Brooks Richardson

Oklahoma Corporation Commissioner Todd Hiett faces calls for resignation as state lawmakers, including Reps. Kevin West and Tom Gann, consider a writ of prohibition due to concerns about his impartiality in cases involving Oklahoma Natural Gas. Story by: Jeff Elkins #OklahomaPolitics #ToddHiett #OCC #GovernmentAccountability #EnergyRegulation #PublicUtilities #LegalNews

1

Louisiana addresses Tyler v. Hennepin County | By NTLA State Action Group Leader Stephen Morel of JurisDeed In Louisiana, two competing bills are attempting to overhaul the State’s tax sale system. Both advocate for changing from a bid-down ownership lien auction to a bid-up premium, and a subsequent post-redemptive period, judicial lien-foreclosure process similar to Florida’s, and a processes that preserves surplus equity and homeowner rights to recover it, within limits.   However, a notable distinction of Senate Bill 505, championed by the Louisiana Land Title Association, and currently the leading version in the Senate, proposes a floating redemption period ending, similar to what’s used for mortgage foreclosures where the end is triggered by the earlier to occur of the filing of an action by the foreclosing lienholder after a different minimum passage of time or some much longer period (essentially a statute of limitations to foreclose), but also where, notwithstanding, the debtor can stop foreclosure with full payoff made a moment before the gavel drops to conclude the auction sale of the property. Details on this bill can be found here (https://lnkd.in/erPbR7mY), and it is scheduled for a hearing before the Ways and Means Committee today, with the lobbyist-supported U.S. Assets group planning to oppose it.    On the other hand, House Bill 871, sponsored by U.S. Assets and prevailing in the House, advocates for far fewer changes to the current system, leaning on time-tested, judiciary-approved elements such as the adequacy of private, notification efforts to terminate rights of interest-holders (in force since 2009), and having a strict duration for redemption, after which anyone seeking a redemption would need to bid at the deed auction to do so. A hearing date on the House bill is not yet set, but full details of the bill are available here (https://lnkd.in/eazxbY_a).   

6

We look forward to having John Thomas Malatesta speak on how to protect your company against cyber attacks at UT Law CLE's 46th Annual Corporate Counsel Institute. Learn about ways to further protect your company before and after a security incident: https://lnkd.in/gfBBY58t. #cybersecurity #corporatecounsel #inhousecounsel

16

Don't Get Caught Off Guard: New Amendment Requires Expert Challenges 60 Days Before Trial In a significant shift for Louisiana litigators, the 2024 legislative amendment to Article 1425(F) of the Louisiana Code of Civil Procedure now requires that any challenges to an expert's qualifications or methodologies be filed at least sixty days before trial. This change encourages thorough preparation and early resolution of potential disputes, allowing all parties—and the court—ample time to consider the validity of expert testimony before trial. In this article, Zachary Howser outlines how this amendment aims to streamline judicial proceedings and enhance the fairness of the process. https://lnkd.in/gUqdU3Qq

3

The Northern District of Texas has issued a nationwide ban on the FTC's noncompete rule, but this doesn't mean employers are off the hook. While federal enforcement is halted, state attorneys general are ramping up efforts under state UDAP statutes to target unfair labor practices, including noncompete agreements. Only 11 states lack specific noncompete legislation but still have common law protections and UDAP statutes, so employers should tread carefully and ensure compliance with state-specific noncompete laws to avoid hefty penalties and multistate investigations. #EmploymentLaw #StateRegulations #TroutmanPepper 🖊️ Ryan Strasser and Mackenzie Willow-Johnson 🔗 https://lnkd.in/gnvTWzyC

21

POST LEGISLATIVE SESSION UPDATE -- I've posted ad nauseum about the lack of a uniform e-filing and recordkeeping system throughout Louisiana's district courts. Well, hopefully, that won't be the case for much longer. Last week, Governor Landry signed House Bill 380 (becoming Act 694), which aims to establish a uniform electronic filing and recordkeeping system for all of the state district court clerks of court by January 1, 2026. Among other things, the bill amends La. Rev. Stat. § 13:754, La. Rev. Stat. § 13:850, and La. Code Civ. Proc. art. 253 in several respects to facilitate the end goal of a uniform statewide system, such as: - Requiring the Louisiana Clerks’ Remote Access Authority (LCRAA) to provide for infrastructure, governance, standard operating procedures, technology, maintenance, and training to support a statewide portal with a universal interface for secure remote access to records maintained by the clerks of court; - Requiring every clerk of court to submit information about electronic filing system capabilities and costs to LCRAA and, in turn, requiring LCRAA to compile and submit that information to the legislature no later than January 1, 2025; - Requiring every district court to have an electronic filing, recording, and remote access system in place through the statewide LCRAA portal by January 1, 2026; - Requiring all court filings by attorneys to be made electronically starting January 1, 2026; and - Sunsetting the use of fax-filing as a permissible filing method starting January 1, 2026. It's no secret that Louisiana has lagged behind in modernizing its court system. My colleagues from other states cannot believe that we still use fax machines to file court documents in 2024. Only time will tell how much progress is made toward the ultimate objective of this new legislation in the next year-and-a-half. I'll be closely monitoring this issue during that time and will share new developments along the way. https://lnkd.in/gK2dnPfX #LaLege #LouisianaLaw #Efiling #ModernizingLitigation #ModernizingCourts #CivilProcedure

44

9 Comments

Federman & Sherwood Investigates TriHealth for Data Breach   Oklahoma City, OK (November 20, 2024) – The law firm of Federman & Sherwood has initiated an investigation into TriHealth with respect to their recent data breach. On October 23, 2024, TriHealth learned that one of its vendors suffered a data security incident. The incident involved unauthorized access of historical electronic documents in storage related to care provided by For Women, before For Women joined TriHealth in January 2020. The incident did not involve TriHealth’s computer network and did not involve any records created after For Women joined TriHealth. Once TriHealth learned of the breach, TriHealth analyzed the contents of the files involved in the data security incident and found that they may have contained some personal information including the individuals name, address, date of birth, Social Security number, Claims information and clinical information, such as medical conditions, medications, lab results and other treatment information.   If you wish to discuss this action, obtain further information, and/or participate in this litigation, please contact Tiffany Peintner either by email at [email protected] or visit our firm’s website www.federmanlaw.com:   Tiffany Peintner FEDERMAN & SHERWOOD 10205 North Pennsylvania Avenue Oklahoma City, OK 73120

1

Great follow-up CLE to discuss the current and future state of non-competes and restrictive covenants for CLE credit.

1

👨‍⚖️ A Texas federal judge ruled that organizations suing to block the FTC Rule banning non-compete agreements nationwide will not have to comply with the rule until the litigation is resolved. 📺 Watch our video https://lnkd.in/dEy4iZjm to learn what this means for your business. 🆘 If you need help updating your noncompete and non-solicitation agreements in light of the FTC Rule and the NLRB’s actions, give us a call at 973.787.8442. #FTC #noncompete #nonsolicitation #hr #employers #gettingyoubacktobusiness #smallbusinessowners #Newjersey #Newyork #noncompeteagreements #nonsolicitationagreements #NLRB

3