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Latest News

John Browning Provides Historical Insight for the Oklahoma Bar

Spencer Fane attorney John Browning recently published two articles on historical topics in the Oklahoma Bar Journal.

John Watson Provides Insight Into Ozone Investigation in Colorado

Spencer Fane John Watson recently published an article featured in Law360 covering Colorado Ozone Regulations and a recent noncompliance claim.

Camber Jones Discusses Best Practices as Bankruptcy Matters Rise

Spencer Fane attorney Camber Jones recently published an article featured in The Missouri Banker, The Kansas Banker, and The Show-Me Banker discussing best practices for creditors as the industry is expecting a steady increase in bankruptcy filings due to the expiration of COVID-related debt relief.

Johnny Beech Honored as ‘Top Attorney’ in Oklahoma

Spencer Fane Spencer Fane attorney Johnny Beech was recently named to 405 Magazine’s “Top Attorneys” list for 2021. The list is compiled of Oklahoma-based attorneys who have been “recommended by their colleagues” in an online peer-review process.

Ayesha Mehdi Appointed to Two ABA Leadership Positions

Spencer Fane attorney Ayesha Mehdi was recently appointed as Chair of the Healthcare Fraud and Compliance group and the Vice Chair of Diversity and Inclusion at the American Bar Association (ABA).

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Latest Publications

Court Remands Mine’s ‘Synthetic Minor’ Air Permit for Findings on Whether Mine Intends to Comply With Operational Limits

The Minnesota Court of Appeals ruled this week that a mine’s “synthetic minor” air emissions permit failed to address contentions attributed to its parent company’s public securities filing that some said suggested the mine might not comply with the permit’s output restrictions.  The court ruled the Minnesota Pollution Control Agency (“MPCA”) must make additional factual findings to address those contentions and issue a revised decision to support its conclusion that PolyMet Mining Inc. (“PolyMet”) is anticipated to comply with the terms of its synthetic minor source permit.

Name, Image, and Likeness: What Colleges and Universities Need to Know

For years advocates for collegiate athletes’ rights have argued that there should be compensation allowed for their participation in intercollegiate athletics.  At the very least these advocates have insisted that the athletes should be able to benefit from the use of their name, image, and likeness (NIL).  In September 2019, California enacted the first law granting NIL rights to collegiate athletes with an effective date of July 1, 2021.  A month later the NCAA Board of Governors unanimously agreed it was time to address its NIL regulations. Subsequently, 27 states have joined in enacting NIL legislation, including 15 that have become effective since July 1.  The remaining dozen will become effective between now and 2023.  Three other states have pending bills with a similar focus.

United States Supreme Court Holds That Plaintiffs Must Suffer Concrete Harm to Sue in Federal Court

As part of the flurry of its end-of-term opinions, the U.S. Supreme Court recently issued its opinion in TransUnion LLC v. Ramirez, 594 U.S. ____ (2021) confirming that plaintiffs who have suffered no concrete harm have no standing to sue in federal court under Article III of the U.S. Constitution.  As Justice Kavanaugh succinctly put it in writing for the five justice majority, “No concrete harm, no standing.”

OSHA Implements COVID-19 Emergency Temporary Standard for Healthcare and Updates COVID-19 Guidance for all Employers

On June 10, 2021, the Occupational Safety and Health Administration (“OSHA”) announced an action OSHA has not taken in 38 years: issuing an Emergency Temporary Standard (“ETS”).  This ETS aims to protect “healthcare and healthcare support service workers from occupational exposure to COVID-19 in settings where people with COVID-19 are reasonably expected to be present.”  The ETS does not go into effect until publication in the Federal Register, which has not yet occurred but appears imminent (OSHA has submitted the ETS to the Office of the Federal Register for publication and codification in 29 CFR 1910 Subpart U).  The text of the ETS, as submitted to the Office of the Federal Register, is available here.  OSHA also launched a website with resources regarding the ETS.

Five Best Practices the White House Urges all Businesses to Take to Mitigate Risk of Ransomware Attacks

The threat of ransomware attacks against all American businesses is so great that on June 2, 2021, the White House issued a memo to all corporate executives and business leaders with the subject “What We Urge You To Do To Protect Against The Threat of Ransomware.” This is the first time such a memo has ever been issued. That is how serious the threat of ransomware attacks is to our nation.

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Latest Events

Student Discipline for Off-Campus Speech

Spencer Fane attorneys Joe Hatley and Madison Perry will present an upcoming webinar discussing the extent to which schools may discipline students for off-campus speech.

Stark and AKS: New and Improved?

Spencer Fane attorney Sean McKenna will co-present at an upcoming webinar, covering the Stark Law and the Anti-Kickback Statute (AKS) and best practices for compliance.

Texas Bar College 23rd Annual Summer School

Spencer Fane attorneys John Browning and Shawn Tuma recently presented at a Texas Bar College CLE conference, where they discussed cutting-edge technology law topics.

UT Law CLE’s First Friday Ethics

Spencer Fane attorney John Browning recently presented at a University of Texas (UT) School of Law webinar covering best practices for handling online criticism.

You Got Hacked, Now What?

Spencer Fane attorney Shawn Tuma will present at an upcoming webinar, covering the best practices for preparing and responding to a cyber attack.

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