Tulsa Lawyer Magazine February 2019

Take Action

2

A Message from

Ann E. Keele

2018-2019 TCBA President

6 When it happened … #MeToo An Interview with Jennifer Struble, Esq.

By Michael P. Taubman

12

#MeToo in the Workplace

By Stefan Mecke

TULSA LAWYER

In this Issue

February 2019

5

So Many to Thank - Challenge Report Natalie Sears

11 Don't Wait! CLE Video Replay Schedule 16 It's almost Tee Time!

17 Community Helping Community

LFH Report - Hugh Roberts 19 Congratulations Judges!

20 It's Bowling Season!

Check out the YLD Bowling League 21

How Has the Employment Practice Landscape Changed in the Wake of the “#MeToo” Movement?

By Kimberly Lambert Love

24 In Memory of...

28 Grapevine 31 Classifieds 32 Tulsa Lawyer Submission Guidelines

Tulsa Lawyer 1

A Message from the President

Ann E. Keele

Seeking Zero Tolerance

Greetings! I hope you are doing well with your New Year’s Resolutions now that we are one month into 2019. For those who have not yet begun, remember, it’s not too late. Any day is a great day to start making healthier choices. It need not be a drastic change in lifestyle, just choose to do something better today. Take the stairs instead of the elevator, eat fresh fruit for dessert instead of a cookie, take five minutes in the middle of your hectic day to just breathe, calm your mind and destress. Your health and wellness are important, so take time for yourself today.

Although studies have shown that sex-based harassment, through training and policy enforcement, is less reported today than 1992, data and anecdotal accounts demonstrate that harassment still is a major problem for the legal profession….As many as 50 percent of female lawyers report experiencing sexual harassment in their present or previous jobs, and nearly threequarters of women lawyers believe harassment is a problem in their workplace. Taking into account underreporting and fear of retaliation, the numbers likely are much higher.

Last month, we focused on professionalism and I reminded you that, “[a] lawyer’s conduct Id. at p.3. That statistic is rather startling considering should conform to the requirements of the law, both the increase in number of women in the legal profession. in professional service to clients and in the lawyer’s business and personal affairs.” 5 O.S. Ch. 1, App. 3-A, Women represent approximately 45 percent ¶ 5. “Lawyers play a vital role in the preservation of of associates in private practice, but make society.” Id. at ¶ 13. This month, we focus on another up only 21.5 percent of non-equity partners serious and related issue – sex-based harassment and and only 18 percent of equity partners – only the necessity for zero tolerance.

2 percent higher than percentages held more than a decade ago – and only 24.8 percent of

In 2018, the ABA’s Commission on Women in general counsel at Fortune 500 companies. the Profession published a book, Zero Tolerance: Best Now that close to 50 percent of law school Practices for Combating Sex-Based Harassment in graduates are women, how is it possible that the Legal Profession. The book explains the problem the number of women holding top legal jobs of sex-based harassment and why zero tolerance is remains so low? A variety of factors account essential. The book also addresses relevant legal for the lack of progress, but a major reason framework, recent examples of the manifestation of sexis that women still do not feel welcomed or based harassment (e.g. bullying), and suggested some valued in many legal work environments, training and prevention methods, along with policy and continue to be deterred and undermined development. Unfortunately, this is an issue in which by inappropriate advances and sex-based we have not progressed much in the past 25 years. harassment.

2 Tulsa Lawyer

Id. at p.2-3. The study explains how implicit bias plays a role in the unwitting perpetuation of inappropriate behavior. Implicit bias is the unconscious association of categorizing like objects together, such as the subconscious reliance on stereotypes. Id. at p.31. Every person is vulnerable to these tendencies, and “can be exacerbated in stressful workplace environments like those found in the legal profession.” Id. at p.32. I found the following to be quite interesting.

Separate research has shown that implicit biases, triggered by societal and cultural cues, can result in people of both genders disproportionately believing a man’s versions of events over a woman’s. These finding are important to recognize in relation to work-place harassment, as they can cause supervisors, colleagues, and human resources representatives to disbelieve and unfairly dismiss allegations of wrongdoing, especially when made by women against men.

Id. at p.33.

Since lawyers are charged with the duty to “play a vital role in the preservation of society,” and more awareness and change is needed within our own profession, my hope is that this issue of The Tulsa Lawyer can serve as a catalyst to start the discussion.

We can do better – and we should. For those of you interested in learning more, I will gladly lend you my copy of the book referenced herein, just let me know.

Or you can purchase your own copy available through the ABA website www.americanbar.org.

Want to start a discussion? Post your ideas, questions and comments on the TCBA’s Facebook or Twitter pages. Don’t forget Valentine’s Day is February 14 and President’s Day is February 18. I hope you all have a great February, and continue to make progress towards achieving your New Year’s Resolutions.

Sincerely, Ann E. Keele TCBA President, 2018-2019

Would you like to share your expertise & knowledge with the legal community and your peers?

Email us at~

mptaubman@taubmanlawoffice.com tulsabarnews@yahoo.com

Holiday Challenge So Many to Thank!

As you saw in last month’s edition, the 2018 Holiday Challenge was wildly successful! Attorneys, paralegals, staff, friends, and family all stepped up and went above and beyond this holiday season to make sure that 25 families were provided for!! Our best year yet! The TCBA Children and the Law Committee wants to say THANK YOU to all who contributed this year to making 2018’s Holiday Challenge a great success! We could not have done it without every one of you!

First, because we adopted so many families, I want to give another special shout out to everyone who took the time to go shopping, wrap the presents, and even deliver them to the case worker (an undertaking, but an extremely rewarding process!): •

Children & the Law Committee – Team Leader: Natalie Sears

•

Tulsa County 3 Floor Judges & Staff – Team Leader: Shana Grandstaff rd

• Robinett, Swartz & Aycock – Team Leader: Jake Aycock •

TU Law ½ Ls – Team Leader: Cassandra Bosch

•

Conner & Winters – Team Leader: Anne Sublett

• Holden & Montejano – Team Leader: Jennifay Richardson •

Monroe & Keele – Team Leader: Lauren Rostykus

•

Stafford Family – Team Leader: Lizzie Stafford

•

L&L Construction – Team Leader: Gina Gardner

• Bowman Family – Team Leader: Jessica John Bowman

•

Smith Family – Team Leader: Morgan Smith

• Attorneys at 1515 Law Offices (Karen Keith Wilkins, Tony McAuliff, Matthew Schultz, Scott Keith, Randy Rankin, Nikolas Rankin, Thomas Bingham) – Team Leader: Karen Keith Wilkins •

Jones Gotcher (Maren Minnaert Lively, James Weger, Patrick Waddel, Julia Strong, Brittany Rosa, and Kevin Shank) – Team Leader: Maren Lively

•

Legal Aid of Oklahoma (Kimberly Moore, Karen Langdon, Becky McCracken, Natalie Tupta, Benjamin Moser) – Team Leader: Kimberly Moore

Second, a big THANK YOU to all of those who donated!!

Here is the list of the stellar donors from this year’s Holiday Challenge: •

Dalesandro’s

•

Hall Estill

•

McAfee & Taft – Team Leader: Gerald Hilsher

•

TCBA’s Board of Directors

•

Vaughn Family – Team Leader: Christina Vaughn

•

Jim Hicks

•

Cordell & Cordell – Team Leader: Natalie Sears

•

Jody Nathan

•

Tulsa County Bar Association Staff – Team Leader: Tami Williams

•

Sheila Powers

•

Ken Williams

•

Ray Family – Team Leader: Stephanie Ray

•

Ken Underwood

•

TU Law SBA – Team Leader: Carter Fox

•

Milton Family – Team Leader: Jim Milton

Because of these wonderful donors, the TCBF was able to write a check to Family and Children’s Services for • Bullock Family – Team Leader: Anne Sublett almost $1,200.00! This is ON TOP OF the 25 families we • Sanders & Associates – Team Leader: Esther Sanders adopted! Another special thank you to Dalesandro’s Italian • Secrest Hill Butler & Secrest – Team Leader: Jennifer Restaurant for donating a portion of their dinner sales to this Struble wonderful cause of helping Family & Children’s Services.

Please look forward to the 2019 Holiday Challenge – see you • Aston Mathis Campbell Clarke & Tiger – Team later this year!!

Leader: Judy Hesley Nataie Sears, Chair Tulsa Lawyer 5

When it happened to… #MeToo, before the hashtag became a thing An Interview with Jennifer Struble, Esq.

By Michael P. Taubman

When this interview publishes, it will be about 6 months since the Kavanaugh confirmation hearings and almost 18 months since #MeToo went viral.

Controversies involving media moguls, (formerly) beloved television and movie personalities, and government leaders repeatedly erupted these last 2 years in the headlines. The allegations, stories and scandals arose in some cases from recent events, while others revealed were several decades old. It’s not just the famous and infamous whose lives may be forever scarred by such activities. Many people, even the most ardent of advocates in the courtroom, may be or have been a victim at one time.

In 2017, a study by the U.S. Dept. of Education’s National Center for Education Statistics reported that cases of forcible sex crimes on college campuses increased from 2,200 in 2001 to approximately 8,000 in 2015 (a 262% increase).1 Sometimes, the stories of similar events remain buried deep in the past, until events bring them to light. One such story involved a fellow member of our bar, and she shared it in September 2018.

Her revelation led to our conversation about revisiting the topic and reprinting her story. Having posted it on her personal social media page, she’s allowed us to reprint the story below here. I interviewed her about her events, the reactions and responses she received from people through social media, and her thoughts on progress in this area.

1 https://nces.ed.gov/fastfacts/display.asp?id=804 6 Tulsa Lawyer

“Ok, enough is enough. I am about to make myself really vulnerable to the entire world here. For all of you who have ever said you respect me for who I am, listen up. I have not ever presented this story publicly. A few of you have known either because you were around then and witnessed the devastation I brought upon myself in the aftermath, or I have since trusted you with the story. But this Kavanaugh confirmation thing has me angry.

I was raped in my dorm room in college.

No one was there. No one saw. No one can corroborate my story. But it happened. I told friends right after it happened. I was shattered. I was 19. I ran away. I went home to another state to collect myself and tell my parents. I returned 10 days later and went to the police. There was no evidence. He hid from and evaded the police for weeks. They didn’t feel they had grounds to pursue the matter criminally. It was dropped.

But it happened.

That was 28 years ago. I have mostly come to terms with the situation. I know where this man lives now and I am content to let him live out his life as a private citizen. But you can bet that if he were ever to stick his neck out and run for office, I would make his name public in a heartbeat. I would gain nothing from it.

In fact, I would likely be branded a liar and a slut and an opportunist. I am sure some people would say, but it was so long ago.... But he was only 22.... But maybe I would protect the public from electing a rapist. Because it happened.

Do I have proof? Absolutely not. But that doesn't mean it didn't happen. I have friends that I told back then. But that's it. That doesn't make it a smear campaign. Even now, 28 years later,

even though he cannot be criminally convicted, MT: Obviously, the debates surrounding the Kavanaugh I would have a right to bring my accusations confirmation hearing sparked something in you public and let the public decide if it matters to that allowed yourself to break your 30 years of them. silence to share your experience. Did you ever I am just a random citizen and so is he, consider doing it sooner when other things and this is hard admitting what happened. It related to #MeToo began to surface in 2017 is embarrassing and shameful. It would be so or even before that time, such as the Thomas difficult to come forward into a public arena confirmation hearing in 1991? like a Senate confirmation hearing and speak JS: Thomas was confirmed almost exactly a year publicly about such an encounter. I personally after my rape. I had not had a professional job think that any man with that background should yet, I couldn’t understand the dynamic of the be disqualified from serving a LIFETIME relationship and I was still working through appointment to the highest Court in the my own trauma. As time has moved on, I have country. brought it up from time to time if the situation was relevant or it would be a useful bit of So sayeth Jen.” perspective for someone to have. But really, as I was told once, you can’t just spring that bit of information on people. It disrupts the social norm MT: From your post in September 2018 of your and people don’t know how to react. It makes experience in college, you received around 70 them uncomfortable to think about a person they responses. What stood out to you most in the know and like or respect suffering that harm. nature of the responses from people to your And perhaps that is part of the problem – as story? women we are reminded to always take other’s JS: I was surprised by a few things: the people feelings into consideration before speaking. I’ve who attempted to distinguish and defend the told people before, and then noticed that they Kavanaugh situation in the midst of my message; the people who thanked me, for doing nothing more than what we should all be able to do, but sometimes can’t; and the people who commented who I rarely, if ever, hear from otherwise but somehow found the story important enough to merit more than a passing “like”. I did end up ending one friendship over the issue.

2

DVIS / CALL RAPE SERVICES 24 Hour emergency crisis line for domestic violence & sexual assault victims.

918-HELP.ME (918-743-5763) 2 Reprinted with permission from Jennifer L. Schmitt; https://www.facebook.com/Jennifer.Schmitt1/ posts/10156784706816095

Also, the campus police did not, at that time, don’t know how to react to me after. Its almost have the training or the resources to deal with as if they think I am so fragile because of it, I someone walking in 10 days after a crime and might break. Or worse; cry in public. reporting it. It is my understanding that campus MT: The experience you described in your dorm room officer training has been improved. I am not has become a substantial portion of the campus sure which came first, higher reporting numbers crime profile across this Nation. Do you attribute or better responses, but I think better responses that to an increase in criminal behavior, more are certainly a factor. victims coming forward, or better recognition by universities of the problems on their campuses? MT: Your daughter will be graduating college, and your son will be going off to college soon. How JS: When it happened to me, we were just starting did you approach your kids with this information education programs across campuses to teach to advise and instruct them about what they may students and student services personnel, how experience in college? to deal with such occurrences. I was a floor president and had just, a month or so earlier, JS: Its difficult; particularly with my daughter. Not only did I have to tell her something that made helped present a program on the subject of date rape. Despite my assistance with and me less invincible, she knew the children of my rapist – because they are close to the attendance at the program, I still did every same age. She was not friends with them, only single thing “wrong.” I think the more power acquaintances, but she had to work through how we give people to not be shamed by something she felt about them and what would be fair to obviously not their fault, the more reporting we them to say or do, since they certainly have no will see. The more victims are believed and not idea about what happened. As for my son, it second guessed (But were you drinking? Did was just an anecdote to use for demonstrative you kiss him? What were you wearing?) the purposes in the talks about sex and consent that more they will be willing to tell their stories. must be had anyway. Particularly since I am a single mother, it was difficult to, again, allow myself to be seen in such a vulnerable light.

We continue the dialogue about consent but he does not want to hear anything more about his mother being hurt. I think it’s the same impotency that my family and close friends felt when it happened. It can’t be fixed, so they have a hard time talking about it.

MT: It’s possible that some reading this article will have a similar experience they’ve kept secret.

What advice would you offer about coping with such a trauma?

JS: Know that there are tons of resources available.

Also, if you speak out, some people may disappoint you, as a few did me, but there will be so many more who will surprise you with their own stories and their love and support.

MT: Obviously, the horror of the experience and the damage will never be undone, regardless of the lack of a criminal conviction. Having exposed the story publicly, would you say it’s given you any sense of liberation?

JS: Well, its out there once and for all, for everyone.

I won’t say liberation since I never really hid it. But maybe I feel a bit more understood.

It’s a difficult topic to discuss and maybe knowing this about me now, friends will better understand why I have some of the opinions I have. Justice was not served. That still hurts and talking about it won’t fix it. But knowing people believe me anyway, does take away a bit of the sting. I wonder, though, if they knew who it was, if they would feel the same way.

MT: I recall working in D.C. around the time of the Thomas confirmation hearing, especially post-hearing when employers made concerted efforts to put on series of sexual harassment trainings for all the employees. Do you have a recommendation for training educators and students to attempt to prevent events such as you experienced?

JS: Again, the Thomas situation was so different than my experience. The professional workplace is a different animal than the social setting of a college. Maybe this is highlighted by the fact that before law school, I actually worked for a consulting company and presented sexual harassment training for employers. It never occurred to me that I was dealing with the same subject as what I had personally experienced.

In the workplace, the best rule of thumb is probably, if you wouldn’t say it to your mother or your sister, don’t say it. In a social setting, I think we just need to continue to educate people on the idea of consent. We need to give women the power to say “no” and mean it and we need to teach men that “no” does actually mean “no”. This is a huge cultural shift and not easy.

The relentless sexual pursuit of a woman is not romantic or endearing. Women have to take responsibility for their part in the perpetuation of a certain dynamic. Kind of like the flack about “Baby its Cold Outside.” This is no longer the 40s; women should be able to talk about sex and relationships without being coy or saying one thing while meaning another. I don’t have the answers. But empowering women to take both ownership of and responsibility for their own sexual choices would be a good step.

After a sexual assault,

you may feel fear, shame, guilt, or shock. All of these feelings are normal, and each survivor can feel a different range of emotions at different times in the recovery process. Sexual assault is never your fault. It may be frightening to think about talking about the assault, but it is important to get help.

You can call these organizations any time, day or night.

The calls are free and confidential.

Resources are available to help you if you have been a victim of any type of sexual assault.

National Sexual Assault Hotline 800-656-HOPE (4673) National Domestic Violence Hotline 800-799-SAFE (7233)

Tulsa Lawyer 9

TCBA Continuing Legal Education is still availale to help you meet your last second requirements.

Don't miss out!

Member Sighting...TCBA's First Scooter Commuter Andy Turner, attorney at Conner & Winters, arrived at the Bar Center on a scooter for the January Bankruptcy Section meeting. Andy is the first TCBA commuter, that we know of. Andy is no stranger to 2 wheel vehicles. He often bikes to work from home. The past couple of weeks, though, he’s given the scooter a try.

10 Tulsa Lawyer

Tulsa Lawyer Lawyer 1111 Tulsa

#MeToo

in the Workplace

By Stefan Mecke #MeToo

I was recently ushered into the office of a powerful female executive for an initial “meet and greet” that I had hoped would lead to a long-term professional relationship. The female executive was in front of me behind her desk. I was flanked to my left by a second female executive that I had only recently met and that had brokered the meeting. The female executives are not lawyers and are not affiliated in any way with my law firm. About mid-way through the discussion the executive to my left, while making a point, physically placed her hand on my arm and proceeded to rub her hand up and down my arm. The Executive behind the desk reacted with a very visible and severe popping of the eyes. Although somewhat shocked myself, I remained motionless (or so I thought). I am not sure if my own eyes deceived me and did some eye popping of their own or if the executive behind the desk was reacting to the touching and rubbing of my arm that was occurring in front of her.

Tulsa Lawyer 1212Tulsa Lawyer

Regardless of the exact cause that triggered the eye popping reaction, the situation was uncomfortable, awkward, and unprofessional in the setting of a professional business meeting. As a Labor & Employment Attorney I was surprised the incident occurred at all in light of the #MeToo movement and all of the media attention and workplace training focused on the problem of sexual harassment in the workplace.

The #MeToo Movement

It has been a little over a year since the New York Times broke the story on Harvey Weinstein. Actress Ashley Judd accused the media mogul of sexual harassment. A few days later actress Alyssa Milano reignited #MeToo with the tweet: “If you have been sexually harassed or assaulted write ‘MeToo’ as a reply to this tweet.” Since that time, many other instances of workplace sexual harassment have made headlines and have caused employers to re-evaluate their approach to preventing and responding to harassment in the workplace.

One Forbes article cautioned employers and their boards by highlighting key areas the media headlines focused on such as (i) behavior, (ii) knowledge (when the employer knew or should have known), (iii) responsiveness, (iv) action (not taken)

and (v) reputational risk. (https://www.forbes.com/sites/ avivahwittenbergcox/2018/04/30/metoo-now-meansbusiness/ April30, 2018).

Another article provided a cautionary tale of leaders contradicting the corporate line. Nike, who has targeted female buyers with marketing efforts emphasizing female empowerment, fired half a dozen male executives (one of which was the head of diversity and inclusion) for what the company referred to as “conduct inconsistent with Nike’s core values and against our code of conduct”. The author noted that just before the firings, a group of Nike employees invited colleagues to respond to a confidential survey about sexual harassment, and then provided the results directly to the CEO. Shortly after the executive firings, Nike brought in a crises management expert that provided a 15 point response plan. In response to the internal survey and additional complaints, Nike instituted (i) a comprehensive review of its human resources procedures, (ii) mandatory harassment training for management and (iii) revision of internal reporting procedures. https://www.nytimes. com/2018/04/28/business/nike-women.html.

Not Illegal but not OK One of the reasons the claims at Nike may not have been acted upon by Human Resources could be that the actions taken by Supervisors/Managers may not have risen to the level of illegal harassment at the time of the complaints. One of the conversations I often have with employers grappling with harassment is whether certain actions in the workplace rise to the level of illegal behavior. The law governing workplace harassment is very technical and can be unforgiving. For conduct to rise to the level of “illegal”, the conduct must be so severe and pervasive that it creates an abusive working environment that negatively impacts an employee’s ability to get their job done. The conduct must also be motivated by the target’s membership in a protected class such as gender or race.

Many employers have drafted policies that include broad definitions of harassment. Some have recently added examples of workplace behavior that may not be harassment, legally speaking, but could lead to potential liability for future discrimination claims.

For example, a supervisor’s negative or inappropriate comments about an employee’s gender, race or religion may not amount to a harassment claim at that moment, but could lead to a later discrimination claim if allowed to continue in the workplace. An employer that allows

a supervisor to make objectifying comments about female subordinates could find themselves in trouble if those female subordinates are later subjected to real or perceived adverse employment actions involving things like compensation, promotion or termination decisions.

Microsoft publicly stated that it would get rid of required arbitration for sexual harassment-related claims. In addition, the Tax Cuts and Jobs Act was passed in late 2017 and provided that confidential sexual harassment settlement payments would no longer be tax deductible.

Attorney fees relating to such a settlement or payment The EEOC Response are also no longer tax deductible. Due to this Act, employers must choose between confidentiality and

Since the beginning of the #MeToo movement, tax deductibility when settling these types of claims.

I have personally seen an uptick in requests for Internal Revenue Code Section 162(q). assistance with harassment in the workplace. I attribute this increase to an increase in awareness for both Recommendations for Employers employees and employers causing better responses by employers (e.g., seeking outside legal counsel to Employers must recognize three new realities assist with preventative training, claim response and stemming from the #MeToo movement.

First, investigations). workplace standards have changed in a significant way, and these changes will be viewed retroactively. Second,

In October, 2018, The EEOC announced threat of litigation and monetary damages is not the preliminary FY 2018 sexual harassment data and only concern that needs to be considered by employers. thanked its staff for “stepping up to the heightened Damages to a company’s reputation associated with demand of the #MeToo movement to make clear that the public display of inappropriate behavior in the workplace can negatively impact the bottom line workplace harassment is not only unlawful, it is simply and subject employers to pressure from customers, not acceptable”. The report provided the following vendors, employees, boards and the general public.

2018 data points for employers to consider: Third, companies must reorder priorities and deal with company cultures rather than simply attempting to • The EEOC filed 66 harassment lawsuits, including avoid legal claims from employees. Ten best practices 41 that included allegations of sexual harassment. for improving company culture and limiting liability in That reflects more than a 50 percent increase in response to the #MeToo movement are as follows: suits challenging sexual harassment over fiscal year • Draft and circulate a strong anti-harassment 2017. policy. Employers have a defense to the vicarious liability associated with harassment by a supervisor • In addition, charges filed with the EEOC alleging or co-worker if the (i) harassment did not involve sexual harassment increased by more than 12 an adverse employment action, (ii) employer used percent from fiscal year 2017. reasonable care to prevent and promptly correct the harassment, and (iii) plaintiff failed to avail him/ • Overall, the EEOC recovered nearly $70 million for herself of the employer’s anti-harassment policy. the victims of sexual harassment through litigation and administrative enforcement in FY 2018, up • Introduce new company-wide anti-harassment from $47.5 million in FY 2017. training. Employers should review their harassment training programs to make sure that The Legislative Response they reflect current best practices. All company employees, supervisors and management should be

The legislature voiced concern in response to re-trained with an emphasis on the importance of the #MeToo movement in the form of two significant following the new guidance directly from the top of pieces of Legislation. Bi-partisan legislation was the organizations leadership. introduced in the Forced Arbitration of Sexual Harassment Act of 2017 providing that “no pre-dispute • Institute a zero-tolerance policy. The employer arbitration agreement shall be valid or enforceable if should clearly specify behaviors that are it requires arbitration of a sex discrimination dispute”. inappropriate for the workplace, whether or not they H.R. 4570 – 115 Congress (2017-2018). Shortly after, are “illegal” harassment or simply inappropriate in th

14 Tulsa Lawyer

the workplace. Policies should be clear that any • Require mandatory reporting of all harassment. form of harassment, whether legal or illegal, is not Anyone in the organization that has experienced or allowed and will not be tolerated in the workplace. witnessed harassment must be obligated to report.

• Implement an effective complaint process. • Review confidentiality requirements. Employers Action by the Employer should be quick and should review the promises made to complaining with a severity directly related to the level of parties that request reports to be kept confidential. misbehavior. Multiple reporting options should Confidentiality should be given to the extent be provided to assist in the event a perpetrator is possible. In addition, confidentiality requirements within an employee’s direct reporting structure. I in settlement agreements should be reviewed and often recommend allowing direct reporting directly re-evaluated in light of changes in public perception to the company’s HR representatives or Board of and the tax code.

Directors under certain circumstances.

• Revisit “for cause” and “arbitration” provisions • Create thorough and prompt investigation and in employment agreements.

Pre-dispute response strategies. Every harassment claim agreements such as employment agreements should should be treated seriously and immediately and be evaluated to ensure arbitration provisions and thoroughly investigated. Employers should train termination for cause provisions properly address supervisors/managers on the appropriate course of sexual harassment. action to take in response to statements such as: “I don’t want you to do anything…but” or “I thought • Create a PR plan. Employers should actively work to reduce the likelihood of a public claim of you should know…but”. Employers should also sexual harassment but be prepared for the reality consider utilizing experienced outside counsel of such a claim with an internal and external PR for these sensitive investigations, especially those response strategy. involving company leaders. It is difficult to overcome a challenge of favoritism when internal resources handle these investigations.

•

Emphasize the importance of non-retaliation.

Any employee who has a reasonable belief that illegal harassment has occurred and makes a good faith complaint must be protected from retaliation.

Retaliation is currently one of the most active complaints handled by the EEOC.

More information can be found at the EEOC website: https://www.eeoc.gov/laws/types/ sexual_harassment.cfm

Stefan Mecke is an attorney with the law firm of Barber & Bartz

We know what you are thinking... so register now!

16 Tulsa Lawyer

10th Annual Lawyers Fighting Hunger -

Community Helping Community

Lawyers Fighting Hunger held its 10th annual Thanksgiving event, Live Local, Give Local on November 17, 2018. Thanks to the generous donations from the Tulsa County Bar Association Members and the Tulsa County Bar Association Foundation, this year 950 families received a Thanksgiving Turkeys and 27 food items including a pumpkin pie. Cool Ray Coffee provided coffee at their Food Truck and Arnie’s Bar again donated 1000 hotdogs, hamburgers, beverages, music, and much more to make the event feel like a festival.

A combined effort between the Community Food Bank of Eastern Oklahoma, Emergency Infant Services, Iron Gate and Lawyers Fighting Hunger, Live Local, Give Local empowers donors to support local organizations providing help and hope in the fight against hunger in the Tulsa area. Other organizations we have partnered with to screen and provide the meals to their families include EduRec, Women in Recovery, Community Service Counsel Vet Programs, and many more.

Emergency Infant Services was on site providing diapers to families with children. Free haircuts were provided onsite by Tulsa Tech Barbers and toothpaste given out courtesy of 360Dental. The haircuts were a very nice touch and many left with a big smile on their faces after having received their first haircut in a year or more.

The Tulsa County Bar Foundation, Oklahoma Association For Justice, Oklahoma Association of Defense Counsel, New Wine and Grace Ministries, Sherwood, McCormick & Robert, and Graves McLain, and over 50 law firms, local businesses and many others contributed to make this day possible.

Across the state, there were a total of five cities who distributed turkeys and participating in this event including OKC, Norman, Mustang, and El Reno. In a friendly competition between the cities, the donors compete to see which city can donate the most to support the event in their city. For the second year in

a row, Tulsa claimed victory over OKC. “While Tulsa claimed victory in the competition, the real winners are the families we are able to help this Thanksgiving” said Rachel Gusman, an attorney with Graves McLane law firm and board member of Lawyers Fighting Hunger.

“The need in Tulsa continues to increase and with the cuts to the SNAP program, many of the working poor are finding it harder to provide the necessities, let alone a turkey and all the things that go with a Thanksgiving Meal, including cranberry sauce and a pumpkin pie.” said attorney Hugh Robert, of Sherwood, McCormick & Robert, also a co-founder of Lawyers Fighting Hunger. Many of the families also rely on the subsidized meals at the schools to help feed their children, and with the state budget cuts, and reduction in hours at the schools, this has also increased the need for helping families in the Tulsa area.

Live Local, Give Local provides meals to families across the state twice a year, at Thanksgiving and Easter. “The faces of hunger are increasing and we are seeing more of the working poor, grandparents raising their grandchildren on a fixed budget, disabled vets trying to survive on their disability benefits, and families who have three and four jobs just to provide ends meat” said Robert. While this event will not end hunger, it is doing a small part to see that those who live in our community can reach out and help those in our community who need it most with the most fundamental of needs—food.

Hugh Robert, of Sherwood, McCormick & Robert, and co-founder of Lawyers Fighting Hunger.

Tulsa Lawyer 17

Congratulations to all of the new District Judges who were sworn in January 14, 2019 Justice John Reif swearing in the Judges of the Northeast Judicial Administrative District of Oklahoma Photo courtesy of D. Kenyon "Ken" Williams

Dawn Moody signing Oath of Judges

Judges Carter, Moody & Priddy taking the Oath

Chad Moody, Judge Moody & Dan Kramer

and congratulations to our new Tulsa County District Court Special Judges!

Ann Keele David Guten Julie Doss Dawn Moody and Tracy Priddy celebrate the day

Photos courtesy of Judge Dawn Moody

Judge Martha Rupp Carter signing the Oath of Judges Tulsa Lawyer 19

YLD BOWLING - THE SEASON IS HERE - JANUARY 2019 - SHERIDAN LANES

Go out and cheer on the teams!

Split Happens Bowling

Britney Spares vs. Pro Bowlo

Contact Natalie Sears at nsears@cordelllaw.com for information.

Ron Gore & Ryan Nanney

How Has the Employment Practice Landscape Changed in the Wake of the “#MeToo” Movement? By Kimberly Lambert Love It has been over a year since the New York Times broke a report that detailed allegations of sexual misconduct by movie producer Harvey Weinstein in what would spark the “#MeToo” movement. We have all become familiar with subsequent bombshell headlines of high-profile executives and celebrities being exited in the face of allegations of sexual harassment or other sexual misconduct. The New York Times reported in October 2018 that the “#MeToo” movement has brought down at least 200 prominent men accused of sexual harassment or misconduct including Bill O’Reilly, Charlie Rose, Kevin Spacey, Al Franken, Matt Lauer, and Garrison Keillor - to name a few. Other than the demise of these prominent men, what impact has the “#MeToo” movement had in the employment practice landscape?

The movement certainly has raised our collective consciousness as to the pervasiveness of sexual harassment in the workplace and has elevated discussions on the topic. While some may presume there have been massive changes to the law as a result of the “#MeToo” movement, we actually have not seen any significant legal developments in the area of federal harassment law. Nonetheless, the Equal Employment Opportunity Commission (EEOC), the federal agency that enforces the U.S. discrimination laws, reports an increase in the number of sexual harassment charges filed with the agency. According to the EEOC, charges alleging sexual harassment increased in fiscal year 2018 by more than 12 percent from fiscal year 2017, and it attributes this increase in charges to the “#MeToo” movement. In addition, in 2018 the EEOC filed 66 harassment lawsuits, including 41 for sexual harassment. That reflects more than a 50 percent increase in sexual harassment lawsuits by the EEOC over fiscal year 2017. Overall, the EEOC recovered nearly $70 million for the victims of sexual harassment

Tulsa Lawyer 21

through litigation and administrative enforcement in all employees. I have also noted a greater interest in 2018, up from $47.5 million in 2017.1 creating an anonymous hot line or ombudsperson to ensure that employees feel safe in reporting misconduct.

A survey of the cases filed in the Northern In addition, as part of an organization’s training District of Oklahoma shows that there were eleven regarding harassment, I am seeing added components cases alleging sexual harassment in 2018, as compared to the training that stress the company’s core values and to nine cases alleging sexual harassment in 2017.2 It culture of dignity, respect, and civility. may be that after the spike of EEOC charges make Further, we have seen an increase in requests their way through the agency process, we will see an increase in the number of federal lawsuits filed asserting by employers for us to conduct cultural or employee sexual harassment, but, at least in the Northern District engagement type surveys to discover if there are of Oklahoma, there has not been a big increase in the underlying cultural issues that need to be addressed by number of sexual harassment lawsuits filed since the the company. If problematic issues are uncovered as a result of the cultural survey, the employer can fashion “#MeToo” movement took hold. effective strategies for addressing these concerns before The survey results are consistent with our an issue erupts into an internal complaint or lawsuit. employment litigation practice where we have not seen Similarly, we have seen an increase in requests for a dramatic increase in the number of sexual harassment employment audits where we review company policies lawsuits we are handling. We have, however, seen an and practices for compliance with federal and state increase in the number of workplace investigations we employment laws and for best practices. have been asked to conduct into internal complaints of discrimination, harassment, and retaliation. In part, this could be attributable to an employer’s desire for an independent assessment in light of stories of corporate indifference and mismanagement of internal complaints emerging from the “#MeToo” movement.

I have also observed a heightened interest in the outcomes of workplace investigations by company executives and boards of directors. It is now not unusual for me to report the investigatory findings to company executives and/or board members who want to be made aware of any issues that may be lurking within their organization. It seems that in response to the heightened awareness brought about from the “#MeToo” movement, company officials want assurances that their organization is fostering a fair, safe, and inclusive work environment that reflects a culture of respect for all employees.

In light of the “#MeToo” movement, I have also seen an uptick in revisions to company policies related to workplace behavior, including policies addressing harassment, complaint procedures, and investigation procedures and a renewed interest in making sure that these policies are effectively communicated to 1

www.eeoc.gov/eeoc/newsroom/release/10-4-18

2 The survey consisted of researching all cases filed in the Northern District of Oklahoma in 2017 and 2018 using the search terms “Civil Rights: Jobs” and “Federal Question: Employment Discrimination” and then reviewing the Complaints filed in each case for sexual harassment allegations.

22 Tulsa Lawyer

While we have not seen any broad-sweeping, dramatic changes in the law of sexual harassment, employers appear to be taking internal proactive steps to ensure a fair and respectful workplace in light of the heightened awareness of workplace conduct brought forward through the “#MeToo” movement. It’s unrealistic to think that these issues can be completely addressed by implementing new laws, but a good start is the application of existing laws in a concerted manner within organizations.

Kimberly Lambert Love is a Partner with Titus Hillis Reynolds & Love. With over thirty years of experience, Ms. Love practices in all areas of employment law.

She is the past chairperson of the labor and employment section of the OBA, has been repeatedly selected for inclusion in The Best Lawyers in America and named to Oklahoma Magazine’s list of Top 25 Women Super Lawyers. In 2018, Ms. Love was recognized by the Best Lawyers in America as the “Lawyer of the Year” in the area of Employment Law-Management.

What Does Sexual Assault Include?

• Sexual assault can include: Any type of sexual contact with someone who cannot consent, such as someone who is underage (as defined by state laws), has an intellectual disability, or is passed out (such as from drugs or alcohol) or unable to respond (such as from sleeping) • Any type of sexual contact with someone who does not consent • Rape and Attempted rape • Sexual coercionSexual contact with a child • Fondling or unwanted touching above or under clothes • Sexual assault can also be verbal, visual, or non-contact.

It is anything that forces a person to join in unwanted sexual activities or attention. Other examples can include: • Voyeurism, or peeping (when someone watches private sexual acts without consent) • Exhibitionism (when someone exposes himself or herself in public) • Sexual harassment or threats • Forcing someone to pose for sexual pictures • Sending someone unwanted texts or “sexts” (texting sexual photos or messages) U.S. Department of Health and Human Services. Office on Women’s Health. Sexual Assault. Washington, DC. Available at https://www.womenshealth.gov/relationships-and-safety/sexual-assault-and-rape/sexual-assault#16. Accessed on 02-16-2019

William Christopher "Bill" Jackson

William Christopher Jackson passed away peacefully at his home on January 6, 2019 at the age of 79 years.

Bill was born July 19, 1939 and was a life-long Tulsa resident. He graduated from Central High School in 1957 and received an engineering degree from OSU, an MBA from UCLA and a JD from the University of Tulsa College of Law. Bill proudly served in the Air National Guard including two years of active duty.

24 Tulsa Lawyer 24 Tulsa Lawyer

Bill practiced law in Tulsa and managed the family businesses. One of Bill’s greatest passions was helping others. For 22 years, he was a voluntary tax preparer through the Volunteer Income Tax Assistance program (which later became the Community Action Project).

He generously provided pro bono legal assistance to many individuals. For many years, he was a dedicated volunteer at Mayfest, the Bluegrass and Chili Festival and the Greenwood Jazz Festival.

Memorial donations may be made to the Oklahoma Mothers’ Milk Bank (901 N. Lincoln Ave., Suite 330, Oklahoma City, OK 73104) or okmilkbank.org.

R. Hayden Downie Past President of the TCBA is Laid to Rest

R. Hayden Downie, 77, Tulsa, OK, passed on January 4, 2019, surrounded by family.

Outside of his professional life, Hayden was passionate about the Memorial High School basketball team for which he served as statistician for 20 years.

He was at the game a month prior to his passing

Hayden was born June 28, 1941, in Topeka, KS. He received his JD from Washburn University and was a member of Delta Theta Phi.

Hayden is survived by wife, Betty; sister, Jeanne Page and husband, Paul; sister, Sharon Cooper; daughter, Whitney Moore and husband, Ken; son, Tim Downie; daughter, Allyson McKay and husband, John; son, Kenneth Downie; grandchildren, Chelsie, Andrew, Alexandra, John, Khloe, Payne, Cade; and many nieces and nephews.

Hayden’s legal practice spanned a variety of public and private settings in Tulsa. After a stint with Texaco, he served as Tulsa Assistant District Attorney. In 1970, Hayden was Judge of Tulsa's Municipal Criminal Court. Hayden led the creation of Night Court and participated in development of the Driving While Intoxicated School, with the latter now used by the district courts throughout Oklahoma. For his innovative work, Hayden received the "Extra Mile Award" from the Tulsa Council on Alcoholism and was awarded "Outstanding Court of the Nation for Cities Under 500,000" by the American Bar Association.

Following his service to the public, Hayden entered private legal practice at several firms, including Sneed, Lang, Adams, Hamilton, Downie, & Barnett and Main & Downie. Hayden concluded his career by returning to public service as Assistant City Attorney for the City of Broken Arrow.

A lifelong – and active - member of the Tulsa County Bar Association, Hayden served as TCBA President (1986-87) and Director at Large. Hayden was honored as "Outstanding Senior Lawyer 1990-91".

He supported Legal Services of Eastern Oklahoma as Chairman of the Board (1982) and member of the Board of Directors. He also served on numerous Oklahoma Bar Association and TCBA committees. Hayden's professional memberships also included the Oklahoma Trial Lawyers Association, American Bar Association, and Association of Trial Lawyers of America. He was admitted to the United States District Courts and United States Court of Appeals.

~ Submitted by Faith Orlowski Remembering Hayden Downie

I learned on social media this morning that Hayden Downie passed away during the first week of 2019. I learned too late to attend his funeral. But I am remembering him as I write this column for the Tulsa Lawyer.

Hayden was one of the “good guys.” I remember sitting in the office of one of our more senior lawyers years ago and noticing on his wall a plaque for an award called “the good guy award,” or “the nice guy award.”

I’m sure that that award has been renamed to reflect an updated social consciousness. And the fellow with the plaque on his wall died several years ago. But that is what came to mind as I was remembering Hayden.

I first came to know who Hayden was back in 1998, when he ran for District Judge. I supported his opponent, who was the incumbent. The race was a very civil race. Both sides tended to enjoy themselves.

I walked in the Brookside Halloween parade that year, and remember seeing Hayden’s float and group of supporters, having a great time. But during this time, I did not have an opportunity to meet Hayden and get to know him.

Years later, Hayden was hired as an Assistant City Attorney at the City of Broken Arrow. Not long after he was hired, Hayden called me to schedule a meeting to talk about some issues that I had been helping with.

Tulsa Lawyer 25

Haydon Downie continued I was looking forward to the meeting, but wondered whether he would hold against me that I had supported his opponent in the District Judge race. I mentioned that issue at the outset of the meeting, and he let out a good laugh, said of course not, and began sharing stories of how much fun he had had during that campaign.

I ended up working for Hayden off and on during his time at City of Broken Arrow, and enjoyed each encounter. Hayden was always professional and helpful. But more than that, he was always a good guy.

At some point, I walked by the photographs of past presidents of the Tulsa County Bar Association and noticed Hayden’s name and photograph. It did not surprise me a bit, although his position as past president had never come up in talking with him.

So when I learned that Hayden had passed, what I remembered about him was that he was a good guy, and I’m proud to be a part of the same community of attorneys that he was a part of. ~ Jim Milton "Hayden Downie and I worked together in creating the TCBA, and buying the building. I was the first president of the TCBA, and I think Hayden was the 3rd president. We later became law partners as Main and Downie. PC. He was a good guy."

~ Ron Main

"Lawyers have their duties as citizens, but they also have special duties as lawyers. Their obligations go far deeper than earning a living as specialists in corporation or tax law. They have a continuing responsibility to uphold the fundamental principles of justice from which the law cannot depart."

~Robert Kennedy

Thomas Ryan Gone Far Too Soon…

Colleague and friend, Thomas Ryan passed on December 8, after battling cancer.

Thomas had an amazingly positive attitude throughout his illness, missing very little work despite having to undergo surgeries and treatment.

His perseverance and drive were impressive and admirable.His wife, Katelyn, worked as his paralegal, and she supported him personally and professionally throughout these past few difficult years.

Thomas graduated from the University of Oklahoma with a Bachelor’s Degree in Letters in 1999 and from OU College of Law with his J.D. and Master’s Degree in Business in 2004. He taught LSAT prep courses for The Princeton Review and worked as an editor for the American Business Law Journal while in law school.

I remember the first time that I met Thomas at the courthouse a few years back. We had a conversation about his name, and how much I liked it because it reminded me of my son, whose name is Ryan Thomas. He kindly laughed, and we enjoyed a kindred spirit ever since. We litigated against one another with zeal, but never without respect and friendship. No matter how intense our cases became, we maintained our fondness and trust in each other.

Thomas was a good attorney and a good man. He was only in his early 40’s when this last round of cancer took him.

Thomas is gone far too soon, and he will be greatly missed. Rest in peace, my friend.

Thomas Ryan was someone who loved life and someone who was strong and persevered. He was a fighter. Thomas lived every day to the fullest. He was a brilliant appellate attorney. He truly embodied those things an attorney to be in regards to strength and in logic. Thomas Ryan is will greatly missed by many and especially by those that truly knew him well.

26 Tulsa Lawyer

~ Ann Keele

~ Jeffrey Hensley

Professor James “Jim” Thomas Professor James “Jim” Thomas, passed away on Sunday, January 6, 2019.Many were enlightened by his teachings at the University of Tulsa College of Law. He was more than a law professor, he was a mentor to many, not just to people in the legal profession. He was a champion for equality and fought for it throughout his life. He began teaching at TU in 1963 and retired from the Law School in 2011 but did not retire from the practice of law.

landlord to determine the immigration status of renters.

Jim was a long-time fighter for civil rights. He had nothing to gain personally; he knew that no one should go homeless. He prevailed, and a large part of 1804 was found to be unconstitutional.

Professor Thomas was loved by many and was known as Dad, Papa, The Chairman, Boss, and of course Professor. He grew up in an orphanage. At age 17 he joined the army and was a paratrooper. He used the GI Bill to obtain an education at the University of Alabama and at New York University. Jim was a strong believer in education. He assisted many, not just in the classroom, to obtain an education. Whether it was purchasing books, clothing, or paying tuition, he helped countless to reach that goal.

Jim loved his family more than his causes. He made sure that he spent quality time with his children and grandchildren. He had four children: Steve Thomas who predeceased him; Michael C. Thomas (married to Laurie Phillips); Cassandra Funderburk; and Doug Thomas (married to Kim Thomas). He had six grandchildren: Tiffany Phillips; Michael S. Thomas (married to Caitlyn Thomas); Tyler Funderburk (married to Aimee Funderburk); Joshua Funderburk; Amber Thomas; and Andrew Funderburk (married to Christina Funderburk). He had two great-grandchildren Benjamin and Birdi.

Professor Thomas taught Legislation, Administrative Law, and Labor Law just prior to retirement. His passion was Labor Law. He fought for the bargaining rights of labor unions and represented workers and their Unions in too numerous lawsuits to mention. He represented the local Office and Professional Employees International Union where he was instrumental in getting a contract for the lowest paid workers at a credit union in Miami, Oklahoma.

Jim Thomas along with Tomy Frasier and the local president worked to replace the board of the credit union that would not bargain fairly with the Union.

They were successful, and the employees gained insurance for their children. All three spent countless hours to achieve their goal, Jim, always supporting the underdog, worked for no compensation.

In 2009, Jim challenged the constitutionality of HB 1804. HB 1804 targeted Latinos in an effort to curtail their ability to find housing. HB 1804, among other provisions, would have put the burden on a

M o r e r e c e n t l y, J i m c h a l l e n g e d t h e constitutionality of Oklahoma’s Voter I.D Law. Once again, he knew that it would be a difficult undertaking but took on the challenge. He believed in the integrity of our constitutional right to vote, that there should be no impediment placed in the way. To his dismay, the Oklahoma Supreme Court disagreed with him.

We need more like him. Jim will be missed. His legacy and love will live on.

In lieu of flowers, memorial contributions may be made to Mental Health Association Oklahoma, 5330 E. 31st St., Ste. 1000 Tulsa, OK 74135, 918-585-1213 https://sforce.co/2CYjiAr

Spring is just around the corner!

Freshen up your advertising routine with Tulsa Lawyer.

Email tulsabarnews@yahoo.com or visit our webstie for more information. www.tulsabar.com

Grapevine News

Attorneys and staff in McAfee & Taft’s Tulsa office made this year’s holidays brighter for 90 area children as part of the annual “Christmas for Kids” toy drive. The program is a partnership between the Oklahoma Department of Human Services and the non-profit Tulsa Advocates for the Protection of Children.

According to Maura Browne, coordinator of Christmas for Kids, McAfee & Taft is the second-largest sponsor of children this year.

When McAfee & Taft opened its Tulsa office in 2008, the tradition of making the holidays brighter for children in foster care had already been in place by the attorneys and staff who joined the firm at that time. One of the firm’s original Tulsa attorneys, Gerald Hilsher, said the impact has grown from 25 kids sponsored in 2008 to 90 kids this year.

In addition to the “Christmas for Kids” toy drive, the attorneys and staff in the Tulsa office continued another annual tradition of sponsoring two families this year through Family and Children’s Services in Tulsa.

“I hear time and time again that this is the best thing that we do at Christmas, and not we as a firm, but we as individuals do,” said Hilsher.

“We have a tremendous amount of support from our support staff, secretaries, legal assistants, and lawyers.”

28 Tulsa Lawyer

T C B A m e m b e r Cynthia Pierce, of the Real Estate Services department at Magellan, a Right of Way Agent, serves on the Mothers Group, Inc. Board of Directors. She spent time this holiday season helping Santa, including wrapping books that are distributed to the children who benefit from the program.

Mothers Group, Inc. was established in 1989 to reach out to children and families and to build community, promote education and serve the underserved children in their community.

To learn more or help with Mother's Group, Inc. visit www.themothersgroup.org or https://www.google. com/amp/s/www.tulsaworld.com/goodnews/mothersgroup-wrapping-up-preparations-so-that-santa-canvisit/article_c11053f2-0eff-5e0d-b9f0-2ee82241ee96. amp.html

Conner & Winters, LLP, one of the premier full-service law firms in the South Central Region of the United States, is pleased to announce the Firm’s newly-elected management team. P. Scott Hathaway of Tulsa, Oklahoma, will continue in the role of President, and Jared D. Giddens, from Oklahoma City, will assume the position of Chairman. J. Ryan Sacra, of Tulsa, will serve as the Secretary and Chief Operating Officer, and Robert J. Melgaard, also of Tulsa, will become the Chief Financial Officer. Mark D. Berman, of Tulsa, Melodie Freeman-Burney, of Tulsa, Todd P. Lewis, of Fayetteville, Arkansas, and G. Daniel Miller, of Washington, DC, will also serve on the Executive Committee.

“Over the past 85 years, Conner and Winters has grown from a two-person law firm started in Tulsa, Oklahoma to a firm of 111 lawyers in six offices located in Oklahoma, Arkansas, Texas and the District of Columbia and our current management team embodies the regional nature of the firm,” said Scott Hathaway, firm president. “Our lawyers are our greatest assets and we continue to grow with business-minded attorneys who embrace excellence for the greatest advantage of our clients,” said Jared Giddens, firm chairman.

Hathaway

Giddens

Sacra

Melgaard

Berman

FreemanBurney

Lewis

Gerald Hilsher, a shareholder and veteran trial lawyer with McAfee & Taft, has been named the 2018 recipient of John E. Shipp Award for Ethics by the Oklahoma Bar Association. The award is given annually to an OBA member who has truly exemplified the ethics of the legal profession by either acting in accordance with the highest standards in the face of pressure to do otherwise, or by serving as a role model for ethics to other lawyers.

Hilsher has served on the OBA’s Professional Responsibility Tribunal and has chaired the TCBA’s Professionalism Committee.

Numerous current and former clients and colleagues submitted letters to the OBA in support of Gerald’s nomination.

J.W. wrote that Gerald is a “class act with undisputed integrity” and said that he counted him as a good friend who has helped him turn his life around, despite the fact Gerald was the prosecutor responsible for sending him to prison more than 20 years ago. A colleague recounted numerous instances of Gerald’s everyday ethical, compassionate behavior – from helping out an office security guard with stage 4 cancer with her medical bills, spending quality time mentoring young attorneys, raising funds and delivering toys for the firm’s “Christmas for Kids” gift drive, and making it a point to treat everyone he encounters with equal respect.

“Everywhere Gerald goes, he leaves friends in his wake,” said the colleague. “Powerful people in government, clerks in stores, clients, homeless people, colleagues, and the ‘orphans and widows’ he hosts at his home for holiday meals will all attest that he is exactly the person you want as a representative of the legal profession.”

Send Grapevine news to tulsabarnews@yahoo.com Firm additions, birth & marriage announcements, promotions.

Share your news.

Miller Tulsa Lawyer 29

G r a p e v i n e N e w s c o n t i n u e d ...

GableGotwals is pleased to announce that five associates have been promoted to Shareholder, effective January 1, 2019. “Each of these lawyers has demonstrated hard work, dedication to client service, and an atmosphere of integrity and respect for one another which are core to our values at GableGotwals,” said John Dale, Chairman and CEO of the Firm.

The following talented group of lawyers practice in the Firm’s industry and practice areas, providing clients with excellent client service in litigation, regulatory, and transactional advice.

John M. “Jake” Krattiger offices in our Oklahoma City, OK office. His practice focuses on complex commercial litigation in both state and federal trial and appellate courts, with an emphasis on representing energy industry clients. Jake’s energy industry work involves lease cancellation and royalty underpayment claims; issues relating to environmental, mass and toxic tort liability; and purchase, sale, and other contract disputes. In addition to his representation of energy industry clients, Jake represents commercial real estate, insurance, utility, construction, and governmental entity clients. He received his J.D. at the University of Oklahoma College of Law in 2011 and B.A. in Political Science at the University of Oklahoma in 2008. Jake is extremely active in the community, where he is a member of the Rotary Club of Oklahoma City and on the Board of the Oklahoma City Chapter of the Federal Bar Association.

Lewis T. LeNaire offices in our Oklahoma City, OK office. His practice focuses on representing energy industry clients in complex business litigation in state and federal courts, as well as before administrative agencies such as the Oklahoma Water Resources Board and the Oklahoma Corporation Commission. Lewis’ work for energy companies frequently involves lease and royalty disputes, landowner relations, eminent domain, working interest owner disputes, environmental matters, as well as mass and toxic tort claims. He received his J.D. at the Oklahoma City University School of Law 2011, M.A. in English at the University of Central Oklahoma 2005, and B.A. in English at the University of Central Oklahoma 2001. Lewis is also active in community service, having served as Co-Chair for the United Way of Central Oklahoma’s Emerging Leaders and on the Board of Directors for United Way of Central Oklahoma. He also volunteers annually as a Day Chair 30 Tulsa Lawyer

for the Oklahoma City Arts Festival.

Craig M. Regens offices in our Oklahoma City, OK office. His practice focuses on bankruptcy and business litigation with particular emphasis in commercial energy and environmental disputes. Before joining the Firm, Craig served as a term and a career federal judicial law clerk for the Honorable Sarah A. Hall, Judge of the U.S. Bankruptcy Court for the Western District of Oklahoma. He also served as an Assistant Attorney General in the Litigation Section of the Oklahoma Attorney General’s Office. Craig received his J.D. at the University of Iowa College of Law in 2009, M.Sc. at the London School of Economics in 2003, and B.A. at the University of Oklahoma in 2002.

Craig is on the Advisory Board of the YMCA Youth & Government, a nationwide program that gives youth the opportunity to immerse themselves in experiential civic engagement and practice democracy.

Tina N. Soin offices in our Tulsa, OK office. Her practice focuses on commercial real estate transactions, commercial finance, mergers and acquisitions, and other transactional matters. Tina received her J.D. at the University of Tulsa College of Law in 2011, MBA at the University of Toronto in 1999, and B.Comm. at the University of Toronto in 1993.

Paula M. Williams offices in our Oklahoma City, OK office. Her practice focuses on representing employers in a wide range of labor and employment law, including claims involving wage and hour disputes, family/medical leave, sexual harassment, retaliation, age, race, pregnancy and disability discrimination, and wrongful termination. In addition to litigating, Paula regularly advises employers regarding best employment practices and effective methods to avoid employmentrelated claims. She received her J.D. at the University of Oklahoma College of Law in 2011 and B.A. in Political Science at the University of Oklahoma in 2007. In her spare time, Paula enjoys chasing her three young sons and serving local ministries.

@tulsabar

Haven't you procrastinated long enough?

TCBA CLE VIDEO REPLAYS ARE WHAT YOU NEED See page 11 for a full schedule and register now.

Before it is too late!

Classified Ads Franden, Farris, Quillin, Goodnight & Roberts, a mid-size, Tulsa AV, primarily defense litigation firm seeks lawyer with 5-10 years of experience with emphasis on Litigation. If interested, please send confidential resume, references, and writing sample to kanderson@ tulsalawyer.com DOWNTOWN TULSA Law Office space for rent in historic Reunion Center only minutes from the courthouse. Phones, fax, copier, scanner, internet, receptionist, secretary, paralegal and bookkeeper, all available, plus use of conference room, meeting rooms, kitchen and storage space.

Convenient parking close to building. These offices are updated and beautifully decorated.

Contact (918)599-8600.

MoreLawSuites.com 406 South Boulder & 624 South Denver 918-582-3993 or 918-398-5678 Virtual Offices Starting at $180

CLUGSTON POLYGRAPH & INVESTIGATING SERVICES FBI National Academy graduate, 25 years law enforcement experience.

See our Website at www.clugston-polygraph.com or call (918) 622-7008 for information about our services.

Corporate internal investigations, criminal defense, divorce, child custody, loss prevention….

We can help answer your questions.

" TWITTER, TWEET, RETWEET and the Twitter logo are trademarks of Twitter, Inc. or its affiliates. "

Tulsa Lawyer 31

Tulsa Lawyer Magazine Official Publication of the Tulsa County Bar Association

The Tulsa Lawyer is a full-color monthly publication of the Tulsa County Bar Association and is distributed to its membership of over 2,100 attorneys, Tulsa County Courthouse, the Law Library, the Oklahoma Bar Association and all advertisers.The Tulsa Lawyer accepts advertisements for products or services that have an existing or potential market in the Tulsa Legal Community. Space reservations may be requested, but no guarantee of ad placement can be made. The Tulsa Lawyer reserves the right to reject any advertisement.

File Formats Accepted:

SUBSCRIPTIONS • Subscriptions are available for $40.00 a year for those who are not Tulsa County Bar Association members or advertisers.

CLASSIFIED ADS • Classified ads are accepted at a charge of $35.00 for 40 words and .25 cents for each additional word.

• You can add a small picture or color logo for $10.00.

DEADLINE FOR SUBMISSIONS • The deadline for submitting advertisements is 5:00 PM on the 1st of the month prior to the month of publication.

• Example: Oct.1st for the Nov issue. Ads accepted after this date will be published if space and time allow.

PAYMENTS • Due upon receipt of invoice. Please make check payable to TCBA. • Credit card payments can be made at our website www. tulsabar.com a small convenience fee will be charged.

1. CMYK or grayscale EPS All fonts must be outlined.

2. CMYK or grayscale TIFF 3. PDF 1.4 or lower version (Write a postscript file and use Acrobat Distiller to make PDF file; do not use an export PDF plug-in within program to make PDF. Distiller must be set up for 300 dpi, CMYK output.)

4. Fonts must be embedded.

Advertising Rates - Please visit www.tulsabar.com or email tulsabarnews@yahoo.com.

Submit: Send files to tulsabarnews@yahoo.com PRODUCTION REQUIREMENTS Preferred Material: Digital files are preferred.

Four-color CMYK film is acceptable but file must be built to the correct ad dimensions.

We cannot accept ads in the following formats: Microsoft Word, Publisher, Powerpoint or Corel Draw.

Black only ads can be submitted as camera-ready copy.

32 Tulsa Lawyer

Color ads: All digital files must contain only CMYK data.

No RGB or any other color space accepted.

Files must have a resolution of at least 300 dpi. Files will be output with a line screen of 133.

The following are acceptable formats.

Keep in mind, printer will not be able to make corrections in these formats:

The following format is also acceptable. All fonts and artwork must be provided along with page layout file.

Printer will be able to make minor corrections if necessary: InDesign CS2 or lower (PC or Mac)

Black and White ads:

Files must have a resolution of at least 300dpi.

If you are not familiar with the technical terms above, please feel free to email for clarification – tulsabarnews@yahoo. com If staff assistance is required or requested to prepare any display advertisement there will be an additional “set-up” charge at $40 per hour, with a 1 hour minimum. This includes attempting to rearrange existing layout of an ad submitted.

All advertising must be accompanied by a written request including: • • • • • •

Ad size Number of insertions and dates Position preference ( cannot be guaranteed ) Full name & mailing address for billing Contact full name & address Magazine mailing address

Tulsa County Bar Association 1446 S. Boston Ave. Tulsa, OK 74119

"I raise up my voice not so I can shout, but so that those without a voice can be heard... we cannot succeed when half of us are held back."

PRSRTD STD US POSTAGE PAID Pontiac, Illinois PERMIT# 592

~Malala Yousafzai

Malala Yousafzai is a Pakistani education advocate who, at the age of 17, became the youngest person to win the Nobel Peace Prize after surviving an assassination attempt by the Taliban.