Alerts

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 & Dunlevy in the News

Q&A with Sanford C. Coats: Federal Prosecutors Encouraged to Pursue Charges with the Longest Prison Time 
NewsOK - Sanford C. Coats, Co-Chair of Crowe & Dunlevy's Criminal Defense, Compliance and Investigations Practice Group, discusses the U.S. Attorney General's recently released Memorandum to the DOJ.  More...

Q&A with Karen S. Rieger: Proposed Medicaid Funding Program Carries Certain Advantages, Risks 
The Oklahoman - Karen S. Rieger, Chair of Crowe & Dunlevy's Healthcare  Practice Group, discusses how the proposed Medicaid funding program carries certain advantages and risks. More...

A Ride to Space May Be Closer (And Less Regulated) Than You Think 
NewsOK - Greg Luster, a member of Crowe & Dunlevy's Aviation and Commercial Space Practice Group, discusses the Oklahoma Air and Spaceport facility located in Burns Flat, Oklahoma.  More...

Q&A with Tim Sowecke: Business Owners, Clients Can Take Steps to Ensure Ideal Outcomes During Construction Projects 
NewsOK -  Tim Sowecke, an associate in the Oklahoma City office of Crowe & Dunlevy discusses how business owners and clients can take steps to ensure ideal outcomes during construction projects.  More...

Random Immigration Audits Necessitate Advance Self Inspections by Prudent Employers 
NewsOK - Mary Snyder, a member of Crowe & Dunlevy's Labor & Employment Practice Group, talks about how prudent employers may want to self-inspect I-9 documents. Gore...

Supreme Court's Bankruptcy Decision Backs Priority Distributions 
Tulsa World - Michael Pacewicz, a Crowe & Dunlevy attorney and member of the firm's Bankruptcy & Creditor's Rights Practice Group, discusses the Supreme Court's recent bankruptcy decision which backs priority distributions. More....

Jay Shanker Joins Crowe & Dunlevy
Crowe & Dunlevy - Crowe & Dunlevy recently announced the addition of Jay Shanker as attorney in the firm's Oklahoma City office. With more than 35 years of experience in entertainment and new media law, Shanker will lead the firm's Entertainment Practice Group. More...

OU Law Students Receive $10,000 Scholarship Commitments from Crowe & Dunlevy
 Crowe & Dunlevy - University of Oklahoma College of Law students Matthew Acosta and Micah Mahdi recently received $10,000 scholarship commitments from Crowe & Dunlevy. More...

TU Law Student Receives $10,000 Crowe & Dunlevy Scholarship Commitment
Crowe & Dunlevy - Crowe & Dunlevy recently presented first-year University of Tulsa College of Law student Robert McClendon with the firm's Diversity Scholars Program scholarship.  More...

Program Seeks to Help Health Providers Avoid Substance Abuse 
Journal Record - Healthcare attorney  Elizabeth Scott discusses how physicians aren't immune to pressure from work, family stress and the world in general and if a health care provider is struggling with alcohol or substance abuse, the best thing to do is tell the state's medical license board. More…

Regulatory Agenda at EPA Attracts Legal Attention 
Newsok - Energy, Environmental & Natural Resources attorneys  LeAnne Burnett,   Don Shandy,  and  Erin Potter Sullenger comment on how the deregulatory agenda for energy and environmental rules by the Trump administration and the Environmental Protection Agency will likely end up in a familiar place: court.  More…

Caseload Booming at Oklahoma Innocence Project 
Journal Record - Criminal Defense, Compliance & Investigations attorney  Vicki Zemp Behenna,  managing the Oklahoma Innocence Project discusses how the caseload is booming at the Oklahoma Innocence Project.  More…

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