Vol. 3 No. 51 | Dec. 20, 2023

Courts

No published opinions this week.

Dispositions Other than by Published Opinions

The Supreme Court of Oklahoma Court Calendar

The Supreme Court of Oklahoma is in session year round, unless otherwise noted. The Court regularly schedules conferences on Mondays and other days as needed.

Member Transitions

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Bar Center to Close for Christmas Holiday

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The Oklahoma Bar Center will close at noon on Friday, Dec. 22, and remain closed Monday, Dec. 25, and Tuesday, Dec. 26, in observance of the Christmas holiday.

"Congratulations on reaching that stellar settlement in your hard-fought litigation. Your client is relieved to have it all behind them and is looking forward to finally getting paid after all these years (and attorney fees). Then the call comes: 'I got some sort of notice in the mail about a bankruptcy. What does this mean? What about our settlement? Am I going to get paid?' Oftentimes (depending on, among other factors, the nature of the underlying claims in the lawsuit, the structure of the settlement and the amount of time between settlement payment and bankruptcy filing) that stellar settlement will be discharged, and the obligated party is now untethered from all payment obligations despite your masterfully drafted settlement agreement.

So what can we as litigators do to plan for the worst when negotiating settlements? This article is intended to help navigate and reduce potential risks associated with a subsequent unexpected bankruptcy filing."

"The extent to which taxes are dischargeable in bankruptcy is a matter of considerable confusion – not just with general practitioners but with bankruptcy lawyers alike. As bankruptcy Judge Dana Rasure noted a few years ago, 'The law concerning dischargeability of taxes and penalties is confusing at best, starting with the relevant statutes that are characterized by double and triple negative constructions and incorporate other statutes by reference.' Many believe taxes simply are not dischargeable under any circumstances. This used to be the case, but not anymore. The purpose of this article is to provide practitioners with a general overview of the basic rules concerning the treatment of taxes in bankruptcy."

The deadline to apply for the OBA Leadership Academy has been extended to Dec. 23. The next cohort will start in January 2024. The focus of this program is to equip participants with the skills and network connections to become leaders within the bar as well as our local communities. Participants learn about OBA governance, special considerations for attorneys in public service, networking skills and effective communication. All are encouraged to apply, but preference is given to members of the OBA Young Lawyers Division. Requirements for applicants are as follows:

  • Must be a member in good standing with the Oklahoma Bar Association
  • Must be able to attend all events
  • Applicants should demonstrate a commitment to the profession and community impact

Complete and return your application form to CLE@okbar.orgDon’t miss this opportunity to help shape the future of the Oklahoma bar!

"Businesses today find themselves in what seems to be a never-ending process of improving, upgrading and experimenting with changing their business operations. Many of these changes are spurred by technological advances. The internet changed the way many businesses operate. Historically speaking, not that long ago, businesses had no computers and employed many typists working on manual typewriters.

Law firms, like all other businesses, have had to change. We’ve moved from debating whether it is professional for a lawyer to have a computer on their desk to almost every lawyer having a computer on their desk that they use daily. And who knew how habit-forming mobile phones would quickly become?"

Don't miss out on these final CLE opportunities before your Dec. 31 MCLE deadline! Lenné Espenschied will present on grammar and writing errors, cyber age ethics and Mergers and Acquisitions basics for new transactional lawyers. Click the links below to register.

Tuesday, Dec. 26 | Noon | MCLE 1/0
The Dirty Dozen: The 12 Most Common Grammar and Writing Errors

Wednesday, Dec. 27 | Noon | MCLE 1.5/0
The Sneaky Dozen: 12 Subtle Grammar and Writing Errors

Thursday, Dec. 28 | Noon | MCLE 1Hr Ethics
Cyber Age Ethics for Transactional Lawyers

Friday, Dec. 29 | 9 a.m. | MCLE 3/0
On-Ramp: M&A Basics for New Transactional Lawyers

About the Speaker
Lenné Espenschied speaks nationally at continuing legal education seminars and provides private training at law firms and corporate legal departments. Her passion is helping lawyers acquire the skills they need to be more successful in transactional practice. She practiced law in Atlanta for 25 years and has had two books published by the American Bar Association: Contract Drafting: Powerful Prose in Transactional Practice (ABA Fundamentals, 3rd Ed.2019) and The Grammar and Writing Handbook for Lawyers (ABA Fundamentals, 2011). She received her J.D. from the University of Georgia School of Law, taught as a law school professor and is currently a contributing faculty member at West LegalEdcenter.

Featured CLE

By OBA MAP Director Jim Calloway

 

The challenge with becoming proficient at Microsoft Word is that once you learn the basics, you do not get better at using Word just from using it. Either training classes or a good amount of time invested with Help files, videos and other online resources is required to get better. Subscribing to Microsoft 365 also gives one access to a huge set of included tools, many of which are not used because of time constraints.

The ABA Legal Technology Resource Center has just posted "LTRC Roundtable Discussion: Microsoft 365" featuring 10 legal tech experts, including at least two people whose names should be familiar to you, giving their best tips on using Microsoft Word and the rest of the Microsoft 365 Suite. This turned out to be an excellent resource. We highly recommend you read this roundtable and share it with the staff in your law firm or agency.

The Oklahoma Bar Journal is a publication of the Oklahoma Bar Association. All rights reserved. Copyright© 2023 Oklahoma Bar Association. Statements or opinions expressed herein are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff. Although advertising copy is reviewed, no endorsement of any product or service offered by any advertisement is intended or implied by publication. Advertisers are solely responsible for the content of their ads, and the OBA reserves the right to edit or reject any advertising copy for any reason. Legal articles carried in The Oklahoma Bar Journal are selected by the Board of Editors. Information about submissions can be found at www.okbar.org.