July 2023 Tulsa Lawyer Magazine

Tulsa MagazineLawyer Membership & More

2022-2023 TCBA CONTACTS, COMMITTEE & SECTION CHAIRS

www.tulsabar.com

PHONE: 918-584-5243 FAX: 918-592-0208

1446 South Boston, Tulsa, OK 74119-3612

Executive Director

Tami Williams

tamiw@tulsabar.com

Ext. 1002

Membership Director CLE, Sections & Committees

Heather Heck heatherh@tulsabar.com

Ext. 1001

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General Inquiries

frontdesk@tulsabar.com

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Accounting accounting@tulsabar.com

Lawyer Referral & Community Resource Navigator

Jeril Haug jerilh@tulsabar.com

Ext. 1003

Tulsa Lawyer Editor - Michael Taubman michael@tulsafirm.com

Associate Editor - Milly Dunlap

Tulsa Lawyer Submissions - tulsabarnews@yahoo.com

TCBA OFFICERS

President........................................................................Philip Hixon

Past President...............................................................Kara Vincent

President-Elect............................................................Mike Esmond

Vice President......................................................Stephanie Jackson

Secretary....................................................................... Lizzie Riter

Treasurer.............................................................. Michael Taubman

Budget/Internal Operations.........................................Austin Birnie

FOUNDATION

President.................................................................Hon. Ann Keele

Foundation Vice President...........................................Justin Munn

Treasurer......................................................................Philip Hixon

Trustee.................................................................... Hon. Ann Keele

Trustee........................................................................ Justin Munn

Trustee......................................................................... Philip Hixon

Trustee...........................................................................Lizzie Riter

Trustee.......................................................................Chad McLain

Trustee ......................................................................Jim Gotwals

Trustee Catherine Hoopert

Trustee................................................................ Michael Taubman

TCBA President......................................................Philip D. Hixon

TCBA Pres. Elect.......................................................Mike Esmond

COMMITTEE CHAIRPERSONS

Access to Justice..........................................Pansy Moore-Shrier

Animal Law ..........Katy Inhofe

Bench & Bar Kevinn Matthews

Children & the Law....................................................Lizzie Riter

Children & the Law Vice Chair..........Timothy Michaels-Johnson

CLE...............................................................Pansy Moore-Shrier

Diversity......................................................Ruth Addison Martin

Fee Arbitration............................................................Gary Crews

Law Related Education / Street Law.............................Co-chairs

....................................................Pierre Robertson , Kara Vincent

Lawyer Referral .......Karen Wilkins

Membership Services....................................................Kara Pratt

Mentoring ......Shena Burgess

Military/Veterans ...Mitchell Garrett

Military/Veterans Co-Chair Hon. David Guten

Nominations & Awards ........Kara Vincent

Pro Bono............................................................... Mac Finlayson

Pro Bono Co-Chair......................................................Aaron Tifft

Professionalism................................................ ...........Rick White

Public Relations....................................................Steve Layman

Birnie

Foundation President ............................................Hon. Ann Keele Director at Large (1) Large Firm.................................Natalie Sears Director at

Social Media.................................................... ....Collaborative

Special Events .......Natalie Sears

Tulsa Lawyer Michael Taubman

Young Lawyers Division...........................................Billy Duncan

Director at Large (2) Public Sector.........................Hon. Ann Keele

ABA Delegate............................................................. Molly Aspan

OBA Delegate................................................................Rick White

Library Trustee (1)........................................................ Julie Evans

Library Trustee (2)..................................................... Kim Vojvoda

Presiding Judge .......................................... Hon. Doug Drummond

Chief Judge, U.S. District Court ...................Hon. John F. Heil, III

Chief Judge, Tulsa Municipal Court..........Hon. Gerald Hofmeister

TU Law School Student Representative ..............Taylor Williams

FOUNDATION APPOINTMENTS

Law Day ................................................Hon. Martha Rupp Carter

Law Day Co-Chair....................................................Mary Clement

Community Outreach................................................ Ashley Webb

Golf Chair...................................................................Brian Keester

Scholarship Chair.......................................................Randy Lewin

Submission, Grapevine & Advertising- Visit www.tulsabar.com

Subscriptions to Tulsa Lawyer are available for $40.00 a year to those who are not Tulsa County Bar Association members or others who do not currently receive the publication. Contact tamiw@tulsabar.com

Tulsa Lawyer is a monthly publication of the TCBA. The TCBA does not necessarily share or endorse the opinions expressed in the materials published. The views are those of thoughtful contributors. Similarly, advertising does not imply endorsement by the TCBA of products or services or any statements concerning them.

SECTION CHAIRPERSONS

ADR/Mediation..........................................................Melissa Fell

ADR/Mediation Co-Chair................................ ....Lauren Lindsey

Bankruptcy Hon. Paul Thomas

Business/Corporate......................................Whitney Humphreys

Criminal Law ........Daniel Levy

Energy & Mineral Law...........................................Buford Pollett

Employment Law............................................. ....Jonathan Shook

Family Law ..Jordan Dalgleish

Health Law ......Brenna Wiebe

Juvenile Law.................................................... ..........Lizzie Riter

Juvenile Law Co-Chair.......................Timothy Michaels-Johnson

Litigation...............................................................Mark A. Smith

Litigation Co-Chair......................................Mbilike Mwafulirwa

Municipal Law............................................................Cassia Carr

Paralegals/Legal Assistant....................................Kathryn Keener

Paralegal /Legal Assistants Vice Chair.....................Gloria Jones

Probate/Estate/Elder.......................................................Co-chairs

................................Kelly Hunt, Phillip Jennings, John Gotwals

Solo/Small Firm .............................................Colton Richardson

Tax...........................................................................John Gotwals

Technology ...................................................Pansy Moore-Shrier Workers Comp.........................................................Valerie Evans

* Section Chairs will be updated as positions are filled

Philip D. Hixon

A Message from the President 2022-2023

MEMBERSHIP IS COMMUNITY

The Association’s annual membership renewal campaign begins in July. As has become my habit, I looked at the definition of “membership” in the online Merriam-Webster Dictionary. You will not be surprised to learn that “membership” means “the state or status of being a member” and “the body of members.” Unfortunately, neither tautological definition provided the inspiration I was hoping to find for this, my penultimate, “ A Message from the President” article. Looking at the synonyms for the words, however, provided a spark of hope for there were the words community, group, association, organization, and connection, among several others.

Community has been a loose theme throughout this membership year. Although our membership is comprised of individuals with a variety of views, beliefs, and opinions, we are connected by some common interests and values. The Association has long been an excellent source of education for attorneys and the broader community. Most of that education is provided free of charge. Education opportunities range from CLE to our Street Law program. The Association is a proponent of the rule of law. An important component of the rule of law is dedication to equal treatment under the law regardless of your status or circumstances. To that end, the Association provides valuable lawyer referral services and volunteers attorneys for the FED docket. The Association seeks to be—borrowing a phrase from an earlier article—a “beacon of professionalism” and supportive of the judiciary’s needs.

The Association provides leadership development opportunities at all levels of the profession, whether young or seasoned. On June 5, the Association hosted a Past President’s Luncheon combined with an informal graduation ceremony for the YLD Leadership Academy. The boardroom of the Bar Center was standing room only with attendees ranging from the

Association’s 1991-1992 President to a two-year lawyer in the Academy. I appreciate the service of our Past Presidents (and I look forward to becoming one soon). I am also encouraged by the enthusiasm among our Young Lawyers. Many in the Academy are already in leadership roles in our committees and newly formed Young Lawyers Division. I am confident that there are several future Past Presidents among their ranks.

In this issue, you will find pages dedicated to membership renewal and the benefits of membership. Among the newer benefits of membership, at least for those qualifying as Young Lawyers, is the aforementioned YLD Leadership Academy. If you are a Young Lawyer and want to learn more about next year’s program, please reach out to me, Tami Williams, or a member of the inaugural class (Mary Clement, Billy Duncan, Allie Gage, John Gotwals, Dillon Hollingsworth, Kaylind Landes, Anastasia Mahoney, Mbilike Mwafulirwa, Colton Richardson, Lizzie Riter, Pierre Robertson, Alex Telarik, Michael Thelen, and Ashley Vinson). Applications are being accepted through close of business on July 14.

The Association is strong because we strive to focus on the commonality among us, and not the divisiveness that is all too common these days. As the home page of the Association’s website declares, “BETTER LAWYERS BUILD A STRONGER COMMUNITY.”

Monday, ,July 3

Tuesday, July 4

Philip D . Hixon TCBA President, 2022-2023

Lawyers Hel ping Lawyers

Monthly meeting led by a Lawyers Helping Lawyers Committee member. The small group discussions are intended to give group leaders and participants the opportunity to ask questions, provide support and share information with fellow bar members to improve their lives – professionally and personally.

Tulsa Meetings are held 5:30-6:30 p.m. on the second Thursday of each month at the office of Scott Goode, 1437 S. Boulder Ave., Ste. 1200, Tulsa. scottbgoode@gmail.com

Meeting Dates: May 11, June 8, July 13, Aug. 19, Sept. 14.

Oklahoma City Meetings are held 6-7:30 p.m., Visit okbar.org for dates or email debraj@okbar.org. In-person meetings in Oklahoma City are held at the office of Tom Cummings, 701 NW 13th St., Oklahoma City. The group will also meet virtually at the same time using BlueJeans. Email debraj@okbar.org for login information.

The Honorable Terence C. Kern, Senior Judge Announces Retirement

I am announcing my retirement as a Senior United States District Judge and will take inactive status by the end of this year.

In 1994, after the recommendation of Sen. David Boren, President Bill Clinton nominated me, and the United States Senate confirmed my appointment by a vote of 93-0. My how times have changed!

June 9th of this year marks my twenty ninth year on the Federal bench. I have tried to time my retirement with the appointment of critically needed new judges, and it is my understanding that thanks to Senators Lankford and Mullin the process is well underway to fill our two vacancies.

These new judges are greatly needed to help our excellent district judges and magistrate judges deal with the largest criminal caseload in our court’s history.

I wish to thank the many wonderful law clerks and legal assistants for their hard work, commitment, service, and sacrifice during my tenure.

There are always highlights and a few disappointments in any judicial career, but I am most proud of the fact that I have tried numerous civil and criminal cases over the years and have had three cases affirmed by the U.S. Supreme Court. Those affirmances include Falvo v. Owasso Independent School District; U.S. v. Haymond; and Bishop v. State of Oklahoma. My opinion striking down as unconstitutional the State of Oklahoma’s ban on same-sex marriage was affirmed in the Supreme Court case of Obergefell v. Hodges.

My favorite case is one in which all four of the billionaire Koch brothers were pitted against each other – two on two. The case took three months to try with over 250 witnesses and would have resulted in damages of $500 million but settled after the verdict.

Since taking the bench, I have served as a member of the Judicial Conference Committee on Security and Facilities, a member of the Committee on Space and Facilities, and chair of the Tenth Circuit Space and Facilities Committee. I served as Chief Judge of the Northern District of Oklahoma from 1996-2003.

Additional recognitions include Hall of Fame Inductee, Beta Theta Pi, Gamma Lambda Chapter, 2000; Leadership Legacy Award, Oklahoma State University, 2001; Distinguished Alumni Award, Oklahoma State University, 2001; Judge of the Year, Oklahoma Gang Investigators Association, 2007; Lion of the Bar Award, American Inns of Court, Council Oak-Johnson/Sontag Chapter, 2013; Judge of the Year Award, Oklahoma Association for Justice, 2014; Oklahoma State University, Hall of Fame, 2017; and American Board of Trial Advocates, Judge of the Year, 2020.

Memberships and leadership positions include President, Oklahoma Bar Foundation, 1991; President, American Inns of Court, Johnson/Sontag Chapter, 2008; Member and Fellow of Tulsa County Bar; and the Oklahoma Medical Research Foundation Board of Directors.

TCBA RECENT HAPPENINGS

May 17th - Brown Bag CLE - Appellate Do’s and Don’ts, Part II with Judge Jane Wiseman and Judge Stacie Hixon. Introduced by Kevinn Matthews and the new Bench & Bar Committee Co-Chair, Diana Cupps. Also featured in the photo is the TCBA President Elect, Mike Esmond. Pictured below, right middle, is Ken Underwood. The CLE had forty attendees.

May 18th - The TCBA Workers' Comp Section and Crowe & Dunlevy partnered up to present this CLE & Social Hour hosted at Crowe & Dunlevy's new office in the Greenwood District. "Civility in the Post Covid Era A View from the Bench" was presented by Judge Tara Inhofe.

Judge Inhofe; WC Section Chair, Valerie Evans; Madalene Witterholt

VP'S CORNER Stephanie Jackson TCBA Vice President 2022-2023

Time For a Reset

It is time to get your passport and prepare to take flight. This month I am encouraging you to plan a trip, take a staycation, and go exploring. Perhaps, you are looking to reconnect with old friends or love on your family members, whatever the reason, the benefits of planning a vacation are undeniable. Planning a trip not only helps reduce stress and boost your mood, but it also is proven to increase creativity and productivity. If you are stuck on an idea, a vacation from work could be just the panacea you are looking for. I tell everyone that will listen, that we all need rest to reset our brains.

As attorneys, we tend to not only work hard at our professional endeavors with work and TCBA community involvement efforts, but also in our personal relationships, being the rock for our family, and chipping away at those yearly goals. Remember, you cannot pour from an empty cup, so this July, it is time to focus on you! That’s right I said it. Be selfish, and focus on you and your self care needs. Give yourself something to look forward to by being intentional with blocking off time on your calendar to simply take a well earned break from the everyday hustle and bustle of life and make some new memories with those you love. Again, you have more than earned it! Having a work/life balance is just like the Coca-Cola bottle says, “It’s the Real Thing”. TM

Keeping the fire ignited, means taking a break when needed. I saw a recent video of a young boy and his sister who were sitting down for lunch at their home. They appeared to be around age 5 and 3, respectively. The younger sister suddenly began crying, seemingly for an unknown reason. The brother, in all seriousness, turned to his sister and asked, “Did you have a nap today?” Her tearful one word response, “No.” He appeared to muster up all the compassion he could and quickly replied, “Well it sounds like you need one.”

Finally, if you need some great staycation ideas for bonding or connecting with other TCBA members and potential members this month, let me again take the lead in keeping the flames of inspirations flowing by providing some fun member appreciation events happening through the TCBA this month:

• July 7 – 6:00-8:00p – Candle Class with Soaplahoma - Member Appreciation Event @ Heirloom SOLD OUT

• July 11 – Smash Room –Member Appreciation Event @ The Smash Room Tulsa

• July 13 – Happy Hour – Member Appreciation Event @ Rosa

• July 20 – Summer Ice Cream Social for Public Interest Legal Interns

• July 23 – TCBA Family Game Day – Member Appreciation Event @ Shuffle's Board Game Café

• July 25 – YLD Happy Hour/Board Meeting

These are just a few of the events and activities that you don’t want to miss. It’s Your Move! Get on board and let’s make memories and reconnect in July!

As always, if you have ideas to share, would like to serve on a committee, or have a TCBA project or program you would like to see highlighted, please reach out to me or Tami Williams.

Stephanie Jackson TCBA Vice President , 2022-2023

SHOULD STUDENT-ATHLETES BE CLASSIFIED AS EMPLOYEES?

By Iciss Tillis

Introduction

Walter Byers, the first Executive Director of the National Collegiate Athletic Association (NCAA), played a pivotal role in shaping the modern landscape of college sports in the United States. Under his leadership, the NCAA grew from a small organization with limited power into a massive governing body that regulated college sports across the nation. Although he was instrumental in shaping various aspects of college sports, from eligibility rules to the enforcement of regulations, however, among Byers’ most significant contributions was the invention of the term “student-athlete” - a term that has had far-reaching implications for college sports and the legal rights of the athletes involved.

The Origin of “Student-Athlete”

The term “student-athlete” was coined by Byers in the 1950s. He created this term in response to a legal challenge involving the widow of a college football player, Ray Dennison, who had died from a head injury sustained during a game. Dennison’s widow sought workers’ compensation benefits, claiming that her husband had essentially been an employee of the college while playing football.

Byers sought to counter this argument by emphasizing that college athletes were primarily students, not employees. The term “student-athlete” was thus born as a means to emphasize the educational focus of college sports and to distance it from the world of professional athletics.

“Student-Athlete” and Legal Implications

The invention of the term “student-athlete” has had significant legal implications for college sports. By classifying college athletes as primarily students, universities and the NCAA have been able to avoid treating them as employees. This distinction has allowed the NCAA to maintain its amateurism model, which prohibits athletes from being paid for their athletic performance.

Over the years, there have been numerous legal challenges to this amateurism model, with plaintiffs arguing that college athletes should be entitled to compensation for their contributions to the multi-billion-dollar industry

that college sports has become. The term “studentathlete”, however, has been a critical tool for the NCAA in defending its position.

NLRB Classification of Student-Athletes as Employees

In response to the George Floyd protests and the global embrace of social justice reform, on September 29, 2021, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued General Counsel Memorandum 21-08 (GC Memo 21-08) titled “Statutory Rights of Players at Academic Institutions (Student-Athletes) Under the National Labor Relations Act.” In GC Memo 21-08, Abruzzo sets forth her prosecutorial position that studentathletes are statutory employees under the National Labor Relations Act (NLRA).

Notably, GC Memo 21-08 proscribes the use of the term “student-athlete” and replaces same with “Players At Academic Institutions,” concluding that misclassifying such employees as mere “student-athletes” and leading them to believe that they do not have statutory protections is a violation of Section8(a)(1) of the Act.

GC Memo 21-08 also extends the rights and protections under Section 7 of the Act to college athletes and provides a gateway for them to organize collectively. Lastly, GC Memo 21-08 puts an end to the issue as to whether public institutions, which are outside the reach of NLRB jurisdiction, can be subject to prosecution for unfair labor practices. According to Abruzzo, because Players at Academic Institutions perform services for, and are subject to the control of the NCAA, their athletic conference, and their college or university, she “will consider pursuing a joint employer theory of liability” where appropriate.

History of NLRB Decision to Classify College Athletes as Employees

Northwestern University

In Northwestern University1, 362 NLRB 1350 (2015), Peter Sung Ohr, then NLRB General Counsel, found that

1 362 NLRB 1350, 1356 (2015).

the football players receiving grant-in-aid scholarships were employees under the NLRA and ordered an election covering that bargaining unit. On appeal, the NLRB Board declined to exercise jurisdiction over the Northwestern football players and dismissed the petition due to the likelihood that labor instability would result from exercising jurisdiction over Northwestern, a private university, given most NCAA member institutions are public colleges and universities over which the Board cannot assert jurisdiction. While the NLRB’s decision did not address the issue as to whether student-athletes are employees, it did indicate concern over whether college athletes would even be able to collectively bargain given, the services they provide do not fit within any current NLRB analytical framework. In further support of its decision to decline exercising jurisdiction over the action, the NLRB further noted that varying state laws would cause bargaining to look different at public colleges and universities as opposed to private, in furtherance of labor instability.

General Counsel Memorandum 17-01

On January 31, 2017, then NLRB General Counsel Richard Griffin issued General Counsel Memorandum 17-01 (GC Memo 17-01) titled “General Counsel’s Report on the Statutory Rights of University Faculty and Students in the Unfair Labor Practice Context.” In GC Memo 17-01, Griffin asserted his prosecutorial view that “scholarship football players at Northwestern and other Division I FBS private colleges and universities are employees under the NLRA because they perform services for their colleges and the NCAA, subject to their control, in return for compensation.” Griffin further provided that scholarship football players at private institutions had NLRA Section 7 rights and protections, namely “advocat[ing] for greater protections against concussive head trauma and unsafe practice methods, reform[ing] NCAA rules so that football players can share in the profit derived from their talents, or self-organiz[ing], regardless of whether the Board ultimately certifies the bargaining unit.” Griffin declined to opine on the employee status of other collegiate athletes and instead limited his decision to D1 FBS scholarship football players at private NCAA member institutions. GC Memo 17-01 was rescinded but later reinstated by Abruzzo’s GC Memo 21-08.

NCAA v. Alston

In its unanimous decision in NCAA v. Alston2, the Supreme Court recognized that “college sports is a profitmaking enterprise” and rejected the NCAA’s antitrust defense grounded in semantics of “amateurism” in college athletics. In that case, the Court held that NCAA-imposed caps on education-related benefits for college athletes

violated federal antitrust laws.3 Although the Court’s holding in Alston was only focused on caps on educationrelated benefits, the decision had vast implications for the future of college athletics, including the employment status of athletes’ under the NLRA.

Specifically, Justice Brett Kavanaugh, in his concurring opinion, further argued that the NCAA’s remaining compensation rules also violate antitrust laws and questioned whether the NCAA and its member institutions “can continue to justify not paying student athletes a fair share” of the billion of dollars in revenue they generate on an annual basis.4 Moreover, he highlighted the fact that “the student-athletes who generate the revenues, many of whom are African American and from lower-income backgrounds, end up with little or nothing.”5 Justice Kavanaugh then suggested that collective bargaining could be a solution.

Impact of General Counsel Memorandum 21-08

GC Memo 21-08 reinstated the theory expounded in GC Memo 17-08 – that the scholarship football players in Northwestern University satisfy both the broad statutory definition of employee under Section 2(3) and the common-law agency test, which defines an employee as a person “who perform[s] services for another and [is] subject to the other’s control or right to control.” In addition, GC 21-08 clarifies that the expansive language of the NLRA, as well as the NLRB’s holdings in Boston Medical Center6 and Columbia University, 7 support the notion that players at academic institutions are employees. A gray area still remains, however, regarding the status of players at academic institutions who participate in sports that are not revenue generating.

As aforementioned, Abruzzo views all references to continued on page 17...

3 NCAA rules limiting certain education-related compensation that schools may offer athletes, include rules that limit scholarships for graduate or vocational school, payments for academic tutoring, or paid post-eligibility internships, violate antitrust law.

4 Alston, 141 S. Ct. at 2068 (2021)(Kavanaugh, J. Concurring)

5 Id.

6 330 NLRB 152, 160 (1999). In Boston Medical Center, the NLRB interpreted the statutory language and policies of the NLRA to include Players at Academic Institutions as employees.

2 141 S. Ct. 2141 (2021).

7 Columbia University, 364 NLRB No. 90 (August 23, 2016). In Columbia University, the NLRB reaffirmed its position that student assistants in colleges and universities are employees under the Act.

the term “student-athletes” as misclassification under Section 8(a)(1), as the term is “leading them to believe that they do not have statutory protections” under the Act. Accordingly, Abruzzo declares that the General Counsel’s Office will pursue an independent violation of Section 8(a) (1) where any institution misclassifies players at academic institutions as student-athletes, holding institutions strictly liable for any violations.

Conclusion

The NLRB’s decision to retire the term studentathlete and reclassify same as employees marks a significant shift in the world of collegiate sports. While this change may lead to better protections and benefits for student athletes, it also has the potential to create numerous challenges for educational institutions and the amateur sports model. As the legal landscape evolves, schools and student athletes alike must navigate this new reality and work collaboratively to find a balance that benefits all parties involved.

About the Author

Iciss is an associate in Hall Estill’s Labor & Employment group where her practice involves assisting employers in workplace matters, including litigation, as well as preventive advice and counseling. She also practices in the firm’s Name, Image, and Likeness (“NIL”) practice group, which provides comprehensive legal and compliance services to high school and NCAA athletes, their families, and sponsors, as well as professional athletes and coaches. Prior to earning her J.D., Iciss was a professional basketball player as a power forward. A first-round WNBA draft pick, she started her career with the Detroit Shock, then went on to play for the New York Liberty and LA Sparks. Iciss also played in the EuroLeagueWomen and the International Basketball Federation (FIBA) before attending law school.

2023 Law Day Committee Report

Cornerstones of Democracy: Civics, Civility and Collaboration

Law Day Committee Members:

Emma Arnett; Rodney Buck; Mary Bundren; Judge Daman Cantrell; Judge (Ret.) Martha Rupp Carter, Co-Chair; Mary Clement, Co-Chair; Dan Crawford; Heather Heck; Kara Pratt; Lizzie Riter; David Tracy; Tana Van Cleave; Tami Williams.

Art and Writing Contest

Entries from Tulsa County students, elementary through high school, were received and judged. Awardwinners and their parents were hosted at a reception held at the Tulsa County Bar Center on May 11, 2023.

Lynn Miller Law Day Book Club

Three attorneys and a judge led discussions of their selected books monthly from January to April of 2023. The Book Club is making plans for on-going book club discussions throughout the year.

Law Day Lunch

Law Day speaker Principal Chief Chuck Hoskin, Jr., Cherokee Nation, addressed 225 attorneys and guests on April 28, 2023. Art entries of award-winning students were on display at the event.

First Responder Will Program

Thirty-eight First Responders were provided legal services including wills, power of attorney documents by fourteen volunteer attorneys.

Ask-A-Lawyer

On May 1, 2023, 612 calls received from individuals located throughout Oklahoma from 9:00 a.m. to 9:00 p.m. were addressed by 52 volunteer attorneys serving two-hour shifts. The number of calls increased 84% from 2022.

Street Law Program

In collaboration with the Street Law Committee, Gold E. Locks and the Three Bears mock trial was conducted on May 5, 2023, before Judge Ann Keele and volunteer jurors. Participating students attend KIPP high school and are in the speech and debate class of Savanna Shelby. Lawyers who coached the KIPP students are Pierre Robertson, Kara Vincent, Eric Strocen, and law student Anna Wolfe.

Law Day Committee

(Back Row): Heather Heck, Mary Bundren, Dan Crawford, Tana Van Cleave, Rodney Buck, Tami Williams

Front Row: Committee Chairs Mary Bundren and (ret.) Judge Martha Rupp Carter. Missing: David Tracy, Lizzie Riter, and Judge Cantrell.

Law Day Luncheon, April 28th Downtown Doubletree

Senior Attorneys

Reognized

Left to Right:

Paul McTighe

Michael Beard

Greg Meier

Judge (Ret.) David Peterson

Craig W. Hoster

Steven A. Stecher

William R. Grimm

James C.T. Hardwick

The next Law Day Committee Meeting will be held virtually July 22nd at noon. You should join us! Contact tamiw@tulsabar.com.

Judge Keele & Judge Cantrell

Judge Ann Keele & Cheyenne Barnard

KIPP University Prep Debate Team and Street Law Students: Ja’Nareon Gordon, Gina Johnson, Robert Sanchez, Uraiah Marshall, Shannon Tillis, Keondre West, Cayden Cato, Adrian Jasper, and KIPP Debate Team Teacher Savannah Shelby

Matt Lay, Tulsa IAFF Local 176 President; Joe Deere, Cherokee Nation Tribal Councilor; Denise Henry, Muscogee Nation Lighthorse Police Commissioner; Craig Deerinwater, Tulsa Fire Department Lieutenant-Paramedic

MEMBER SPOTLIGHT

Lorena Rivas

Rivas & Associates

How long have you been practicing law, and what are your practice areas? Immigration 11 years What do you like most about being a lawyer? Being a changemaker.

What has been your biggest professional achievement? Rivas & Associates was ranked No. 31 of 168 companies to make Inc.com’s Regional 2023 Southwest List of fastest growing companies.

What is your passion outside of work and the law? Being an entrepreneur and finding solutions for my clients' gaps and problems.

What is the best advice you have ever received? When thinking about your goals and vision realize that there are no limits, no barriers, no rules---There is no sky!

How long have you been a TCBA member? Since 2012 - 11 years.

What is your favorite book, movie, or television show? Book: The Alchemist & No Rules Rules; Movie: Pride & Prejudice and Braveheart; Television Show: Ted Lasso, Succession, & Seinfeld.

Tell us a fun fact that no one knows about you! I was at one time, back in the day, a pageant queenMs. Sharon-Mutual.

What is your favorite food? Real Mexican tacos & pepperoni pizza!

TCBA Past President's Luncheon

Held June 5th

Past Presidents of the TCBA and members of the 2023 Leadership Academy Class came together for a special luncheon on June 5th . The event was held at the Tulsa County Bar Center, and guests enjoyed a brief mixer and presentation of certificates to the graduating class of TCBA’s inaugural YLD Leadership Academy before enjoying a delicious lunch catered by Justin Thompson Catering. Afterward, the traditional Past president’s photo was taken on the stairs.

Past

Back to Front: Philip Hixon, Bob Farris, Jim Gotwals, Kara Vincent, Matt Farris, Ann Keele, Ken Brune, Allen Smallwood, Christina Vaughn, Pat O'Connor, Sid Dunagan, Martha Rupp Carter

Past Presidents who attended but not included in the photo: James C. Milton, Robert Sartin and Kimberly Moore

Michael Thelen

Billy Duncan

Allie Gage

Mary Clement

John Gotwals

Kaylind Landes

Anastasia Mahoney

Mbilike M. Mwafulirwa

Colton Richardson

Pierre Robertson

Alex Telarik

Not pictured: Lizzie Riter

TCBA’s inaugural YLD Leadership Academy -

Presidents of the TCBA

Don't Miss Out on Great Events Like This One!

May 18th

Member Event was Tequila Cocktail Class

@ The Vault

June 6th - Smash Room

Member Event

Caitlin Getchell, Sophia Miranda and their guests relieved some stress at the TCBA Member Event at Smash Room!

The Smash Room Tulsa is a safe place where you can take an axe to a printer, break a chest of drawers with a sledgehammer, swing a bat through a glass chandelier and scream!

smashroomtulsa.com

“Rest is not idleness, and to lie sometimes on the grass under trees on a summer's day, listening to the murmur of the water, or watching the clouds float across the sky, is by no means a waste of time.”

~ John Lubbock, The Use Of Life

Watershed Moment: U.S.

Supreme Court

Narrows Federal Power Under Clean Water Act

What this means for energy infrastructure in and around “wetlands”

By Brooks A. Richardson and Rhyder M. Jolliff of GableGotwals

• The Sackett decision reflects the current Court’s newly employed limitation on regulatory overreach. With less risk of civil or criminal liability arising from EPA enforcing the CWA and more certainty for planning new development in and around areas that might have previously been improperly included as “waters of the United States,” companies can avoid unreasonable permitting delays and regulatory uncertainty for properties and operations in and around wetlands.

Today, the United States Supreme Court curtailed the federal government’s power to regulate wetlands under the Clean Water Act (CWA). Its decision in Sackett v. EPA changes the test for whether wetlands are “waters of the United States” for purposes of CWA jurisdiction, and the ruling will have ripple effects on industries nationwide.

For businesses with energy infrastructure operating in and around wetlands, key takeaways include:

• The Sackett decision conflicts with the EPA’s newest rule change published on January 18, 2023, which took effect on March 20, 2023.

• While the EPA will take time to modify its new rule to accommodate the Sackett decision, the decision clarifies the answer to a critical question the energy industry needed for its long-term planning and capital investments in and around wetlands.

The Sackett decision comes after over a decade of acrimonious litigation between the Environmental Protection Agency and Idaho landowners Michael and Chantell Sackett, who argued they did not require an EPA permit to build a home on their property. The EPA contended that the Sackett property, near Priest Lake, Idaho, contained wetlands that qualify as “navigable waters” regulated and permitted by the CWA. The Sacketts fought their way to the Supreme Court and asked for the proper test to determine whether wetlands are “waters of the United States” under the CWA.

The Court held that for a wetland to be under CWA jurisdiction, it must, “as a practical matter [be] indistinguishable from waters of the United States.” The opinion supports a two-part test: (1) is the “water” to which the wetland is connected “a relatively permanent body of water connected to traditional interstate navigable waters”; and (2) is the wetland’s connection to such water a “continuous surface connection” that makes it “difficult to determine where the ‘water’ ends and the ‘wetland’ begins”? As Justice Alito penned, “[w]etlands that are separate from traditional navigable waters cannot be considered part of those waters, even if they are located nearby.”This new test has important implications for current regulatory rules, which had

expanded the EPA’s and Army Corps of Engineers’ view of waters qualifying for federal jurisdiction. The new rule took the “significant nexus” standard articulated in the U.S. Supreme Court’s 2006 Rapanos concurrence and expanded it by stating:

A water now has a “significant nexus” if it has a “material influence” on the chemical, physical, or biological integrity of traditional navigable waters, the territorial seas, or interstate waters. In making this determination, the agencies will aggregate all “similarly situated” waters and their adjacent wetlands in a “catchment” - an “area of the land surface that drains to a specific location for a specific hydrologic feature.” The EPA and US Army CoE also maintain federal jurisdiction under the new proposed rule over “relatively permanent flows”which may exist based on multiple repeated storm events with monsoon-like rainfall.

The new rule is inconsistent with the Sackett decision and will likely be withdrawn and revised. In the meantime, companies with energy infrastructure operating in and around wetlands should know to what extent the decision will disrupt the current regulatory landscape.

Do you have pending CWA permit applications based on the broader definition that may need to be withdrawn, or development planned in and around wetlands in the future where you may need guidance? For questions about this decision or to discuss its impact to your business, contact a member of the Energy, Oil & Gas Team.

About the Authors

CELEBRATE YOU - SUPPORT YOUR TCBF

By being a member of the TCBA, you are also a member of the Tulsa County Bar Foundation. As a general rule, the funds that come into the Foundation are the result of a fundraising event for our community, and the monies raised are immediately distributed back out into the community through non-profit organizations.

In an effort to assist the Foundation, we have implemented a monthly “Fund the Foundation” program. To participate we are asking each member who has a birthday this month to consider making a donation to the Foundation. You can do so with the QR Code shown here.

If you are not currently a Fellow, please consider joining that program. As a thank you (and let’s be honest, an encouragement to other members), if you donate before

the 10th of the month we will include a shout out to you in the next issue of Tulsa Lawyer Magazine.

If you wish to donate or join the Fellows program, please contact Tami Williams at tamiw@tulsabar.com.

Sincerely,

Philip Hixon, TCBA President 2022-2023

Grapevine News

GableGotwals is pleased to announce the recent additions of Brian Blackstock and Clare Gibbons as Of Counsel attorneys to the Firm’s offices in Oklahoma City and Tulsa, respectively.

Brian Blackstock has significant experience in civil litigation, primarily focusing on defending corporate and individual clients in both state and federal courts. He represents insurers facing allegations of bad faith and institutional misconduct and healthcare professionals and entities against medical malpractice, investigations, and disciplinary proceedings before state licensure boards and regulatory agencies. He is distinguished as a Barrister in the Ruth Bader Ginsburg American Inn of Court and is a member of the Defense Research Institute, American Bar Association, Oklahoma Bar Association, and the Oklahoma County Bar Association. Brian received his J.D. from the University of Oklahoma College of Law and holds a B.A. from the University of Oklahoma.

Clare G. Gibbons advises clients in corporate transactional matters, focusing on cybersecurity, federal contracting, and commercial and operational contracts. Prior to joining the Firm, Clare held positions at Cherokee Federal and ONE Gas, where she managed federal contracts. Her experience includes drafting and negotiating a variety of agreements, including Master Service Agreements for IT services, non-disclosure agreements, teaming agreements, reseller agreements, and government contracts. In addition, Clare analyzed and advised internal stakeholders on emerging cybersecurity requirements, specifically DFAR requirements, NIST standards, and TSA cybersecurity directives.She is a member of the American Bar Association, Oklahoma Bar Association, and Tulsa County Bar Association. She received her J.D. from the University of Indiana Maurer School of Law, where she graduated cum laude and was the Articles Editor for the Indiana Journal of Global Legal Studies. Clare received a B.A. from the University of Notre Dame.“We welcome Brian Blackstock and Clare Gibbons to the Firm. With their knowledge and experience, I am confident they will be great additions to the Firm in providing exceptional legal services to our clients,” said John Dale, CEO of GableGotwals.

Helton Law Firm is pleased to announce that it has added two new attorneys to the firm. Joe Byars joins the firm in an Of Counsel role with a focus in litigation matters to include business and commercial litigation, employment, construction, serious personal injury, and trust and estate litigation. Joe also has significant experience with regulatory compliance and licensing. Joe is licensed to practice in Oklahoma, Arkansas and Texas and multiple federal jurisdictions, with many years of trial experience in state and federal courts. Josh Dickens joins the firm in an Of Counsel role bringing over 20 years of oil, gas, real estate and commercial experience. Josh has worked in leading roles in over $1 billion in transactions ranging from small business sales to large oil and gas asset transactions. Josh is licensed to practice in Oklahoma and several federal courts.

Hall Estill is pleased to announce Larry G. Ball and Betsy G. Jackson have been elected to the Executive Committee. Additionally, Daniel V. Carsey, Christopher L. Carter and Andrew J. Romanow have been elected to the Board of Directors.

“Our lawyers carefully choose members of our Executive Committee and Board of Directors,” said Steve Ray, managing partner for Hall Estill. “It is an honor to serve, and I welcome my talented and experienced colleagues to our Executive Committee and Board of Directors. Their expertise and guidance will be invaluable as we continue to grow and succeed in the future."

Ball has been practicing in the bankruptcy, litigation and commercial law fields for more than 35 years and this is his second time serving on the Executive Committee. Ball is located in the firm’s Oklahoma City office and was named Best Lawyers’ 2021 Bankruptcy and Creditor/Debtor Rights/Insolvency and Reorganization Law “Lawyer of the Year.”

Jackson is an attorney with over 30 years’ experience who primarily focuses her practice in the corporate/ commercial arena, specifically dealing in securities, business transactions, commercial finance, real estate, and mergers and acquisitions. Selected as a

2018 attorney recipient of the Oklahoma Bar Association Ada Lois Sipuel Fisher Diversity Award and recognized in Chambers USA for corporate/commercial expertise, Jackson practices in the firm’s Tulsa office.

Carsey, who is located in the firm’s Oklahoma City office, focuses primarily on commercial litigation in the oil and gas, banking and technology industries, representing hundreds of businesses across the country. He has been recognized by Super Lawyers each year since 2009, 405 Magazine Oklahoma Top Commercial Litigation Attorney each year since 2020, and Best Lawyers each year since 2021.

Carter began his legal career with Hall Estill in 2008 in the Tulsa office and focuses primarily in the fields of real estate, finance and corporate transactions. During his career he has assisted in the representation of a variety of clients ranging from Fortune 100 companies to local small businesses and has been named a Rising Star in Real Estate Law by Super Lawyers. Romanow is located in the firm’s Denver office where he represents businesses and entrepreneurs with governance, operations and documentation needs. He advises commercial clients on financial and corporate transactions, and a number of business organizational matters, including formation and governance matters, litigation and event response, standards of conduct and internal investigations, regulatory and compliance matters and risk management.

Returning honorees in the “Corporate/Commercial” category were W. Chris Coleman and Joshua D. Smith. Timothy J. Bomhoff and J. Todd Woolery were recognized in “Energy & Natural Resources,” and J. Derek Hardberger, Robert J. Joyce and Garry L. Keele, II were honored in “Environment.”

Elizabeth Dalton, Michael E. Joseph, Terra Lord Parten, and Patricia Rogers were once again named in the “Healthcare” category.

Returning honorees for “Intellectual Property” were Rachel Blue, Clifford C. Dougherty, III, Michael J. LaBrie, Zachary A.P. Oubre, and Anthony Rahhal. “Labor & Employment” honorees were Courtney Bru, Michael F. Lauderdale, Brandon P. Long, Charles S. Plumb, Tony G. Puckett, W. Kirk Turner and Nathan L. Whatley.

Honorees for “Litigation: General Commercial” were Mary Quinn Cooper, William S. Leach and Drew Neville.

Ranked for “Real Estate” were Frank D. Hill, Robert L. Garbrecht, Lloyd T. Hardin, Jr., Myrna Latham, Joe C. Lewallen, Jr., and Cole Marshall

T. Michael Blake, Bonner J. Gonzalez, and Matthew B. Hickey returned as top-ranked honorees in the corporate area of “Tax.”

Researchers with London-based Chambers & Partners Publishing, publishers of the 2023 guide, conducted in-depth interviews of attorneys and clients throughout the United States to identify and rank the nation’s leading business lawyers. The final rankings are based on such factors as technical legal ability, professional conduct, client service, commercial awareness/ astuteness, diligence, commitment, and other qualities most valued by the client.

McAfee & Taft received top marks in the 2023 edition of the exclusive Chambers USA Guide to America’s Leading Lawyers for Business and was the only Oklahoma law firm to receive the top Band 1 ranking in all nine major categories of legal practice Corporate/ Commercial, Energy & Natural Resources, Environment, Healthcare, Intellectual Property, Labor & Employment, Litigation, Real Estate, and Tax.

Additionally, for the fifth consecutive year, McAfee & Taft was the sole Oklahoma firm to earn a Band 1 ranking in the category of Litigation.

In addition to firm honors, 38 McAfee & Taft attorneys

including three first-time honorees – were singled out for individual honors. Those named to the prestigious list for the very first time were Danae V. Grace (Corporate/ Commercial), Tony Mastin (Tax), and Patrick L. Stein (Energy & Natural Resources).

Ken Ray Underwood, Attorney at Law, announces the relocation of his office to:

The Petroleum Club Building

601 S. Boulder Ave.

Suite 802

Tulsa, OK 74119

The practice will continue to focus on representing people and families who suffer catastrophic injuries or loss of life from collisions, medical mistakes, nursing home neglect, defective products and dangerous premises. All referrals gratefully accepted and appropriately acknowledged.

Phone: 918-582-7447

Fax: 918-582-0166

Email: ken@ulawok.com

C lassified a ds

The Law Firm of ATKINSON, BRITTINGHAM, GLADD, FIASCO & EDMONDS is currently seeking an associate attorney with a minimum of 2 to 5 years of experience in litigation. The associate in this position will be responsible for court appearances, depositions, performing discovery, interviews and trials in active cases filed in the Oklahoma Eastern, Northern, and Western Federal District Courts and Oklahoma Courts statewide. Atkinson, Brittingham, Gladd, Fiasco & Edmonds is primarily a defense litigation firm focusing on general civil trial and appellate practice, insurance defense, medical and legal malpractice, and Native American law. Salary is commensurate with experience.

Please provide your resume, references and a cover letter including salary requirements to Carol J. Allen at callen@abg-oklaw.com.

ATKINSON, BRITTINGHAM, GLADD, FIASCO & EDMONDS is seeking an associate attorney with zero to five years of experience who is proficient in research and writing. Atkinson, Brittingham, Gladd & Fiasco is primarily a defense litigation firm focusing on general civil trial and appellate practice, insurance defense, medical and legal malpractice, and Native American law. Compensation and benefits package will be commensurate with the applicant’s experience. Applicants should submit a resume, writing sample and transcript to James N. Edmonds at jedmonds@ abg-oklaw.com.