Building a New Career Transactional Paralegals Why Cybersecurity Matters
LegalLegal Careers Insight Careers
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TULSA LAWYER
In this Issue
A Message from
Matt Farris
March 2017
2016-2017 TCBA President
4 Section News
2017 TCBA FREE CLE April 21st Details on page 10!
7 Member Benefits You need to know about!
8 VP's Corner Anne Keele
9 Live Local, Give Local 11 Paul Davis-
Insight
Building a New Career
Legal Career Choices
By Tony Blair
15 Tee Time! Golf Tourney Registration 16 Transactional Paralegals An Invaluable Resource
By Karlyn Apon
19 Law Week Luncheon Registration
20 Judge Terrence C. Kern OSU Hall of Fame 22 The Employee’s Role in Cybersecurity By Tom C. Vincent II 25 TCBA Nominations 28 Grapevine
27 Workplace Harrasment 31 Classifieds Tulsa Lawyer 1
A Message from the President
Matthew S. Farris UPDATES FROM THE ABA MIDYEAR MEETING Greetings from Miami! And by referring to Miami I mean the city in South Florida as opposed to the town in northeast Oklahoma, in case you were wondering.
social media by bar leaders and associations, embracing technology for the modern legal practitioner, new member outreach and member retention initiatives, crisis communication for bar associations, effective Board governance, effective partnerships between bar staff and their Boards, increasing the benefits and value of a bar association membership, and several other relevant topics to the day to day business of bar associations. Although the conference includes representatives from national, state and local bar associations, Friday’s breakout sessions concluded with a round table discussion limited to metro bar associations from across the country – many of which are similar in size and scope to the TCBA – addressing issues common to the operation of voluntary bar associations and strategies to advance the associations’ missions. From my discussions with other bar leaders, the TCBA encounters striking similar challenges that other highly functioning and historically successful bar associations (e.g., the Indianapolis Bar Association and the San Diego Bar Association) face in modern times. That said, the executive directors and leaders of historically successful bar associations I spoke with agree that their associations must adapt and change with the times in order to remain relevant and successful.
As I draft this article for the March Tulsa Lawyer issue, TCBA President-Elect Christina Vaughn and I are representing the association at the National Conference of Bar Presidents (“NCBP”) meeting held in conjunction with the 2017 American Bar Association MidYear Meeting. The NCBP was founded in 1950 for the purpose of providing information and training to state and local bar association leaders, and its primary mission has not changed in 67 years as the NCBP strives to provide high-quality programming to current Friday and Saturday’s plenary sessions included bar leaders at the ABA annual and midyear meetings. panel discussions involving national speakers, as well as a speech from ABA President Linda A. Klein, In my experience, the NCBP meetings serve as addressing the role of attorneys and the organized bar an effective way of meeting and conferring with bar in addressing distrust in our communities between leaders from across the country to learn about other bar citizens and law enforcement, protecting citizens’ association’s successful programs and best practices rights and resolving disputes stemming from conflicts , so the TCBA may better serve its members. The such as police-involved shootings, and immigration NCBP meeting is also a unique platform to discuss and religious differences that sometimes lead to less successful membership engagement , outreach violence and negative long-term consequences. Given initiatives and programming concepts, so that the TCBA the current political climate in our country, the content can avoid missteps made by other bar associations. of the plenary sessions was both timely and thoughtprovoking. The plenary sessions also addressed the Over the course of two days, the NCBP meeting importance of embracing today’s technology and offers programming to address the effective usage of tomorrow’s innovations. As you likely perceive, there 2 Tulsa Lawyer
was a heavy emphasis on social media and technology at the ABA Midyear Meeting and how it is changing the practice of law and the operational aspects of metro bar associations. President-elect Christina Vaughn and I are working with the TCBA staff as well as the Executive Committee and the Board of Directors to ensure the TCBA will not be left behind. Finally, On Friday night, I had the good fortune to attend a ceremony honoring a fellow Oklahoma attorney, William G. Paul of Oklahoma City. Mr. Paul is one of only two ABA past presidents hailing from the great state of Oklahoma, and was honored by the ABA’s Diversity and Inclusion 360 Commission for his role in establishing the ABA’s Legal Opportunity Scholarship Fund. The Legal Opportunity Scholarship Fund grants 20 incoming diverse law students with $15,000 of financial assistance over the course of their three years in law school. Since its inception, 350 students from across the country have received the ABA Legal Opportunity Scholarship. 1
It was a privilege to attend the ceremony honoring Mr. Paul alongside Tulsa County Bar Foundation President Jim Gotwals and other Oklahomans representing the OBA delegation at the ABA MidYear meeting, including The Honorable Milly Otey (a TCBA Past President), Renee DeMoss (a TCBA Past President and an OBA Past President), and OBA Executive Director John Morris Williams. I hope the month of March brings you good health and many blessings. If you are able to take some time off during Spring Break, enjoy! As TCBF President Jim Gotwals reminded me in Miami, YOLO; You Only Live Once. Sincerely,
Matthew S. Farris TCBA President 2016 – 2017
"We can best serve society if members of the legal profession come from all segments of the population, reflecting the diversity of the United States - and financial aid during law school must be a vital component of any effort to increase diversity in the profession." - William G. Paul Former ABA President and founder of the ABALegal Opportunity Scholarship Fund 1 See http://www.americanbar.org/diversity-portal/diversity-inclusion-360-commission/commissioners/williamg--paul.html & http://www.americanbar.org/advocacy/ diversity_initiatives.html, as of February 5, 2017.
www.tulsabar.com Tulsa Lawyer 3
SECTION NEWS Litigation Section
The Litigation would like to acknowledge and thank Allen Smallwood for speaking to the Litigation Section about Jury Selection as part of the Litigation Section's continued effort to improve as trials lawyers.
Please join us for the next Litigation Section meeting on March 30th at 12pm at the Tulsa County Bar Association. Speaker: Rena Cook Topic: The Expressive Litigator: Voice and its Relation to Persuasive Story Telling. Rena Cook is Professor Emeritus in the University of Oklahoma’s School of Drama where she taught voice, speech and dialects. She is also the founder of Vocal Authority, a training and development business created to serve corporate clients, including attorneys, politicians, sales personnel and CEOs who want to use their voice in more commanding and authentic ways. Her work with the Expressive Litigator is being developed into a book. Her other publications include Breath in Action and Voice and the Young Actor. Her other passion is Empowering Women’s Voices in Business and Politics. Rena holds an MA in Voice Studies from London’s Royal Central School of Speech and Drama, an MFA in Directing from OU and a MA in Guidance and Counseling from TU.
Let the discipline guide your preparation. Let it guide your chapters building. Page prep. Once you are that prepared, then relax, let your personality come out and listen. Listening is actually a discipline too, but it will not feel like that. Then use spontaneous loops to control, and rely on your chapters to guide where you are going. - Roger Dodd, Trial Lawyer 4 Tulsa Lawyer
Litigation ChairsAaron D. Bundy and M. Shane Henry (918) 585-1107, aaron@fryelder.com or shane@fryelder.com, are trial lawyers with Fry & Elder.
Employment Law Section
TCBA Law Week details are available at www.tulsabar.com
Please join the US Department of Labor’s Jessica Parker for a FREE* one hour CLE opportunity Friday, March 10th.
The CLE will be held from 12-1:30 pm at the Tulsa County Bar Association and will include a thirty minute lunch (provided). Jessica will provide an opportunity for participants to learn more about the Wage and Hour Division, its enforcement of federal labor laws, and common violations to avoid. Her presentation will also cover the impact of federal labor laws on corporations and employees as well as discussion on independent contractor classifications and what should be expected during an investigation. *Free CLE credit for this meeting is available to Employment Law Section Members only. Stefan Mecke Employment Section Chair SMecke@BarberBartz.com
Law Day May 1st WHAT IS LAW DAY?
Law Day is held on May 1st every year to celebrate the role of law in our society and to cultivate a deeper understanding of the legal profession.
Section Chairs ADR/Mediation
Ron Gore
Bankruptcy Paul Thomas Corporate
Vacant
Criminal Law Marvin Lizama Employment Law
Stephan Mecke
Bill Searcy
Energy & MineraLaw
Anita Anthony
Family Law
Maren Lively
Juvenile Law Ivan Orndorff Litigation
Aaron D. Bundy M. Shane Henry
Municipal Law
Steven L. Oakley
Paralegal
Debra Baker
Probate/Estate/Elder
Riley Kern
Solo/Small Firm Paul McTighe Tax
Riley Kern
Health Law Donna De Simone Philip D. Hixon
Technology
Teak Hull
Immigration Law
Young Lawyers Natalie Sears
David Sobel
Workers Comp TBA
Catherine Coulter Tulsa Lawyer 5 Tulsa Lawyer 5
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Tulsa Lawyer 7
VP's Corner Ann Keele, 2016-2017
Between March Madness, St. Patrick’s Day, Spring Break, corporate tax filing deadlines, and all the projects we have going on at work, this month is sure to be busy. We should all try our best to maintain a nice work/life balance, especially with so much going on. After filling out your college basketball brackets, please remember that there are some great TCBA events coming up that will be worth your while to participate. Here are a few of the projects in the works: YLD Trivia Night will be held on April 6 starting at 5:30 p.m. at TU College of Law (in the Pit). The night will begin at 5:30 p.m. with cocktails & heavy hors d'oeuvres, followed by Trivia from 6:00 - 8:00 p.m. Teams will compete for the title of Trivia Champion! Table Sponsorships are available for $225 for a table of 8 which includes 1 Team, Promotional Credit & 2 Mulligans. (A “Mulligan” is a get-a-free-answer which can be used at any time during the game.) Individual tickets are available for $25 per person, and additional Mulligans are $25 each or 5 for $100 (limit 5 per table). This is always a really fun event, so come on out and show off your wealth of trivial knowledge. Contact YLD Chair Natalie Sears if you would like to purchase tickets or need more information. natalie@monroekeele.com TCBA’s Children in the Law Committee is collecting baby food to donate at the Live Local, Give Local event in April sponsored by Lawyers Fighting Hunger. This event will provide about 750 hams plus approximately 20 other food items to pre-screened families in the Tulsa area so they can prepare a full meal at home. The event will have music, food truck with hot-dogs and hamburgers provided by Arnie’s Bar. Emergency Infant Services will be providing diapers to these families, so the baby food collected will help these families in need to provide nutrition to their 8 Tulsa Lawyer
little ones. If you would like to donate baby food, then you may drop off items to the TCBA Center. Monetary donations will also be accepted, as we will gladly do the shopping for you. Please drop off your donations to the TCBA Center by April 1. If you have any questions, please feel free to contact me. ann@monroekeele.com If you would like to get even more involved with the Live Local, Give Local event to be held on April 8, then feel free to contact TCBA member, Hugh Robert. Volunteers are always appreciated, as are monetary donations to help provide food for about 750 families. “This is a way we can give back to our community and state, and show that lawyers really care while addressing a very serious need in our state,” said Hugh Robert, cofounder of Lawyers Fighting Hunger and attorney at Sherwood, McCormick & Robert. “While we all do a good amount of pro-bono work and serve on various boards, it is not something that the public generally sees. This program is a way for our respective communities to see our contribution first hand.” Contact Hugh Robert at hugh@smoklaw.com or his paralegal, Elysia Robinson, at elysia@sm-oklaw.com for more information. Last, but not least, the TCBF Law Day Luncheon will be held on Friday, April 28. Be sure to reserve your seats early as this event is expected to sell-out once again. The featured speaker will be TU Law Professor Tamara Piety. Hon. Daman Cantrell and Hon. Martha Rupp Carter are organizing more great Law Week events. Be sure to watch your inbox for more details in your TCBA newsletters. Remember to spring forward one hour on Sunday, March 12 as Daylight Savings Time begins; beware the Ides of March, and rejoice that the first day of Spring is just around the corner. On a personal note, I can hardly believe that my little guy will be 4 years old this month. My, how time flies. Thank you for your continued support.
Live Local, Give Local Spring Event April 8
Lawyers Fighting Hunger is once again sponsoring the Live Local, Give Local Spring Event which will provide approximately 750 pre-screened families with hams plus approximately 20 other food items to prepare a complete home-cooked meal.
Mark your calendars for Saturday, April 8th! There will be music, a food truck with hot-dogs and hamburgers provided by Arnie’s Bar, and Emergency Infant Services will provide diapers to the pre-screened families. TCBA’s Children in the Law Committee is helping to provide baby food to those families in need at this event.
Here’s how you can help:
Drop off unopened baby food items to the TCBA Center by April 1. (If you would prefer to make a monetary donation, then we will gladly do the shopping!) Our goal is to collect and donate 750 jars of baby food at this event. This is a simple and tangible way to show our community that we care. If you have any questions, please feel free to contact Ann Keele at ann@monroekeele.com. Thank you for your assistance!
We can help you reach your audience! Contact Jody at 918-584-5243 Visit www.tulsabar.com for rates and more information.
Tulsa Lawyer 9
PAUL DAVIS: Building a New Career By Tony Blair
Paul Davis is a 3L at the University Of Tulsa College Of Law pursing a joint JD/MBA degree. He worked in the construction industry for 35 years before pursuing his law degree. We spoke to Paul about his experience in the construction industry and how that experience will affect his legal practice. Q: You were doing construction in Las Vegas because it was a family business, is that right?
A: My father was an engineer and I got into the construction industry through my father. I worked Q: What was that experience like, going to a construction through him as a youngster and worked my way up job site at 13? through the industry to be partner at a national firm. And A: It was pretty neat. Every youngster likes to play then I had my own firm in Las Vegas. construction and play in the dirt and build something. It Q: How old were you when you started your own firm? was the epitome of immediate gratification. A: I started my own firm in 2007.
Q: What kind of construction were you doing?
A: We specialized in casino and resorts. And so we worked as the owner’s representative. An owner might come to us and say, “We want to build this project” and he would want us to select the proper contractor, the proper team, and he would want us to manage that team. Q: How long were you doing that? A: In total, about 35 years.
Q: So you were a draftsman and a helper? A: My father had an engineering firm as well as worked in construction administration, so that gave me the opportunity to work out in the field with contractors, mechanical contractors and electrical contractors. It also allowed me to be on the engineering side to learn design and learn how to create basically what would be built out in the field. Q: Were you having to go out and help build?
A: Yes. Not specifically at 13. As a helper you go fetch Q: Initially, you were working for your dad’s company? the tools, fetch raw materials, work as a gopher and things like that. By the time I was 18 years old, I was A: I started working for my dad when I was about 13 managing projects in the field from the design side all years old. I worked as a draftsman. I worked as a helper the way through construction. out in the field. Continued on page 13..
Tulsa Lawyer 11
Liberty Bell Award Nominations The Liberty Bell Award was established more than 35+ years ago to acknowledge outstanding community service. The award is presented to a person who is not a lawyer, but who has demonstrated a dedication to the law through activities that support lawyers and their work in the legal system. Nominees may be an individual or a group that has: • Promoted better understanding of the rule of law • Encouraged a greater respect for law and the courts • Stimulated a sense of civic responsibility • Contributed to good government in the
community
Please forward all nominations to kevinc@tulsabar.com
Deadline for nominations is Monday, March 20, 2017
TCBF Capital Campaign On behalf of the Capital Campaign Committee, The Tulsa County Bar Foundation would like to Thank You for your investment in Your Bar Center’s future!!! The exterior of the building has been completed. If you have not seen the Bar Center in the last few months I encourage you to stop by, get out of your vehicle and walk around so you can see how good the building looks.
Next, we will begin the planning and design of the interior renovation. No significant improvements have been made to the Bar Center in more than 20 years. We are still raising funds. Please remit the balance of your pledge. If you have not made a pledge or donation contact Chad McLain at 918-359-6600. 12 Tulsa Lawyer
Q: At 18, did you start going to school or were you working through your dad’s company?
Q: How so?
A: In general, people like to play to their strengths. A A: No. All my learning was on-the-job training. I personal injury attorney would approach a construction completed my undergraduate in 2014. defect like a personal injury case. A contract attorney would approach a construction defect as though it Q: Where did you receive your undergraduate degree? were a contract case. And I felt like clients could be better represented with someone who understood the A: Mississippi State University. construction industry from several different facets. From the design side, from the supply side, from Q: What was your undergraduate focus? the actual construction side, which would allow the A: My undergraduate focus is in philosophy and courts and juries to better understand how to decide business. construction cases. Q: Do you still have your firm?
Q: Did you feel this way from a Plaintiff perspective, a A: I retired in 2013. I did a market industry survey and defendant perspective, or holistically no matter which it revealed that the casino and entertainment industry in side you represented? Las Vegas wasn’t coming back until 2018 or later. A: I think I can represent any side. I see at least five different sides in a construction case. You have the Q: Have you always wanted to be an attorney? insurance/surety side, you have the owner’s side, the A: Yes. I’ve always had an interest in law. My mother contractor’s side, the designer’s side, supplier’s side. If was a civil rights attorney in Arkansas. She was also an a project stops for some reason, and parties are issuing liens and parties are trying to complete the project, and assistant attorney general under Bill Clinton. parties are trying to recoup their investments from the Q: Did you decide to focus on law school after you banking side or the financial side, they all have their own aspects that I think are unique to the industry. retired from the construction business? A: Yes. I spent the last fifteen years of my career as an expert in the construction industry and spent a lot of time around the legal field. During that time, I really felt like attorneys were approaching the construction industry…they could approach it in a better fashion.
Q: Do you have any plans after graduating and taking the bar? A: I’m doing the JD/MBA program. An ideal position would be to become of counsel with one or more firms to do construction dispute resolution. Along with that, I’m planning to open a law firm as a construction consulting firm to attorneys.
“Lawyers have a license to practice law, a monopoly on certain services. But for that privilege and status, lawyers have an obligation to provide legal services to those without the wherewithal to pay, to respond to needs outside themselves, to help repair tears in their communities.” -- Justice Ruth Bader Ginsberg (March 2014) Tulsa Lawyer 13
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ANNUAL TULSA COUNTY BAR FOUNDATION CHARITY GOLF TOURNAMENT LaFortune Park Golf Course
BENEFITING: Disabled American Veterans y South Tulsa Community House Tulsa Lawyers for Children y Tulsa County Bar Foundation’s Community Outreach Committee
SPONSORSHIP All sponsor levels receive: • Signage and recognition at tournament site • Recognition in Tulsa Lawyer • Acknowledgment and recognition on TCBA website
� Eagle $2,500 Plus: • Four (4) paid players • Four (4) TCBF logo golf shirts • 2 Free Mulligans per player • Opportunity to distribute promotional materials to participants
� Birdie $1,250 Plus: • Two (2) paid players • Two (2) TCBF logo golf shirts • Opportunity to distribute promotional materials to participants
� Par $500 Plus: • One (1) paid player • One (1) TCBF logo golf shirt • Opportunity to distribute promotional materials to participants
� Hole $250 Includes: • Signage and recognition at tournament site • Recognition in Tulsa Lawyer • Acknowledgment and recognition on TCBA website
Individual Player Entry Fee $125
Monday, May 15th, 2017 Registration: 10:00 am Lunch: 11:00 am Shotgun Start: 12:00 pm
ENTRY FEE: $125 Includes: Green fee, golf cart, range balls, hole prizes, team prizes, swag bag, lunch and dinner TEAMS: Tournament is open to all golfers, including non-lawyers Teams of four (4) players Combined team handicap of 40 or greater Only one (1) player on the team may have a handicap of 9 or less Individuals welcome to sign up – we will assign you to a team Proper golf attire required FORMAT: Four-person scramble; 18 hole stroke play Mulligans $10.00 each – limit 3 per player
TEAM NAME:
1
Included In sponsorship Eagle Birdie Par
2
Eagle Birdie
3
Eagle
4
Eagle
Players ($125 each unless included in a sponsorship)
Handicap
Shirt Size
Contact Name Street Address City, State, Zip Email Phone Number Make Checks Payable To: TCBF 1446 S Boston Ave Tulsa, OK 74119
Sponsorship Individual Players Golf Shirts
$ __________ # ______ @ $125 each
$ __________
# ______ @ $50 each
$ __________
TOTAL:
$ __________
Transactional Paralegals
An Invaluable Resource Legal careers seem synonymous with jobs that involve the courtroom, the judge, lots of pleadings, depositions, binders full of exhibits, and attorneys arguing their case before the judge and/or jury. Fortunately, there are number of satisfying legal careers for those too easily frustrated with opposing party delay tactics or who have little patience for courtroom rules and civil procedure. A transactional practice encompasses a wide range of practice areas including corporate, commercial, real estate, finance, tax, securities and others. It typically involves bringing individuals and/or companies together – a buyer to a seller, a lender to a borrower, among others. Although some of these practice areas overlap, great negotiation skills are required for all of them to bear a successful “deal” for all parties. Even more important is capturing all negotiated aspects of the deal and addressing all potential issues within the various contracts. Attorneys practicing in these areas often deal with multi-faceted and highly complex issues that may require them to consult with other attorneys who specialize in taxation, bankruptcy, employment or environmental law. Virtually every deal requires countless hours to ensure a successful closing. Those who practice in these fields seldom see a courtroom, but utilizing an experienced paralegal in transactional law (and any other law) is greatly beneficial in order to achieve not only a successful outcome, but a valuable cost-efficient service to the client. Some of the more common tasks a transactional paralegal may assist with include:
Would you like to contribute to Tulsa Lawyer? Email tulsabarnews@yahoo.com or larry.yadon@cox.net 16 Tulsa Lawyer
• • • • • • • • • • •
By Karlyn Apon, ACP
Forming companies; managing compliance issues; Monitoring regulatory or environmental issues; drafting and reviewing documents; Derforming due diligence; Preparing for and attending closing; Filing required documents with the Security Exchange Commission, the Internal Revenue Service, and other state or federal agencies; Reviewing title history and resolve issues; Obtaining approval for permit or zoning requirements; Searching, drafting, and filing of real estate documents and UCC finance statements; and Drafting, calendaring or filing of patent, trademark, and copyright applications or other post-registration filings.
Transactional paralegals are generally well organized (even if the desk is a mess), detail-oriented, analytical and, like most paralegals – controlling and possessive when it comes to our cases. Transactional paralegals often use their independent judgment or ‘outside the box’ thinking to resolve last minute issues. A well versed transactional paralegal can assist corporate lawyers with many tasks allowing the attorney the ability to focus more intently on the deal at hand, like identifying changes to definitions that will protect the client or addressing the “what if” scenarios that could otherwise send the client into litigation. Many attorneys simply do not utilize paralegals in the most effective way and instead are bombarded with the overwhelming smaller tasks, all while attempting to handle the substantive intricacies of a transaction and create a litigation free transaction. As a Transaction Paralegal, I work with a number of attorneys who specialize in different areas. Some days I assist an attorney specializing in corporate law, or real estate (or both), with an anticipated closing. This may include performing due diligence, searching, reviewing and/or drafting contracts, real estate documents, UCC documents and/or corporate documents necessary to complete the transaction. It could also include
preparing a closing checklist and tracking status of the documents, making sure all necessary documents are executed by someone with proper authority, ensuring that property security documents are either timely recorded or released, and once the deal is done, ultimately preparing a closing binder for all parties. Other days I assist attorneys and clients with forming an entity or qualifying it in another state, preparing governing documents, minutes, or resolutions necessary to approve the formation, open a bank account and identify directors or members. I may be asked to prepare stock certificates or obtain an employer identification number for a newly organized entity. I might be requested to calculate stock conversions or identify the assumed par value capital for a company to identify a tax liability, or find mineral interests for a client or calculate documentary stamps. I might assist a securities lawyer with a Securities Exchange Commission filing or I may assist an intellectual property attorney in registering a trademark or copyrighting a software program, book or movie. At times, I may assist an Estate Planning attorney with the drafting of trusts or wills, or tracking down a beneficiary. Or, I could be asked to assist a Bankruptcy attorney with preparing and filing a bankruptcy petition. The work of a transactional paralegal is diverse and the tasks are endless.
Karlyn Apon, ACP Transactional Paralegal with Doerner, Saunders, Daniel & Anderson, LLP Karlyn has over 25 years of experience in the legal field. She received her Certified Paralegal status in 1997 and has since received an Advanced Certification in Business Organizations and Contract Management from the National Association of Legal Assistants, an ABA approved program.
Because transactional work is never exactly the same, the various components can make my job both challenging and rewarding. My days are seldom ever spent doing the same thing. I work with agencies all across the nation and seem to always be researching some aspect of a “deal� that is new to me. I am blessed to have a job that keeps me from being bored - not only because of my co-workers, but because even after 25 years in the field, seldom does a day go by where I have not learned something valuable. Transactional paralegals can be an invaluable resource to corporate and transactional attorneys. And, as with all transactions (or cases), including a skilled paralegal from the beginning will generally result in the most efficient and successful outcomes
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Judge Terrence C. Kern inducted to OSU Hall of Fame February 7, 2017
On February 10, 2017, the Honorable Terrence C. Kern, Senior Judge of the Northern District of Oklahoma was inducted into the Oklahoma State University Hall of Fame, the highest honor OSU bestows. Judge Kern is a member of the Tulsa County Bar Association. A native of Ponca City, Oklahoma, he earned Lew Wentz scholarships and Pell Grants and worked as a store clerk to put himself through college. Despite this busy schedule, Judge Kern was on the Dean’s Honor Roll, president of Beta Theta Pi fraternity and became an All-University volleyball player. After graduating from OSU in 1966 with a degree in business, he received his Juris Doctorate from the University Of Oklahoma School Of Law in 1969 and a Masters of Law degree from the University Of Virginia School Of Law.
To all of the TCBA Lawyer Referral Service attorneys...
Judge Kern began his career as a General Attorney with the Federal Trade Commission in Washington, D.C. after serving in the United States Army Reserves. He later returned to Oklahoma and entered into private practice with the law firm of Fischl, Culp, & McMillin in Ardmore, where he later became a partner. In 1986, he started his own firm and continued a general practice, including trying over 75 cases to jury verdict. While in Ardmore, he was active in the community and served as chairman of the board of Southern Oklahoma Memorial Hospital. In 1994, Judge Kern was appointed to the federal bench. He served as Chief Judge of the Northern District of Oklahoma from 1996 to 2003, as a member of the Judicial Conference of the U.S. Committee on Security and Facilities, the Judicial Conference of the U.S. Committee on Space and Facilities and the Tenth
Juliec@tulsabar.com 20 Tulsa Lawyer
Circuit Judicial Council. Judge Kern continues to manage an active civil docket. During his time on the bench, he has conducted over 200 civil and criminal trials. He is the first OSU graduate to serve as a United States District Judge and is a lifetime member of the OSU Alumni Association. Judge Kern received the OSU Leadership Legacy Award in 2001, is a past president of the Council Oak/Johnson-Sontag American Inn of Court and received the Lion of the Bar Award in 2013. In 2014, he was selected as the Oklahoma Association for Justice’s Judge of the Year.
Tulsa Lawyer 21
The Employee’s Role in Cybersecurity: Know, Then Do By Tom C. Vincent II
Many descriptions of cybersecurity programs and tools conjure images of fortresses and other constructs - “firewalls,” anyone? - that are designed to provide protection against the marauding hordes, silent ninjas, or smooth agents of the community of hackers attempting to gain access to the precious data locked within. As comforting as such images may be, employee access to information and communications can reduce those barricades and battlements to a series of individual entrances to a law firm’s data. While the familiar axiom of “train your employees” is still relevant, it is becoming insufficient; beyond simply knowing what to do, more and more employees must affirmatively act to pursue their firm’s cybersecurity goals.
focus for the particular responsibilities of employees within those departments. Properly-developed procedures provide employees with guidance to fulfill both firm policies and their specific responsibilities towards cybersecurity.
3. Expectations of particular employee responsibility and behavior regarding cybersecurity. An employee’s starting point to understand what their access to information (and corresponding responsibilities) is often their job description (or, sometimes, the first day on the job) - defining levels of access not only addresses new “need to know” baselines, but may also provide employees with the appropriate perspective on access. This should also be What to Know: To best protect the firm’s interests, carried through into policies, procedures and practices employees should at a minimum be aware of the various regarding “ad hoc” access, such as inclusion on e-mails requirements for cybersecurity that impact every with sensitive or protected information. employee within the firm, which can be categorized into three primary “buckets” of rules. These will What to Do: Having provided the employee with form the framework through which an employee can cybersecurity expectations from both governing assess the appropriateness of their actions regarding authorities and the firm itself, the firm’s next cybersecurity: responsibility is to motivate the employee to act accordingly. With appropriate mechanisms and 1. Th e g e n e r a l l a w s , r e g u l a t i o n s , a n d incentives, an employee is more likely to put this requirements the firm is subject to. Depending upon knowledge to best use within the firm and act to the firm, this can include federal financial and health support the firm’s cybersecurity efforts. As discussed information privacy laws, state data breach laws, and above, knowledge of what to do for cybersecurity is particular contractual commitments, in addition to the not enough - the employee must understand that she professional responsibility requirements for maintaining has the power to impact cybersecurity at the firm client confidentiality. While not every employee may and the right and responsibility to do so. To create need to know every individual requirement, some that understanding, certain specific ways employees overall knowledge of the breadth of the requirements may address cybersecurity within the firm should be can provide the appropriate perspective - and caution - identified: beneficial to all employees. 1. Particular responsibilities for the issue within 2. Specific policies and procedures adopted by the firm to raise cybersecurity issues. Beyond the the firm with respect to cybersecurity. The firm’s employee’s individual capabilities in their position, an overall cybersecurity policy should set the general appropriate incident reporting structure can provide direction and overall tone for the firm’s priorities and an additional sense of ability and responsibility to the individual actions of its employees. More targeted the employee. Also, if the employee’s supervisor departmental policies can bring the firm’s goals into is perceived by the employee to have appropriate 22 Tulsa TulsaLawyer Lawyer
authority, the employee may feel that issues raised to employee with guidance as to the importance of their that supervisor will be appropriately addressed. particular and individual actions with respect to the firm’s cybersecurity. 2. Specific risks for the firm in general, and for the employee in particular - and how the employee Despite the various organizational and technical may mitigate them. This sort of information should safeguards that may be put into place, individual be provided before the employee is given access to the employee behavior can work to either undermine those firm’s systems. Many of these risks involve e-mail, and efforts or fill in the gaps that top-down measures can’t risk mitigation efforts are often easy to communicate always see. Thousands of decisions are made every day such as verifying the address of e-mail received and to protect a firm’s information security structure - or appropriately handling (or forwarding to information open it to intrusion - every time an employee reviews an security) e-mails from unfamiliar addresses; refraining e-mail message or uses the internet. Through providing from opening attachments from or links within appropriate knowledge - and ways to use that knowledge unfamiliar e-mails; refraining from communicating - firms can take steps to better arm those guards that protected information, either via e-mail or by phone; protect all of the doors into their cybersecurity fortresses. and providing both appropriate information security and physical security for mobile devices. 3. The role of cybersecurity in the future of the firm. Discussion of cybersecurity issues in firm meetings, and in particular specific security measures or efforts, further reinforces the significance of the issues with employees. Including such issues in specific committees can also help to communicate the impact of cybersecurity in various elements of the firm’s business. 4. The consequences of employees’ action - or inaction. Ultimately, the strongest motivator for an employee will be the understanding of how their actions, or failures to act, will impact not just the firm but their own future within it. At the firm-wide level, the employee should understand that cybersecurity efforts are subject to the “trust but verify” standard - while the firm may inform its employees as to cybersecurity efforts, and also empower them to take action, it should also follow up to verify that appropriate action is taken by its employees. At the employee level, identifying expected fulfillment of that responsibility - through goals established during performance reviews - provides an
Tom C. Vincent II is an attorney with the law firm of GableGotwals and a former compliance officer. His practice areas include banking and financial services compliance and cybersecurity. This article is provided for educational and informational purposes only and does not contain legal advice or create an attorney-client relationship. The information provided should not be taken as an indication of future legal results; any information provided should not be acted upon without consulting legal counsel. This article was adapted from one originally published on JD Supra.
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Law Day Student Contests Information
The Oklahoma Bar Association and the Tulsa County Bar Foundation have continued our annual art and writing contests for students. The 2017 theme is “The 14th Amendment: Transforming American Democracy� which provides the opportunity to explore the many ways that the Fourteenth Amendment has reshaped American law and society. Through its Citizenship, Due Process and Equal Protection clauses, this transformative amendment advanced the rights of all Americans. It also played a pivotal role in extending the reach of the Bill of Rights to the states. Ratified during Reconstruction a century and a half ago, the Fourteenth Amendment serves as the cornerstone of landmark civil rights legislation, the foundation for numerous federal court decisions protecting fundamental rights, and a source of inspiration for all those who advocate for equal justice under law. Forms & details are available at http://www.tulsabar.com/tulsa-county-bar-foundation/lawday Categories include: Writing Contest, Coloring Contest & Free Form Art Contest
Deadline: Friday, April 7, 2017 24 Tulsa Lawyer
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The Pizza Boy, the Mannequin Model, and Workplace Harassment By Stefan Mecke - Tulsa area Business/Employment Attorney A Chance Encounter, but was it Harassment? February is the month many celebrate Valentine’s Day, relationships and romance. For me, February and Valentine’s Day provided a time to reflect on my first job. I turned 16 in Tulsa around the same time a large shopping mall opened in the area. The mall featured retail stores and a food court full of new career opportunities. I discovered this one day as I was sitting in a creative writing class appearing alert, but perhaps not as focused on the teacher’s words as I should have been. A fellow student whispered to me and asked if I wanted to make some money. The Italian style pizzeria he worked at was overwhelmed and needed help. Experience was not a requirement. A perfect fit. Later that evening I was learning the pizza trade. The Manager noted that I had a talent for making the pizzas (or that others disliked making the pizzas) and I was quickly assigned to the pizza station. We made pizzas the oldfashioned way back then by starting with a ball of dough, dousing it with lots of flour and molding and flipping the pizzas in the air by hand. This technique was effective but really messy. I was usually entirely covered in flour from head to toe which made for an extremely un-kept look. On my short breaks from the food court I would wander over to the book store to temporarily escape the chaos at the mall. On one such trip I couldn’t help but notice a crowd gathering in front of one of the retail store windows featuring live mannequin modeling.
Mannequin modeling is somewhat of a lost art. The technique utilizes human models that appear as still as possible. I understand they are trained to limit blinking and reacting to customers or passersby as much as possible. I walked over to the window and joined the crowd. That was when I had my first encounter with the Mannequin model. She was certainly stunning but very un-interested in what was going on outside the window. I tried to get her attention to no avail. As days went by I would pass by that window many times. I even offered up my phone number on a number of occasions from the other side of the glass. I never got a call. I concluded that the lack of interest had to have been related to the mannequin model’s professional code and need to appear lifeless and avoid reactions. Looking back, being covered with flour probably did not help my chances. Reflecting even further on those encounters, I wonder if my unwanted attention may have made the mannequin model uncomfortable. Could I have been making it difficult in any way for her to do her job? Were my actions sexual harassment in the workplace? Eventually I moved on and my path led me out of the mall and away from the stunning mannequin model. The Help Desk Manager and the Smoke-Hole Incident Years later I found myself in corporate America receiving a promotion into my first supervisory position. I was selected to supervise a department composed entirely of
female employees. To prepare me for this role, HR quickly ushered me into an MBA program at a local university and a sexual harassment training seminar at a local law firm. Shortly after attending the session, armed with knowledge and best practices, I found myself involved in a sexual harassment claim. Penny, one of my employees approached me regarding an uncomfortable dialogue she had at the smoke-hole with the corporate Help Desk Manager, Leanard. The smoke-hole incident was followed by an even more uncomfortable series of emails that rose to the level of sexual harassment. I met with Penny, implemented the approach recommended by the local law firm, and marched straight to HR. That was Leanard’s last day with the company. That experience ingrained in me the positive impact attorneys have and the important role attorneys play in educating employers and their supervisors on techniques for responding to harassment in the workplace. Thanks to the local law firm, I was able to assist Penny and my employer through a difficult and unpleasant situation. I was also able to limit additional negative legal exposure that could have been created by an inappropriate response to the incident. Continued on page 28... Tulsa Lawyer 27
Harassment in the Workplace Harassment in the workplace is also referred to as bullying in many circles. Harassment is often characterized as unwelcome attention connected to any protected basis such as race, color, religion, sex/gender, national origin, age, disability or military status. Harassment in the workplace can take an intangible form through a hostile work environment. This type of harassment involves the type of actions or environment that can prevent an employee from being able to do his/her job. Harassment
in the workplace can also take a tangible form through “quid-proquo” type harassment wherein a favor or advantage is expected in return for something. This type of harassment could be triggered by inquiries into an employee’s romantic experiences/interests or even repeated requests for dates. These were certainly the areas of concern triggered in the smoke-hole incident referenced above.
the mall rose to the level of quid-proquo harassment. I certainly made repeated, although silent, requests for dates that could be implied by my numerous trips to see the mannequin model at work in the store window and the frequent attempt to provide my phone number. As fate would have it, I had an opportunity to visit with the mannequin model years later about this awkward situation. To my surprise, her beautiful vision appeared one day, and then Another Not-So Chance regularly thereafter, at the library Encounter in the middle of the college campus Some readers may still be we both found ourselves attending. wondering whether my actions at Unlike all of those wordless encounters on both sides of the retail window glass, we began a conversation that started with a question about a flour covered pizza boy attempting to connect by offering up a phone number. She didn’t remember anything about a pizza boy, covered in flour, desperately trying to get a phone number to her. Before I went back to my studies I carefully wrote my phone number in her notebook. The mannequin model and I like to return to that mall with our two growing boys during the Valentine’s Day season and reflect on that chance encounter at the retail store window that brought us together. The TCBA Employment Law Section invites each of you to join us in 2017. We have an exciting line-up of CLE speakers planned and we welcome attendance at our CLE lunch events by plaintiff’s attorneys representing employees, defense/in-house counsel representing employers, and others interested in learning more about issues impacting the area of employment law.
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Grapevine News
GableGotwals welcomes Robert McCampbell Todd Nelson’s legal practice spans both litigation and and Travis Jett to the Oklahoma City office transactions in the areas of intellectual property and related Robert McCampbell and Travis Jett join the Firm business matters. This includes trademark procurement and as new Shareholders in the Oklahoma City office. Robert’s patent, trademark, copyright and trade secret litigation, as primary practice will focus on Litigation, White Collar well as opposition and cancellation proceedings before the Criminal Defense, Administrative and Regulatory Law and Trademark Trial & Appeal Board. Appellate Law. Travis will focus his practice on both civil David Woodral is experienced in all phases of patent and criminal litigation. procurement and portfolio management in both the US and A former United States overseas. His background in software engineering provides Attorney, Robert G. McCampbell particular expertise in computer implemented systems, brings more than 30 years of diverse electronic devices, networking, and telecommunications. experience to GableGotwals. He also has substantial experience in the mechanical arts Alternating between private and including hydraulics, oil and gas, and consumer goods. government practice, Robert has A registered patent attorney, Scott Zingerman been an active force in the Oklahoma City legal community. advises clients on issues surrounding Intellectual property Robert is a graduate of Yale Law School. He earned his rights including patent, trademark, licensing, litigation, undergraduate degree from Vanderbilt University. Among trade secret and copyright. Not only is he experienced with his many honors, Robert is a Fellow with the American U.S. law regarding the acquisition and licensing of patent College of Trial Lawyers. He has received seven Lawyer rights, but he is well versed in international patent rights as of the Year Awards from Best Lawyers in the areas of well. white collar, criminal defense, government relations and administrative law. Travis Jett’s practice ranges from representing clients in appellate matters to conducting internal investigations. He has appeared before various administrative agencies and has expertise in election and campaign finance law. Travis is a graduate of Georgetown University Law Center in Washington, D.C., where he served as editor-in-chief of the Georgetown Journal of Law and Public Policy. He also worked as a law clerk for the Senate Judiciary Committee during his third (left to right: Scott Zingerman, David Woodral, James year of law school. Travis received his undergraduate Lea and Todd Nelson) degree from Oklahoma State University in Agribusiness and served as the National FFA President. GableGotwals has promoted Daniel A. Nickel from Of Counsel to GableGotwals welcomes four new Intellectual Shareholder. Dan re-joined the firm in Property attorneys to Tulsa office 2016 after being in the legal department of Intellectual Practice Law attorneys James F. Devon Energy. He began his legal career as Lea, III, Todd A. Nelson, David G. Woodral and Scott an associate attorney with GableGotwals, R. Zingerman have joined GableGotwals’ Tulsa office as where he not only practiced oil and gas Shareholders. They will be joining the firm’s IP practice law, but also advised clients on litigation, group that includes Paul E. Rossler and Frank J. Catalano. employment, and environmental matters. As a registered patent attorney, James Lea’s Dan has extensive experience in legal, experience includes intellectual property matters, foreign operational, and regulatory issues confronting energy and domestic patents in over 25 countries, trademarks and companies at the federal, state, and local levels. In addition, copyrights. He has worked with an array of technologies he is well versed in commercial and construction law. including submersible pumps, drilling equipment, extrusion equipment, medical implants, business methods, software Grapevine continued on next page... applications, microchips and sporting goods. Tulsa Lawyer 29
Opveon Litigation Services, LLC announced that they will be partnering with Joe Paulk, Esq., CEO of Dispute Resolution Consultants, to expand Opveon’s jury consulting practice. The partnership between Opveon and Paulk will give their clients a true edge when it comes to winning cases by providing them access to industry leading jury research strategies, extensive expertise and advanced technology. “Combining forces with a powerhouse like Joe is a real win for Opveon and its clients. This strategic alliance will help strengthen our practice by increasing our capacity and by adding the unique perspective of another seasoned trial consultant,” says April J. Ferguson, Opveon’s President and head of their jury research practice. Trial attorneys across the globe are continually seeking new strategies to better serve their clients, making consultants like Ferguson and Paulk vital to any trial team.
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As a former trial attorney and now CEO of one of the most well respected alternative dispute resolution (ADR) firms in the southwestern states, Paulk understands the dynamics of litigation and the importance of a solid trial strategy; which is perfected by pretrial jury research. "I am honored to be working with Opveon to help provide an added level of service to the legal community. Through my experience as a trial attorney, mediator, jury consultant and specializing in pre-trial research for over 10 years, I have learned that nothing is more important than understanding the concerns and issues your jury will discuss and consider BEFORE they begin deliberation. Crafting and presenting the most compelling strategy for your client’s case is how you win. Working with all the disciplines Opveon has to offer is a privilege and one that will serve our clients well." Opveon'steam combines over 100 years of experience in litigation, has been involved in thousands of cases and has provided consulting services
For more information about Opveon and its services visit www.opveon.com.
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