November 2022 Tulsa Lawyer Magazine

Tulsa MagazineLawyer

Philip D. Hixon

A Message from the President 2022-2023

November Observances

Before I began my term as Association president, I had grand dreams of filling my corner of this publication with sage commentary and witty insight. Sometimes dreams die. Since I regularly delay drafting my “Message from the President” until the publication deadline, I’m always scrambling for content. In my case, scrambling for content effectively equals an attempt to transform my stream of consciousness into something moderately coherent.

Fortunately, November is home to All Saints Day, Election Day, Veterans Day, and Thanksgiving Day, among a host of other holidays many observed only in Texas: Father of Texas Day, Texas Arbor Day, Victims of Communism Day, and Texas Adoption Day. My comments on these holidays (sans the unusual Texas ones: how does one decorate for or celebrate Father of Texas Day?) do not reflect the views or opinions of the Association or anyone other than me.

All Saints Day (and its companion All Souls Day) is a religious observance commemorating the departed faithful. The Association doesn’t observe All Saints Day, but there is a law-related parallel. One of the most meaningful parts of the Oklahoma Bar Association Annual Meeting (which is also in November) is the

reading and remembrance of the members who have died since the prior year’s meeting. As is the case every year, the number and stature of the departed is humbling. This year, the GableGotwals family lost Judge Joe Morris and Jim Sturdivant—two good lawyers, two good men. Judge Keith Rapp also left us this year. His, like Judge Morris’, is an interesting history too rich to share in this limited space. God’s speed to them and all the others we lost this year.

Everyone is familiar with Election Day. It’s the opposite of All Saints Day, and you receive a jazzy sticker for exercising your civic duty. As James Madison observed, “But what is government itself, but the greatest of all reflections of human nature? If men were angels, no government would be necessary.” Not to be outdone, Will Rogers—born November 4, 1879—quipped, “We always want the best man to win an election. Unfortunately, he never runs.” Both Mr. Madison’s sage commentary and Mr. Rogers’ witty insight were on to something still relevant today.

In any event, as lawyers, we have, or should have, at least a peripheral role in the election process. By way of example, most citizens are unfamiliar with judicial candidates. To inform the electorate, Mr. Sturdivant used

to prepare a candidate cheat-sheet for those in his circle of influence to educate them about the candidates. I encourage our members to follow his example. For its part, the Association will host a forum this month for the one contested judicial election on the Tulsa County ballot this year and has encouraged members to volunteer as election monitors. Whether you lean red, blue, purple, green, or any other color along the spectrum, I encourage you to vote this Election Day (and display that jazzy civic duty sticker).

The national observance of Veterans Day dates to 1954 when President Eisenhower signed the bill changing the November 11 Armistice Day to the celebration we know today. The sacrifices of those who serve in uniform remains worthy of celebration. As in years past, the Association will participate in Tulsa’s Veterans Day parade. The Military and Veterans Committee will, again, be sponsoring its 28-day fitness challenge. Proceeds from the challenge will benefit the Tulsa County Veterans Treatment Court program. You may find more information on both events on the Association’s website or by calling 918-584-5243.

Thanksgiving Day has always been one of my favorite holidays—a time of gratitude for faith, family, friends, and raisin pie. (My wife has graciously carried on the latter tradition begun by my maternal grandmother.) I am thankful for the opportunity to serve as the Association’s president this year. I am also thankful for the fourteen young lawyers who are participating in the inaugural YLD Leadership Academy. The Academy is intended to accelerate leadership development for the Association and the community. I had the pleasure to spend a recent Saturday morning with the class exploring leadership styles. I am happy to report that future of the Association is in good hands.

Sincerely,

Join Us As We March & Honor Veterans

Philip D. Hixon

2022-2023 TCBA President

Friday, November 11th

• NEW! The TCBA will have a truck and trailer for the Veterans Parade!

•

7:00 am - Free breakfast at the VFW. 1109 East 6th Street Tulsa, OK

• 10:45 am - All TCBA volunteers & participants should meet at designated location no later than 10:45 am.

• TCBA will have a banner to march with.

• 11:00 am - Parade Kick Off with prayer/ salute and war birds.

• 12:30 pm The American Legion is hosting a complimentary BBQ Lunch at their Post

• Register at www.tulsabar.com or call 918-584-5243

TCBA HAS THE CLE YOU NEED!

The Origins of Veterans Day

In 1921, an unknown World War I American soldier was buried in Arlington National Cemetery. This site, on a hillside overlooking the Potomac River and the city of Washington, D.C., became the focal point of reverence for America’s veterans.

Similar ceremonies occurred earlier in England and France, where an unknown soldier was buried in each nation’s highest place of honor (in England, Westminster Abbey; in France, the Arc de Triomphe). These memorial gestures all took place on November 11, giving universal recognition to the celebrated ending of World War I fighting at 11 a.m., November 11, 1918 (the 11th hour of the 11th day of the 11th month). The day became known as “Armistice Day.”

Armistice Day officially received its name in America in 1926 through a Congressional resolution. It became a national holiday 12 years later by similar Congressional action. If the idealistic hope had been realized that World War I was “the War to end all wars,” November 11 might still be called Armistice Day. But only a few years after the holiday was proclaimed, war broke out in Europe. Sixteen and one-half million Americans took part. Four hundred seven thousand of them died in service, more than 292,000 in battle.

Armistice Day Changed To Honor All Veterans

The first celebration using the term Veterans Day occurred in Birmingham, Alabama, in 1947. Raymond Weeks, a World War II veteran, organized "National Veterans Day," which included a parade and other festivities, to honor all veterans. The event was held on November 11, then designated Armistice Day. Later, U.S. Representative Edward Rees of Kansas proposed a bill that would change Armistice Day to Veterans Day. In 1954, Congress passed the bill that President Eisenhower signed proclaiming November 11 as Veterans Day. Raymond Weeks received the Presidential Citizens Medal from President Reagan in November 1982. Weeks' local parade and ceremonies are now an annual event celebrated nationwide.

On Memorial Day 1958, two more unidentified American war dead were brought from overseas and interred in the plaza beside the unknown soldier of World War I. One was killed in World War II, the other

https://www.va.gov/opa/publications/celebrate_americas_ freedoms.asp

in the Korean War. In 1984, an unknown serviceman from the Vietnam War was placed alongside the others. The remains from Vietnam were exhumed May 14, 1998, identified as Air Force 1st Lt. Michael Joseph Blassie, and removed for burial. To honor these men, symbolic of all Americans who gave their lives in all wars, an Army honor guard, the 3rd U.S. Infantry (The Old Guard), keeps day and night vigil.

A law passed in 1968 changed the national commemoration of Veterans Day to the fourth Monday in October. It soon became apparent, however, that November 11 was a date of historic significance to many Americans. Therefore, in 1978 Congress returned the observance to its traditional date.

National Ceremonies Held at Arlington National Cemetery

The focal point for official, national ceremonies for Veterans Day continues to be the memorial amphitheater built around the Tomb of the Unknowns. At 11 a.m. on November 11, a combined color guard representing all military services executes “Present Arms” at the tomb. The nation’s tribute to its war dead is symbolized by the laying of a presidential wreath. The bugler plays “taps.” The rest of the ceremony takes place in the amphitheater.

Veterans Day ceremonies at Arlington and elsewhere are coordinated by the President’s Veterans Day National Committee. Chaired by the Secretary of Veterans Affairs, the committee represents national veterans organizations.

Governors of many states and U.S. territories appoint Veterans Day chairpersons who, in cooperation with the National Committee and the Department of Defense, arrange and promote local ceremonies.

Additional Information

Additional information on the history of Veterans Day, the Veterans Day National Committee, the national ceremony, a gallery of Veterans Day posters from 1978 to the present and a colorful and informative Veterans Day Teacher’s Resource Guide can be found on the Internet at http://www.va.gov/vetsday/

Animal Law Committee Annual Santa Paws Event

Holiday photos stressing you out while you try to round up the family and dress them like there is a blizzard outside just to have a cute photo for that Christmas card?

Tired of trying to convince your teenager that a safety pin through his eyebrow with a piece of mistletoe stuck through it was not what you meant when you told everyone to “dress festive” for the photographer?

The Animal Law Committee is here to help! Spruce up Spot and/or fluff up Fluffy and come on down to the TCBA office on Saturday, November 12th & 19th for a picture of them with Santa Claus!! The TCBA Animal Law Committee has arranged to have the festive tree background all ready for Santa’s helpers to assist you and your pet(s) on to Santa’s lap (we don’t care which one of you sits on Santa – but Santa might). You will receive digital photos via email so that you can pick which pretty pic of pooch you think that Aunt Edna would like best staring back at her in December! Book your appointments soon because this event fills up quickly and sessions need to be scheduled.

Holiday Photo Session

VP'S CORNER

Stephanie Jackson

TCBA Vice President 2022-2023

It's Fall!

It’s Fall! This is one of my favorite times of the year. As summer turns into fall and bright foliage surrounds our beautiful city, it is a reminder of how breathtakingly beautiful change can be. When seasons change in nature, it brings in opportunities to see something new, do something, or make something new. The same holds true for us when seasons change. It brings with it new opportunities and a lot of times new connections.

If you really sit back and think about it, just like the landscape around us is changing, we are also changing every day. Each day, no matter how small the change may be, we are growing, maturing, and changing. Maybe you have taken on a new hobby, or you’re playing a new sport with friends, or leaving your firm to hang your own shingle to start the firm you’ve always dreamed about. Whatever the change is that is happening in your life, I hope you embrace it and let it fortify you into to reaching your wildest dreams. Many of us tell our children, mentees, or clients to think big, or to reach for the stars. Let’s take our own advice this fall and reach for the stars, because we might just land on the moon!

If you want to start that cooking class, do it! If you want to learn how to play Pickleball, do it! If you want to join the TCBA’s Veteran Committee’s Fitness

Challenge (hint! hint!), do it! Be the change you want to see. I hope this season is epic for each and every one of you.

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

How Hobbies Improve Mental Health

By Emma Parkhurst, Professional Practice Extension Assistant Professor

Introduction

Mental health can be impacted by many different things, from life-changing events to everyday tasks. And while there are many strategies we can actively engage in to improve our mental health, an often-overlooked factor is spending time on an activity that you enjoy – otherwise known as a hobby.

What “counts” as a hobby?

A hobby can be any activity done regularly during spare or leisure time for pleasure. Whether you do something creative, athletic, academic, or something more individualized, what really matters is that it is something you find meaningful and enjoyable. Hobbies can range from spending quiet time alone, visiting or eating with others, communing with nature, playing sports, and even vacationing. When we dedicate time to voluntarily engage in pleasurable activities, research shows our mental health can flourish.

Some mental health benefits of hobbies:

• Reduced stress: participating in activities during leisure or spare time has been shown to reduce stress levels. For instance, one study showed approximately 75% of participants’ cortisol levels (one of the most widely studied hormonal markers of stress) were lowered after making art. Don’t consider yourself to be an artistic person? That’s okay! This study also showed that prior experience wasn’t needed to reduce stress.

• Enhanced well-being: a study in New Zealand found that engaging in creative activities can lead to an improved sense of wellbeing that may have long lasting effects. Participants felt a higher positive affect or mood and a sense of flourishing after days where they engaged in a creative activity.

• Improved social connection, decreases in depression and anxiety: while there are many mental health benefits related to hobbies on your own, group or ‘team’ hobbies have also been shown to provide important opportunities for social connection, friendship and support. Research also shows that adults who regularly participate in some kind of team sport are less likely to experience symptoms of depression, anxiety, or stress.

• Improved mental health: hobbies that include physical activity have been linked to many health benefits including reduced stress, reduced blood pressure, and a lower heart rate. But if you take physical activity outside, there are many additional positive benefits. Experts agree that spending as little as 10 minutes in nature can lead to improved mood, focus, and overall wellbeing.

Tips to make time for hobbies:

A common barrier that seems to make it difficult to do the things we love is TIME. When it comes to how our lives are typically structured, work tends to come before play. And although many of us feel like there isn’t enough time in the day for hobbies, there are changes we can make to help find and spend free time doing the things we love:

1. Rather than trying to find ‘hobby time’ every day, try thinking of time in weeks to discover extra time hidden in your schedule. Dedicate a few hours for something you enjoy each week. Still struggling to find time for fun? Take a step back and say ‘no’ (or delegate) to lighten your load and make space for hobbies.

2. There are many times during the day we may find ourselves in autopilot mode. It’s easy to lose track of time doing mindless things like checking social

media or watching television. Tune in to how you’re spending down time, whether it’s in the morning or evening, and consider how you might use that time to indulge in something you enjoy.

3. More and more research supports taking ‘micro breaks’ during the work day to increase overall productivity. Take advantage of these short breaks throughout the day to do something that brings you joy, like taking a walk outside, listening to your favorite podcast or music, reading a chapter or two of a good book, or visiting with others.

References

• Conner, T.S., DeYoung, C.G., & Silvia, P.J. (2018) Everyday creative activity as a path to flourishing, The Journal of Positive Psychology, 13:2, 181-189, DOI:10.1080/17439760.2016.1257049

• Ewert, A., & Chang, Y. (2018). Levels of Nature and Stress Response. Behavioral sciences (Basel, Switzerland), 8(5), 49. https://doi.org/10.3390/ bs8050049

• Kaimal, G., Ray, K., & Muniz, J. (2016) Reduction of Cortisol Levels and Participants' Responses Following Art Making, Art Therapy, 33:2, 74-80, DOI: 10.1080/07421656.2016.1166832

• Takeda, F., Noguchi, H., Monma, T., & Tamiya, N. (2015). How Possibly Do Leisure and Social Activities Impact Mental Health of Middle-Aged Adults in Japan?: An Evidence from a National Longitudinal Survey. PloS one, 10(10), e0139777.

• American Psychological Association https:// www. apa.org/monitor/2019/01/break

• http://www.roymorgan.com/findings/yet-anotherreason-sport-is-good-for-you-201503162219

About the AuthorEmma Parkhurst, MS, CHES

Emma is an Extension Assistant Professor of Health & Wellness for Utah State University Extension in Davis County, and is a certified health education specialist. She is passionate about helping others improve the quality of their lives using a holistic approach to health and wellness. She earned her bachelor’s in Kinesiology from Colorado Mesa University, and her master’s in Health Promotion and Education from the University of Utah.

This article is reprinted with permission. Originally printed 10/25/2022, Utah State University Extension. https://extension.usu.edu/ mentalhealth/articles/how-hobbies-improvemental-health.pdf

JOIN US! The TCBA Law Day Committee meeting will be held at the Bar Center on Tuesday, Nov. 8th at 12PM.

We will be planning 2023 activities including Ask-aLawyer, the Student Writing and Art competition, the First Responders Will Project and more!

Please join us to contribute your ideas and participate!

RSVP to tamiw@tulsabar.com

A BOOK REVIEW:

By Christopher M. Scaperlanda1, Katie G. Crane2 and Michael K. Avery3 of McAfee & Taft

BUSINESS AND COMMERCIAL LITIGATION IN FEDERAL

COURTS, 5TH EDITION

Robert L. Haig, Editor in Chief4

Business and Commercial Litigation in Federal Courts is a multivolume treatise that provides a comprehensive treatment of federal court practice through all phases of litigation from initial investigation, preparation of pleadings, motions, and discovery to trials, appeals, settlements, and enforcement of judgments. Now, editor in chief Robert L. Haig of Kelley, Drye, and Warren, LLP expanded upon this treatise that now includes 180 chapters, with 17 additional chapters of new materials authored by highly regarded federal practitioners and noted jurists. In July 2018, we reviewed the 4th Edition, so we chose several chapters from the 5th Edition of Business and Commercial Litigation in Federal Courts that we believe reflect current and developing areas of practice for our new review.

Corporate Sustainability and ESG

In a new chapter, the Treatise addresses the emerging body of law concerning corporate responsibility and ESG, or “Environmental, Social and Governance.” As eloquently stated by the Treatise, ESG is the lens

through which investors, directors, and policymakers “evaluate corporate responsibility for climate change, wealth disparity, racial injustice, inadequate diversity in positions of economic leadership, workplace safety, and sexual harassment.”

In litigation, ESG cases fall into a variety of categories, including consumer protection claims, securities fraud, and breach of fiduciary duty claims.

Insofar as consumer protection claims, such lawsuits, usually brought as class actions, challenge “greenwashing,” or when companies make false or misleading claims about their environmental or sustainability practices. For example, in Smith v. Keurig Green Mountain, Inc., 393 F. Supp. 3d 837 (N.D. Cal. 2019), highlighted by the Treatise, class allegations are pending as to whether Keurig falsely mislabeled their coffee pods as “recyclable.”

Another area where ESG has surfaced recently in the litigation context is in cases alleging securities fraud violations. The Treatise points to cases in which,

in the wake of #MeToo, class actions or derivative suits have alleged that a corporation covered up harassment or abuse or failed to truthfully disclose how it handled such allegations. For example, in Construction Laborers Pension Trust for So. Ca. v. CBS Corporation, 433 F. Supp. 3d 515 (S.D.N.Y. 2020), investors alleged that CBS concealed a “dark history of sexual misconduct . . . that posed material business risks to the company.” The court dismissed most of the allegations in the complaint, but found that the investors had stated a claim insofar as Mr. Leslie Moonves statement at an industry event that “[#MeToo] is a watershed moment . . . . Its important that a company’s culture will not allow for this.”

ESG and its attendant litigation may be new, but the Treatise’s new chapter emphasizes what companies already know in this new context—any public statement by any company representative must be thoroughly vetted for accuracy. As ESG litigation makes clear, this is especially true insofar as statements concerning hot topic issues, like climate change, diversity, and sexual harassment.

Virtual Currencies

The Treatise devotes an entire chapter to an area that has dominated the headlines in recent years— virtual currencies. The Treatise’s goal in the new chapter is to assist attorneys in assessing and managing this legally complex area, because if you have not yet dealt with one of myriad issues that can arise in this landscape—you are likely to.

Besides providing a helpful background on what, exactly, virtual currency is, and the terminology surrounding it, the Treatise dives into the regulatory framework, which in some cases, will determine the nature of the virtual currency claim itself. In short, the SEC has determined that the federal securities laws may apply to virtual currencies and blockchain technologies. The SEC has declared that the test from SEC v. W.J. Howey Co., 328 U.S. 293 (1946), will be used to determine whether the currency at-issue meets the definition of a security. Other regulators, and their attendant regulations to be aware of, include the CFTC, FinCen, and DOJ.

The caselaw in the virtual currency case is rapidly developing, but thus far, has followed a fairly prescriptive formula, i.e., an individual or entity that

purchased the currency or the SEC has brought suit for suspected securities law violations. Because of the nature of these disputes, which oftentimes involve foreign companies or companies operating without any discernable location, jurisdictional defenses characterize early motion practice. For example, in Shaw v. Vircurex, 2019 WL 2636271 (D. Col. 2019), the court applying the Tenth Circuit’s test for personal jurisdiction found that the court lacked jurisdiction over the out-of-state defendant because, inter alia, the defendant facilitating the plaintiff’s cryptocurrency purchases was insufficient to show continuing relationships with forum residents.

The Treatise also details issues that might arise with cross border discovery and the admissibility of block chain records, all with the caveat that this is an emerging area of law and will see a lot of growth and development in the coming years assuming virtual currencies are here to stay. Chapter 13 comprehensively discusses relevant differences between litigating business disputes in Federal Court and in Delaware state court. Given the number of businesses incorporated under Delaware law—and the relative frequency of operating agreements, partnership agreements, and bylaws containing forum selection clauses mandating that disputes related to the running of the business be brought in Delaware—Chapter 13’s careful look at the relative merits of litigation in the two court systems is welcome.

Comparison with Business and Commercial Litigation in Delaware Courts

Chapter 13 is, for the most part, exceedingly practical. In addition to a general rundown of the way the Delaware court system is structured (the book assumes a working knowledge on the part of the reader as to federal court structure), the Chapter contains a number of helpful tips for practitioners in Delaware court. For example, Chapter 13 notes that Delaware’s deadline for electronic filings is 5 pm (and not midnight, as it is in Federal Court).

The Chapter also contains an extended description of Delaware state courts’ expedited litigation procedure—one of the chief benefits (or, depending on your position, drawbacks) of litigating in Delaware state court. The chapter describes, inter alia: the circumstances in which it is appropriate to move for the expedited procedure; when in the life of the case such a motion should be filed, and what should

be included in the motion. It even contains a sample expedited scheduling order.

That said, Chapter 13 does contain sections that (in this reviewer’s opinion) could have been omitted. Is it really necessary to explain to readers (presumably mostly lawyers) that only admitted Delaware attorneys can practice in Delaware absent pro hac vice admission, or that even pro hac attorneys are bound by Delaware’s rules of professional conduct? For that matter, it is necessary to spend more than a page explaining what pro hac vice admission is? Still, these excess subsections aside, Chapter 13 will be an important resource for attorneys deciding whether to litigate their dispute in Delaware in Federal or state court.

Corporate Litigation Reporting Obligations

Chapter 89 is a niche chapter that will be of interest only to lawyers representing public companies that are involved in litigation, as its sole purpose is to describe the relevant reporting obligations when a public company is sued. For the average Oklahoma attorney, Chapter 89 will therefore likely not be of use often. However, given how extensive the various reporting obligations are—and how important it is that they be complied with—Chapter 89’s reporting obligation “road map” will be extraordinarily helpful for any attorney who finds themselves in that situation.

Chapter 89’s structure lends itself to easy reference. It is generally divided into sections based on the entities to which a company might be required to report (e.g., the SEC, private parties, industry regulators, accounting firms, etc.) and then further into subsections describing the specific obligations as to each entity. What is more, the Treatise helpfully peppers Chapter 89 with frequently-asked-questions, to make it even more user friendly. As a result, while Chapter 89 will only infrequently be of use to Oklahoma practitioners, when it is of use it will be essential.

Shareholder Activism

Chapter 97 of the Treatise focuses on and is titled “Shareholder Activism.” In this Chapter, the Treatise “focuses on the ways in which shareholder activism campaigns may lead to litigation in federal courts, as well as various legal and strategic considerations involved when such litigation occurs or is contemplated.”

As the Treatise notes, historical shareholder activism was primarily “focused on capital allocation issues (such as dividends and share buybacks) and strategic considerations (including the sale or spinoff of specific assets or divisions, or company combinations involving the whole company) to maximize shareholder value in the near-term . . . .” Notably, however, “a new world of activism has emerged with a greater focus on operational improvements and stakeholder activism.” This, it is explained, has been the “result of increasing capital flows to passive-strategy funds . . . which primarily have a long-term focus . . . .”

Bearing this long-term focus in mind, the Treatise observes that “[i]n recent years, activists have increasingly shifted their focus to the governance practices of a target company, including features such as the average tenure of the directors serving on the board, lack of diversity, the takeover defense profile of a target company (which can hinder progress for other activism goals) and the target company’s environmental and social impact.” And while this has represented a material change in the substance of shareholder disputes, it is also important to know that from a procedural perspective, “activists no longer necessarily need to accumulate a significant stake in a target company in order to achieve their objectives” given that “[s]hareholders now enjoy increased access to the proxy process and can therefore influence governance more easily thanks to initiatives by institutional shareholders like the New York City Pension Fund’s Boardroom Accountability Project.”

Against this emerging backdrop of shareholder activist motivations and the processes available to them, the Treatise walks the reader through the nuts and bolts of typical shareholder activist litigation and important strategy considerations to bear in mind in connection with bringing and defending such lawsuits.

Valuation of a Business

Chapter 100 of the Treatise addresses common litigation issues related to the “Valuation of a Business.” One particularly interesting topic addressed in this Chapter is the question of what type of expert counsel should retain to value a business and/or attach the valuation offered by the opposing side. As the Treatise explains, “[p]ractioners should consider whether the company being valued is in a unique industry requiring and expert with specialized knowledge of that industry,”

noting that while some federal courts have deemed this a requirement in certain instances, others have instead ruled that the presence of absence of such qualifications goes only to the weight of the opinion offered by the expert.

In subsequent parts of this Chapter, the Treatise goes on to address additional valuation considerations, offering helpful tips on how to assist in the valuation method of counsel’s expert, as well as areas of potential vulnerability to be used in attacking the other side’s expert, and many other topics.

1 Christopher M. Scaperlanda is a Shareholder with McAfee & Taft as a trial and appellate lawyer whose state and federal litigation practice encompasses a broad range of commercial matters, including those involving trust and estate disputes, securities claims, directors’ and officers’ liability, contract disputes, and other complex business litigation.

2 Katie G. Crane is an Associate with McAfee & Taft as a trial lawyer and former federal law clerk whose commercial litigation practice encompasses complex business disputes, class actions, securities litigations, internal and government investigations, and white collar criminal defense.

3 Michael K. Avery is Of Counsel with McAfee & Taft as a trial lawyer whose state and federal practice focuses on general civil litigation, including complex business litigation and appeals.

4 Robert L .Haig is a Partner with Kelley, Drye & Warren, LLP, focused on focuses on commercial and other types of civil litigation in the federal and state courts of New York at both the trial and appellate levels. He has written and lectured extensively on various litigation and dispute resolution topics, as well as being the editor in chief of two definitive treatises on business litigation in federal and New York state courts.

5 Business and Commercial Litigation in Federal Courts, 4th Edition, included 153 chapters, which was an increase of 25 chapters of new materials over the previous 3rd Edition.

Veterans Day is a good time to remember that our freedom isn’t guaranteed. It’s protected by the men and women in all branches of our Armed Services. To those who secure our way of life…

Judicial Swearing In & Gavel Presentations

Monday October 10th

On October 10th, District Court Judge William LaFortune presided over the swearing-in of Special District Judge Loretta Radford before the Tulsa County District Court. Judge Radford’s son, Samuel Lee Terry, also a lawyer who practices in Texas, was present and assisted his mother with her robe.

Judge Radford is from West Tulsa and was the 11th child of 15 children. She was sworn in on the Bible that was given to her mother by her sister, both of whom are now deceased.

TCBA president Philip Hixon presented the ceremo nial gavel to Judge Radford and gifted Special District Judges Tanya Wilson and Mary Ann Godsby with cer emonial gavels as well. Due to the pandemic, these two judges were not able to have in-person ceremonies and missed receiving their gavels. The TCBA is proud to welcome these Judges to the bench.

Lawyers Helping Lawyers

• Oklahoma City Meetings 6-7:30 p.m. on the dates listed below. 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.

Meeting Dates: Nov. 3, Dec. 1.

• 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: Nov. 10, Dec. 8.

Veteran Spotlight

Milford M. "Mac" McDougal

1922-2022

Mac McDougal celebrated his 100th birthday on July 4th, 2022. Born July 4, 1922 in Clovis, California, he passed October 2, 2022 in Portland, Oregon.

Here we wish to share a little about Judge McDougal's life and express our thankfulness for his service as a Veteran and to the legal community. Thank you to his daughter, Bryn and the Cherrywood Village Retirement Community in Portland, Oregan for sharing with us.

Mac was in the audience for the last Molli Paige concert in which she began with music from the 20's. This pleased Mac since he was born in that decade. He has always loved music and sang as a boy soprano in his church choir until he was 16 years old.

Many years later he was working as a bookkeeper at the Alisal Guest Ranch near Solvang, California. Luckily for him, his model baritone, Nelson Eddy, and Jo Stafford were guests, and Mac was permitted to sing duets with them.

Then came WWII, a delayed education, marriage and again choirs when he was 60 years old in Tulsa, Oklahoma, then Summerplace and CherryWood Village.

Mac began his service to his country in the Army in WWII as a Liaison Pilot and as an Army Aviator in the Korean Coinfict. Seeing action in combat in Leyte, an island in the Philippines, and on Okinawa, earning two Purple Hearts, two Air Medals and a promotion to Captain. Upon release from active duty, he earned a BS Degree in accounting.

While attending the Oklahoma Baptist University, he met his wife, Murrel Goetz. Since he had remained in the Army Reserve, combat action in the Korean War was inevitable. When he did resume his civilian life, he earned an LLB degree from the University of Tulsa Law School. A respected District Judge, he was re-elected repeatedly without opposition. He served in the Probate Division until his retirement to private practice in 1983, still being called "Judge Mac"

At ages 73 and 70, he and Murrel built their "retirement home" of 3,700 square feet with a 900 square foot garage in Oklahoma. They enjoyed it for only 10 years, when circumstances dictated they should move close to their daughter, Bryn and her sons Drayden and Callan. It was difficult in 2006 leaving both a conservative state and their completely handicapped-accessible home. They moved to Portland and initially bought a house in Summerplace. In 2016 they downsized again to their current cozy apartment in the Greens at Cherrywood Village.

Thank you Judge McDougal for your contributions and sacrifices to our nation. You will be remembered with great respect!

CHALLENGE

Court

They say it takes anywhere from 21 to 28 days to form a new habit. The 28-Day Virtual Fitness Challenge is a commitment to making physical health a priority. There are no rules or stipulations around how you should or can do that. The purpose of this challenge is to help give participants the opportunity to set healthy goals, maintain momentum and motivation and to provide accountability for those who dare to participate. This challenge is also an opportunity to recognize and honor the continued success and commitment the Tulsa Veterans Treatment Court has provided to so many of our veterans over the last 14 years.

ABOUT THE CHALLENGE!

The 28-day Virtual Fitness Challenge will officially kickoff on Veteran’s Day, November 11, 2022. Registration for the event began mid-October, and participants may continue to register until December 9, 2022. After December 9th, registration for the event will be closed. The Fitness Challenge itself will consist of 5 different physical challenges (push-ups, sit-ups, burpees, planks, and a walk/run/combo) each with a varying level of difficulty depending on your current fitness level, and each increasing in intensity over the course of 28 days. Participants can elect to do any or all of the challenges, there are no restrictions as to what or how much you have to do. The goal is simple- make it through your 28 days.

HOW DO I SIGN UP?

Registration is $30 per person, and you can sign-up online at www.tulsabar.com or by contacting TCBA Staff at 918-584-5243.

Proceeds will benefit the Tulsa Veterans Treatment Court and all registrations will receive a #TCBAVETS 28 Day Fitness Challenge t-shirt while supplies last.

WHAT HAPPENS AFTER I SIGN UP?

Following registration, you will receive 28-day calendars for all 5 of the events, each listing the daily exercise goal you should try to accomplish. Again, you can do as many of the challenges as you want. This is a virtual challenge so, you are encouraged to post pictures and/or

Learn more about the Veteran's Treatment Court here....

https://issuu.com/tulsacountybarassoication/ docs/10-21_tl_web/18

videos of your daily challenge experience directly to the TCBA’s social media using the tag #TCBAVETS. This will be a great way to share your daily success, encourage and support others, and help spread the Fitness Challenge online. So be sure to tag your friends! You will also receive email updates and invitations to some of our virtual and/or in-person events, to include the Fitness Challenge kickoff and joining us in the 2022 VFW Veterans Day Parade on Friday, November 11th.

TCBA Bankruptcy Section

AFFINITY BAR MIXER - AUGUST 30TH

On August 30th the TCBA Diversity Committee hosted a Mixer for affinity Bars and several affinity groups were represented in the crowd. Members and guests enjoyed cocktails & hors d'oeurves from Justin Thompson catering. Are you a member of an affinity bar? Tell us about it!

Contact Tami Williams at tamiw@tulsabar.com. The TCBA would love to partner with other bar associations from across the state.

Law Day 2023 is in the Works!

The 2023 Law Day theme will be "Cornerstones of Democracy: Civics, Civility, and Collaboration." And the Law Week Committee invites all the members of the Tulsa County Bar Association to join in rebuilding trust in our institutions, respect for one another, and our willingness to collaborate to address the challenges that face our nation.

In recent years, tensions in our democratic system have revealed deep divisions in American society. These divisions are aggravated by incivility in public discourse and insufficient understanding among many people about the Constitution and the way American government works. Together, however, we can collaborate to overcome our differences, resolve our disputes, and preserve our democracy and republic. To that end, we call on members of the legal profession to lead the way in promoting civics, civility, and collaboration - the cornerstones of our democracy.

If you are interested in helping plan 2023 law day activities please contact the Bar Association. This year’s activities will include the First Responder Will Project, Ask-a-Lawyer, a Student Writing & Art competition, the Lynn Miller book club, and the luncheon.

Get Ready...The Lynn Miller Law Day Book Club is Making Plans for 2023!

Mark your calendars and watch Tulsa Lawyer for updates and more information.

Sessions will be virtual with registration limited to 15 and prior registration is required. You may register by emailing Martha.carter@oscn.net for members and up to one guest per member.

January - Suspect

Author - Scott Turow

Date - January 19th, Tulsa County Bar Center

5:30pm-6:30pm

Discussion Leader - Judge Rebecca Brett Nightingale

Judge Nightingale began her law school career learning everything there is to know about law school by reading One L by Scott Turow. Fast forward a few years…now Judge Nightingale will be leading a discussion about Scott Turow’s latest book, Suspect Magic City Books has ordered extra copies of the book so that you can support your local book exchange with your purchase. I look forward to talking books in January.

February - Where the Crawdads Sing

Author - Delia Owens

Discussion Leader - Wendy Drummond

Date - Tuesday, February 7 at 5:30 pm, Drummond Law, 1500 S. Utica, Suite 400, Tulsa.

Wendy Drummond specializes in employment and entertainment law. Additionally, Wendy served as CEO of a wireless company for seven years and founded a Human Resources outsourcing company. Wendy is passionate about community involvement and focuses on non-profits serving women, children and the arts.

Participants for February are asked to read this article: https://www.theatlantic.com/books/archive/2022/07/ where-the-crawdads-sing-delia-mark-owens-zambiamurder/670479/

MORE DATES & TITLES TO BE ANNOUNCED IN DECEMBER TULSA LAWYER.

Veteran Member Spotlight

Sharon Holmes, Tulsa Co. District Judge

With Veterans Day upon us, our editorial staff pondered who in the ranks of the TCBA we could interview about their time in military service. Judge Sharon Holmes joined the U.S. Air Force in January 1982 after receiving her degree in German language and literature from Loyola University in New Orleans. One could say it began her career in service of the law.

She became part of the police and security unit after receiving her first duty station at Malmstrom Air Force Base in Montana. During her time at Malmstrom, she worked in both law enforcement and missile security on base. Malmstrom is home to the 341st Missile Wing, one of three U.S. Air Force bases that maintains and operates the Minuteman III intercontinental ballistic missile (ICBM), and is part of Air Force Global Strike Command.

Next, she would get to put her German language to use, as her duty station changed from stateside to Germany, arriving at Bitburg Air Base, in the Eifel Mountains of the Rhineland-Palatinate (RhinelandPfalz). Bitburg Air Base was built in 1952, and it became the home of the 36th Fighter Wing for over 40 years.1 Judge Holmes provided security for the armory and weapons depot before her final assignment.

Beginning in 1985, Judge Holmes provided base and weapons security at Rammstein Air Force Base, also located in located in the German state of RhinelandPalatinate. Ramstein is the largest American community outside of the United States. She honorably discharged in July 1988 after six and a half years of service with the U.S. Air Force.

Asked for any fond memories of her time in the USAF, Holmes recalled “President Ronald Reagan arrived in 1985 while was stationed at Bitburg, and I served as the liaison for base security with his security team.” In checking the Reagan library information, this would have been in May 1985 following the G-11 Conference, after the President had given his speech at the Bergen-Belsen Concentration Camp where he “declared we must not forget & we must pledge, ‘never again.’ ”2 Thanking her for her service, Judge Holmes responded, “it was my honor to serve”, echoing the same quiet humility she displayed when I previously interviewed her in February 2015.

Thank you to all of our TCBA Veterans for past and present service to our Nation.

1 The location of Bitburg Air Base had previously been a staging area during World War II for the Wehrmacht during the Battle of the Bulge in 1944. The United States Base Realignment and Closure Commission (BRACC) recommended its closure, which returned it to the Ger man government in 1994.

2 Diary Entry - 05/05/1985 | The Ronald Reagan Presidential Foundation & Institute (reaganfoundation.org)

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

Emily Duensing

Aubra Drybread

Grapevine News

Crowe & Dunlevy, which recently celebrated its 120th anniversary, will soon be celebrating another milestone when it becomes the first tenant to occupy office space in the 222 N. Detroit Building in Tulsa.

Crowe & Dunlevy expects to open its doors to the new space Sept. 26. The firm will occupy more than 34,000 square feet on the building’s sixth floor.

Teaming with Tulsa-based KKT Architects and Flintco, the law firm designed and built space that prioritizes functionality, technology and efficiency while also promoting connectivity and comfort. The firm shifted its focus from the traditional heavy allocation of square footage to individual offices and toward work café and other connection spaces facilitating collaboration and interaction among its team and visitors. The space will also include a gallery for the collec tion of works by Tulsa artists the firm has accumulated during its 30 years of supporting their efforts.

The firm’s new address will be 222 North Detroit Avenue, Suite 600, Tulsa, OK 74120 and its main telephone number will remain (918) 592-9800.

Hall Estill with offices in Tulsa, Oklahoma City, Denver and Northwest Arkansas, announces the addition of Collin Walke as Special Counsel in the Oklahoma City office. Walke will be de veloping and leading the firm’s Cyberse curity & Data Privacy practice.

“We welcome the unique skill set and dedication Collin brings to our practice and clients,” says Steve Ray, managing partner for Hall Estill. “Collin’s experience in cybersecurity and data privacy law, along with his extensive community in volvement, makes him a perfect addition to our team.”

Walke primarily practices in the cybersecurity and data privacy, litigation, healthcare and general corporate areas. Prior to joining the firm, he served in the Oklahoma House of Representatives (2016-2022) as the State Representative for House District 87. While in the House, he authored compre hensive “opt-in” data privacy legislation to ensure consumer data privacy. He earned his undergraduate degree from Okla homa State University and his J.D., magna cum laude, from Oklahoma City University School of Law.

Walke has been named a “40 under 40” by the Okla homa City Gazette and the Journal Record. In addition, he continues his service to the community as a member of the Board of Directors for City Rescue Mission, the Oklahoma Autism Center Foundation and the Advisory Committee for Oklahoma City Community College’s EMS program.

The Tulsa law firm of Atkinson, Brittingham, Gladd, Fiasco & Edmonds announces that Jon Paul (“JP”) Ray has joined the firm as an associate.

JP Ray graduated from the University of Tulsa College of Law in 2021, after earning a B.S. in Business Management and competing on the Men’s Golf team at Central Christian College of Kansas in 2018. While in law school, Mr. Ray was a member of the Faculty Honor Roll and served as the President of the Student Bar Association, Executive Director of the Board of Advocates, Student Ambassador of the Admissions Office, and Treasurer of the Black Law Students Association. He placed in numerous Board of Advocates trial competitions and was awarded the R. Steven Chandler Award.

Mr. Ray is a member of the Oklahoma Bar Association and currently practices civil litigation.

Kimberly Lambert Love, Partner with Titus Hillis Reynolds Love, was recently named 2023 Lawyer of the Year – Labor Law – Management by The Best Lawyers in America. This recognition is awarded to the attorney with the highest overall peer feedback for each specialty area and location. With over thirty years of experience, Ms. Love has represented employers in all aspects of employment and labor law including litigating class action suits and claims of discrimination, harassment, and retaliation. She frequently conducts corporate and workplace investigations into allega tions of harassment, discrimination, retaliation, and ethical misconduct.

Doerner, Saunders, Daniel & Anderson, LLP (DSDA) is pleased to announce the addition of attorney Kensey R. Wright. She joins the firm’s Tulsa office as part of DSDA’s Family Law Practice Group.

“The addition of Kensey plays an important role in the expansion of our Family Law team, which has doubled in the last few years and allowed us to bring more value to our clients,” said Tom Q. Ferguson, managing partner of DSDA. “Clients can receive legal counsel on a variety of Family Law matters, including mediation and collaborative dispute resolution, divorce, alimony support, adoptions,

guardianships, parenting coordination, premarital and prenuptial agreements, child custody matters, and child support related matters.”

Kensey joins DSDA as an attorney of counsel and brings nearly 10 years of experience in the areas of Family Law and Civil Litigation. She is known as an aggressive advocate for clients and has been honored consecutively since 2017 for her legal accomplishments by Super Lawyers® as a Rising Star. Kensey received her Juris Doctorate from the University of Tulsa College Law and earned her Bachelor of Arts degree with honors in Government from New Mexico State University.

Did You Know?

The Tulsa Police Department has The Downtown Initiative?

"It includes enforcement and community policing efforts, including opportunities to connect with Downtown businesses and residents to provide information and assistance with current issues in the Downtown area."

Housing Solutions:

Housing Solutions Outreach provides housing fo cused case management to individuals experiencing unsheltered homelessness. 918-956-0534

Downtown Ambassadors: The team works seven days a week to ensure Downtown is clean, vibrant, and welcoming to everyone. Their goal is to improve Downtown with enhanced cleaning, safety, and beautification services, which are made possible by Downtown Tulsa property and business owners. 918-202-4093

Tulsa 311: Call 311 or the Mayor's action line at 918-596-2100 Services include: homeless camp clean up, code enforcement, trash accumulation clean up, overhead street light/traffic light outages, parking issues, potholes, street signs, broken water lines, and graffiti on city property.

Two dedicated specialty units assigned to Down town. AM & PM impact units.

Focused on Downtown's public safety needs. For more information reference a No Trespassing letter please email tpdimpact@cityoftul sa.org or go to www.tulsapolice.org under Hot Topics and click on No Trespassing Form.

Information from Tulsa Police Department Downtown Initiative flyer.

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 Ext. 1001

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 Director at Large (1) Large Firm.................................Natalie Sears Director at Large (2) Large Firm.......................... Austin Birnie Director at Large (1) Medium Firm..................................Kara Pratt Director at Large (2) Medium Firm.................. Jennifer Struble Director at Large (1) Small Firm.................................. Mark Smith Director at Large (2) Small Firm...........................Linda Morrissey Director at Large (2) Public Sector.........................Hon. Ann Keele ABA Delegate............................................................. Molly Aspan OBA Delegate................................................................Rick White Library Trustee

Hon. Doug Drummond Chief Judge, U.S. District Court

John F. Heil, III Chief Judge, Tulsa Municipal Court..........Hon. Gerald Hofmeister TU Law School Student Representative............... Matthew Blewitt

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 Fee Arbitration............................................................Gary Crews Law Related Education......................................Kimberly Moore Lawyer Referral .............................................. .......Karen Wilkins Membership Services....................................................Kara Pratt Mentoring ......Shena Burgess

David Guten