Briefly Legal

The U.S. Supreme Court recently handed down one of the most significant decisions in decades. In Loper Bright Enterprises v. Raimondo, a case involving a little-known National Marine Fisheries Service regulation, SCOTUS overturned the Chevron doctrine, and in so doing, removed the forty-year old legal foundation that many federal agencies relied upon when promulgating their regulations. In this first of several podcasts to examine the impact of Loper Bright in various industries and practice groups, Labor & Employment Practice Group member Logan C. Hibbs joins Briefly Legal to discuss the two-step test used to determine the amount of deference given to federal agencies when determining the validity of agency regulations under the now defunct Chevron doctrine, and the potential impacts the Court's ruling in Loper Bright could have on ongoing litigation involving workplace regulations including, the Department of Labor's (DOL) new Rule on wage requirements for exempt workers under the Fair Labor Standards Act, the National Labor Relations Board's joint-employer rule, and the DOL's new Rule on who is an independent contractor and who is an employee. About Logan C. HibbsAdditional Resources Chevron Overruled - What Does this Mean for Employers?Connect with Crowe & Dunlevy:Website | Facebook | Twitter | LinkedIn

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

What is a patent? How do I get one? Are they expensive? Are they enforceable? Intellectual Property Practice Group Chair David M. Sullivan answers these questions and breaks down the requirements needed before filing an application with the U.S. Patent and Trademark Office. David provides technical and practical insight into the application process starting with an inventor's abstract idea, and ending with a formal patent application.About David M. SullivanConnect with Crowe & Dunlevy:Website | Facebook | Twitter | LinkedIn

On June 30, 2022, the U.S. Supreme Court ruled in a 6-3 opinion that Congress did not give the EPA authority to set greenhouse gas emissions standards for existing power plants under Section 111(d) of the Clean Air Act (CAA). Energy, Environment & Natural Resources Practice Group member Donald K. Shandy returns to Briefly Legal to discuss the Court's ruling and its application of the Major Questions Doctrine to limit EPA's regulatory authority. He also discusses what the ruling means for administrative agency power more broadly, and the scenarios in which EPA can still regulate emissions under other sections of the CAA. About Donald K. Shandy Additional Resources: West Virginia vs. EPA: An Environmental Regulations Case with Broad Implications for Agency PowerConnect with Crowe & Dunlevy: Website | Facebook | Twitter | LinkedIn

On June 15, the United States Environmental Protection Agency (EPA) issued updated drinking water health advisory levels for four specific types of per- and polyfluoroalkyl substances (PFAS). Based on current analytical methods, the health advisory levels for two of these PFAS are below the level of detection and quantitation, and thus present certain difficulties to the regulated community. While the updated health advisories are intended to act as guidance and are not enforceable regulations, they send a strong signal that EPA intends to continue moving forward with the regulation of PFAS under the Safe Drinking Water Act and other federal environmental statutes. Join Energy, Environment & Natural Resources Practice Group member Tim Sowecke as he discusses the significance of the updated health advisory levels on the public and regulated community and how it fits into EPA's broader strategy to regulate PFAS.  About Tim SoweckeConnect with Crowe & Dunlevy:Website | Facebook | Twitter | LinkedIn

Have you ever wondered what daily life is like for a summer associate at a law firm? Briefly Legal host Adam W. Childers welcomes 2022 summer associate class members Mylon Smith and Jill Hilton to the Crowe's Nest to discuss their busy six weeks as interns. Adam, Mylon and Jill discuss writing their first legal briefs, to attending late night karaoke happy hours, and even provide practical guidance for businesses wanting to start their own summer internship programs.About Crowe & Dunlevy's Summer Associate ProgramConnect with Crowe & Dunlevy:Website | Facebook | Twitter | LinkedIn

Last year, on November 1, 2021, the new Oklahoma Uniform Durable Power of Attorney Act took effect, inadvertently repealing the Oklahoma statutory provisions that authorized executing a durable power of attorney for the purpose of making healthcare decisions. Six months later, those provisions have been reinstated through the creation of the Oklahoma Health Care Agent Act. Healthcare Practice Group member Maggie K. Martin explains the key elements of the Act related to patients and providers alike, and discusses the role she played in helping to draft the bill's language.  About Maggie K. Martin  Connect with Crowe & Dunlevy:Website | Facebook | Twitter | LinkedIn

As we inch closer to the second anniversary of the U.S. Supreme Court's landmark ruling in McGirt v. Oklahoma, issues regarding tribal, federal and state jurisdiction continue to make headlines. Indian Law & Gaming Practice Group member Greg Buzzard and Taxation Practice Group member Jeffery D. Trevillion Jr. examine a recent administrative law judge's ruling in favor of tax immunity for tribal citizen Alicia Stroble and discuss the implications for state income tax revenue if the ruling is ultimately upheld.About Greg Buzzard and Jeffery D. Trevillion Jr.Connect with Crowe & Dunlevy:Website | Facebook | Twitter | LinkedIn

When it comes to cybersecurity, most of us don't know as much as we would like on how our personal data is secured and kept private. New threats arise as new technologies, such as cryptocurrency, emerge on a daily basis. To help our listeners better understand these issues, Cybersecurity & Data Privacy Practice Group members Anthony Hendricks and Drew Palmer join our Briefly Legal podcast for a discussion on the history of cyberattacks and their progression over the last decade, and the motivation behind newly proposed federal legislation intended to regulate business' cybersecurity policies. About Anthony Hendricks and Drew Palmer Additional Resources:Subscribe to our Cyber News Alert ServiceNothing About You Says Computer Technology podcast Cryptocurrency to Affect Monetary PolicyConnect with Crowe & Dunlevy: Website | Facebook | Twitter | LinkedIn 

The Briefly Legal team recently packed up the Crowe's nest and took a field trip to the Hard Rock Hotel and Casino Tulsa in Catoosa, OK for the Innovate 2022 OKHR Conference & Expo. With our studio set up in the vendor hall, Labor & Employment Practice Group Chair and podcast host Adam Childers met with conference staff, alumni, and first-timers to discuss all things OKHR and how it felt to return to the event in-person. What follows is a series of live interviews starting with the 2022 Crowe & Dunlevy Award of Excellence winners Kyle Killingsworth and Tara Crowley, followed by student Deb Thornton and conference alumna Marla Mann, and ending on a high note with OKHR Past State Director Mike Shaw.  Additional Resources: Innovate OKHR 2022 Conference & Expo On Demand Connect with Crowe & Dunlevy:Website | Facebook | Twitter | LinkedIn 

Pending before the U.S. Supreme Court, West Virginia v. EPA focuses on the Obama administration's Clean Power Plan (CPP), which sparked controversy when promulgated in 2015 for using generation shifting measures. Energy, Environment & Natural Resources Practice Group members Alyssa Gillette and Donald K. Shandy discuss the procedural background of the case regarding the Environmental Protection Agency's power to govern CO2 emissions from existing power plants by using “outside-the-fenceline” measures, and touch on the implications a ruling could have on agency power more broadly. About Alyssa Gillette and Donald K. Shandy Additional Resources: Gavel to Gavel: Case Could Affect Agency Jurisdiction Connect with Crowe & Dunlevy:Website | Facebook | Twitter | LinkedIn

Oklahoma Human Resources State Council (OKHR) Director Heidi Hartman joins the podcast for a preview of the upcoming Innovate OKHR 2022 Conference & Expo at the Hard Rock Hotel and Casino, April 4-7, 2022. Heidi discusses many of the breakout sessions and keynote speakers tailored specifically for innovative HR professionals, and touches on all the great events the conference has to offer. As the Premier Presenting Sponsor, our Labor & Employment Practice Group members are prepared to present the latest developments in employment law. Visit us at booth 10-11 in the expo hall for great prizes as well as a chance to be a part of Briefly Legal. About Heidi Hartman Register for the 2022 OKHR Conference & Expo 

Since State Question 788 was introduced in 2018, nearly 400,000 patient and commercial licenses have been issued across the state of Oklahoma for either the consumption or distribution of medical cannabis. While revenue from the cannabis industry has steadily increased, federal legislation to provide banking services to cannabis businesses, such as the SAFE Banking Act of 2021, has stalled in Congress. Attorneys Joel W. Harmon and Zane Anderson discuss the approaches banks are taking to comply with federal banking regulations and lay out the best practices for businesses wanting to enter the competitive cannabis market in Oklahoma. About Joel W. Harmon and Zane Anderson 

Since 2017, more than 50 percent of all charges filed with the Equal Employment Opportunity Commission (EEOC) and state-law equivalent agencies involved claims of alleged retaliation in the workplace. In an effort to stamp out all types of workplace retaliation, the EEOC, National Labor Relations Board and U.S. Department of Labor announced plans to work collaboratively and developed a memoranda of understanding to help promote and protect workers' rights, potentially exposing employers to the risk of increased liability for workplace violations. Labor & Employment Practice Group Chair Adam W. Childers and attorney Jaycee Booth explain and detail best practices for employers to prepare for these big changes.About Jaycee Booth

In July 2020, the U.S. Supreme Court decided McGirt v. Oklahoma, in which it held the Muscogee (Creek) Nation was never disestablished by Congress and therefore remains “Indian country” under federal law for purposes of criminal jurisdiction. At the time, Chief Justice Roberts wrote in his dissent that the decision had the potential to create “significant uncertainty” regarding environmental regulation in Oklahoma. The U.S. Environmental Protection Agency (EPA) entered the fray last month when it issued a notice and request for comment concerning the reconsideration of its October 2020 confirmation of Oklahoma's EPA-approved environmental regulatory programs. Energy, Environment & Natural Resources Practice Group member Tim Sowecke discusses the history of federal environmental regulations between states and tribes, including the “Midnight Rider” provision that was inserted into a 2005 transportation bill, and provides clarity on what stakeholders and the business community can expect when trying to alleviate the uncertainty surrounding McGirt and its impact on Oklahoma's environmental regulations.About Tim Sowecke

Crowe & Dunlevy attorneys Michael W. Bowling and Maggie K. Martin weigh in on the Centers for Medicare and Medicaid Services' (CMS) vaccine mandate and what's required of nearly 10 million healthcare workers and 76,000 healthcare facilities nationwide. Today's guests go over details that policies and procedures should cover, new compliance deadlines and recommended best practices for managing medical and religious exemptions. We also discuss CMS's tiered approach for facilities to reach 100% compliance and answer tough questions on how to handle employees and patients with complaints and concerns regarding mandate requirements.About Michael W. Bowling and Maggie K. Martin

On Friday, Jan. 7, 2022, the U.S. Supreme Court heard oral arguments regarding the Occupational Safety and Health Administration's (OSHA) emergency temporary standard (ETS) that went into effect Monday, Jan. 10, as well as the Center for Medicare and Medicaid Services (CMS) vaccine and testing mandate. Host Adam W. Childers joins fellow Labor & Employment Practice Group attorneys Allen L. Hutson and Katie Campbell to discuss the background and journey that led the ETS and CMS to the steps of the highest court in the nation. The group shares insight on the nine judges' reactions to Friday's arguments and  predictions on the pending SCOTUS decision while also discussing what employers should do while awaiting the ruling.About Allen L. Hutson and Katie Campbell

Despite historically low unemployment rates across of the U.S., some employers are struggling to find the right talent and keep employees after they're hired. We're glad to be joined by Liz Brolick, General Manager of Tulsa-based ProRecruiters, who brings more than 20 years of staffing and recruiting experience to our conversation. In this episode, we discuss potential solutions for companies to consider concerning salaries, workplace flexibility and employee investment, and we'll also learn what employers should understand about today's workforce in order to succeed in this challenging area.Connect with Crowe & Dunlevy: Website | Facebook | Twitter | LinkedIn 

Eight weeks after President Biden announced a federal vaccine mandate to help curb the transmission of COVID-19 in the U.S. workplace, the Occupational Safety and Health Administration has now issued an Emergency Temporary Standard (ETS) for employers with at least 100 employees. Labor & Employment Practice Group attorney Mary P. Snyder highlights important takeaways, fast-approaching deadlines and action items that employers should pay attention to in order to comply with the ETS.  About: Mary P. SnyderAdditional Resources: OSHA Issues Long-Awaited COVID-19 Vaccine and Testing Rules for Private Employers, CMS Issues Mandatory COVID-19 Vaccination Regulations for Healthcare Facilities Connect with Crowe & Dunlevy: Website | Facebook | Twitter | LinkedIn 

Whether it's a medical emergency or terminal disease, decisions pertaining to one's health—especially in end-of-life situations—can be some of the most difficult to make. In some cases, patients rely on an appointed individual to make those decisions for them. On November 1, 2021, House Bill 2548 will go into effect, specifically removing an individual's ability to execute a durable power of attorney for healthcare purposes. Healthcare Practice Group member Maggie K. Martin discusses key provisions repealed by the new legislation and the limited options that Oklahoma residents can utilize in place of the durable power of attorney.About Maggie K. MartinConnect with Crowe & Dunlevy: Website | Facebook | Twitter | LinkedIn 

Not long ago, most college football games were not televised. That was until the U.S. Supreme Court struck down the National Collegiate Athletic Association's (NCAA) television monopoly in NCAA v. Board of Regents of the University of Oklahoma. One of the individuals responsible for that landmark decision was Crowe & Dunlevy Antitrust attorney and former Dean of the University of Oklahoma College of Law, Andrew M. Coats. Andy discusses what it was like successfully arguing before the Supreme Court for his alma mater as well as the University of Georgia, the lasting impact of the case on college sports and the only time in his career that he's been speechless—when the University of Oklahoma named its law school after him.  About Andrew M. CoatsConnect with Crowe & Dunlevy: Website | Facebook | Twitter | LinkedIn 

For most people, the knee jerk response to taking someone else's private property for any reason is that it's wrong. However, the legal concept of a government's right to expropriate private property for public use, also known as eminent domain, is a little more nuanced. Energy, Environment & Natural Resources Practice Group member Tim Sowecke navigates through Latin phrases, constitutional amendments and a story about a little pink house that sparked a fiery dissent from U.S. Supreme Court Justice Thomas, to explain the background of eminent domain and how it may even offer a tool to expand America's infrastructure.About Tim SoweckeConnect with Crowe & Dunlevy: Website | Facebook | Twitter | LinkedIn

Litigator and Crowe & Dunlevy Pro Bono Co-Coordinator Aimee Majoue shares her experience and perspective regarding the expungement of criminal records. In this episode, Aimee discusses an array of instances when this type of proceeding may be useful, the procedure for pursuing an expungement and how the successful result of the process can open new doors for individuals and companies alike.About Aimee MajoueConnect with Crowe & Dunlevy: Website | Facebook | Twitter | LinkedIn

Since our last discussion over the heavily debated decision in McGirt v. Oklahoma, new challenges to state and federal jurisdiction regarding both criminal and civil matters have arisen. Indian Law & Gaming Practice Group members Jennifer N. Lamirand and Greg Buzzard examine several recent cert petitions filed with the U.S. Supreme Court in an effort to overturn the McGirt ruling, and why it is unlikely that the court will intervene. About Jennifer N. Lamirand and Greg BuzzardConnect with Crowe & Dunlevy: Website | Facebook | Twitter | LinkedIn

As the COVID-19 pandemic continues to impact the workplace, public and private employers remain agile to meet federal guidance regarding how to handle vaccinated and unvaccinated workers. Labor & Employment Practice Group member Mary P. Snyder discusses the progression of OSHA, EEOC and U.S. DOJ vaccination guidance, how various industries are responding and how employers can evaluate and make the best decisions regarding workplace vaccination policies.About Mary P. SnyderAdditional Resources: osha.gov/coronavirusConnect with Crowe & Dunlevy: Website | Facebook | Twitter | LinkedIn

After practicing law for more than 20 years in Los Angeles and 15 years in Oklahoma City, entertainment industry veteran and Entertainment Practice Group Chair Jay Shanker is seeing more and more of a new class of clientele: filmmakers in Oklahoma. Jay discusses the burgeoning scene and Americana appeal that's attracting internationally and nationally-known film professionals and how the industry, with potential to see significant growth over the next few years, could create additional long-term opportunities for a variety of supporting industries across the state.Additional Resources:Bibliography—The Essential Guide to Entertainment LawThe Oklahoma Film and Music OfficeAbout Jay ShankerConnect with Crowe & Dunlevy: Website | Facebook | Twitter | LinkedIn

One of the worst things a business owner can do is wait too long to seek restructuring and insolvency advice once financial distress arises. This includes waiting until all of the money is gone, signing the forbearance that waives all owner's rights when lenders are out of patience, or the foreclosure is tomorrow. Saving the business takes time and money, but Bankruptcy & Creditor's Rights Practice Group members Vickie L. Driver and Crissie W. Stephenson explain how experienced legal counsel can help business owners address issues right away instead of enduring additional financial hurdles.About Vickie L. Driver and Crissie W. StephensonConnect with Crowe & Dunlevy: Website | Facebook | Twitter | LinkedIn

On July 9, 2020, the U.S. Supreme Court ruled that the Muscogee (Creek) Nation reservation had never been disestablished, creating a jurisdictional shift in criminal law matters and leaving many unanswered questions regarding civil regulatory issues. One year later, a number of these issues—such as taxes for tribal citizens—have gone unresolved. Indian Law & Gaming Practice Group members Jennifer N. Lamirand and Greg Buzzard explain the history and impact of McGirt v. Oklahoma, and why it will be referenced on matters of legal reform for years to come.About Jennifer N. Lamirand and Greg BuzzardConnect with Crowe & Dunlevy: Website | Facebook | Twitter | LinkedIn

In 2020, U.S. companies reported more than 800,000 cyber incidents to the Federal Bureau of Investigations. Headlines continue to draw attention to breaches hitting a growing list of entities including meat processor JBS, a water plant in Florida, the City of Tulsa, Colonial Pipeline, and others, signaling a call for greater security to help companies and their employees better protect themselves against vulnerabilities. Cybersecurity & Data Privacy Practice Group members Anthony Hendricks and Jordan E.M. Sessler explain threats that could compromise a company's data or functionality, best practices to safeguard against the potential for a cyber incident and what to do in the event of an attack.About Anthony Hendricks and Jordan E.M. SesslerAdditional Resources:Nothing About You Says Computer Technology podcastConnect with Crowe & Dunlevy: Website | Facebook | Twitter | LinkedIn

From OSHA consultations and wage and hour investigations to asbestos abatements and amusement park ride inspections, the Oklahoma Department of Labor (ODOL) offers employers and consumers a number of workplace-related services and resources. In this episode of Briefly Legal, ODOL Chief of Staff/General Counsel Don Schooler provides an overview of the multi-functional ODOL, best practices for how employers can maximize ODOL benefits and common misconceptions about what the department handles on a day-to-day basis. About the Oklahoma Department of LaborConnect with Crowe & Dunlevy: Website | Facebook | Twitter | LinkedIn

You may not have heard about a class of synthetic compounds broadly referred to as PFAS, but these artificial substances can be found in the blood stream of approximately 90% of Americans at any given time and some have been known to cause health problems and an increased risk for certain cancers. Energy, Environment & Natural Resources Practice Group members Donald K. Shandy and Tim Sowecke discuss forever chemicals' broad use in consumer products and why state regulation may be critical in order to protect public health.About Donald K. Shandy and Tim SoweckeConnect with Crowe & Dunlevy: Website | Facebook | Twitter | LinkedIn

On April 21, 2021, Oklahoma Governor Kevin Stitt signed HB 2508, automatically enacting the Oklahoma Uniformed Services Employment and Reemployment Rights Act. Labor & Employment attorney and Oklahoma National Guardsman Evan Way discusses this recent update in Oklahoma military leave laws along with telling implications for employers based on current cases from the Seventh and Third Circuits. Moving forward, Evan shares what employers can do to be proactive and properly take care of military and uniformed service members while avoiding costly mistakes in military leave policies. About Evan WayConnect with Crowe & Dunlevy: Website | Facebook | Twitter | LinkedIn