Practice Tips & More
2
A Message from
The Hon. Ann E.Keele 2018-2019 TCBA President
TULSA LAWYER
In this Issue
July 2019
4
Annual Luncheon & Awards Banquet Thursday~August 22nd
6
TCBA Members Summer Happenings
8
Happy Together - Paralegal Section Rhonda Ford
11 Children and the Law Update Natalie Sears, Chair 12 Golfing to Give Annual Luncheon Featured Speaker:
14 Naturalization Workshop
C. David Shepherd
16 Summer Continued - AR Workshop for Member Appreciation Month
Read more on page 5!
18 Effective Use of Expert Witnesses By S. Christopher Lopp
CEO of Readiness Resource Group
21 New for 2019 - Annual Luncheon Sponsors 22 Best Practices for Email in Discovery Avansic 25 Student Contests-An Important Part of Law Week 26 In Memory of... 29 Grapevine 32 Classifieds
Tulsa Lawyer 1
A Message from the President
The Hon. Ann E. Keele
What's Coming Up for the TCBA Happy July! I cannot believe how quickly this year is going. We are already half way through 2019 and nearing the end of TCBA’s fiscal year. Membership renewal packets will be sent out soon, so please be sure to watch for it. Speaking of membership, we hope that you enjoyed the fun activities held last month to celebrate you during Member Appreciation Month. Thank you to Membership Committee Chair Kara Pratt and to the TCBA Staff for all of your diligent work to make it a great success. We are working to add more membership benefits. Our current project is building a new website that will be sleek, modern and user-friendly with ease of use on any mobile device. We will announce when it is ready for its debut. I’m excited that we are continually making progress to stay relevant and strong as a bar association, providing value to all generations of members. In this ever-changing time, we must stay focused on the future so we can anticipate member needs. If you have any suggestions for how we can make membership more valuable, please contact us. We would love to hear from you.
Please make sure your contact information is up-to-date with the Tulsa County Bar Association.
Membership packets will be going out soon! 2 Tulsa Lawyer
On Thursday, August 22, we will be holding our TCBA/TCBF Annual Meeting luncheon. I am excited to announce that our luncheon will be held at the new Tulsa Club in downtown Tulsa. We have lined up a very impressive guest speaker, C. David Shepherd, Chief Executive Officer and Chief Preparedness Officer of Readiness Resource Group headquartered in Las Vegas, Nevada. Mr. Shepherd is a former FBI Supervisor and SWAT Team Leader and Coordinator who trains the Agents at the FBI and Homeland Security on security and active shooter emergencies. This may seem like a heavy topic to tackle over lunch, but his training and information on how to keep your work place safe is critically important. With over 400 mass shootings in 2018 alone, we must know how to protect our staff, our family, and ourselves. Mr. Shepherd will tell us what to do – and what not to do – when facing a potentially dangerous situation at work. This is an opportunity to hear a world-class security expert – so please be sure to register early for this popular event. I hope that you have dried out after last month’s rain, and enjoy the hot summer weather. Don’t forget that the courthouse will be closed on Thursday, July 4, for Independence Day.I look forward to seeing you soon! Sincerely, Hon. Ann E. Keele TCBA President, 2018-2019
Annual Meeting & Awards Banquet
Tulsa County Bar Association & Tulsa County Bar Foundation
Thursday~August 22nd, 2019 Tulsa Club Hotel 115 E. 5th Street, Tulsa, OK
C. David Shepherd CEO, Readiness Resource Group Doors open at 11:30am Program Noon-1:30pm Dress - Business Reservations: Individuals - $40 Reserved Table for 10 - $500 (Provide name of all guests)
See page 21 for New Sponsorship Opportunities.
Paid Reservations due Friday, August 16 by 5:00 PM
How to Keep Your Work Place Safe with Featured Speaker:
C. David Shepherd CEO of Readiness Resource Group
Please join us for this opportunity to learn from an expert! August 22nd, Tulsa Club Hotel C. David Shepherd, MBA, MPAJA, CHSIII is the CEO of Readiness Resource Group (RRG), a veteran-owner small business based in Las Vegas, Nevada and founded in 2007. RRG supports national preparedness, enterprise resilience and critical infrastructure crisis and risk programs. Mr. Shepherd has more than 46 years’ experience in security, law enforcement, risk management, and crisis preparedness, as well as a published author, lecturer and former adjunct professor at UNLV. Mr. Shepherd history inlcudes the following positions: • Retired FBI with 24 years in Counterterrorism, Fugitives and SWAT Operations • Former Co-Chairman for Resorts under the Commercial Facilities Sector Coordinating Council (DHS), and which included over 100 different associations • Former Executive Director of Security at the Venetian Resort Hotel Casino
Past member:
• Expert Panel on Critical Infrastructure, representing Commercial properties • Expert Panel on Risk Assessment Methodologies • Partnership for Critical Infrastructure Security a White House Working Group • Real Estate Round Table Terrorism Working Group • Healthcare/Public Health Sector Joint Advisory Working Group (JAWG) • IJIS Security and Privacy Committee
His achievements are many including: • Holds over 60 certifications in Risk, Security, Terrorism and Crisis Management • Co-author – Active Shooter: Preparing for and Responding to a Growing Threat (2015) • Develops active shooter plans for companies and has taught over 300 classes on Active shooting • Developed Table Top Exercise for Executives specific to Active Shooting and Recovery Program • Developed a state of the art Risk Reduction Assessment program for Commercial businesses Tulsa Lawyer 5
TCBA Members Summer Happenings BOOK REVIEW
Justice Boudreau’s book club session was held in May. The book reviewed was titled How Democracies Die.
ANGRY AXE June 13th www.angryaxe.com
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BOOK SIGNING
John Nicks and his son Denver held a book signing at the Bar Center on June 5th. John Nicks is the husband of Judge Linda Morrissey and a TCBA member. The event was hosted by Magic City Books. The book is “Conviction: The Murder Trial that Powered Thurgood Marshall’s Fight for Civil Rights”. Above - Judge Morrissey with husband John and her son Denver Nicks. Bottom left-Judge Sellers waiting for a signed book Bottom Right- Judge Dreiling and Denver Nicks enjoyed a good laugh.
HAPPY TOGETHER
Rhonda Ford ~ Chair, Paralegal/Legal Assistants Section This is the most nostalgic part of the year for me even though I haven’t personally experienced a “summer break”in a number of years. When I was in school and during the month of May, I always looked forward to those last days and the summer beyond for when I would go riding my bike with the Bienville Street Gang until it was dark outside, watching way too many reruns on tv in the afternoon, and would hope for the possibility of swimming in a real pool. Unfortunately, the closest swimming pool was more than ten miles of my house in Louisiana, ya’ll. But, I still love the spring and summer because I get to try out new plants, travel to exciting places, and find lots of ways to savor the longer days even though I work (OH MY). It’s summertime again which also means a break from TCBA meetings and other activities. This was a very busy and productive year for the paralegal section of the TCBA. We are looking forward to next year as we continue building and supporting all of the members who are part of this progressive organization. With one behind us, we are into our next decade! Several years ago, there were like-minded individuals who came together and with help from the
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Bar itself, were able to create the Paralegal division within the Tulsa County Bar Association (kind of a George Washington moment, don’t you think??) A few of them are still with our organization even upon retiring. The vision to promote our profession and to provide learning opportunities was the basis for forming the section, and it hasn’t changed that much. But, in addition to these goals, we hope this is a place for our members, including those who are students, to ask questions and to find meaningful answers. I like to think of it as a resource for paralegals where they can connect with others to mentor, or in some cases, to be mentored, in a profession that provides a constant learning experience. When I worked in a large firm, there were many paralegals who I would exchange information with about procedural issues and other case elements. To this day, I see that as an invaluable part of my career. We need to remember, though, that there are many paralegals who work in very small offices who may not have the advantage of reaching out for quick feedback. As members, we can connect with one another during meetings and other events, and that relationship can extend beyond.
Rhonda Ford with April Ferguson of Opveon as the October speaker. Serving in leadership of any organization is a commitment, but with the TCBA, it can also be a great way to develop lasting friendships and even offer potential job contacts. I hope to continue serving in some capacity for years to come. This past year was a bit challenging when our Vice-chair was unable to continue her position, but I am truly grateful to our amazing Secretary, Gloria, who stepped up to Vice-chair the Paralegal Section which was an enormous help. Gloria Jones has been a paralegal in the Tulsa area for a number of years and has been involved in both the Paralegal Section of the Tulsa County Bar Association, the Tulsa Area Paralegal Association (TAPA) as well as the continued on next page...
The TCBA Paralegal/Legal Assistants Section participated in the Legal Expo event “Big Bang Theory� in April.
National Association of Legal Assistants (NALA). Gloria’s contacts with area paralegals and attorneys has been invaluable as I have only been in Tulsa for five years. She is also a great organizer and has been a constant idea machine since late last summer. Gloria will be our new Chair for the 2019-2020 session. Over the years I have worked with and have known some of the best attorneys, many of whom I brag about on a regular basis. But, it seems that every time I say that, I meet another one to add to the list. All of the attorneys I reached out to this year as a potential speaker for our group’s CLE were not only responsive and willing to present, but the subject matter was beyond interesting and useful. It’s a shame that ALL of our membership couldn’t attend every meeting as the hour allotted didn’t seem long enough. Hopefully, next year, they’ll be back! Plleeeease?? A big THANK YOU to all of our guest speakers who so graciously accepted our invitation: • October 2018 – April Ferguson with Opveon gave us insight into trial presentations and mock trials with “Jury Research.”
Vice Chair, Gloria Jones presenting former Chair, Beth Nellis, with the Distinguished Service Award for all her years of service with the organization
• November 2018 – Clark Brewster with Brewster All of the other activities in between regular & DeAngelis provided some very enlightening information on litigation strategies and criminal meetings were really fun and kept us on our toes. In the late summer of 2018, I attended the new student defense processes. orientation at TCC for new paralegal students. For the • February 2019 Amber Peckio-Garrett. A special Fall OBA convention, some of us were there to hand out thank you because she helped us out on a very short brochures and talk to attorneys and potential new section notice. Her presentation was not only practice- members. The Legal Expo in April was an opportunity worthy, but also relevant to many of us who have for us to get our Sheldon Cooper or Amy Farrah Fowler children and extended families. It’s good to know on when we went “all out” with Big Bang Theory that grandparents have rights when it comes to the decorations for our booth, complete with comic books, best interest of their grandchildren especially when Soft Kitty itself (that Little Ball of Fur!) and our BBTa challenging family situation becomes difficult to themed costumes. I’m so excited for the great turnout we navigate. had for the May “Meet and Greet” at Chimi’s Restaurant where we got to meet some potential new members and • March 2019 – John Hickey with Hall Estill. We have a fun night of good food and conversation. learned about the highs (haha) and lows of the cannabis/marijuana “business” that is becoming an Good luck to our new team – Gloria Jones, Chair, Oklahoma mainstay. We’re still waiting for those Debbie Gresh as Vice Chair and Bobbye Messenheimer, free samples . . . Secretary. I will be around – maybe I’ll be floating • And in April, Jeremy Lott. a financial planner with around aimlessly in a swimming pool somewhere in the Edward James and Todd Hudgins who is an estate- Tulsa area. planning attorney, offered insight to options and ideas for asset management and protection. Hopefully ~ Rhonda Ford there will be a Second Act! 10 Tulsa Lawyer
Children and the Law Update The Children and the Law Committee’s Happy Hour at Lefty’s benefitting the Tulsa County Juvenile Division Children’s Play Area was a great success on May 9th! We were able to raise well over $800, along with some great toys! We can’t wait to put that money to good use and buy books, puzzles, toys, games, etc. for the new courthouse. A special thanks to some of our donors: Judge Keele, Judge Dreiling, Jim Milton, Mary Roberts, Elizabeth Hocker of TLC, Kate Lewis, and the TCBA Board of Directors. And, of course, a very special thanks to Lefty’s on Greenwood for generously donating a portion of their proceeds from the evening! If anyone has any ideas on what the Children and the Law Committee should do next, please contact Natalie Sears at nsears@cordelllaw.com. Thank you!
Tulsa Lawyer 11
Golfing to Give
TCBF's Charity Golf Tournament The 2019 TCBF Annual Charity Golf Tournament held May 6 at LaFortune Golf Course was a great success by many measures, not the least of which was monies raised to support TCBF charitable causes. This year’s tournament raised $20,000 to support Disabled American Veterans, South Tulsa House, Tulsa Lawyers for Children, 1 Step Male Diversion Program and TCBF Community Outreach. th
st
Please note our sponsors and pass on your thanks when you can.
Those attending were treated to some of the best golfing weather in tournament history. TCBF Trustee and long-time tournament participant Ken Williams remarked “it was the most perfect day”. TCBF President Jim Hicks thanked everyone for their support and noted that the tournament “couldn’t have been more fun”.
Thanks to our golf committee chair Pat Mensching for a job well done and keeping us focused, “It’s not about golf – it’s about raising money for those in need”. Special thanks goes also to the golf committee members; Courtney Kelley, James Bullard, Jim Gotwals, Kimberly Moore, Larry Leonard, Brad Williams, Mark Smith, Travis Horton, Trish Archer, William Kellough, Ephraim Alajaji, Brian Keester and the TCBA staff.
Congratulations to the winning team! Tulsa Visitation Strategies Tyler Funderburk Michael Walker Clint Duffy Walker Davidson
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Tulsa Lawyer 13
Naturalization Workshop The Tulsa County Bar Association and Foundation hosted a free naturalization clinic to eligible lawful permanent residents on Saturday, May 3, 2019 at the bar center. Volunteer attorneys included Law Day Chair Rebekah Guthrie-Frisby, Kyle Tresch, KatieBeth Gardner, Adrian Ordonez and University of Tulsa law student, Jorge Roman-Romero. The clinic was able to assist approximately 10 potential new citizens in their applications for citizenship. Volunteers assisted in preparing forms, translating documents and instructing clients on how to self-file for citizenship by giving them all the necessary forms and study materials.
facebook.com/ tulsacountybar 14 Tulsa Lawyer
@tulsabar
The Tulsa County Bar Association will be closed Thursday, July 4th & Friday, July 5th for
Independence Day.
Tulsa Lawyer 15
TCBA SUMMER CONTINUED...
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June 11th AR Workshop
TCBA members gathered to destress and find their inner artist during the AR Workshop Membership Appreciation Event.
Firm, family, marriage, birth announcements, graduations. Share your news with the TCBA Membership. www.arworkshop.com
Send Grapevine announcements to tulsabarnews@yahoo.com. Tulsa Lawyer 17
Effective Use of Expert Witnesses By S. Christopher Lopp, CPA/ABV, MBA, MAFF, CFF, CFE
In the March 2019 issue of Tulsa Lawyer, I wrote an article titled The Role of the Financial Forensics Expert. That article discusses obvious and less obvious matters in which a financial expert can assist with your client’s cases and the selection of the right expert for the case. This article presents 9 tips on how to best use the expert and what the expert needs from counsel to be • most effective. • Have an honest discussion of budget and scope of engagement at the beginning - Counsel, the client, and the expert should agree on the scope of the engagement, the required timing, and the budget so that the expert can deliver a quality work product on a timely basis. Ensure that all parties understand the cost to get the expert report, to support mediation, and the expected total should the case go to trial. An analysis that is cut short due to budget changes
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during the pendency of the case does not serve any party well. As an example, it is better for everyone to make the decision up front that the budget won’t allow a full analysis and that the engagement will focus on a critique of the opposing expert’s report when it is issued. Discuss any expectations of tendencies of opposing counsel with the expert - For instance, there are cases where you know you have the facts and law in your favor and that opposing counsel is known to throw together a massive “omnibus” motion in limine replete with personal attacks in these situations. Perhaps opposing counsel has a “pet” expert that always seems to show up in his or her cases with extremely favorable opinions. Alternatively, opposing counsel may be effective at reaching settlements and therefore the case is
unlikely to end up in trial. Let your expert know • Inform the expert of any relevant motions and these tendencies up front. their status - The expert needs to know if there is a potential for a ruling that will affect their work. • Provide a contact to discuss any industry For example, the expert should be aware and have specific knowledge necessary - While it is best a “plan B” damage calculation should the judge to find an expert who is familiar with health care grant a partial summary judgment that disposes billing practices, oil and gas royalty calculations, of a conversion claim or make a procedural ruling or some other specific industry practice that may that would limit the data that can be considered in a be at the center of the case, an acceptable expert damage calculation. with experience in that industry may not be found. If you hire an expert who is not familiar with the • Spend adequate time preparing for trial - Be industry, then provide a contact who will help the sure that the expert has provided any demonstrative expert fill in any industry gaps and understand the exhibits that he or she needs at trial. Role play the language of the industry early in the engagement. cross examination to ensure the expert is prepared, focusing on the five areas where expert opinions • Ensure that there is open communication with are attacked: (1) qualifications, background, the expert - Discuss the background of the case, the and specific expertise, (2) independence, (3) factual narrative, and the damage theory of the case assumptions, (4) methodology, and (5) conclusions. with the expert. Assure the expert that you want their opinions and ideas, good or bad, throughout • Ensure that the expert charges are paid - For the life of the case. For example, the expert should obvious reasons, no expert wants to be on the stand feel comfortable telling you that they understand in a trial with a large bill outstanding that will only what your client asserts, but that the documents be paid out of the damages awarded.S. show that their view is somewhat distorted. It is far better to make these discoveries early in the case than to have a “surprise” too late. Alternatively, Christopher Lopp is the founder of Financial an expert who understands the case may develop Forensics & Investigations alternative damage theories that enhance or mitigate Group in Tulsa, OK. He the damage claims. • Understand what data and interviews the expert needs - The expert should quickly provide a document request list and name individuals that he or she would like to interview. Work with the client to get the data to the expert and the interviews set up quickly. Be sure that the expert has input into discovery and that timely requests are made for all documents needed from the opposing party. • Provide the controlling precedent cases or statutory law that will be applicable to the case - An expert has to develop opinions that will assist the trier of fact and expert opinions are not helpful if they are based upon assumptions that are contrary to the law that must be applied in the case. This may seem obvious, but these sort of opinions are introduced by experts frequently in cases. The expert should already know key statues and case law that are applicable to his or her area of expertise and should feel comfortable using business judgment to form an opinion regarding how the facts of your case are analogous or distinguishable from the precedent cases.
is the Chairperson of the Oklahoma Society of Certified Public Accountants Business Valuation/Forensic & Litigation Support Committee. He is also a member of the national American Institute of Certified Public Accountants ABV (Accredited in Business Valuation) Credential Committee.
He is currently a part-time Juris Doctor candidate at The University of Tulsa College of Law and holds an undergraduate degree in Accounting and Master’s in Business Administration from The University of Tulsa. 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.
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Tulsa County Bar Association & Tulsa County Bar Foundation
Annual Meeting & Awards Banquet New for the TCBA & TCBF Annual Luncheon and Awards Banquet, you are invited to be an official sponosor! Join others in the legal community showing their support for the Bar and its mission. Five levels of sponsorship are available, become one today! Contact Greg Gordon, Executive Director at 918-584-5243 Ext. 1001
Level 1: Level 2: Level 3:
Table with 10 seats: $500 Same as Level 1 (table for 10), plus sponsorship designation in program: $750 Same as first level (table for 10), plus presenting sponsor designation: $1000
Friends of the Bar • Two seats at the luncheon, plus listing as "Friend of the Bar," designed for vendors who support the Bar: $500 • Same as "Friends of the Bar" (2 seats) plus presenting sponsor designation, designed for vendors who wish to show their support of the Bar: $750 All sponsorships will be recongized in the Annual Luncheon Program, Tulsa Lawyer Magazine and on www.tulsabar.com. Sponsorships through the Tulsa County Bar Foundation are tax deductable. Tulsa Lawyer 21
Best Practices for Email in Discovery Article courtesy of Avansic
Email is a critical part of daily business and personal activity and as such, provides a tremendous amount of information potentially relevant for discovery. This paper begins by providing a basic background of the types of email and important features for corporate and legal businesses use, including email retention and deletion. The collection of email during discovery and practical suggestions for requesting, processing and reviewing are then discussed. The paper concludes with a brief discussion on email security and encryption.
Corporate Use From a discovery perspective, there are two key features needed in an email system: the ability to place litigation holds and to search and gather mail across mailboxes. Systems that allow for litigation and other legal holds will prevent users from permanently deleting email; legacy systems and free accounts may not have this feature.
It is simple in the current versions of Gmail and Exchange to search and retrieve email, but care must be taken when applying keyword searches since There are five types of email servers in two categories, documents in these systems may not have text that can cloud-based and on-premise or data center. Most be indexed. Some systems allow for the export of these companies use on-premise approaches with either “unsearchable� items. Microsoft Exchange technology or a non-Exchange email system (Unix mail, Lotus Notes, etc). The most Email in Discovery common cloud-based email systems are Gmail and Office 365, with many other mail services being offered There are two main ways that email is handled in e-discovery: requesting and reviewing email from your by Yahoo, cable and telephone providers, and more. client, and requesting and reviewing email from the Best practices for using email will be dependent on opposing party. what type of mail system is being used. Exchange, onpremise, or Office 365-based (cloud) and Gmail are The best method to receive email for review of your the most flexible. For most of the cloud offerings, free client's data during discovery is in true native form accounts generally do not have management features. such as MSG, EML, PST, OST, MBOX. Other formats Types of E-Mail
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commonly referred to as native but do that not provide other items that may be stored on email servers for a as much information or ease of review include MHT, given user such as text messages, loose files, journals, HTML, and PDF. that contain useful information. Having a true native file set allows access to all relevant metadata for the purposes of processing, filtering, sorting and review. When receiving email produced from other parties, the most common format is Bates stamped images with a loadfile including select metadata. One of the most overlooked and useful metadata fields is Conversation Index, which is a unique identifier that describes the email and its position in the email thread. It is used for de-dupe, email threading, and missing email analysis. Including this field in a request for data is an advantage during e-discovery. For instance, using Conversation Index, you can de-dupe your client's data against the data received from an opposing party and not have to re-review data. Whenever possible, request Conversation index as part of your production specification.
In the past, email collections were performed by downloading the mail using iMap, POP, or the Exchange connector – more modern methods using either the embedded tools or third party tools are becoming more common. Email Retention and Deletion
Much like files on a computer, deleting an email may not mean it is gone. Deleted emails move to a trash can or recycle bin and in modern email, the deletion on a user's computer would sync with the server and that file would move to the trash can on all connected devices. Once that item is deleted out of the trash can, it is removed from that user's view in their mailbox; however, it may not be removed from the server. The settings on the server will determine how long and if an email is deleted from The most common mistakes made when reviewing the server. Note that once it is removed from the server client email is to not review true native files, not track it may still exist in external email archives, backups, the custodian from which the email came, and to de- exports, and even in the free space of local computers. dupe email based on content hash. continued on next page... Document review tools generally allow for viewing emails within their threads, and some allow the filtering of non-inclusive emails (which potentially reduces review). If the email set has rich, deep threads, performing an inclusive-only review would allow review of only the ones with unique content or attachments. In the case where an email has gone back and forth multiple times and has no attachments, it is possible to only review that last email in the chain. But it is important to analyze the email set prior to determining that the email thread review would be time saving since it entirely depends on the data. Other advanced review techniques include breaking the context of emails and their attachments apart and reviewing only the content of a final nearduped set. E-Mail Collection Historically, the use of SMTP and POP protocols meant that email could be on multiple devices in different forms and may not exist in a central location. If this is the case, e-discovery collection should be considered for every device potentially having email. Most modern email is accessed via a syncing protocol such that sent email drafts, calendar appointments and email exist on devices and on a central server. In addition, there are
Conclusion Email in its classic definition has not changed since it became common in the late 90s. How it is utilized by the end user, the servers and the clients have all changed dramatically including centralization of storage, better control for litigation hold, more metadata and information available for use in e-discovery. This means far more potentially relevant information, but also more information to review during discovery – a Absent a corporate policy, most users tend to keep problem solved by careful planning and consideration email indefinitely and are selective about deletion during e-discovery projects. (such as spam). If a litigation hold only references older emails, a simple export of the mailbox may suffice instead of preventing future deletions. However, if the litigation hold is ongoing, you may have to keep all email including spam. In this case settings will need to be changed to preserve all email and prevent future deletions. Some policies require and enforce the deletion of email after a set timeframe. Care must be taken to ensure these policies follow guidelines related to the industry, such as regulation retention (HIPPA, SOX, GLB, etc.) and to suspend this deletion in the case of a litigation hold. In the last few years, the vocabulary about how email is kept has been converted from IT terms (tombstoning) to legal terms of art (litigation hold) which allows better communication between technology administrators and legal professionals. It still requires an individual with IT know-how and legal knowledge to fully understand and operate the search, recall and export from modern email platforms.
Email Security Email security is an entire topic on its own, but briefly: most email is sent in plain text, which means if intercepted it can be easily read. However, if a protocol called TSL is used on the email server, it will attempt to send encrypted. This type of encryption prevents someone from intercepting the email in transit from mail server to mail server and being able to read its contents. When collecting email for discovery, this type of encryption generally does not interfere as sent and received messages are stored and viewed in a readable form. End users have the option to encrypt individual emails. This is most common in banking and other financial institutions, and they send an email that contains a link that routes you to a website to receive a message. In this case, the information is not even sent through a server. Other technologies may be more secure but less convenient and limit the types of devices. The most common type of these is called PGP and it requires pre-configuration for sending and receiving parties. These types of encryption impact collecting email for e-discovery, and passwords or keys may be needed to open the email. 24 Tulsa Lawyer
Do you have a topic you'd like to present at a TCBA CLE? Contact Tami Williams at tamiw@tulsabar.com or Lizzie Stafford at lizzie. stafford@gmail.com
Student Contests:
An Important Aspect of Law Week
May 14, 2019 The Tulsa County Bar hosted a reception for the Law Week student essay participants for 2019. The writing theme for the Law Day Student Contest was "FREE SPEECH, FREE PRESS, FREE SOCIETY". Each year students are encouraged to use their writing skills and creative thinking to expand and share on the year's law week theme. TCBA member, Rodney Buck has kept this program going strong for many many years! Thank you Rod and to all the students who take part each year.
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“Sometimes you will never know the value of something,until it becomes a memory.” ~ Dr. Seuss J. Daniel Morgan J. Daniel Morgan was born September 9, 1950 in Spartanburg, SC to Ladson Columbus & Lois (Waddell) Morgan and passed from this life on May 31, 2019 at the age of 68.
Preceded in death by his parents, Dan is survived by his daughters; Jennifer Morgan (Ryan Young) and Jocelyn McGrath (Ryan); and his grandson, Fletcher James McGrath.
TCBA President, 1996-1997 We were saddened to learn of the death of Dan Morgan who was with GableGotwals from 1983 until 2008, during which time he established himself as an outstanding attorney, specializing in employment law. Dan was a well-respected leader in the firm and in the legal community as well. He served on the firm’s Board of Directors as well as President of the Tulsa County Bar Association. We will miss him. ~ Sid Swinson
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Dan earned his Bachelor of Arts degree from Vanderbilt University, his Juris Doctor from Memphis State University, and a Master of Laws degree from the University of Pennsylvania. In addition to serving as the President of the Tulsa County Bar Association, and holding numerous leadership positions within that organization, Dan served as Chairman of the Legal Division of the United Way, and was a member of the Citizens Advisory Board for Persons with Disabilities. In his spare time, Dan enjoyed playing guitar, practicing yoga, riding his motorcycle, and spending time with his daughters and grandson.
A Celebration of Life gathering to be held at a later date. In lieu of flowers, donations may be made to the Neuroendocrine Cancer Awareness Network, (https:// www.netcancerawareness.org/donations-funding/) or The Tulsa Rotary Community Fund.
John Leslie Arrington, Jr. 1977-1984, Outstanding Performance and Significant Contribution Award as Chairman of Legal Ethics Committee 1977), Professional Responsibility Commission 1977-1984, Distinguished Service Award 1984, Vice Chairman 1983-1984, Golden Gavel Award 1985, Presidents Award 1991, Masonic Award for Ethics 1995.
John's civic contributions to the Tulsa community and his church were many. Past Warden, Vestryman and Chancellor of St. John's Episcopal Church, Organizer and Board of Directors for Undercroft Montessori School, Board of Directors for the Family Mental Health Center 1982-1989, Tulsa Charity Horse Show Board of Directors 1973-1981, Holland Hall Trustee 1967-1979, Board of Directors Family and Children's Services 1966-1985 and President in 1974, Board of Directors Tulsa County Legal Aid Society 1965-1970 and President from 1967-1970. He was also recognized John Leslie Arrington, Jr. was born October 15, by the Tulsa Jaycees as Outstanding Young Man Award 1931 in Pawhuska, Oklahoma to John Leslie Arrington, in 1963. Sr. and Grace Louise (Moore) Arrington. John passed Preceded in death by his parents, John is survived away surrounded by family on May 15, 2019 at the age by his wife, Linda (Vance) Arrington; his children, of 87. Elizabeth, John, Winifred and Katherine; and Linda's John graduated from The Lawrenceville School children; E.C., Clint, Eric and Linda Jr. and many in 1949, Princeton University (Bachelor of Arts, summa grandchildren. Funeral service was 10:00 a.m., cum laude 1953), Harvard University (Juris Doctor, Friday, May 24, at St. John's Episcopal Church and he magma cum laude, 1956 Masters of Law 1957). Phi will be laid to rest in the Pawhuska City Cemetery. Beta Kappa, Harvard Law School Board of Student Advisors 1954-1956. John was a partner and CEO of Arrington, Kihle, Gaberino and Dunn from 1957-1996. He was General Counsel of ONEOK, Inc. 1997-1998 and of counsel with GableGotwals from 1998 until 2019. He was Director of Woodland Bank from 1976-1994 and Chairman of the Board from 1979 until 1994. He was a member of the American Bar Association, Tulsa County Bar Association (Outstanding Young Lawyer Award 1962, Treasurer 1963, President 1970, Presidents Award 1984, Neil Bogan Professionalism Award 1993). Oklahoma Bar Association Member [Legal Ethics Committee 1966-1996 (Chairman, 19711984)], Rules for Professional Conduct Commission
"I met John Arrington, Jr. In 1968 when I joined the firm of Huffman, Arrington, Scheurich and Kincaid after completing two years of service in the Army. From the beginning I was amazed at John’s intelligence. He was, by far, one of the smartest, most erudite people I have ever known. His photographic memory and his ability to decipher legal issues and address each with precise and focused reasoning was unmatched. His intellect made an impact on the rest of the lawyers in the firm. He made us all better lawyers and better people. We all shall miss him."
~ John A. Gaberino, Jr.
Grapevine News Crowe & Dunlevy recently hired Vickie L. Driver, Milan Markovic and Christina “Crissie” W. Stephenson in its Dallas office. The additions further expand its offerings and reach in Texas as well as regionally. Driver is a director and member of the Bankruptcy & Creditor’s Rights, Corporate & Securities, Healthcare and Indian Law & Gaming Practice Groups. Her focus includes bankruptcy and insolvency matters, distressed asset transactions, Chapter 11 reorganization proceedings and Native American economic development. She is active in the Dallas bankruptcy industry serving as a board member of the International Women’s Insolvency & Restructuring Confederation, co-founder and inaugural president of the DFW Association of Young Bankruptcy Lawyers and former chair of the Dallas Bar Association’s Bankruptcy Section. In addition, Driver has been recognized as a toprated bankruptcy attorney by Super Lawyers since 2014.* She received her Juris Doctor from Baylor Law School. Joining the firm as legal industry analyst, Markovic is a member of the Corporate & Securities, International and Securities Litigation, Enforcement & Compliance Practice Groups. He works with legal departments of multinational corporations and assists with client development and growth initiatives. He is also a professor of law and associate dean for assessment, strategic analysis and reporting at Texas A&M University School of Law where he teaches courses on professional responsibility, business associations and international business transactions. Markovic received his Juris Doctor from Georgetown University Law Center, his master’s from New York University and his bachelor’s
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from Columbia University. A member of the Bankruptcy & Creditor ’s Rights, Banking & Financial Institutions, Corporate & Securities, Healthcare, Real Estate and Indian Law & Gaming Practice Groups, Stephenson joins the firm as a director. Her practice concentrates on assisting companies and individuals in restructuring matters, including Chapter 11 reorganizations, bankruptcy-related litigation and appeals as well as out-ofcourt restructuring. She is also experienced in providing non-consolidation opinions, lease review and negotiation and closing complex commercial real estate transactions. Stephenson is a board member of the International Women’s Insolvency & Restructuring Confederation, served as a barrister for the John C. Ford American Inn of Court and donates her time as an appellate briefing attorney for Texas Appleseed, a nonprofit organization promoting social and economic equality. She graduated from Southern Methodist Dedman School of Law where she served as an extern for the Honorable Harlin D. Hale in the United States Bankruptcy Court for the Northern District of Texas. She also holds a master’s degree in communication from the University of Louisiana at Monroe.
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A w a r d winning educator and longtime faculty member Katheleen Guzman has been named interim dean o f t h e U n i v e r s ity of Oklahoma College of Law, pending final approval of the OU Board of Regents. If approved, she would serve as interim dean during the time Joseph Harroz Jr., who is currently serving as interim president of OU, is away from the role of OU Law dean. “Professor Guzman is a beloved teacher, talented scholar, devoted mentor and respected leader at the College of Law,” Harroz said. “Her enthusiasm for our students, her excitement for the pursuit of scholarly excellence and her widespread admiration among her peers make her an outstanding candidate who will continue to elevate OU Law as one of our nation’s finest law schools.” Guzman joined the OU Law faculty in 1993, where she has taught numerous courses targeting the dimensions of property and its transfer, and writes in related areas. She was named the MAPCO/Williams Presidential Professor in 2000 and the Earl Sneed Centennial Professor of Law in 2015. From 2003 to 2006, she served as associate director of the Law Center and associate dean of academics, and from 2017 to 2018, she served as associate dean for research and scholarship. Universally known in the OU Law community as an engaging, enthusiastic professor and a champion for student success, Guzman has received numerous awards for teaching, including the 2014 Medal for Excellence Award from the Oklahoma Foundation for Excellence for Research University Teaching and the 2008 Merrick Foundation Teaching Award from OU. The OU Law student body also has presented her with several awards over the years, including selection as the outstanding law professor and as one of the three professors chosen to hood graduating 3Ls during Convocation. Guzman currently serves as a co-reporter for the Uniform Law Commission Model Tribal Probate Code and is currently working with OU Law Professor Emeritus Mark Gillett on an updated
edition of Fiduciary Accounting: Principles, Modern Applications, Illustrations. She writes over the intersections between property, culture and law, most recently exploring sociolegal, psychological and neurological parameters of testamentary intent and the diffuse boundaries between speculative property interests and the expectancy. A member of the Pennsylvania, Tennessee and Arkansas Bars, she has written for numerous section publications and lectures nationally to students preparing to sit for the bar examination. Guzman earned a B.A. with honors and a J.D. with highest honors from the University of Arkansas. In law school, she served as articles editor for the Arkansas Law Review and received the Outstanding Law Student Award from the National Association of Women Lawyers. After earning an LL.M. from Yale Law School, Guzman worked as a litigation associate with the Philadelphia law firm of Dilworth Paxson. She also has been a visiting professor of law at Villanova University, and is wrapping up a three-year term on the Yale Law School Association Executive Committee.
GableGotwals is pleased to announce it has established a $7,500 scholarship at The University of Tulsa College of Law in memory of complex litigation Shareholder and former Chairman, Oliver Sterling Howard. Oliver joined GableGotwals in 1979. Throughout his distinguished legal career, he served the Tulsa community through various boards and organizations, including dedicating significant time to the Oklahoma Center for Community and Justice. Due to his passion for the Tulsa community and his willingness to mentor new attorneys within the Firm, GableGotwals is honoring Oliver by giving back to the Tulsa legal community. John Dale, Chairman and CEO of GableGotwals shares, “In connection with the Firm’s 75th anniversary celebration, we are providing a $7,500 scholarship in Oliver’s name to diverse TU law students who similarly give back to the community. In addition to Oliver’s significant community service and mentoring,
his accomplishments in the courtroom are legendary. He once led a trial team that obtained a record $742 million judgment in Oklahoma state court and he later set a record in Arkansas, securing a $109 million jury verdict. Both cases were affirmed on appeal. Oliver had a special talent and was driven to serve others – not just with his notable and significant wins for his clients, but also in his dedication and service to the Firm and the Tulsa community.”
Hall Estill has announced the addition of Brian T. Inbody and Steve McNamara as shareholders in the firm’s Tulsa office. “We are thrilled to have two more outstanding attorneys join our team in Tulsa and we know they will be great representatives of our firm,” said Mike Cooke, managing partner for Hall Estill. “Adding Brian and Steve and their tremendous experience to our team allows us to even better serve our clients’ needs with the highest caliber of legal counsel and advice.” Inbody has practiced in both Oklahoma and Texas for nearly 30 years. He has a diverse legal practice concentrating on general civil litigation in federal and state courts including energy, business and class action litigation. He graduated from the University of Oklahoma College of Law and is a former member of the board of directors for both Neighbor for Neighbor and Domestic Violence Intervention Services. McNamara has practiced oil and gas law since 1979 and was formerly chief counsel of Reading & Bates Petroleum Co. in Tulsa. He was primarily responsible for the company’s domestic exploration and production activities. Since leaving Reading & Bates, McNamara has represented dozens of independent oil and gas producers in Oklahoma and elsewhere. He maintains an active Oklahoma Corporation Commission practice and has been involved in several complex cases involving gas measurement, gas processing and natural gas liquids. McNamara graduated from the University of Tulsa College of Law.
Hall Estill has announced that Kyle D. Freeman and Kent A. Gilliland have been elected as new members of the firm’s Executive Committee. Freeman joined the firm in 1998 and concentrates his practice in the Corporate/Commercial area. Gilliland has over 30 years of legal experience, joining Hall Estill in 2001. He practices primarily in the Banking and Commercial Finance arenas, with emphasis on Energy Lending
Did you know this about the United States of America? The estimated number of people living in the newly independent nation in July 1776 is 2.5 million. The nation’s estimated population on July 1, 2018 was 327 million. The value of fireworks sales by establishments classified as NAICS 453998, all other miscellaneous store retailers (except tobacco stores) in 2012 is $368.6 million.
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OCU School of Law is accepting applications for the Legal Director of the Criminal Justice Reform Center (CCJ). The Legal Director is responsible for the implementation and support of the long-term and strategic plan to sustain the work of the CCJ. In addition, the Legal Director is responsible for the day-to-day management and operation of the CCJ. The Legal Director will also teach and supervise students in the Bail and Bond Clinic and other related clinics. This is a full-time position with competitive benefits. More information at https://jobs.silkroad. com/OKCU/StaffCareers/JobDetail/959
Tulsa County Bar Association 1446 S. Boston Ave. Tulsa, OK 74119
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