Recent Legislation Clarifies the Government’s Ability to Reach Data Stored Overseas 

Supreme Court Decision on Arbitration Agreements May Cause Employers to Consider Arbitration 

If You're Going to Sell Alcohol this Fall in Oklahoma, Apply for Employee Licenses Now 

Board of County Commissioners of Kingfisher Co. Revise Pipeline Crossing Permits to Ban Use of Produced Water in Temp Lines 

Filling the Sports Betting Void Following the Supreme Court’s PASPA Knockout 

GDPR and How it Applies to Your Company 

FDA Sets Compliance Enforcement Deadline for Menu Labeling 

Sexual Harassment in the Workplace and How to Avoid It 

Department of Labor Changes Stance on Unpaid Interns 

2018 Estate Planning Updates 

Telemedicine Developments - New Oklahoma Law Expands Options But Raises Questions 

Lessons from Katrina—Flood Class Actions 

Is Your Organization Subject to the Oklahoma Open Records Act? 

Price Gouging is Illegal Activity During Natural Disasters 

Health Plan Accommodations for Those Affected by Natural Disasters 

Business Interruption Policies and Natural Disasters 

Wage and Hour Concerns for Texas Employers Affected by Hurricane Harvey 

Oklahoma Law Clarified Regarding Persons Permitted to Provide Treatment Consent for Incapacitated Patients

Texas Court Rules Obama-Era Overtime Regulations Invalid Because They Exceeded DOL's Authority

New Government Opioid Targeting Initiative

Repo Man or Loan Originator? Liability as a Debt Collector Under the FDCPA

New Web Access Law Aims to Protect Businesses

 Allocating Risk in Business Associate Agreements

Air Traffic Control Privatization—Benefits & Drawbacks for Commercial Airlines & General Aviation Community

New DOJ Guidance Focuses on Proactive Measures

FDA Menu Labeling Rule Delayed Again

Absolute Immunity No Longer Absolute For Tribal Officials and Employees

Now Is The Time To Make Sure Your I-9s Are In Order

Appellate Court's About-Face On Sexual Orientation Discrimination

Final Rule Regarding Off-Campus Provider-Based Departments

Wind Energy Regulations Now in Place: Plan Your Annual Report

Year in Review: A Closer Look at Employment Law

Employers Must Not Turn a Blind Eye to Website Accessibility

Can Oil and Gas Producers Reject Agreements in Bankruptcy?

DOL’s Overtime Rule Will Not Go into Effect Next Week

Politics in the Workplace: Keeping Cool While the Election Heats Up

OSHA Changes Compliance Deadline (Again) for Anti-Retaliation Provisions

Employers Need to Review Drug Testing Policies with Several Rules in Mind

Oklahoma Supreme Court Says No to Opt-Out Injury Plans

Recent Oklahoma Supreme Court Decision May Make it More Difficult to Terminate At-Will Employees

Will New Legislation Impact Your Healthcare Business?

What You Need to Know About IRS Proposed Changes

Is Your Funding at Risk?

New Rules are Here—Physician Assistant Act Changes

Crowe & Dunlevy Represents Citizen Potawatomi Nation in Precedent-Setting Victory

FDA Menu Labeling Rule—Compliance Dates Approaching

Criminal Enforcement Trends in Indian Country

Employee Resignation Starts the Clock on Deadline to File Constructive Discharge Lawsuit

U.S. Supreme Court Fails to Reach Opinion on Tribal Court Jurisdiction

Tribal Employers Should Analyze Positions Classified as Exempt Under the FLSA

Keepseagle Native American Agriculture Fast Track Fund Deadline Quickly Approaching

Crowe & Dunlevy Obtains Landmark Decision Under the WARN Act

New Electronic OSHA Reporting Rule and Anti-Retaliation Provisions Will Impact Many Employers

Now is the Time for Employers to Analyze all Positions Classified as Exempt Under the FLSA

The Wait is Over! Department of Labor Announces Final Rule Changing Salary Thresholds for Exempt Employees

PPD Deferral and AMA Guide Use for Scheduled Members Stricken

Ban the Box becomes Law of the Land for State Employers in Oklahoma

Tenth Circuit: More Than Six Months of Leave Almost Never Required as a Reasonable Accommodation

Pruitt v. Native Wholesale Supply: The End of the Road for the Latest Wave of Nation-to-Nation Cigarette Sales?

Knowing Your Rights and Obligations When Interviewing with Investigators

Changes to COBRA Notices Required

Health Information Privacy Requirements Have Wide Reach

Michigan Comes Up “Snake Eyes” Before the Supreme Court in Quest to Dismantle Tribal Immunity: The Bay Mills Casino Case and Warning Signs for the Future

The Fine Line Between Cooperation and Incrimination: Knowing Your Rights and Obligations When Interviewing with Investigators
 Every day trained investigators are able to move their investigation from the realm of speculation to prosecutable facts through the skill of interviewing cooperative, unassuming witnesses. The number of prosecutions that turn into certain convictions as a result of incriminating statements or confessions during a simple interview is staggering.

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In-House Corporate Compliance Investigation and Privilege
 By now, most companies are aware of the benefits of having a compliance program and policies in place to effectively investigate non-compliance issues and to discover and disclose improper conduct in a timely manner. Clearly, robust compliance programs and policies promote compliance with the law and protect the company's legal interest. The recently issued federal court opinion in United States ex rel. Barko v. Halliburton Co., No. 1:05-CV-1276 (D.D.C. slip op. issued March 6, 2014), will likely urge litigants to assert that such compliance programs and policies are merely “routine business practices,” and that information obtained and documents created in the course of such compliance programs are not subject to the protections of either the attorney-client privilege or the work-product doctrine, and thus subject to discovery.

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Workers' Compensation Commission's Authority to Review Court of Existing Claims Decisions
 On April 17, the Oklahoma Supreme Court held that the Workers' Compensation Commission cannot review an order of award made by the Court of Existing Claims for an injury occurring prior to February 1, 2014, despite provisions which provides for the Commission's authority to review such matters.

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Cold Comfort: Recent Federal Guidance on Handling the Proceeds of Marijuana Related Businesses Offers Little Real Assurance to Financial Institutions
 When states like Colorado and Washington announced the legal sale of marijuana for recreational use, it raised a number of concerns—legal, moral, political and practical. Given that sale and use of marijuana was still illegal under federal law, there were substantial questions about how the Department of Justice (DOJ) would approach enforcement of the Controlled Substances Act (CSA) which conflicted with state law. The DOJ offered a partial answer to that question in an August 2013 memo. However, the August guidance left open the question of how the financial services industry could handle the proceeds of legal marijuana sales.

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Impact of the Affordable Care Act on Native Americans
 The Affordable Care Act (ACA) is a vast, complex law that has been the subject of considerable ambiguity and confusion, including the impacts and application the ACA has had on Native American governments and tribal citizens. Some guidance has recently been given regarding the impact of the ACA on individual Native Americans regarding health insurance coverage.

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Avoid HIPAA Penalties and Liability—Use SAFER Guides
 The Office of the National Coordinator for Health Information Technology recently published detailed guidance, called SAFER guides, to assist healthcare providers identify and minimize potential safety issues associated with electronic health record technology. Healthcare privacy and security officers should familiarize themselves with the guides to help address many of the issues identified by the Office for Civil Rights in the trial HIPAA audits conducted last year.

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Oklahoma Supreme Court Rules Workers' Compensation System Is Constitutional
 The watchful eyes of the Oklahoma business community have been fixed on the Oklahoma Supreme Court, waiting on word as to whether or not the Oklahoma Legislature's planned sweeping changes to the workers' compensation system will pass legal muster. On December 16, they got at least the first part of that answer.

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Five New Year's Resolutions for the Human Resources Professional
 Mary Snyder, an attorney from Crowe & Dunlevy's Labor & Employment Practice Group, shares five New Year's resolutions to aid human relations professionals to improve employee policies and procedures resulting in greater protection for a company in the event of litigation or a government audit.

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Tips for Updating Your Cybersecurity Program and How to Handle Breaches
 In recent months, the federal government has placed growing attention on the importance of cybersecurity. These enforcement proceedings stress the need for banks, especially community banks, to step up their efforts to protect themselves and their customers.

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Government Re-opens Following Shutdown
 The Federal Aviation Administration (FAA), including the FAA Civil Aircraft Registry Public Documents Room from which we conduct all FAA-related work with respect to searches and filings, has re-opened as of Thursday, October 17, 2013.

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Oklahoma Supreme Court Does An About-Face on Tribal Sovereignty
 In a significant reversal of several recent decisions, the Oklahoma Supreme Court adopted the position that "courts of competent jurisdiction" in the model gaming compact does not include Oklahoma state courts and that tribes are immune from dram-shop liability in state court unless the tribe expressly waives its sovereignty immunity.

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Shutdown City - What the Federal Shutdown Means for Employers
 With Congress failing to pass a continuing resolution necessary to fund the federal government's operations, the government formally shutdown at midnight on Tuesday, October 1, 2013. Of course, those government functions that are deemed "essential" will continue to operate, but what about the Equal Employment Opportunity Commission (EEOC), Occupational Safety and Health Administration (OSHA) or United States Citizenship and Immigration Services (USCIS)?

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Telephone Act Changes May Impact Debt Collection Process for Hospitals
 As of October 16, 2013, entities utilizing automated voice systems for telemarketing or debt collection calls to patients' cellular phones must comply with the new "prior express written consent" requirement imposed by the Federal Communication Commission (FCC) under the Telecommunication Consumer Protection Act (TCPA).

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Potential Government Shutdown
 The Federal Aviation Administration (FAA) sent out notice regarding the effect on the FAA Civil Aircraft Registry Public Documents Room (the PD Room) if a government shutdown occurs at midnight, September 30, 2013.

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Should Employers Issue Market Place Notices by October 1
 On September 12, 2013, the Department of Labor (DOL) issued a FAQ stating that employers "should provide a written notice" by October 1, as required by Section 1512 of the Affordable Care Act (ACA), but "there is no fine or penalty under the law for failing to provide the notice." Crowe & Dunlevy attorneys recommend employers provide notices and discuss reason to provide such.

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Estate Planning Update
 We experienced a flurry of activity at the end of 2012 as clients made decisions about gifting as we approach the fiscal cliff. Cynda C. Ottaway, Crowe & Dunlevy attorney and Private Wealth & Closely-Held Business Practice Group chair, provides a summary of current estate planning law.

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Client Advisory Regarding U.S. Aircraft Registration and Non-U.S. Citizen Trust Policy Clarification with September 16, 2013 Effective Date
 On August 28, 2013, members of the Association of Aircraft Title Lawyers ("AATL") met with representatives of the Federal Aviation Administration ("FAA") in Oklahoma City, Oklahoma, regarding the Notice of Policy Clarification for the Registration of Aircraft to U.S. Citizen Trustees in Situations Involving Non-U.S. Citizen Trustors and Beneficiaries dated June 18, 2013 (the "Policy Clarification"). Will E. van Egmond, an attorney in Crowe & Dunlevy's Aviation/Aircraft Practice Group, outlines some important practical information regarding the Policy Clarification with an effective date of September 16, 2013.

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HIPAA Update - Don’t Delay! HITECH Revisions Must be Implemented by September 23, 2013
 What are the revisions to HIPAA made by the HITECH act? Crowe & Dunlevy attorneys have developed a table summarizing some of the key revisions made by the HITECH act.

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HIPAA Update - Business Associate Agreements Must be Implemented by September 23, 2013
 The HIPAA HITECH revisions include a unique transition period pertaining to business associate agreements which are described in detail below. Read more about this transition period and how Crowe & Dunlevy's updated template business associate agreement can help your business stay in compliance in this advisory.

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HIPAA Update - August 15, 2013
 Covered entities must revise and distribute their Notice of Privacy Practices (NPP) before September 23, 2013. Crowe & Dunlevy attorneys have updated the firm's template NPP and it is available in this advisory.

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De Minimis Contacts, Maximum Penalties? Government Asserts Aggressive Interpretation of FCPA Jurisdiction
 This quarter, it has become clear that the Department of Justice and other government agencies have truly stepped up their efforts to combat corruption by deploying novel and potentially powerful new tools from the anti-corruption toolbox. In this advisory, two attorneys from Crowe & Dunlevy's Criminal Defense, Compliance & Investigations Practice Group, Andre' Caldwell and Melanie Rughani, have outlined these new developments.

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Winds of Change - The United States Supreme Court Issues Two Favorable Decisions for Employers
 On June 24, 2013, the Supreme Court issued two opinions that will have a dramatic affect on employment law litigation in the United States. Allen L. Hutson, an attorney in Crowe & Dunlevy's Labor & Employment Practice Group, outlines both decisions in this advisory.

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HIPAA Update - Don’t Delay! HITECH Revisions
 As of September 23, 2013, covered entities must comply with the revisions to HIPAA made by the Health Information Technology for Economic and Clinical Health Act (“HITECH”). Healthcare attorney Karen S. Rieger outlines these revisions and discuss action items in this advisory.

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Makin’ Copies - Judge’s Ruling on Unpaid Internships Makes the Training Staple a Risky Proposition for Employers
 Jonathan Rector, an attorney from Crowe & Dunlevy's Labor and Employment practice, discusses measures employers can take to be certain they are bringing on an intern, and not an employee entitled to minimum wage.

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OSHA Employer Requirements for Hazardous Chemical Communications Training and the Safety of Temporary Workers

In this advisory, Crowe & Dunlevy Labor & Employment attorney, Amy E. Sellars, outlines recent revisions to OSHA's Hazard Communication Standard and how the revisions will effect both employers and temporary agencies.

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FMLA Updates - Employer Action Required
 Jonathan Rector, an attorney from Crowe & Dunlevy's Labor and Employment practice, outlines a recent rule issued by the United States Department of Labor which makes changes to existing FMLA regulations.

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Regulatory & Enforcement Outlook for Financial Institutions
 Daniel Burstein, an attorney from Crowe & Dunlevy's Criminal Defense, Compliance & Investigations Practice Group, discusses recent anti-money laundering enforcement actions and other issues of concern for financial institutions going forward.

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The Employment Eligibility Verification Form Has Been Revised
 Jonathan Rector, an attorney from Crowe & Dunlevy's Labor and Employment practice, outlines recent revisions to the U.S. Citizenship and Immigration Services' Form I-9

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Download New I-9 Form (PDF)


HIPAA Update Part II: What You Need To Do Now
 Attorneys from Crowe & Dunlevy's Healthcare practice list the things that covered entities need to do to implement the new HIPAA requirements.

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HIPAA Update Part I: HIPAA Mega Rule Released
 Attorneys from Crowe & Dunlevy's Healthcare practice outline modifications to the HIPAA privacy and security rules after the release of the HIPAA Mega Rule.

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Compliance Invites Mercy: An Assessment of Third Quarter FCPA Enforcement
 Attorneys from Crowe & Dunlevy's Criminal Defense, Compliance & Investigations Practice Group discuss significant Foreign Corrupt Practices Act enforcement actions taken during the third quarter of 2012.

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Upcoming Events

Crowe In the News

State Question 788 Roundtable 
The Journal Record - J. Blake Johnson and Sanford C. Coats participated in The Journal Record Roundtable discussion regarding State Question 788. More...

Gavel to Gavel: Local vs. State Regulatory Conflict 
The Journal Record - Timothy M. Sowecke, a member of Crowe & Dunlevy's Energy, Environment & Natural Resources Practice Group, discusses the Kingfisher County rule on produced water, which presents a local vs. state regulatory conflict. More...

Decision Allows States, Tribal Jurisdictions to Develop Sports Gaming 
Daily Oklahoman - Jennifer N. Lamirand, a member of Crowe & Dunlevy's Indian Law & Gaming Practice Group, discusses the U.S. Supreme Court decision that will allow states and tribal jurisdictions to develop sports gaming. More...

SQ 788 Debate Grows Over Qualifying Conditions 
The Journal Record - J. Blake Johnson discusses how the law within SQ 788 would work and how it compares to other states. More...

Crowe & Dunlevy Adds Three to Dallas Office 
Crowe & Dunlevy - Crowe & Dunlevy recently added Andy Szuwalski and Jeremy Berman as directors and Rhonda McGee as a paralegal to its Dallas office. The additions effectively double the number of employees in the recently opened location and add significant intellectual property offerings to clients in Dallas and the region. More...

New Alcohol Laws Create Opportunities for Craft-beer Market 
Tulsa World - Evan Way, a member of Crowe & Dunlevy's Administrative & Regulatory Practice Group discusses how medical marijuana legalization poses unique questions for employers. More...

Mid-America Medical Cannabis Conference and Expo comes to OKC June 1-2 
City Sentinel - Several Crowe & Dunlevy attorneys presented at the Mid-America Medical Cannabis Conference and Expo in Oklahoma City. More...

Medical Marijuana Legalization Poses Unique Questions for Employers 
Daily Oklahoman - Allen L. Hutson, a member of Crowe & Dunlevy's Labor & Employment Practice Group discusses how medical marijuana legalization poses unique questions for employers. More...

Legal Counsel: Medical Marijuana Measure Manageable for Employers 
Daily Oklahoman - J. Blake Johnson discusses State Question 788 and what impact it will have on employers if it passes in Oklahoma. More...

Entertainment Law Key in Protecting Artists' Rights 
Daily Oklahoman - Jay Shanker, chair of Crowe & Dunlevy's Entertainment Practice Group discusses how entertainment law is key in protecting artists’ rights. More...

Experts Dissect SQ 788 
The Journal Record - J. Blake Johnson participated on a roundtable panel regarding SQ 788 and what happens if it passes in Oklahoma.More...

Walker to Lead Crowe & Dunlevy’s Energy Practice 
Crowe & Dunlevy - L. Mark Walker, chair of Crowe & Dunlevy's Energy, Environment & Natural Resources Practice Group was recently appointed as chair of the group. More...

Legalizing Sports Betting: What It Could Mean for Oklahoma 
Daily Oklahoman - Jennifer N. Lamirand, a member of Crowe & Dunlevy's Indian Law & Gaming Practice Group discusses the recent U.S. Supreme Court decision making sports betting legal in most states, including Oklahoma. More...

Feds May Let More Employers Band Together to Provide Employee Health Insurance 
Daily Oklahoman - Alison M. Howard, chair of Crowe & Dunlevy's Employee Benefits & ERISA Practice Group discusses how the government may let more employers band together to provide employee health insurance. More...

General Data Protection Regulation Policy Goes into Effect in May 
 Daily Oklahoman - 
Anthony Hendricks, a member of Crowe & Dunlevy's Administrative & Regulatory Practice Group discusses the General Data Protection Regulation policy that went into effect in May 2018. More...

Supreme Court Paves Way for Sports Wagering 
The Journal Record - Mike McBride III chair of Crowe & Dunlevy's Indian Law & Gaming Practice Group comments on U.S. Supreme Court opinion regarding sports wagering. More...

Electronic Harassment Becoming More Prevalent, Survey Shows 
 Daily Oklahoman - 
Melissa McDuffey, a member of Crowe & Dunlevy's Labor & Employment Practice Group discusses the recently published sexual harassment in the workplace survey results by The Employment Law Alliance. More...

Supreme Court Makes U-Turn on Interpretation of Overtime Rules 
Daily Oklahoman - Mary P. Snyder, a member of Crowe & Dunlevy's Labor & Employment Practice Group discusses the Supreme Court's u-turn on interpretation of overtime rules. More...

Crowe & Dunlevy Honors TU Law Student 
The Journal Record - First-year University of Tulsa College of Law student Fareshteh Hamidi was presented Crowe & Dunlevy's Diversity Scholar Program scholarship. More...

Tribal Sovereign Immunity and Real Property Lawsuits 
The Journal Record - Malcolm E. Rosser IV, co-chair of Crowe & Dunlevy's Real Estate Practice Group and Stacy A. Schauvliege, a member of Crowe's Real Estate Practice Group discuss tribal sovereign immunity and real property lawsuits. More...

Gorsuch and the Coexistence of Natural Law and Originalism 
Law360 - Randy Gordon, managing director of the Dallas office of Crowe & Dunlevy, discusses Gorsuch and the coexistence of natural law and originalism. More...

Chambers & Partners Highly Ranks Crowe & Dunlevy 
Crowe & Dunlevy - Crowe & Dunlevy has been highly ranked in the international legal publisher Chambers & Partners' 2018 USA Directory as the only firm to be ranked in all Oklahoma areas of legal practice and one of only two firms in the Native American law area of legal practice in Oklahoma. More...

The Big Picture: DOJ's Bid to Halt AT&T's Time Warner Deal 
Law360 - Randy Gordon, a member of Crowe & Dunlevy's Antitrust Practice Group, comments on the big picture of the Department of Justice's bid to halt AT&T's Time Warner deal. More...

Leadership in Law Profile: Judy Hamilton Morse 
The Journal Record - In 1979, Judy Hamilton Morse was the second female attorney in Crowe & Dunlevy's Litigation & Trial Practice Group. More about Judy Hamilton Morse...

Ellis Named to American Academy of Appellate Lawyers 
The Journal Record - Harvey D. Ellis, Jr., a member of Crowe & Dunlevy's Appellate Practice Group was selected for membership in the American Academy of Appellate Lawyers. More...

After Stumble, Macy's Shares Environmental Lessons 
The Journal Record - Don Shandy, a member of Crowe & Dunlevy's Energy, Environmental & Natural Resources Practice Group discusses how after stumble Macy's environmental lessons become a teaching moment for other businesses. More...

Court Orders Sale of St. Gregory's Real Estate, Assets 
The Journal Record - Will Hoch, Chair of Crowe & Dunlevy's Bankruptcy & Creditor's Rights Practice Group discusses the court ordering sale of St. Gregory's real estate, assets. More...

Your Medical Future is Now 
The Norman Transcript - Karen S. Rieger, Chair of Crowe & Dunlevy's Healthcare Practice Group discusses how your medical future is now with telehealth. More...

Retaliation is Most Common Discrimination Claim in U.S. Workplace 
The Daily Oklahoman - Gaylan Towle II, an attorney with Crowe & Dunlevy and a member of Crowe's Labor & Employment Practice Group discusses how retaliation is the most common discrimination claim in U.S. workplace. More...

Weed Resistance: SQ 788 Would Put Employment Policies at Issue 
The Journal Record - J. Blake Johnson, an attorney with Crowe & Dunlevy and a member of Crowe's Litigation & Trial Practice Group discusses how SQ 788 would put employment policies at issue. More...

OU Moot Team Wins National Competition 
The Black Chronicle - Christopher Staine, an attorney with Crowe & Dunlevy and Chair of Crowe's Diversity Committee helped coach the OU Moot Team to a national championship at the National Moot Court Competition of the Black Law Students Association held in New York. More...

Read More In the News 

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