allowing us to perform to the best of our abilities.”

“I am ecstatic that competing to the best of our abilities led us to the gold medal.”

The team will resume practice in the Spring for the Stars & Stripes Festival in June 2019.


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’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.

Phillips Murrah continues Blocks for Bucks partnership with Thunder Cares Foundation

Phillips Murrah partners with OKC Thunder with Blocks for Bucks partnership.

Today (Oct. 16) marks the beginning of the 2018-2019 NBA regular season, and that means Phillips Murrah is cranking up our second year of partnering with the Oklahoma City Thunder’s philanthropic organization, the Thunder Cares Foundation via our Blocks for Bucks campaign.

What is Blocks for Bucks?

Russell Westbrook Phillips Murrah

Russell Westbrook on @okcthunder Instagram. As a part of the Firm’s partnership with the Thunder, the Phillips Murrah logo is featured on the Chesapeake Energy Arena platform signage, which can be seen in the background.

Attorneys and staff at Phillips Murrah are huge Thunder fans, and to recognize our home team’s accomplishments in blocking shots, the Firm is donating $100 to Thunder Cares for each blocked shot that the Thunder forces at home games during the regular season.

“This partnership with the Oklahoma City Thunder accomplishes two goals,” explained Dave Rhea, Marketing Director at Phillips Murrah. “One, we love supporting the Thunder team, and it’s a delight to have our brand associated with such a capable and celebrated organization. Two, through this partnership we’re able to help fund the good works that Thunder Cares does, which fits perfectly with our commitment to the community.”

The Thunder Cares Foundation helps support the team’s community outreach projects, including Thunder-themed basketball courts in parks, schools and community centers across Oklahoma, as well as learning labs and activity rooms at organizations like the Boys and Girls Club of Oklahoma County, City Rescue Mission and Positive Tomorrows.

“Phillips Murrah is proud to partner with the Thunder Cares Foundation,” said Phillips Murrah President and Managing Partner, Thomas G. Wolfe. “The Thunder has done so much in Oklahoma. We’re glad to join in their efforts.”

Phillips Murrah began a our partnership with the Thunder Cares Foundation on Nov. 22, 2017, which was the the first match-up of the season against the Golden State Warriors. The video clip below of one of KD’s shots getting blocked is an example of the highlights featured on the Blocks for Bucks landing page, featured on the OKC Thunder website.

The Blocks for Bucks landing page also features updates throughout the season that include a Blocks Counter and a total amount of funds raised.

During the course of the 2017-2018 season, Blocks for Bucks raised $17,000 to benefit the Thunder Cares Foundation.

On April 11, 2018, the final game of the regular 2017-2018 season, representatives from Phillips Murrah participated in a check presentation ceremony at center court in the Chesapeake Energy Arena prior to the game. The total amount presented to the Thunder Cares Foundation includes the total leading up to the final game that appeared on the check, $16,700, plus the amount for three blocks that occurred during the game.

On April 11, 2018, Phillips Murrah President Tom Wolfe, Executive Director Michelle Munda, Marketing Director Dave Rhea and Controller Stephanie Oseland present the Blocks for Bucks check to Erin Oldfield, OKC Thunder Community Relations Director.

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.

Dallas employment attorney Janet A. Hendrick tells Law360 why she joined Phillips Murrah

On Oct. 10, Law360, an in-depth legal industry publication, published an article about Phillips Murrah Director, Janet A. Hendrick, who recently joined our Firm in the Dallas office.

Janet is an employment attorney with almost two decades of experience. She is deeply committed to the advancement of women lawyers and is a thought leader and sought-after speaker on gender diversity in the legal profession.

From the article:

She told Law360 on Wednesday that she was impressed by the firm’s leadership.

Phillips Murrah opens Dallas office“When I met the folks at the firm and understood their commitment to women, and retaining talented women, and putting women in leadership roles with the firm, it was really unparalleled,” she said. “Forty percent of our directors are women, which far surpasses the national average. That’s just something that’s extremely important to me.”

The full-service platform offered by Phillips Murrah — compared with her prior firm’s employment focus — and its competitive rates have prompted positive responses and feedback from clients, she said. Another draw in coming to Phillips Murrah, she said, is the firm’s desire to grow its Texas footprint and the fact that she would have a hand in helping “build something new.”

“Absolutely, the firm is committed to growing the firm in the Dallas office, so we are in discussions with additional individuals now,” she said. “We don’t have a set number, but we plan to bring additional attorneys to fill client needs.”

Janet aggressively defends clients in state and federal courts and in arbitration on a range of matters, and provides counsel on a variety of issues that employers face, including best employment practices and compliance, audits and investigations, employee training, and cutting-edge legal issues surrounding the rapidly expanding gig economy.

Click to read our full release about Janet joining Phillips Murrah.

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.

 

Phillips Murrah welcomes Janet A. Hendrick to Dallas office

Phillips Murrah welcomes Dallas employment attorney, Janet A. Hendrick, to our Dallas office.

Phillips Murrah welcomes Dallas employment attorney, Janet A. Hendrick, to our Dallas office.

Phillips Murrah P.C. is pleased to announce that Janet Hendrick has joined the Firm in its Dallas-based office. Janet is an employment attorney with nearly 20 years of experience. She brings the number of Phillips Murrah attorneys serving the Texas market to twelve.

“We are excited that Janet has joined Phillips Murrah as we continue to expand our Dallas office,” said President and Managing Partner, Thomas G. Wolfe. “She is a brilliant lawyer with a first-class resume.”

Janet represents employers in several capacities, including proactively counseling clients on best employment practices and compliance, advising on cutting-edge legal issues surrounding the rapidly expanding gig economy, handling audits and investigations, and conducting training. She aggressively defends clients in state and federal courts and in arbitration on a range of matters including employee defection, fair employment practices, and nonsubscriber employee injury defense.

“I like to understand a client’s objectives and what it considers to be a victory,” she said, adding that communicating initially and then often with clients to understand their business needs is fundamental to being a strategic partner.

Janet is deeply committed to the advancement of women in the legal profession. She has been an active member of the National Association of Women Lawyers and the Dallas Women Lawyers Association, and is a thought leader and sought-after speaker on gender diversity in the legal profession. With the addition of Janet, over 40 percent of Phillips Murrah’s directors are women, more than twice the national average for large law firms. A significant number of women fill leadership roles at the Firm, including three of the four positions on the Executive Committee.

“I am impressed with the dynamic people at the Firm, especially the leadership,” Janet said of her motivation to join Phillips Murrah. “I’m also excited about the plans for the Dallas office and thrilled to be a part of building the future of the Firm.”

Janet has been recognized as one of the Texas Diversity Council’s Dallas Top 50 Women in Law and the National Women’s Council’s Top 15 Business Women in Dallas. Additionally, she is a member of the North Texas GLBT Chamber of Commerce Governance Committee, the American Bar Association Labor and Employment Section, the Dallas Bar Association Labor and Employment Section, and the Collin County Bar Association.

Prior to joining Phillips Murrah, Janet practiced with Fisher Phillips, a national labor and employment firm, in Dallas. She also previously practiced with Jones Day in Dallas, New York, Washington DC and London.

See post about Law360 coverage here: Dallas employment attorney Janet A. Hendrick tells Law360 why she joined Phillips Murrah 

Phillips Murrah – Dallas Office:
3710 Rawlins Street, Suite 1420
Dallas, Texas 75219

Main: (214) 238-2525
Direct: (214) 615-6391
Fax: (214) 434-1370

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