Alerts

Tenth Circuit: More Than Six Months of Leave Almost Never Required as a Reasonable Accommodation
For years employers have been searching for guidance on how much leave—after paid time off and FMLA leave are exhausted—must an employer provide as a reasonable accommodation before termination becomes an option. Earlier this summer, the U.S. Court of Appeals for the Tenth Circuit provided just the guidance employers yearned for when it decided Hwang v. Kansas State University.

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Pruitt v. Native Wholesale Supply: The End of the Road for the Latest Wave of Nation-to-Nation Cigarette Sales?
Earlier this month, the Oklahoma Supreme Court decided what may well be the last case in a decade-old dispute regarding nation-to-nation tribal cigarette sales.

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Knowing Your Rights and Obligations When Interviewing with Investigators
Having a law enforcement officer or government investigator show up at your workplace to conduct interviews is an unnerving experience to say the least. However, should this happen, there are some rights you should be aware of before you are interviewed.

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Changes to COBRA Notices Required
In light of the Affordable Care Act’s (ACA) availability of healthcare coverage for employees who are losing job-based health coverage, the United States Department of Labor (DOL) issued revised models for general and election COBRA notices.

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Health Information Privacy Requirements Have Wide Reach
Most people are generally familiar with the sweeping health information privacy requirements that were implemented about a decade ago. The requirements, often called “HIPAA” requirements in reference to the law that authorized them, assure patients certain access and privacy rights in connection with their sensitive health information.

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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
In the past several decades, Indian law cases generally have not gone well for tribes before the Supreme Court. However, in Michigan v. Bay Mills Indian Community, decided on May 27, 2014, Justice Kagan writing for a 5-4 majority handed Indian country a rare and monumental win.

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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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Time to Review Security Systems and Procedures
Recently the Chickasaw Nation's Winstar Hotel was robbed at gunpoint. This serves as a good reminder for businesses to review security systems and procedures for the safety of guests and employees.

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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 White Collar, 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 attorneys Karen S. Rieger and Cori H. Loomis outline these revisions and discuss action items in this advisory.

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Affordable Care Act Implementation Series - Advisory 5
In some cases, qualified health plans offering coverage through the ACA's insurance exchanges must provide a grace period of three consecutive months to enrollees. Cori H. Loomis, a healthcare attorney at Crowe & Dunlevy, discusses such cases and the unpaid claims for which providers could, potentially, be on the hook.

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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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Affordable Care Act Implementation Series - Advisory 4
In the fourth advisory of the ACA implementation series, Cori H. Loomis, a healthcare attorney at Crowe & Dunlevy, defines the PCORI fee and outlines who is responsible for paying it.

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Affordable Care Act Implementation Series - Advisory 3
Cori H. Loomis, a Healthcare attorney with Crowe & Dunlevy, discusses out-of-network charges, minimum values and maximum cost-sharing calculations in this advisory.

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Affordable Care Act Implementation Series - Advisory 2
In this advisory, Crowe & Dunlevy Healthcare attorney, Cori H. Loomis, discusses FMLA issues including determination of full-time employment and whether an employer can discontinue coverage if an employee on FMLA stops making payments.

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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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Legal Alerts: Five Pilot/Flying J Employees Plead Guilty to Diesel Fuel Rebate Scheme
William H. Hoch, an attorney from Crowe & Dunlevy's Litigation practice, discusses this diesel fuel rebate scheme and outlines steps to prevent becoming a victim.

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Facilitating Care Coordination Through Health Information Exchanges
Crowe & Dunlevy Healthcare attorneys Kevin D. Gordon and Cori H. Loomis were recently asked by the Oklahoma State Department of Mental Health and Substance Abuse Services to write a document to help educate behavioral health care providers regarding the extent to which such providers can exchange behavioral health information through a health information exchange ("HIE"). In this advisory, they share the questions and answers they provided.

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Affordable Care Act Implementation Series - Advisory 1
As the implementation date for the "play or pay" mandate draws closer, Crowe & Dunlevy attorneys are answering frequently asked questions regarding the implementation of the ACA in a series of advisories. In the first advisory of this series, Cori H. Loomis discusses whether employees who are offered health coverage by their employers are eligible for tax credits and subsidies if they purchase insurance through an exchange.

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Fifty Shades of Regulation: A Survey of Internet Gaming Issues in Indian Country and a Framework for Future Development.
D. Michael McBride, an attorney from Crowe & Dunlevy's Indian Law and Gaming practice, discusses strategies for iGaming regulation in Indian country.

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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 White Collar, 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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OIG Issues Special Fraud Alert on Physician-Owned Distributorships
Cori Loomis, an attorney in Crowe & Dunlevy's Healthcare practice, provides analysis of the Office of Inspector General's recent Special Fraud Alert, which pertains to physician-owned distributorships.

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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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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 White Collar, Compliance & Investigations practice discuss significant Foreign Corrupt Practices Act enforcement actions taken during the third quarter of 2012.

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Crowe & Dunlevy in the News

Crowe & Dunlevy Elected as General Counsel for Comanche Nation of Oklahoma
Crowe & Dunlevy - Crowe & Dunlevy was recently elected as the Comanche Nation of Oklahoma’s general counsel for the third year. Read more…

Supreme Court's Technology Decision Could Affect Cloud Computing
The Oklahoman - Crowe & Dunlevy attorney and member of the Intellectual Property practice group, Drew Palmer, discusses the impact of American Broadcasting Cos. Inc. v. Aereo case on consumers’ use of streaming technologies and cloud computing. Read more…

Gavel to Gavel: Arbitration or Litigation?
The Journal Record - Crowe & Dunlevy attorney and co-chair of the Real Estate practice group, Michael Laird, speaks about things to consider when selecting a remedial process. Read more…

Labor Department May Extend Spouse Benefits to Same-Sex Marriages Under FMLA
The Oklahoman - Crowe & Dunlevy attorney and member of the Labor & Employment practice group, Michael Pacewicz, discusses a pending Labor Department rule that would extend benefits under the Family Medical Leave Act to spouses in same-sex marriages. Read more…

Employers Partly Responsible for Texting Drivers, OSHA Says
The Oklahoman - Crowe & Dunlevy attorney and co-chair of the Labor & Employment practice group, Adam Childers, discusses employers’ responsibilities involving texting and driving. Read more…

Crowe & Dunlevy Attorney Named Delegate for American Bar Association
Crowe & Dunlevy - Crowe & Dunlevy attorney and chair of the Bankruptcy & Creditor's Rights practice group, Will Hoch, has been selected by the Oklahoma County Bar Association to serve as a member of the House of Delegates of the American Bar Association. Hoch will serve as one of 72 Oklahoma delegates beginning later this year. Read more…

Federal Action- A Conversation with Interior Assistant Secretary Kevin Washburn
Global Gaming Business - Crowe & Dunlevy attorney and chair of the Indian Law & Gaming practice group, Mike McBride III, speaks about Interior Assistant Secretary Kevin Washburn's administration. Read more…

Warrants Necessary to Search Cellphones
The Oklahoman - Crowe & Dunlevy attorney and member of the White Collar, Compliance & Investigations practice group, Thomas Snyder, discusses a recent U.S. Supreme Court ruling regarding cellphone searches. Read more…

Issue of Sexual Harassment Poses Challenge For Employers
The Oklahoman - Crowe & Dunlevy attorney and member of the Labor & Employment practice group, Daniel Johnson, discusses how employers should handle reports of alleged sexual harassment. Read more…

What's Next? Oklahoma Employers Cite Hobby Lobby Decision in Their Own Lawsuits
The Oklahoman - Crowe & Dunlevy attorney and president of the firm, Kevin Gordon, discusses why the Hobby Lobby ruling could have much broader legal consequences. Read more…

SEC Guidelines Regulate Testimonials Via Social Media
Crowe & Dunlevy - Crowe & Dunlevy attorney and member of the Securities Litigation practice group, Tara LaClair, discusses recently published guideline involving social media and investments. Read more…

 

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