Courts & Judiciary
2
TULSA LAWYER
In this Issue
A Message from
The Hon. Ann E.Keele
March 2019
2018-2019 TCBA President
Golden Rule Award 2nd Quarter
Ed Main Pg.6
4
Swearing In Day - Judicial Celebrations
8
Year of the Super Putter!
9
TCBF Golf Tourney-Sign Up Now!
10 Litigation Section - March 21st with Communications Expert Adam Bush
Bankruptcy - April 26th with Nathan Brown - Former Oklahoma Laureate
11 TCBA Election Nominations-Open March 11th 12 Judicial Profiles:
18 The Role of the Financial Forensics
Expert
Dawn Moody, District Judge Michael Taubman
13 Inns of Court News
By S. Christopher Lopp, CPA/ABV, MBA, MAFF, CFF, CFE
14 TCBA Law Week Luncheon 2019 - Friday, May 3rd! Keynote Speaker - Ziva Branstetter 15 CAP: What you didn't know... Kimberly Moore 16 Liberty Bell Nominations Needed 21 YLD News / Children & the Law News 22 Lynn Miller Law Day Book Club Announced Judge Martha Rupp Carter 24 Law Week - Making Plans Rebekah L. Frisby-Guthrie, Chair 26 In Memory of... 28 Grapevine 31 Continuing Legal Education Criminal Law - Don't miss it! 32 Classifieds
Tulsa Lawyer 1
A Message from the President
The Hon. Ann E. Keele
A Reason to Celebrate Greetings and happy March! March is one of my favorite months for many reasons: my husband, son, sister, and brother-in-law all have March birthdays; we have Spring Break; and the first day of Spring will be here on March 20. There’s also March Madness and St. Patrick’s Day – so much to celebrate. Speaking of celebrating, starting this month our Tulsa County District Court will have a full team of judges for the first time in nearly a year. Not only do the judges who have had double (and triple) duty finally get a respite, but the attorneys and citizens will have more efficiency on the dockets. Let’s welcome the newest members of our Tulsa judiciary: District Judge Dawn Moody District Judge Tracy Priddy District Judge Martha Rupp Carter Special Judge Julie Doss Special Judge David Guten Special Judge Ann Keele
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In case you are still trying to navigate all of the courtroom/docket changes, here is a summary of assignments by floor of the courthouse: 1st Floor Dockets: • Special Judge David Guten has the arraignment, truancy and cost dockets in room 173 • Special Judge April Seibert has the misdemeanor and IDV dockets in room 158 • Special Judge Bill Hiddle has the protective order docket in room 111 • Special Judge Deborrah Ludi Leitch has the small claims docket in room 112 • Special Judge Owen Evans has FD Docket E in room 124 3rd Floor Dockets: • Special Judge Sarah Smith has the criminal drug court docket in room 329 • Special Judge James Keeley has felony preliminary hearings in room 347 • Special Judge J. Anthony Miller has felony preliminary hearings in room 344 • Special Judge Tammy Bruce has FD Docket A in room 379 • Special Judge Ann Keele has FD Docket B in room 349 • Special Judge Millie Otey has FD Docket C in room 378 • Special Judge Stephen Clark has FD Docket D in room 348
4th Floor Dockets: • District Judge Tracy Priddy has CF Docket B in room 413 • District Judge Dawn Moody has CF Docket C in room 401 • District Judge Cliff Smith has CF Docket E in room 408 • District Judge Kelly Greenough has CF Docket F in room 406
I took the bench as a Special Judge on February 4, and am so thankful to have the privilege of being assigned a well-managed docket (well done, Judge Dreiling) and a wonderful, experienced clerk (Shana Grandstaff – you are a jewel). Presiding Judge Musseman listened to the comments and concerns voiced by members of the bar and citizens of Tulsa County and made improvements to better serve all. Be sure to thank him for his leadership and vision to improve our court.
5th Floor Dockets: • District Judge Linda Morrissey has a civil docket in room 513 • District Judge Bill LaFortune has a civil docket in room 508 • District Judge Doug Drummond has a civil docket in room 501 • District Judge Sharon Holmes has CF Docket D in room 506 • Special Judge Terry Bitting has the guardianship docket in room 507
What are you celebrating this month? Be sure to share your moments on the TCBA social media accounts. Enjoy the rest of your month!
6th Floor Dockets: • District Judge Daman Cantrell has a civil docket in room 631 • District Judge Caroline Wall has a civil docket in room 601 • Special Judge Julie Doss has FD Docket F in room 605 7th Floor Dockets: • Presiding District Judge William J. Musseman, Jr. has CF Docket A in room 706 • District Judge Jefferson Sellers has a civil docket in room 713 • District Judge Rebecca Brett Nightingale has a civil docket in room 708 • District Judge Kurt Glassco has the probate docket in room 701 • Special Judge Kirsten Pace has the small civil and civil mental health dockets in room 707 • Juvenile Courthouse • District Judge Martha Rupp Carter • Special Judge Rodney Sparkman • Special Judge Wilma Palmer • Special Judge Theresa Dreiling
Sincerely,
Hon. Ann E. Keele TCBA President, 2018-2019 February 4, 2019. Ann being sworn in as a Special Judge of the Fourteenth Judicial District Court for Tulsa and Pawnee Counties. Her mentor and former law partner, Stan Monroe, presented her robe and Presiding Judge William J. Musseman, Jr. administered the Oaths.
An extended CONGRATULATIONS to all of our new judges who were celebrated by a full house of supporters!
facebook.com/ tulsacountybar
@tulsabar Tulsa Lawyer 5
GOLDEN RULE 1: capitalized G&R : a rule of ethical conduct : do to others as you would have them do to you 2: a guiding principle
Golden Rule Award 2nd Quarter
Edward J. Main By Don Danz
Socrates taught Plato. Plato taught Aristotle. Aristotle taught Alexander III of Macedon, also known as Alexander the Great. And, no doubt, this line of great thinkers and epistemological influencers can be traced to Carbondale, Illinois, and the Southern Illinois University’s philosophy department where Edward J. Main received his masters and doctoral degrees in Philosophy in 1974 and 1982. A humble man, Ed has never taken the title of “Doctor” in person or in his many writings, though he is certainly deserving.
of indecipherable outcomes. But, in contrast, Ed can just as adeptly tackle the most intractable Gordian Knot and provide a solution that would evade the most experienced litigator.
In every instance a young attorney has sought his guidance, Ed has invariably been generous with his time, endlessly patient, and advanced the bar with his counsel and lagniappes of wisdom. A word of caution, should you hear in a slightly higher voice than his usual, a drawn-out, “Well….,” make yourself comfortable, After a decade of contemplating the fundamental you’ve not elicited a brief answer. questions of human existence, Ed returned to Oklahoma Ed Main’s contributions to the bar include his and the University of Tulsa, where he previously 1 received his undergraduate degree in History in 1969, many writings from The Perfect(ed) Appeal universally relied on by experienced and neophyte appellate counsel and obtained his law degree, with honors, in 1986. in Oklahoma, to Who Owns a Nursing Facility?2 cited After a two-year judicial clerkship with the by the Oklahoma Supreme Court, along with two other Oklahoma Court of Civil Appeals, Ed joined his home Oklahoma Bar Journal articles3 and two independently for the last 30 years at what is now Secrest, Hill, Butler authored law review articles4, not to mention this & Secrest. There you will find him surrounded by publication’s January Reflections on Interpreting the his library, as Ed prefers to read cases the way God Law, Applying it to Facts and Rendering Judgment, An intended them to be read… from a book. Should you be fortunate enough to find yourself in his office, besides 1 Vol. 75 Okla. B.J., No. 9, 749-756 (Mar. 13, 2004). Revised, the bound and shelved knowledge which is both his July 25, 2007, for “Appellate Practice: Things You Always Wanted to arsenal and his comforter, you will be greeted by his Know but Were Afraid to Ask,” written materials and oral presentation Aug. 31, 2007, Sponsored by OBA/CLE and OBA Appellate Practice constant companion, a full-size statue of Athena, aptly, Section. the Goddess of Wisdom. Many a time I, and a parade of other attorneys, have sat in Ed’s office, either, having explained to us the application of an elusive concept or simply shortcutting hours of independent research. Few are more capable than Ed of revealing what first appears to be a quite straightforward matter but, in truth, is a complex web 6 Tulsa Lawyer
2 Vol. 75 Okla. B.J., No.2, 111-119 (Jan. 17, 2004); cited in Fanning v. Brown, 2004 OK 7, ¶ 12 n. 7, 85 P.3d 841, 846. 3 Bad Faith After Badillo, Vol. 77 Okla. B.J., No.2, 149-157 (Jan. 14, 2006) and The Current State of Landowner Liability in Oklahoma, Vol. 63 Okla. B.J., No. 36, 2723-2731 (Sep. 30, 1992).
4 Removal, Remand, & Review of ‘Bad Faith’ Workers Compensation Claims, Vol. 13 Thomas M. Cooley L. Rev., No.1, 121-141 (1996) and Bad Faith in the Workers Compensation Context: A Cause in Search of an Action, Vol. 30 Tulsa L.J., No. 3, 507-524 (1995).
But, the smart money is on the reader being, unknowingly, more familiar with the many briefing subjects on which Ed has written the definitive proposition. There is a high probability that your firm’s brief bank contains not an insignificant amount of Ed’s work product. I know this because I still use some of it myself and often see it in the briefing of many codefendants’ Tulsa counsel. Aristotle was once asked what he gained from philosophy, he answered, “To do without being commanded what others do from fear of the laws.” Likewise, Ed Main exemplifies the ethics and integrity we all ideally desire of an attorney representing our bar, not because he is required, but because he knows such to be right and true. He has advanced our understanding of the law and, in doing so, he has made those around him Exercise in Practical Professionalism. A quick search better lawyers and better people. of OSCN.net reveals his briefing in sixty-seven state court appeals in addition to his great many federal court ________ appeals.5 Don W. Danz has been a partner for five years with Holden Litigation in Tulsa and practices mainly in the areas of legal research, 5 This is by no means a comprehensive list of the intellectual contributions of Ed Main. For more, please see his profile at SecrestHill. writing and appellate advocacy. He previously com. worked with Ed Main for over twelve years. Don received an LL.M. in taxation from the University 6 At Christmas time each year, Ed makes the most… rememberable…eggnog from George Washington’s original recipe. (This of Missouri-Kansas City School of Law, his J.D footnote isn’t linked to the article, it’s just bonus for anyone who actually from the University of Tulsa College of Law, reads these.) and a B.A. in philosophy from the University of 7 As conveyed to the Editor by a person who shall remain Illinois, Champaign-Urbana. anonymous… “the Ed Nog recipe is a closely held family secret. All we really know is that it will knock your damn socks off and has 5 different liquors in it.”
Tulsa Lawyer. This is by no means a promise of performance from the Editorial Staff of Tulsa Lawyer that this will work, but we’re calling it a write-in campaign to see if we can get Ed to let us publish this seemingly magnificent and historical concoction before the next December issue rolls around, as a service to all TCBA members of course.
8 If you want to help us try to pry this closely guarded secret out of Ed Main, please mail him a handwritten note to congratulate him on this award, asking for a copy of the recipe to be published in a future issue of
Award Criteria The Golden Rule award is given to lawyers who make outstanding contributions to their profession and have the highest of ideals and are willng to mentor to those with less experience. Criteria for Award:
4. Exhibits the highest standards of fairness and integrity.
5. Sets a model example for conduct with members of the Bar and the Judiciary not only by words but more importantly by deeds.
6. Is civil, courteous and respectful towards the court and his/her opponents.
7 Is loyal to his/her client without trickery and deception and without using abusive practices or misleading the court or opposing counsel.
1. Recognizes the ethical and professional obligations as an officer 8 Avoids the temptation to make his/her client’s case into a personal of the court as well as the spirit and intent of the Rules of Professional vendetta. Conduct. 9 Conducts himself/herself in a manner that improves the image of the 2. Practices ethically and honestly and is true to his/her word. legal profession in the eyes of the public. 3. Strives for the traditional goals of moral excellence.
2019 TCBF Charity Golf Tournament: Year of the Super Putter
Monday May 6th
As we are all certainly aware, the 2019 Charity Golf Tournament will occur on Monday, May 6, 2019 at LaFortune Park Golf Course. This year we are introducing the Super Putter category in an effort to encourage the golf-intimidated to participate in this historically important event. The Super Putter concept is simple enough. If the individual so designated by a foursome holes a putt, the foursome is not charged with that stroke. It’s a free shot. The Foundation wants every TCBA Member to feel welcome and help those in need. “Not a golfer” is no longer a bar to participation. Sincerely, Pat Mensching TCBF 2019, Golf Tournament Chairman
SECTION NEWS:
The Litigation Section Please join the Litigation Section and communications expert Adam Bush on Thursday, March 21 for his presentation about storytelling and messaging for lawyers.
Adam’s consulting group ( h t t p : / / w w w. t h e a m b u s h g r o u p . com/about/) has consulted with organizations, large nonprofits, and even lawyers - toward the goal of messaging their narratives.
The TCBA
Bankruptcy Section will be hosting featured speaker, former Oklahoma Poet Laureate,
Nathan Brown, at its meeting on
April 26th, from noon to 1:30. Learn about Mr. Brown at www.brownlines.com Lunch will be served. All TCBA members are invited to attend but reservations are required. $5.00 for non-section members to cover lunch.
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The section will meet
March 21, 2019 at the TCBA Center, Noon - 1:00.
Lunch will be provided. Section members: please register via forthcoming email. We welcome non-section members to join for this lunch meeting. For more info, please email: thughes@johnson-jones.com
Nathan Brown is an author, songwriter, and award-winning poet living in Wimberley, Texas. He holds a PhD in English and Journalism from the University of Oklahoma where he taught for seventeen years. He served as Poet Laureate for the State of Oklahoma in 2013/14, and now travels fulltime performing readings and concerts, teaching workshops and speaking on creativity, poetry, songwriting, and creative writing. Nathan has published roughly nineteen books. Most recent are An Honest Day’s Confession; Apocalypse Soon: The Mostly Unedited Poems of Ezra E. Lipschitz; and Don’t Try, a collection of co-written poems with Austin Music Hall of Fame songwriter, Jon Dee Graham. Karma Crisis: New and Selected Poems, was a finalist for the Paterson Poetry Prize and the Oklahoma Book Award. His earlier book, Two Tables Over, won the 2009 Oklahoma Book Award. He’s taught memoir, songwriting, performance, and creativity workshops from Tuscany to the Sisters Folk Festival in Oregon, the Taos Poetry Festival, the Woody Guthrie Festival, Laity Lodge, the Everwood Farmstead Foundation in Wisconsin, as well as for Blue Rock Artist Ranch near Austin, Texas. Naomi Shihab Nye said about Nathan’s book, My Salvaged Heart: “Brave new world! The sizzle of couplings and uncouplings – attraction and romance, ineffable magnetism, mysterious as ever – but doused with a savory dose of Nathan Brown humor, a tilted long-ranging eye that sees the next bend in the road even when he’s standing right here, firmly planted.”
Candidate Filing/Nominations Period for the 2019 - 2020 Slate of Officers for the Tulsa County Bar Association The candidate filing /nominations period for the 2019 - 2020 slate of officers and other elected TCBA positions opens March 11, 2019 and runs through March 25, 2019. All candidates/nominees who meet the qualifications for the office sought will be placed on the ballot. The qualifications for each office are detailed in the TCBA ByLaws, which are available on the TCBA website.Candidates/nominations are being sought for the following: Office/Position
Term
President- Elect Vice President Secretary Treasurer
1 Year 1 Year 1 Year 1 Year
Large Firm Director at Large Mid-size Firm Director at Large Solo/Small Firm Director at Large Public Sector Director at Large Library Trustee OBA House of Delegates **
2 Years 2 Years 2 Years 2 Years 2 Years 2 Years
Candidates wishing to seek one of the above offices and those wishing to nominate another must submit their notice of candidacy/nomination to the TCBA by contacting Greg Gordon via email at gregg@tulsabar.com or via phone at (918) 584-5243. The Deadline for candidate filing and nominations is
5:00PM Monday, March 25, 2019
*15 Delegates and 15 Alternate Delegates will be elected.
Tulsa Lawyer 11
Judicial Profiles:
Dawn Moody, District Judge Office 10, 14th Judicial District, Tulsa & Pawnee Counties
By Michael P. Taubman
The Honorable Dawn Moody was sworn into Office 10 of the 14th Judicial District on January 25, 2019. Although born in Riverside, CA and having lived in California, Florida, and New Mexico, Judge Moody moved to Tulsa with her family in 1982, graduating from Cascia Hall Preparatory School. She pursued both her undergraduate and law degrees at the University of Tulsa. After working as an intern in the Tulsa Co. Public Defender’s office, she was hired as an assistant felony trial attorney by the PD’s office after obtaining her license. She continued her career there until 2002 before becoming a private practice criminal defense attorney with her father, Dan Kramer. She was appointed as a Court Referee in January 2007, overseeing parenting plan conferences, Drug Court initial appearances, DUI court reviews and Juror financial hardship hearings. The Honorable Tom Thornbrugh would appoint her as a Special District Judge in 2009, replacing the retiring Special Judge, Robert Perugino. During her career on the bench, Judge Moody has received numerous awards for her work on various dockets, including the Tulsa Courts Transformation Award in 2017, Award for Service to Drug Court in 2017, Award for Outstanding Reduction in Participant Inpatient Hospitalization Days in 2015, Award of Appreciation for Service to Crash Court in 2013, and the Transformation Award for Drug and DUI Court in 2009. She’s continued to serve the citizens of Tulsa as a Special Judge for nearly 10 years, and her experience and commitment to the citizens of the 14th Judicial District make her a natural fit for Office 10, following the retirement of The Honorable Mary Fitzgerald.
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You recently succeeded in your first election. Looking back, is there anything you wish you had known before you entered into the race? How stressful the last day of filing is!! I thought the day was never going to end waiting to see who (if anyone) filed against me! What qualities do you believe contributed most to your success in this race? I had a great team working with me. We were organized, driven and determined. We hit the ground running the first day we were able to start campaigning and we never slowed down until the filing period was over. What is your opinion of the electoral process for our district court judiciary? No system is perfect, but anytime you have an election process and the public gets to be involved in who is placed in office it is a good thing. It is important because it ensures that people have a say in the individuals that are chosen to represent them. You’ve primarily practiced in criminal law for the majority of your career, what other area(s) of the practice of law did you find most interesting? I find all areas of law interesting and challenging. Even though I have practiced primarily in criminal law, I learn something new every day in my position as a District Judge. Another area that I find interesting is adoption law. I think there is a tremendous opportunity to help and protect our most vulnerable citizens.
Who or what inspires you most in your professional life to continue pursuing justice? My Dad Dan Kramer. He is the most honest, genuine, kind-hearted person I know. He treats everyone with respect and as a result he has everyone’s respect. He makes me want to be not just a better person, but a better lawyer and Judge. I know many children, including my own, who’ve had theopportunitytobeintheaudienceatyour DUI Crash Court programs at local high schools. What goals do you hope to accomplish with bringing these kids to the front lines of a DUI prosecution? I hope that the students that participate in Crash Courts understand that there are real life changing consequence s for your actions and that NO ONE is immune or above the law. I also hope that it gets them talking to each other, and/or to their teachers and/ or to their parents to make a plan and keep not just themselves safe but those around them safe as well. Everyone needs down time, how do you relax when you’re not working? I’m not sure how much down time I have with a 16 and 15 year old who are actively involved in sports and other extra-curricular activities, but when I am not at their sporting events or volunteering with my daughter for National Charity League, I enjoy cooking, baking and reading mystery novels.
Council Oak Johnson-Sontag Chapter
American Inns of Court The Council Oak Johnson-Sontag Chapter of the American Inns of Court held its February meeting, “The Paperless Office,” on February 13 at the Summit Club. Attorney John DesBarres led a group discussion regarding the logistics of maintaining a paperless office, including applicable procedural
and ethical rules, helpful software programs, and practice management tools. Members of a pupillage group led by Mr. DesBarres shared their own experiences in transitioning to and operating a paperless law practice, from electronic service of pleadings to the use of virtual office space. The Inn will hold its
next program, “Woodshedding the Witness: Strategies for Witness Prep and Ethical Issues,” on March 26 at the Summit Club. Those interested in learning more about the Inn may contact Jessica Dickerson at Jessica. dickerson@mcafeetaft.com to learn more.
Tulsa Lawyer 13
The Tulsa County Bar Association & Tulsa County Bar Foundation Proudly Present
Law Week Luncheon 2019 Friday - May 3, 2019 Downtown DoubleTree Hotel 616 West Seventh Street Tulsa,OK
Keynote Speaker:
Ziva Branstetter
Formerly a Tulsa World editor and now editor with the Washington Post. Doors open at 11:30 am & Program begins at noon Dress Code: Business $40/person ~ Reserved table for 10 - $500 Paid Reservations Due by April 26 Reservations will not be confirmed until payment is received.
Individual(s) Full Names - ___________________________________________ Phone______________________ Individual Tickets ($40 each) ___________ Reserved Table for 10 - Firm Name ($500) ______________________________ __________________________________________________________________ Please provide names of all guests at table.
Make your reservation online at www.tulsabar.com or call 918-584-5243 This event is expected to sell out. No walk-ins / No exceptions 14 Tulsa Lawyer
The Courthouse Assistance Program What you didn't know & why you need to be a part of it. The Courthouse Assistance Program began in 2010 through the collaboration of Legal Aid Services of Oklahoma, the Tulsa County Courthouse and the Tulsa County Bar Association. In, January 2019, the Court Assistance Program switched over to the Tulsa County Bar Association Pro Bono Committee. The goal of the Court Assistance Program is to provide short-term legal assistance at the courthouse to individuals who have the immediate need for, but cannot afford to hire private counsel. The program currently provides a volunteer attorney two days a week at the Forcible Entry and Detainer (“FED”) or “eviction” docket. This attorney represents tenants who are faced with an eviction by either negotiating with the landlord to resolve the legal issue or having a hearing. Tenants must meet certain income qualifications in order to qualify for this program. The TCBA provides training to the volunteer attorneys on how to defend evictions by familiarizing them with the Oklahoma Landlord Tenant Act (the “Act”) (41 O.S. §§ 101-136) and relevant case law. For this training, the volunteer attorney receives 1 hour of CLE credit. Cassia Carr is an active volunteer and credits CAP for sharpening her negotiation skills. She says the following about the program: Serving on the FED docket through CAP has not only provided an opportunity for me use my profession to benefit my community but has also sharpened my negotiation and client communication skills. During my short career as a civil attorney, I have had limited opportunity to “think on my feet.” Most business litigation is fought through written pleadings allowing weeks to develop strategies and carefully address allegations. Rarely have I walked into a situation without preparation and notice of what I needed to address. However, at the FED docket there is no preparation other than understanding the law. Each time I serve on the FED docket the cases are unique. I never know what is going to happen, but that is the intriguing part of the experience.
I am not able to prepare responses but must genuinely listen to both the tenants’ and landlords’ concerns and help them find a solution. I must stay professional while I listen to people who are upset and help diffuse stressful situations in order to facilitate productive conversations. Both sides always think that they are “right.” Part of my job is to point out the issues with their positions in regards to the Act and explain to them how the judge could rule completely for the other side. I credit my service at the FED docket for my current negotiation skills gleaned during my short time as an attorney. I encourage you to come shadow me and check it out for yourself. Whether you are a new attorney wanting to gain courtroom experience, a business attorney looking for a chance to represent an individual instead of a company, or an attorney who just wants to serve the community in a way that only an attorney can, volunteering at the FED docket is the perfect opportunity for you.” Kimberly K. Moore, a founding attorney and training instructor of the Court Assistance Program, says the following about the program:. In 2010, it was just me for a while performing the intakes, negotiating or conducting bench trials. I continued on bottom of next page... Tulsa Lawyer 15
The Liberty Bell Award -Nominations The Liberty Bell Award was
established more than 35+ years ago to acknowledge outstanding community service. The award is presented to a person who is not a lawyer, but who has demonstrated a dedication to the law through activities that support lawyers and their work in the legal system.
Deadline for nominations is Friday, March 15, 2019 would spend the majority of my time each day at the FED docket representing those individuals who qualified for assistance. Most of the time those individuals turned out to be the tenants but upon rare occasion a landlord would qualify. Once word spread we gained interest from private attorneys, firms, paralegals and law students wanting to volunteer. I began training these attorneys and paralegals in my practice area of landlord tenant law with a focus on how to defend evictions. Beth was one of my first paralegals to volunteer. Now she is the program administrator. At first, Attorneys would shadow Beth and I to observe the process and to watch me because many of the volunteer attorneys were new to this area of law and hadn’t spent much time in a courtroom. Before long they were hooked. It was a way they could assist their community without a huge time commitment. The volunteer attorneys would often contact me thanking me for the experience. I often heard how gratifying it was to assist someone who would have otherwise been evicted and quite possibly homeless. For several years we had an abundance of volunteers from private attorneys and firms but we now find ourselves with a shortage of volunteers. Over the years we have seen a decline 16 Tulsa Lawyer
Nominees may be an individual or a group that has: • Promoted better understanding of the rule of law • Encouraged a greater respect for law and the courts • Stimulated a sense of civic responsibility • Contributed to good government in the community
Please forward all nominations to
Rebekah Guthrie Frisby, Law Week Chair
rebekah@guthrieimmigrationlaw.com
in our volunteers. Attorneys move, retire, have more commitments, etc., so even though they may want to continue to volunteer they have to cut back. This is an outstanding program and to have the opportunity to save someone’s housing well, there is just no way to describe the feeling. You have to be there. So I encourage each and every attorney to watch the training video (coming soon) or participate in a live training and sign up to volunteer. We only ask for a couple of hours once a month on a Tuesday or Thursday. I promise you will be glad you did but if you don’t believe me I encourage you to speak with one of our long standing volunteer attorneys, like Andy Shank with Eller & Detrich or Jim Proszek with Hall Estill. The future of the Court Assistance Program is to expand to provide similar services on other dockets in other counties. For more information, please contact Beth Nellis at bethnellis@cox.net or kimberly.moore@laok.org.
Send Grapevine news to tulsabarnews@yahoo.com Firm additions, birth & marriage announcements, promotions. Share your news.
Tulsa Lawyer 17
The Role of the Financial Forensics Expert
By S. Christopher Lopp, CPA/ABV, MBA, MAFF, CFF, CFE What is Financial Forensics? The term Financial Forensics is a relatively new term used to describe expert witnesses who possess a much broader set of skills and capabilities than have traditionally been associated with Forensic Accounting. Financial Forensics has evolved into a science similar to other evidence-based sciences, such as toxicology or ballistics. This science is based upon quantitative analysis that includes large data sets from corporate records, from transactional databases of companies or assets that have sold, from actuarial tables, from stock and bond market data, and from a variety of other sources. It also includes qualitative data that may be gathered from case law or statutory research or from sources such as depositions, interviews of the owners, managers, and employees of a company, discussions with the family of a victim, internet background research, or traditional private investigative methods. The traditional CPA, whose background involves spend the majority of their career preparing tax returns or performing financial statement audits background is not well suited to perform these services without a great deal of additional training and experience. A wellqualified Financial Forensics expert needs the skills of a private investigator to investigate people, companies, industries, and the flow of money. Understanding the capabilities of a financial forensics expert can provide advantages in helping your clients solve their problems successfully, whether it involves litigation, internal corporate issues, or determining appropriate damages to pay or receive to avoid litigation.
When Do You Need a Financial Forensics Expert? A Financial Forensics expert can assist a lawyer by providing services on many issues which are common and readily come to mind: • • • • • • • •
Business Valuations Marital Dissolution Valuation of Damages in Civil Litigation Personal Injury Cases Wrongful Death Wrongful Termination Cases Fraud Investigations Financial Statement Analysis In addition, there are also a number of other areas where Financial Forensics experts can assist that may not be as obvious. Here are just of few examples: • Shareholder or Partnership Litigation – Outside the traditional values needed to compensate a departing partner, there are often accusations of fraud, misappropriation of funds, loss of corporate opportunities and a host of other issues that lawyers frequently encounter, but don’t involve the financial expert early enough. • Alter Ego Analysis – This analysis involves analyzing the (likely near bankrupt) company that may have breached the contract or committed the tort for undercapitalization (while being subsidized by an entity under common control), transfers between related entities, commingling of assets, operations, or personnel, following corporate formalities,
documentation of intercompany loan agreements How do you Select the Right Financial and/or analysis of deals. Forensics Expert? • Fraud Prevention – Certified Fraud Examiners are trained to go into company and assess the risk of fraud, looking throughout the company processes, from payroll to accounts payable and receivable, procurement, sales, company credit cards, cash management procedures and other areas as applicable to the business, also working with management to recognize the red flags of fraud early.
The process of selecting the right Financial Forensics Expert can be difficult. There is an alphabet soup of certifications to evaluate along with the education, CV and background bio of the expert as well as personality factors, litigation experience, quantitative and qualitative skills and other factors to consider. Here are a few areas to consider and inquire when hiring a Financial Forensics Expert for a particular case:
• Class Action Certification / Claims analysis – • Is there industry specific knowledge needed in These cases often involve the analysis of large data this case? For example, if you are litigating an sets to determine empirically whether the potential oil and gas case, it’s helpful to have an expert who claims of the plaintiffs are similar to warrant class has experience with the upstream, midstream, or certification. downstream segment that is the subject of the case and who will understand the vocabulary of the • Ability to Pay Punitive Damages – The financial industry. expert analyzes the defendant’s financial records to form an opinion of how much the defendant has • Do they need to be a State Licensed Private the ability to pay based upon the criteria of the Investigator to perform the tasks that you jurisdiction. require in your case? Read 59 O.S. §§ 1750.2 and • Valuation of Stock Options / Restricted Stock in Private Companies – These calculations are often associated with marital dissolution cases and is a specialized area with complex calculations that require a great deal of backup data from proprietary databases, especially when start-up companies are involved.
15.1.A. The exclusion for accountants only applies to performing the actual accounting services that would be regulated by the Oklahoma Accountancy Board (“OAB”). The American Institute of Certified Public Accountants and the Association of Certified Fraud Examiners both have issued guidance on a state by state basis where they conclude that CPAs who perform fraud investigations in Oklahoma are not performing tasks regulated by the OAB and thus, are performing tasks that fall under the requirement to be licensed as private investigators. Many of the other tasks that have been discussed in this article likely fall into the same category.
• Intellectual Property Valuation – These opinions are intended to be used for purchase price allocation for financial accounting purposes, but also can be a measure of value or damages in marital dissolution, shareholder disputes, or many forms of civil litigation. • If your case involves a large data set, can they handle it? Here is a hint: Microsoft Excel is the go• Bankruptcy – These engagements are designed to program for most typical accountants, but only to work with management to develop opinions allows 1,048,576 rows of data, so if you ask them regarding the feasibility of reorganization how they’d analyze your data with 10 million rows plans, solvency issues, identifying fraudulent (which isn’t that large in some complex litigation transfers, administration of and accounting for the scenarios), they should be talking about one of the reorganization plan or liquidation alternative platforms other than Excel.
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• Did they show up for your first meeting about a • How do they expect to get paid? An expert case having already read the pleadings and have should NEVER be willing to take a case that has they pulled the OUJIs applicable to your claims, even a remote possibility of ending up in court on a for instance, to understand the elements that will contingent basis, with retroactively higher rates for be presented to the jury or for which the judge a favorable outcome, or with similar results-based will have to make findings of fact in a bench compensation. trial? The financial expert should understand the legal elements that will be the subject of your case Today’s Financial Forensics Expert is a and how their analysis can assist in analyzing and combination of a traditional financial expert, data explaining the relevant facts. analytics expert, and private investigator. The expert has capabilities to assist in a wide range of cases • Do they know the controlling precedent cases or and situations that extend well beyond those of the statutory law that will be applicable to your case? traditional financial expert, and these capabilities An expert needs to be careful about making legal will continue to expand in the future! conclusions, but certainly should feel comfortable looking at case law and using business judgment to articulate how the facts of your case are analogous S. Christopher Lopp or distinguishable from the precedent cases. is the founder of Financial • Do they have a basis understanding of civil procedure? Do they understand the requirements for an expert report in Federal Court? Do they understand that federal rules of procedure still apply even if the federal court is applying state law? Working with an expert who understands these issues can prevent a number of problems. • How do they present themselves? Can they communicate effectively and simplify the information? If you can’t understand what they are talking about, it’s likely the jury or judge won’t be able to understand it either. Can they identify the key facts and ask the right questions?
Forensics & Investigations Group in Tulsa, OK. He is a Certified Public Accountant with an accreditation in Business Valuation and is Certified in Financial Forensics from the AICPA, a Certified Fraud Examiner from the ACFE, a Master Analyst in Financial Forensics with an emphasis in commercial damages and lost profits from NACVA, and is a State of Oklahoma Licensed Private Investigator. He holds an undergraduate and Master’s Degree from The University of Tulsa, where he is also currently a part-time Juris Doctor candidate.
Please share your writing skills and knowlegdge with Tulsa Lawyer Magazine and the TCBA community. Email us to find out how! mptaubman@taubmanlawoffice.com tulsabarnews@yahoo.com
The Young Lawyers Division invites you to the
Children and the Law Be on the lookout for a fun spring happy hour event benefitting a local nonprofit! Details to come.
6th Annual Thursday, April 25th 5:30 p.m. at the TCBA!
Any ideas for the next activity the Children and the Law Committee should get involved with, please contact Natalie Sears at nsears@cordelllaw.com.
~ Tickets are $25/person, or $225/table. ~ Admission includes dinner and two (2) drink tickets.
~ Table prices include sponsorship and two (2) free trivia answers. ~ To purchase tables or individual tickets, please contact Natalie Sears at nsears@cordelllaw.com.
Tulsa Lawyer 21
TCBF Law Day Committee
Lynn Miller Law Day Book Club The Tulsa County Bar Foundation Law Day Committee’s Lynn Miller Law Day Book Club has been named in honor of Tulsa attorney, avid reader, and lover of literature, Lynn Miller. Lynn was lost to us and her family too soon with her passing in 2018. She will be celebrated through the knowledge, ideas, and questions gained from pages we read and discussions we share about books. The 2019 discussion leaders and their selected books follow. Registration is required for any one, two, three, or all sessions you choose by emailing martha.carter@oscn.net. The discussion sessions are limited to fifteen participants. Tulsa County Bar Association members may register up to one guest in addition to themselves. There is no cost for registration. March 25, 2019 Just Mercy, by Bryan Stevenson. Discussion led by Lyn Entzeroth, 5:30 p.m., Dean’s Conference Room at the University of Tulsa College of Law. April 25, 2019 Killers of the Flower Moon, by David Grann. Discussion led by Mike McBride, 6:00 p.m. at Magic City Books, 221 East Archer, Tulsa, Oklahoma. May 14, 2019 How Democracies Die, by Steven Levitsky and Daniel Ziblatt Discussion led by Dan Boudreau, 6:00 p.m. at Tulsa County Bar Association, 15th and Boston. June 18, 2019 My Dear Hamilton, by Stephanie Dray and Laura Kamoie Discussion led by Martha Rupp Carter, 6:00 p.m. at destination to be announced. _________________ Dean Entzeroth teaches courses on capital punishment, constitutional law, criminal procedure and other related courses. Her primary research is in the field of capital punishment and federal habeas corpus litigation. Among her works is the co-authored casebook, Capital Punishment and the Judicial Process (4th ed.). Her recent research and scholarship examines the process of enacting or abolishing capital punishment laws at the state legislative level, the intersection of these democratic changes 22 Tulsa Lawyer
in the law, and the constitutional evolution of the scope and meaning of the Eighth Amendment’s prohibition on cruel and unusual punishment. Entzeroth joined the College of Law faculty in 2002. Previously, she practiced law in Washington, D.C. and Oklahoma. She also clerked for the Oklahoma Court of Criminal Appeals and the U.S. District Court for the Western District of Oklahoma. She served as Associate Dean of Academic Affairs from July 2012 to June 2015 and previously served as Associate Dean for Faculty Development. Lyn Entzeroth was appointed Dean and Dean John Rogers Endowed Chair on July 1, 2015. Mike McBride chairs Crowe & Dunlevy’s Indian Law & Gaming practice group out of the Tulsa office. He is Executive Vice President (Presidentelect) for the International Masters of Gaming Law and has served in the organization for 14 years. Mike serves and has served a number of tribes as attorney general, general counsel and represents companies doing business with tribes. He has practiced federal Indian law for a quarter century. He is a former general counsel to the Osage Nation. He served as a justice and special district judge for the Supreme Courts of the Pawnee and Kaw Nations variously for 17 years. Mike chaired the Federal Bar Association’s and the Oklahoma Bar Association’s Indian Law Section. Chambers and Partners named McBride a “Star Individual”, its highest honor several years in a row. Mike is a fourth generation Oklahoman and grew up in and around the Osage Nation including Bartlesville and Fairfax. The book is personal to him. Dan Boudreau retired as a Justice of the Oklahoma Supreme Court in 2004. He joined Dispute Resolution Consultants in 2005 to provide mediation and arbitration services, continuing to the present. Dan’s judicial service spanned twenty-five years on trial and appellate benches. His eleven years as a general jurisdiction trial judge entailed handling of primarily civil dockets and a variety of complex civil trials. Judge Boudreau then served for eight years as a judge on the Oklahoma Court of Civil Appeals until his appointment to the Oklahoma Supreme Court in 1999. While a Justice, Judge Boudreau also served on the Appellate Division of the Oklahoma Court of the Judiciary, a separate constitutional court designed to address issues of judicial misconduct. Judge Boudreau began teaching at
the University of Tulsa School of Law in 1999, teaching Alternative Dispute Resolution and Civil Procedures. His professional affiliations include the National Academy of Distinguished Neutrals and the Oklahoma Supreme Court Standing Committee to Monitor, Update and Revise the Oklahoma Civil Jury Instructions. In addition to on-going service at legal seminars to instruct lawyers and his efforts in publication of legal source materials, Judge Boudreau is both a reader and a soccer aficionado. His continuing love of and involvement in soccer is of even longer duration than his distinguished service as attorney and judge. Martha Rupp Carter has served the 14th Judicial District as a judge since 2011 and was elected in 2018 as District Judge. She presently serves as the Chief Judge of the Court’s Juvenile Division and handles deprived and delinquent dockets. She has worked in both private and public practice during her career. As a local government attorney, she became the City of Tulsa’s City Attorney, serving as Tulsa’s chief legal advisor to its elected and appointed officers and the City’s boards, trusts and authorities. Just prior to her judicial appointment, Judge Carter served the Tulsa Health Department and Board of Health as general counsel. She chaired the Tulsa County Bar Foundation’s Law Day Committee in 2018 and began the Law Day Book Club, now known as the Lynn Miller Law Day Book Club, and is a past president of the Tulsa County Bar Association. Submitted by Judge Martha Rupp Carter
ASK-A-LAWYER: Sign up now so you don't miss out! As you know, every year for the past 42 years Oklahomans with legal questions have called in via local and toll-free numbers to speak to attorneys at no charge. The 2019 Ask A Lawyer event will take place May 2nd, 2019 from 9AM to 9PM at the OETA downtown Studio on North Greenwood. This annual event is a unique opportunity to provide a valuable community service while promoting a positive public image of attorneys and the OBA. Tulsa Attorneys have a proud tradition of helping out in record numbers for this annual event. To sign up now for a 2 hour shift contact: DAN CRAWFORD at liondc@gmail.com or 918-240-7331
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Law Week - Make Your Plans Now to Get Involved Rebekah L. Frisby-Guthrie, Chair Now more than ever, we the people must act to secure the endurance of our constitutional democracy and preservation of these liberties that we hold dear. We cannot take these freedoms for granted and it is essential for all of us to maintain them. With Law Day, we proudly celebrate our system of democracy and rule of law. This year’s theme is “Free Speech, Free Press and Free Society.” One of the founding principles of the United States that Americans cherish is the right to freedom of speech, press and society. Enshrined in the First Amendment to the Constitution, these freedoms are an indispensable tool of selfgovernance in a democratic society. There is a direct link between freedom of speech and vibrant democracy. It enables people to obtain information from a diversity of sources, make decisions, and communicate those decisions to the government. Beyond the political purpose of free speech, the First Amendment provides American people with a "marketplace of ideas." Rather than having the government establish and dictate the truth, freedom of speech enables the truth to emerge from diverse opinions. Concurring in Whitney v. California (1927), Justice Louis Brandeis wrote that "freedom to think as you will and to speak as you think are means indispensable to the discovery and spread of political truth." On an individual level, speech is a means of participation, the vehicle through which individuals debate the issues of the day, cast their votes, and actively join in the processes of decision-making that shape the polity. Free speech serves the individual’s right to join the political fray, to stand up and be counted, to be an active player in the democracy, not a passive spectator. Freedom of the press protects the right to obtain and publish information or opinions without government censorship or fear of punishment. Censorship occurs when the government examines publications and productions and prohibits the use of material it finds offensive. The Tulsa County Bar Foundation’s Law Day Committee works very hard every year to plan and ensure that our activities celebrate this momentous day. We have many activities planned and need your help. For the Ask-ALawyer program on May 2, volunteers are needed to answer legal questions in 2-hour shifts. Dan Crawford has been a volunteer and facilitator of this program for nearly 30 years. Volunteers will be given basic information for answering most frequently asked questions. Attend the Naturalization 24 Tulsa Lawyer 24 Tulsa Lawyer
Ceremony on April 11 at Booker T. Washington High School, coordinated by Whitney Bowman Webb. If you have never been to a naturalization ceremony or witnessed new citizens sworn in, you will not want to miss this. In conjunction with this, we are hosting a Naturalization Clinic to assist permanent residents who are hoping to naturalize. Rodney Buck, a 26-year Law Day volunteer, leads efforts on the Law Day Art and Writing Contest for students. Encourage your child to enter and your child’s teacher to facilitate participation by his or her students to enter the contest on or before the deadline of April 12. Volunteer to speak in a school about Law Day. We can provide a lesson plan. Put your acting skills to the test with our Gold E. Locks and the Three Bears mock trial for elementary school students. There are so many opportunities and events to celebrate Law Day and the freedoms that we enjoy. Please join us and make this year’s events bigger and better!
2019 Law Day Committee Joseph V. Allen Rodney L. Buck Mary Bundren Judge Damon Cantrell Judge Martha Rupp Carter Daniel L. Crawford Paul Davis Rebekah L. Frisby-Guthrie, Chair Kara E. Pratt Robert Redemann David Tracy Whitney Bowman Webb
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StudentPoster/Poetry/Writing/Art Contest and Coloring Contest -
Deadline for entries is Friday, April 12, 2019 For rules and entry information please visit the Tulsa County Bar Association’s website at tulsabar.com. Members should encourage their friends in education and their children’s educators to promote participation in this student contest. With a rich history of student involvement it is a great opportunity to promote civics with our future generations. Contact Rodney Buck for more information.
Naturalization Ceremony -
Thursday., April 11, 2019 Booker T. Washington High School The Naturalization Clinic will be held at a location to be determined and date to be determined to assist permanent residents who wish to become citizens with the naturalization process and forms.
OBA Ask-A-Lawyer Program-
Thursday, May 2, 2019 (various volunteer times available) 1-800-456-8525 / askalawyer@okbar.org Annual Tulsa Location - The new OETA Studios. Downtown OSU-Tulsa Campus 532 N. Greenwood, Tulsa Contact Dan Crawford to VOLUNTEER! 918-240-7331 liondc@gmail.com 2 hour shifts available.
Law Day Luncheon Banquet -
May 3, 2019 - Friday Downtown Doubletree Hotel - RSVP by April 26th Keynote Speaker: Ziva Branstetter. Formerly a Tulsa World editor and now an editor with the Washington Post.
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John Patrick “Pat” Cremin John Patrick “Pat” Cremin, beloved husband, father, grandfather, brother, cousin and uncle to a large extended family, prominent Tulsa attorney and good friend to many, passed away in his sleep the night of Wednesday, February 6, 2019. Pat was Tulsa born November 18, 1944 to his parents, the late James and Margaret Grace Cremin, with four brothers and two sisters. He attended Immaculate Conception Grade School and then Holy Family High School. In his junior year, Holy Family merged with Marquette to become Bishop Kelley High School from which Pat graduated in 1962. He majored in journalism at the University of Tulsa, BA, 1966, working his way through school, serving his senior year as editor of the school’s weekly newspaper. After college he had a stint as the editor of Tulsa Magazine, worked in public relations at the Tulsa Chamber of Commerce and worked for both Tulsa’s Model Cities Program and the Tulsa Economic Opportunity Task Force, in the federal Office of Economic Opportunity which administered President Johnson’s “war on poverty”… something that more suited Pat’s idealistic inclinations. Feeling ineffective there, he went on to law school at the University of Tulsa, where he earned his Juris Doctor degree in 1973. After his admission to the bar in 1974, Pat immediately joined the firm of Hall, Estill, Hardwick, Gable, Golden and Nelson, P.C., one of the oldest law firms in Oklahoma and the largest based in Tulsa. Pat loved Tulsa. He had a sense of charity, a sense of obligation to his beloved community. He was appointed twice to two-year terms on the City of Tulsa Human Rights Commission (HRC), under different mayors each time, 26 Tulsa Lawyer
and served as Chair of that Commission in 1980-81. He also served as the Representative of Greater Tulsa Council (GTC) District 11 from 1975 to 1978, and was Chair of the GTC in 1978, and was on the City-County Jail Advisory Commission during its entire existence, with two terms as Chair of that Commission; on the City of Tulsa, Public Facilities Authority (“TPFA”) for over 25 years, chairing that organization for a number of years up until the present time. He helped found and was also Chair for a time of the Oklahoma Jazz Hall of Fame and served as a forum member of the Board of the Tulsa Urban League. Pat wanted to die with his boots on. He loved his work. And it showed. He was eminently successful at it. As a trial lawyer, he specialized in employment litigation, defending employers and supervisors in more than 30 jurisdictions. His win rate was astounding. He was inducted into the American College of Trial Lawyers in 2002, a highly selective and exclusive professional honor meant to recognize those whose careers have been marked by the highest ethical standards. He was the only labor attorney for the defense ever to be so recognized. In addition to his inclusion in every edition of Best Lawyers in America, Pat was selected as Best Lawyers in America’s 2014 Lawyer of the Year Employment Law-Individuals; Best Lawyer in America in multiple categories, including Bet-the-Company Litigation and Employment Law; and as an Oklahoma Super Lawyer in Employment Litigation. This is the short list of his honors. He was admitted to courts up to and including the Supreme Court. Pat loved people. He loved making people laugh, he loved being the center of attention. He was irreverent, and wise-cracking, even in the courtroom, saying things that were sometimes merely shocking, but a lot of
times shocking, yes, and true. But always with the intent to be funny. And people remembered him because of that, even if they only met him once; the guy who was always trying to bring a smile to their lips. He loved people being around him. At Hall Estill, he was very much the heart and soul of the firm. His office became a meeting place after the day’s work was done, becoming known as “Club Crembo”. There were the regular attendees, there were the occasional drop-ins. Folks gathered, talking shop at times, but mostly letting their hair down, having a beverage, poking fun at each other and becoming friends. Pat was the straw that stirred it all. Through this full life, Pat suffered more than his fair share of tragedy. He was predeceased by both his son Brian and daughter Catherine. Older siblings Kate and Mickey left him before their time as well. He is survived by his wife of over 50 years Margie, his brothers James “Baldy” Cremin, Christopher John Cremin and Kevin O’Day Cremin, his sister Margaret “Peggy” Cremin, and his seven grandchildren: Asia Brianna, Atticus Patrick, Solomon Brian, Gideon Jessie, Malachi Elijah and David Elliot, (his daughter’s brood); and his son’s daughter Tristyn. He had countless cousins, nephews and nieces: Klasens, Byards, O’Donnells and Cremins. He had countless friends. Jim and Judy Jarvis his next door neighbors were integral to Pat’s life. But there are too many friends to name. All will feel his loss deeply. He is mourned and missed at Hall Estill, but by none more so than the two coworkers who were with him the longest: Debbie McClendon, his paralegal for 41 years, and his longtime law partner and golfing mate Kevin Hayes. But, professionally or socially, there are a legion of people who will tell you, “He was my best friend.” Pat, with joy, joins his son and daughter, his parents, his two siblings, his cousin Dick Byard and so many others close to him who preceded him in leaving this world. He goes to a place none of us know, but where, undoubtedly, he’ll start a Club Crembo, on the top floor, for all of us to join at our choosing. Those who wish to honor Pat can send contributions in his name to Holy Family School and/or the University of Tulsa.
Grapevine News Doerner, Saunders, Daniel & Anderson, LLP is pleased to announce that 20 of the firm’s attorneys have been selected by their peers for inclusion in the 25th edition of The Best Lawyers in America©. Best Lawyers® lists are compiled based on an exhaustive peer review evaluation. For the 2019 edition of The Best Lawyers in America, 7.8 million votes were analyzed, which resulted in almost 60,000 leading lawyers being included in the new edition. Lawyers are not required or allowed to pay a fee to be listed; therefore, inclusion in Best Lawyers is considered a singular honor. Attorneys re-selected for the annual list include: • William C. Anderson: Bet-the-Company Litigation, Commercial Litigation • Sam G. Bratton II: Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, Litigation Bankruptcy • Jon E. Brightmire: Appellate Practice, Commercial Litigation, Litigation – ERISA, Litigation - Labor and Employment • Kristen L. Brightmire: Employee Benefits (ERISA) Law, Employment Law – Management, Litigation - Labor and Employment • N. Lance Bryan: Employment Law – Management, Litigation - Construction • Lewis N. Carter: Commercial Litigation • Lawrence T. Chambers, Jr.: Corporate Law • H. Wayne Cooper: Corporate Law • Kevin C. Coutant: Land Use and Zoning Law, Real Estate Law • Samuel P. Daniel, Jr.: Commercial Litigation, Family Law • S. Douglas Dodd: First Amendment Law, Litigation - First Amendment • Tom Q. Ferguson: Commercial Litigation • D. Benham Kirk: Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, Real Estate Law • Michael S. Linscott: Commercial Litigation Law • Linda Crook Martin: Environmental Law, Litigation - Environmental • David McCullough: First Amendment Law, Gaming Law, Native American Law • Michael Minnis: First Amendment Law, Litigation - First Amendment • William F. Riggs: Corporate Law • Linda G. Scoggins: Commercial Litigation, Health Care Law • Varley H. Taylor, Jr.: Tax Law 28 Tulsa Lawyer
Crowe & Dunlevy recently announced the addition of Clifford Hudson as of counsel in the firm’s Oklahoma City office where he serves as a member of the Corporate & Securities Practice Group. Hudson’s nearly four decades of legal and business experience, most immediately serving as chairman of the board and CEO of Sonic Corp., provides firm clients with an array of business advisory counsel involving corporate governance, board consulting, business transactions and franchising operations, among other corporate matters. Hudson also served as chairman of the board of directors of the Securities Investor Protection Corporation. He is a former trustee of the Ford Foundation in New York and is a past chairman of the board of trustees of the National Trust for Historic Preservation. Hudson is a graduate of the Georgetown University Law Center where he served as an editor of the International Law Journal, a publication of the Association of Student International Law Societies, and was a member of the legal honor society Phi Delta Phi. He has been awarded with the Georgetown Alumni Association’s highest honor—the John Carroll Award. He received his bachelor’s degree from the University of Oklahoma and has been the recipient of many honors from the University, including the University’s Regents Award and an honorary doctoral degree in humane letters. William Andrew “Drew” Edmondson has rejoined the Oklahoma-based law firm Riggs Abney. He will serve as an Of Counsel attorney in the firm’s litigation practice, providing strategic counsel on matters ranging from litigation to administrative law and government relations. A public service advocate, Edmondson began private practice law after serving as Attorney General for sixteen years. During his tenure, he helped negotiate a record-breaking settlement with the tobacco industry and led the effort to establish the Oklahoma Tobacco Settlement Endowment Trust (TSET). Additionally, he negotiated an agreement to establish the Oklahoma Educational Technology Trust, which has funded more than $12 million in technology and training in Oklahoma public schools. “I’m proud to have represented our great state in several capacities, and I will always fight for what’s right for our children, our families and our government,” said Edmondson. “I would not be where I am today without the support of my fellow Oklahomans, and I’m thankful to be welcomed back to Riggs Abney.”
Many have celebrated Edmondson for his commitment to the law. He received the Kelly-Wyman Award as the outstanding attorney general in the country and was recognized as an Outstanding District Attorney for the State of Oklahoma after serving in Muskogee. Northeastern State University presented Edmondson with the 100 Centurion Award, honoring individuals that have positively impacted the community over the last 100 years. Edmondson holds a Juris Doctor from The University of Tulsa College of Law. He is located in the firm’s Oklahoma City office. Kimberly Lambert Love, Partner with Titus Hillis Reynolds Love, recently moderated a panel discussion of: “Hot Topics in Ethics” sponsored by the Tulsa chapter of the Oklahoma Business Ethics Consortium. The panel members included Cathy Wiedenhoeft, Manager of Ethics and Regulatory Compliance for The Williams Companies, Grant Jackson, Chief Compliance Officer and Managing Attorney for ONE Gas, Inc., and Dr. Melissa Brevetti, Director of Clinical Partnerships for Langston University. The presentation covered ethics and compliance topics such as gifts and entertainment, common missteps, and best practices. Ms. Love is frequently asked to conduct workplace investigations into allegations of harassment, discrimination, retaliation, and ethical misconduct and assists employers in conducting cultural surveys to determine if there are underlying cultural issues that need to be addressed by the company.
Barber and Bartz, P.C. is pleased to announce the merger of R&R Strategies, PLLC into its firm effective March 1, 2019. Kara Greuel will become a Shareholder and Stephanie Mitchell will be joining the firm Of Counsel. “Barber and Bartz is excited to have Kara and Stephanie join our firm. They have impressive credentials and extensive experience in estate and trust planning, administration and litigation, business transactions, and mergers and acquisitions, which will be highly synergistic with our current practice,” said Ron Barber, founding shareholder and director of the Firm. For over 35 years, Barber and Bartz has served clients throughout Oklahoma and Arkansas, offering practical solutions for planning and protection of businesses and estates. GableGotwals is pleased to announce the 2019 Officers and Directors, including the Firm’s first female President. The President is responsible for the Firm’s day-to-day administration and business operations, which also includes overseeing Associate Development and Recruiting, Business Development, Diversity and Inclusion, and Technology and Resources. “As the firm begins celebrating its 75th year, it brings me great pleasure to announce that Amy Stipe has been named Director and President of GableGotwals. The Firm is committed to providing a positive
and supportive culture while attracting and retaining talented lawyers who are dedicated to excellent client service,” said John Dale, Chairman and CEO. The 2019 Officers and Directors include: • • • • • • • •
John D. Dale, Director, Chairman and CEO Amy M. Stipe, Director and President Amy A. Fogleman – Director and VP of Talent and Development John D. Russell – Director and Secretary Jeff D. Hassell – Director and VP of Marketing and Business Development Terry D. Ragsdale – Director and VP of Finance Rob F. Robertson – Director and VP of Growth Dale E. Cottingham – Director
For the ninth year, Crowe & Dunlevy’s Tulsa office partnered with Court Appointed Special Advocates (CASA) to provide holiday goodies for families and individuals in need. Crowe & Dunlevy employees purchased food and holiday treats and volunteered their time filling baskets and stockings for children and teens who find themselves as part of the legal system due to abuse or neglect, as well as families caring for these children. “This was the biggest year yet by our Tulsa office in every way — more baskets, more stockings, more dollars donated and more people participating,” said Timila S. Rother, Crowe & Dunlevy president and CEO. “Each year our Tulsa office makes a difference in the lives of children served by Tulsa CASA; a cause that is near to our hearts. Because of the generosity and dedication of our employees and other CASA volunteers, some of our Tulsa neighbors were able to enjoy a brighter holiday season.” After its annual holiday party was canceled due to a winter storm, CASA volunteers mobilized like an army, delivering baskets to families in need. At least 40 families residing in the 14th Judicial District of Oklahoma benefited from the donations, as well as 24 teens who have a case pending on the deprived docket of the Tulsa County Juvenile Court. In addition to financial contributions, firm employees donated chocolates and decorated and assembled the baskets and stockings before they were distributed throughout the Tulsa community.
G r a p e v i n e N e w s c o n t i n u e d ... The Oklahoma Bar Association (OBA) recently announced its list of 2019 OBA section leaders. Shawn M. Dellegar was selected as president of OBA’s Intellectual Property section, Jennifer N. Lamirand serves as chairperson-elect of its Indian Law section, Melanie Wilson Rughani serves as secretary of the Appellate Practice section and Erin Potter Sullenger was selected as chairperson-elect of the Environmental Law section. Additionally, firm attorney Allen L. Hutson begins his second term on the Oklahoma Bar Foundation’s 2019 board of trustees. Combining more than a decade of experience handling intellectual property matters, Dellegar is an attorney in the firm’s Tulsa office serving in the Entertainment and Intellectual Property Practice Groups. He counsels clients in a variety of technical fields including energy field and oil well service equipment, life sciences and chemical, industrial devices and processes and food and agricultural sciences. He is a graduate of the University of Tulsa College of Law where he was vice president and a founding member of the Information Technology Society and received his bachelor’s degree in management information systems and chemistry from the University of Tulsa. An attorney in Oklahoma City, Lamirand is a member of the firm’s Indian Law & Gaming, Insurance, Litigation & Trial and Securities Litigation, Enforcement & Compliance Practice Groups. She regularly advises and represents tribal nations, representatives of tribal nations and tribal entities. Lamirand received her Juris Doctor from the University of Notre Dame Law School, master’s in law from the London School of Economics and Political Science and her bachelor’s degree from Oklahoma State University. Rughani, in the firm’s Oklahoma City office, is a cochair of both the Appellate and Initiative Petitions Practice Groups. She is one of only a handful of attorneys in the state who has substantial experience with initiative and referendum petitions, having represented both proponents and challengers at all stages of the complex petition process. Rughani received her Juris Doctor from the University of Virginia School of Law and her bachelor’s in political science and international studies from the University of Kansas. A member of the Energy, Environment & Natural Resources, Administrative & Regulatory, Litigation & Trial and Indian Law & Gaming Practice Groups, Sullenger also is leader of the firm’s AgriBusiness team and practices from the Oklahoma City office. She focuses on representing clients in litigation matters where a regulatory or environmental matter is involved. Sullenger is a graduate of the University of Tulsa College of Law, and received her master’s in environmental science and her bachelor’s in environmental science and environmental thought and practice, both from the University of Virginia. Hutson, a member of the firm’s Labor & Employment and Litigation & Trial Practice Groups in Oklahoma City, advises clients on employment matters, including discrimination 30 Tulsa Lawyer
claims, protection of trade secrets, confidentiality and nondisclosure agreements and harassment claims. He is a graduate of the Oklahoma City University School of Law and received his bachelor’s degree in agribusiness from Oklahoma State University. Since 1904, the OBA has served lawyers and the public by offering a wide variety of community service programs designed to help the people of Oklahoma.
The University of Tulsa College of Law Public Interest Board presents Multicultural Expo,
March 7th, 2019, 6:00 pm - 9:00 pm The University of Tulsa College of Law Public Interest Board presents a Multicultural Expo at The Pearl District Building, 1209 East 3rd Street, Tulsa, OK 74120. Individual tickets are $7.00 in advance, $10.00 at the door. A table of ten can be sponsored for $100.00. 100% of the proceeds will go towards funding the PIB Summer Stipend Program that provides stipends to students in unpaid public interest positions. You can email Pierre Robertson at probertson131@yahoo.com for tickets or more information.
wyer a L a Tuls ates R g n rtisi e v re d a A s e n ideli u G & le at b a l i ava r.com a b a tuls www.
Criminal Law CLE Topics & Speakers to include:
March 28th 9am-4:30pm
• Forfeiture Law with James D. Dunn, Tulsa Co. Assistant District Attorney • Criminal Justice Reform Issues with Stuart Southerland, First Assistant Public Defender and Glen Blake, Public Defender with the Tulsa Co. Public Defenders office • Expungements with Beverly A. Atteberry, Attorney at Law • Jury Selection with Ben Fu, Swab & Stall • Criminal Law & Immigration Impact – A primer with Marvin Lizama, Attorney at Law • And More!
7.0 Credit Hours
Free for Members / $225 non-members Seating is limited so make your reservation now Online at www.tulsabar.com or contact Tami W. at 918-584-5243 with questions
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Corporate Paralegal Excellent Pay and Benefits! W.C. Bradley Co., a 130+ year old international consumer products company seeks a qualified paralegal for its Tulsa, Oklahoma office to replace a retiring paralegal who has been with the company for a decade. Reporting directly to the General Counsel, this position will perform critical legal functions on behalf of its family of world class companies who compete in the global marketplace. Requirements include a self-motivated team player with 5+ years’ experience; completion of an ABA-accredited paralegal program is preferred. Candidates must have strong legal research and writing skills. Excellent computer, organizational, attention-to-detail, project management, written/verbal communication and prioritization skills are musts. The ability to meet deadlines is critical. Candidate should be flexible to work overtime, as needed, and have flexibility to travel. The General Counsel’s office is a fast-paced environment that addresses many areas of the law. Please apply if you have experience in any of the following areas: consumer transactional contracts, corporate governance, merger and acquisitions, regulatory, intellectual property including trademarks and patents, risk management, litigation, and international. Experience in any of these areas is a plus. Proficiency with Microsoft Word, Outlook, Excel, PowerPoint, Windows-based software, and Westlaw is a plus. Your expertise will be rewarded with an attractive salary/ benefits package along with a casual dress code environment. To apply: https://goo.gl/3TFRMz NO PHONE CALLS PLEASE The W.C. Bradley Co. is an Affirmative Action and Equal Opportunity Employer. The W.C. Bradley Co. uses E-Verify to confirm the employment eligibility of all new Team Members. To learn more about E-Verify, including your rights and responsibilities, please visit the U.S. Citizen and Immigration Service at www.uscis. gov/e-verify. E-Verify® is a registered trademark of the U.S. Department of Homeland Security.
32 Tulsa Lawyer
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. Tulsa mid-size litigation firm seeks attorney with a minimum of three years experience in all aspects of litigation. Benefits package available. Send resume, cover letter, references and writing sample to downtowntulsaattorneys@outlook.com.
Statewide law firm with offices in Tulsa and Oklahoma City is seeking attorneys for both offices with 8-20 years of experience wanting a collaborative environment to expand your litigation and/or transactional practice. Compensation DOE. Excellent benefits, support and atmosphere. Submit confidential resume and compensation requirements to hr@dsda.com.
Statewide law firm with offices in Tulsa and Oklahoma City is seeking attorneys for both offices with 2-5 years of experience in litigation and/or transactional law. Compensation DOE. Excellent benefits, support and atmosphere to develop your practice. Submit confidential resume, references, writing sample and compensation requirements to hr@dsda.com. Office space for sub-lease – charming one-level Brookside location. Approximately 2,000 square feet, including 2 offices, third office or workroom, storage area, large conference room, reception area plus kitchenette with dishwasher and two bathrooms. 5 parking spaces and ADA entry/access. $2,500.00 per month. Contact Hannah Altom with Corporate Realty Advisors, 918-845-5655 or hannah@corprealtyadvisors.com
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Tulsa County Bar Association 1446 S. Boston Ave. Tulsa, OK 74119
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