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Briefly Legal

Author: Crowe & Dunlevy

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Briefly Legal delivers Crowe & Dunlevy’s candid conversations on all things legal mixed with humor, headlines and insight on current events. Send us your questions or suggest a topic to brieflylegal@crowedunlevy.com. Also, stay on top of the latest legal developments and industry news via your inbox at crowedunlevy.com/subscribe. Hosted by firm attorney Adam W. Childers. Disclaimers: www.crowedunlevy.com/disclaimer
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For the second year in a row, Oklahoma Human Resources State Council (OKHR) Director Kristi Spaethe joins Briefly Legal for a preview of the PowHR 2024 OKHR Conference. This year, the conference travels back up the Turner Turnpike with all the action taking place at the Hyatt Regency Downtown Tulsa, April 16-18, 2024. Kristi and Adam discuss this year’s tailored breakout sessions and keynote speakers (Greg Hawks, Jovan Glasgow, and Jennifer McClure), and highlight several of the after-hours events planned for attendees, including HR’s Got Talent, an “anything goes” talent show, and Pub PowHR, a pub crawl through downtown Tulsa. As the Premier Presenting Sponsor, our Labor & Employment Practice Group members are excited to present the latest developments in employment law. Make sure to stop by our booth in the vendor hall for a chance to win great prizes. About Kristi SpaetheAdditional Resources PowHR 2024 OKHR ConferenceConnect with Crowe & Dunlevy:Website | Facebook | Twitter | LinkedIn
Our clients often face governmental, legislative, and regulatory challenges that require strategic advice at the local, state, and federal government level. To meet our clients' needs, Crowe & Dunlevy launched the Government Relations, Legislative & Regulatory Affairs Practice Group to provide businesses and non-profits with guidance on a variety of governmental and political issues. In this episode of Briefly Legal, Practice Group Co-chairs Glen D. Johnson and Will Hoch discuss the decades of experience the team has interacting with the legislature, congress, and various administrative bodies, and the importance of engaging a trusted partner that offers substantive knowledge and real-world experience to ensure your voice is heard.About Glen D. Johnson and Will HochAdditional Information Crowe & Dunlevy Launches Comprehensive Government Relations, Legislative & Regulatory Affairs PracticeConnect with Crowe & Dunlevy:Website | Facebook | Twitter | LinkedIn
Chris Davis was born to an average blue-collar family in central Illinois. Growing up, he enjoyed playing sports, going hunting, attending Boy Scout meetings – the things a typical midwestern kid would be interested in. His life changed, however, when he was 17 years old, and doctors had discovered that an astrocytoma had developed on his spinal cord. After undergoing successful surgery to remove the tumor, Chris returned home as a permanent paraplegic. Still confident that he could lead a successful life, Chris knew that he needed to choose a career that was more cerebral than physical and decided to give law school a shot. Fast forward nearly 40 years later and Chris was not only accepting his membership into the American College of Trial Lawyers, but he was also asked to provide the commencement speech at the induction ceremony.  In this episode of Briefly Legal, litigator Chris Davis discusses the series of life events that led him to become the only paraplegic trial attorney in the state of Oklahoma and why mindfulness and being extremely well-prepared help quell people’s perception of him on both sides of the courtroom. He also discusses the legacy of litigators at Crowe & Dunlevy, how their leadership and involvement in the ABA has led him to become a better mentor to young attorneys, and the emphasis and recognition the firm places on the value of diversity in the workplace.About J. Christopher DavisConnect with Crowe & Dunlevy:Website | Facebook | Twitter | LinkedIn
On August 16, 2022, President Biden signed the Inflation Reduction Act (IRA) into law. The IRA provides tax incentives and grants for solar, wind, hydrogen, nuclear, oil and gas, and carbon capture, utilization and storage projects (CCUS). Specifically the IRA amends section 45Q of the tax code to provide credits for the capture and storage of carbon dioxide (CO2) in underground geologic formations. In the second environmental and energy law spin off episode of Briefly Legal, join attorneys Tim Sowecke and Alyssa Sloan as they discuss the growth of CCUS projects and the monetization of CO2 under the IRA, with a specific focus on the management of CO2 as a waste product in industrial and oil and gas operations under the Safe Drinking Water Act’s (SDWA) Underground Injection Control (UIC) program. They’ll highlight important jurisdictional distinctions between UIC Class VI wells used to collect CO2 emissions from large point sources like power generation or industrial facilities, and Class II wells used to dispose of CO2 as a waste product in oil and gas operations. They’ll also touch on environmental justice considerations in the siting of CCUS projects. Whether you’re an oil and gas operator trying to manage CO2 emissions, an entrepreneur looking at opportunities in the nascent carbon market, or just someone wanting to know more about carbon capture and storage, this episode will shed light on some of the latest efforts to capture and commoditize CO2 in the United States. About Tim Sowecke and Alyssa SloanConnect with Crowe & Dunlevy:Website | Facebook | Twitter | LinkedIn
The U.S. Environmental Protection Agency (EPA) has added addressing exposure to per- and polyfluoroalkyl substances (PFAS) as a new regulatory priority in its National Enforcement and Compliance Initiatives for 2024-2027. With this announcement, the number of PFAS-related regulations and enforcement issues is expected to rise over the next several years. Briefly Legal is launching its first spin-off podcast focusing on environmental and energy law issues. In the inaugural episode, energy and environmental attorneys Tim Sowecke and Alyssa Sloan summarize EPA’s enforcement and compliance priorities for 2024-2027 and do a deep-dive on upcoming PFAS regulations, including drinking water standards and increased reporting requirements for manufacturers and processors of PFAS. About Tim Sowecke and Alyssa SloanAddition Resources: EPA Regulations - PFAS as Far as the Eye Can SeeConnect with Crowe & Dunlevy:Website | Facebook | Twitter | LinkedIn
In a decision applicable to both unionized and non-union employers, on August 2, 2023, the National Labor Relations Board (NLRB) overturned a prior 2017 decision that afforded employers flexibility in the policies and procedures they use to govern the workplace and changed its standard for assessing whether certain categories of work rules are lawful to maintain. The NLRB’s new standard outlined in its Stericycle, Inc. decision requires employers to articulate a legitimate business interest in the particular policy and ensure the policy is narrowly tailored. Labor & Employment Practice Group member Jaycee Booth discusses the history of the NLRB’s standard for assessing neutral work rules and explains the new balancing test the NLRB will use to assess whether an employer’s policies will violate the National Labor Relations Act.About Jaycee BoothConnect with Crowe & Dunlevy:Website | Facebook | Twitter | LinkedIn
On May 30, 2023, the National Labor Relations Board (NLRB) issued a memorandum advising NLRB regional directors that most non-compete agreements infringe on an employee’s Section 7 rights under the National Labor Relations Act (NLRA). The memo follows on the heels of the Federal Trade Commission’s (FTC) January 5, 2023, proposed rule prohibiting employers from imposing non-compete clauses on employees—a rule that the FTC has now delayed implementation of until April 2024. Labor & Employment Practice Group member Allen L. Hutson joins the podcast to discuss why the NLRB has begun to aggressively pursue the use of non-compete agreements, who will be affected by the new rules, and the impact they could have on other confidentiality and non-solicitation agreements.About Allen L. HutsonAddition Resources: The Federal Government Takes Another Shot at Non-Compete Agreements Connect with Crowe & Dunlevy:Website | Facebook | Twitter | LinkedIn
Since the U.S. Supreme Court’s decision in McGirt v. Oklahoma in which the court found that Congress had never disestablished the Muscogee Nation’s reservation, several more criminal cases have materialized involving the interpretation of Tribal jurisdiction on reservations outside of the Five Tribes (Cherokee, Chickasaw, Choctaw, Muscogee, and Seminole). One case in particular, Oklahoma v. Brester, involved crimes committed on the Peoria and Ottawa reservations and therefore should be tried in federal court given that the Tribe’s 1867 Treaty boundaries remain intact. Indian Law & Gaming Practice Group Chair Mike McBride represents the Peoria Tribe of Indians of Oklahoma before the Oklahoma Court of Criminal Appeals and the district court. Mike discusses the history of the Peoria Tribe’s terminated, but later restored, federal relationship, and how the decision in Brester affirmed that the reservations had never been disestablished and the Peoria Tribe’s significant powers over the reservation remain intact.About Mike McBrideConnect with Crowe & Dunlevy:Website | Facebook | Twitter | LinkedIn
The United States Environmental Protection Agency (EPA) continues to move forward with the regulation of certain per- and polyfluoroalkyl substances (PFAS), also known as “forever chemicals.” Join Energy, Environmental and Natural Resources Practice Group member and shareholder, Tim Sowecke, for this special Earth Day Episode, in which he discusses the history and chemistry of PFAS and also discusses EPA’s latest proposals to regulate specific PFAS under the Safe Drinking Water Act (SDWA) and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund. He will discuss the implications of these proposals, what’s next on EPA’s PFAS rulemaking agenda (hint Resource Conservation and Recovery Act rules), and the reality that many PFAS will degrade in different environments into other more stable forms of PFAS, challenging the notion that these “forever chemicals” are forever the same.About Tim SoweckeAddition Resources: PFAS Regulation and LitigationConnect with Crowe & Dunlevy: Website | Facebook | Twitter | LinkedIn
Oklahoma Human Resources State Council (OKHR) Director Kristi Spaethe joins the podcast for a preview of the upcoming FunHR OKHR 2023 Conference at the Oklahoma City Convention Center, April 25-27, 2023. Kristi discusses this year's breakout sessions and keynote speakers tailored specifically for HR professionals, and touches on all the fun events planned for conference attendees, including Club FunHR, an 80's themed dance party, and Pub FunHR, a pub crawl through Bricktown. As the Premier Presenting Sponsor, our Labor & Employment Practice Group members are prepared to present the latest developments in employment law. Visit us at booths 1 and 2 in the vendor hall for great prizes as well as a chance to be a part of Briefly Legal.About Kristi SpaetheAdditional Resources 2023 OKHR ConferenceConnect with Crowe & Dunlevy:Website | Facebook | Twitter | LinkedIn
The Securities and Exchange Commission recently proposed new requirements for publicly traded companies, including market entities regulated by the SEC, to address their cybersecurity risks. The proposed requirements are meant to not only protect investors, but would also benefit other market participants from knowing that the publicly traded entities have the proper protections in place. Cybersecurity and Data Privacy Practice Group Chair Anthony Hendricks breaks down the main tenants of the new SEC requirements and discusses why we should expect similar rulemakings from government agencies alike in the near future.About Anthony HendricksAdditional Resources Nothing About You Says Computer Technology podcastConnect with Crowe & Dunlevy:Website | Facebook | Twitter | LinkedIn
On January 18, 2023, the EPA and U.S. Army Corps of Engineers published a final rule redefining the term "waters of the United States" (WOTUS) modifying the purview of bodies of water subject to regulation under the Clean Water Act (CWA) and reversing the regulatory changes made during the Trump Administration. Already being challenged in court, the rule became effective March 20, 2023, and a pending ruling from the U.S. Supreme Court in Sackett v. EPA later this year will ultimately inform the outcome of those challenges. Energy, Environment & Natural Resources Practice Group member Scott Butcher joins the Briefly Legal podcast to discuss the vast history of WOTUS by navigating through the murky waters of extensive agency rulemaking and litigation and associated legal challenges in the 50 years since the CWA was passed. About Scott ButcherConnect with Crowe & Dunlevy:Website | Facebook | Twitter | LinkedIn
On Tuesday, March 7, 2023, Oklahoma voters will return to the polls to decide whether or not adult recreational use of marijuana should be allowed in the state. Regardless of the outcome, securing a place on the ballot for State Question 820 is an achievement all on its own. Melanie Wilson Rughani, co-chair of the firm's Appellate and Initiative Petitions Practice Groups, delivers a deep dive into her role during the four-year journey that led to State Question 820's appearance on the ballot, as well as the rigorous initiative petition process of proposing, crafting, and enacting statutes, legislative measures, and constitutional amendments. From gathering signatures to procuring a special election, Melanie discusses the procedural elements one must conquer in order to achieve the benefits of direct democracy.About Melanie Wilson RughaniConnect with Crowe & Dunlevy:Website | Facebook | Twitter | LinkedIn
In January, the Federal Trade Commission issued a proposed rule that would prohibit all employers nationwide from imposing non-compete clauses on workers, and making the rule retroactive, meaning all pre-existing non-compete agreements would become invalid and unenforceable as well. Arguing that non-compete agreements significantly reduce workers’ wages, this is one of the most aggressive steps taken by the federal government to insert itself into an area previously completely controlled by state law. Labor & Employment Practice Group member Allen L. Hutson provides an overview of the rules on non-compete agreements nationwide and in Oklahoma, breaks down the FTC’s proposed rule and the industries it applies to, and discusses the myriad of challenges it may face during and after the public comment period, including the application of the U.S. Supreme Court’s “Major Questions” doctrine.About Allen L. HutsonAddition Resources: Are Non-Compete AGreements on the Chopping Block? Connect with Crowe & Dunlevy:Website | Facebook | Twitter | LinkedIn
If we have learned anything about workplace culture from the pandemic, it’s that things are constantly changing. One of those changes, coined as “quiet quitting,” can generally be described as the practice of an employee disengaging from the workplace by only performing the bare minimum job requirements—think Stanley from The Office. In our last episode of 2022, Labor & Employment Practice Group member Jaycee Booth discusses how quiet quitting has affected businesses’ productivity, hiring efforts, and reputations, and explores simple but innovative methods employers can utilize to combat this new employment phenomenon.About Jaycee BoothAddition Resources: Gavel to Gavel: Quiet QuittingConnect with Crowe & Dunlevy:Website | Facebook | Twitter | LinkedIn
On June 29, 2022, in Oklahoma v. Castro-Huerta, the U.S. Supreme Court held in a 5-4 decision that the state of Oklahoma had concurrent jurisdiction with the federal government to prosecute crimes committed by non-Indians against Indians in Indian Country. Indian Law & Gaming Practice Group Chair Mike McBride and associate Greg Buzzard discuss the importance of the change in composition to the Supreme Court between McGirt and Castro-Huerta, including the court’s decision to apply the Bracker balancing test for the first time in a criminal law case. They also examine the potential impact of the decision on states with considerably different Tribal jurisdictions and demographics to those in Oklahoma.About Mike McBride and Greg BuzzardConnect with Crowe & Dunlevy:Website | Facebook | Twitter | LinkedIn
Crowe & Dunlevy’s Tulsa office recently relocated to 222 North Detroit, becoming the first tenant to occupy space in the new building in downtown Tulsa’s Greenwood District. Real Estate Practice Group co-chair Malcolm E. Rosser IV joins Briefly Legal to discuss the more than 34,000 square feet of office space that prioritizes functionality, technology and efficiency while also promoting connectivity and comfort. Mac discusses moving away 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—a new concept for large law firms, and food for thought for business people in this new era when traditional brick-and-mortar is learning to adapt to post-pandemic expectations from the workforce.About Malcolm E. Rosser IVConnect with Crowe & Dunlevy:Website | Facebook | Twitter | LinkedIn
In a recent decision regarding the dress code at a Tesla manufacturing plant, the National Labor Relations Board (NLRB) found that a dress code or uniform policy that even implicitly limits employees’ ability to wear clothing that supports a union, unionization, or any collective action related to the terms and conditions of employment violates the National Labor Relations Act (NLRA). Along with Briefly Legal host Adam Childers, Labor & Employment Practice Group member Michael W. Bowling discusses how the rule will be applied moving forward, exceptions to the rule in special circumstances, and why employers should consider updating their dress code policies. Adam and Michael also preview the upcoming annual Labor & Employment Seminars in Oklahoma City on October 13 and in Tulsa on October 25.About Michael W. BowlingAddition Resources: Register for L&E Fest in OKC, Register for L&E Fest in TulsaConnect with Crowe & Dunlevy: Website | Facebook | Twitter | LinkedIn
In a highly controversial move, on Sept. 6 the Environmental Protection Agency (EPA) published its notice for a proposed federal rule to designate two specific “forever chemicals” – PFOA and PFOS – as “hazardous substances” under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund. In Part III of our podcast saga on PFAS regulation, Energy, Environment, & Natural Resources Practice Group member Tim Sowecke discusses the reporting requirements for any release of PFOA or PFOS under the proposed rule, the pre-regulation steps the EPA has taken to lay the foundation for CERCLA, and what to expect at the state and federal levels regarding PFAS-related regulations in the coming year. About Tim SoweckeAddition Resources: PFAS Regulation and Litigation, PFAS Regulatory Update: EPA Issues Updated Drinking Water Health Advisories, Forever Chemicals: What They are and What is being Done to Minimize Their ImpactConnect with Crowe & Dunlevy: Website | Facebook | Twitter | LinkedIn
On Friday, August 26, 2022, Crowe & Dunlevy celebrated its 120th anniversary as a law firm. Founded by Charles Johnson five years before statehood, the firm is currently named for Vincil P. Crowe and Fred W. Dunlevy, who joined in 1929 and 1937, respectively, both instrumental in transforming the firm into a leading law firm in Oklahoma, and a strong supporter of the local community. The firm now has offices in Oklahoma City, Tulsa, Dallas, and Houston. Will Hoch,  Shareholder and Vice President of Marketing & Business Development, joins Briefly Legal to reflect on 120 years of legal excellence, and discusses the firm's plans to recognize more than a century's support from clients and the community by making contributions to charity, diversity, pro bono and community events over the next twelve months.About Crowe & Dunlevy's 120 Year AnniversaryAbout Crowe & Dunlevy's Commitment to Social ResponsibilityConnect with Crowe & Dunlevy:Website | Facebook | Twitter | LinkedIn
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