Briefly Legal

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 en...

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 Que...

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...

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 gu...

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 Grou...

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 triba...

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...

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 t...

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 Protectio...

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...

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 Cong...

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 o...

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 regu...

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 practice...

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. Huts...

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...

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 deadline...

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 attor...

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 Col...

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 am...

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. Ab...

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...

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...

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,...

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 Right...