Practice Areas
Commercial Litigation
The firm is proficient in litigating a wide variety of business disputes including those related to (1) business interference, fraud/deception, unfair competition, Lanham Act violations, breach of contract, etc; (2) disputes between physicians and hospitals/medical clinics/medical groups (the firm represents physicians only) including Stark Law litigation (3) encroachment by a municipality into the protected territory of federally indepted rural water districts, (4) patent and copyright litigation.
Health Law
Stark Law compliance / Anti-Kickback Law
The firm provides legal counsel to physicians in the areas of business disputes/litigation (disputes between a physician and a physician group, disputes between a physician and hospital, etc.), representation of physicians in peer review proceedings (under federal and state law), employment contract review and negotiations, Stark Law compliance, Anti-Kickback law compliance, non-competition (covenant not to compete) restrictions on a physician’s medical practice (enforcement and defense), and tort litigation associated with interference with the medical practice of a physician/unfair competition. (Because the firm emphasizes representation of physicians, the firm does not provide legal representation to hospitals.)
Business Torts
Statutory Violation Enforcement Litigation
Our clients consult us regarding a wide variety of business torts such as unfair competition – unfair trade practices, patent infringement, copyright infringement, business defamation and disparagement, intentional interference with contractual relations, breach of fiduciary duty, conflict of interest, commercial fraud, negligent misrepresentation, deceit, trademark infringement, usurpation of corporate opportunity by insiders, derivative stockholder litigation, misappropriation of proprietary corporate information (processes, data, business opportunities, trade secrets), civil conspiracy, enforcement and defense of non-competition agreements, violation of statutes, including antitrust and securities violations, and
all forms of breach of contract.
The firm obtained a $12.8 million judgment for Bankers Trust Co. of New York following a jury verdict in a Federal Court petroleum engineering malpractice/negligent misrepresentation suit. Lead Counsel: Steven M. Harris. Case was affirmed on appeal. Bankers Trust Company vs. L. K. & Associates, Inc. 20 F.3d 1092
The firm obtained a verdict following non-jury trial in Federal Court, for the return of $9 million of negotiable securities and the return of over $650,000 in cash on deposit, together with a separate judgment for over $400,000 against the defendant. Lead counsel: Steven M. Harris. Trippet et al v EnviroMint Corporation, Federal District Court – Northern District of Oklahoma. Affirmed on Appeal to the 10th Circuit.
The firm successfully completed litigation, judgment and subsequent settlement on behalf of various Budget Rent-A-Car franchisees regarding claims against the franchisor Budget Rent-A-Car Corporation.
The firm obtained a verdict following jury trial in State District Court, for $4.3 million, resulting from a breach of a long term natural gas supply contract to an Oklahoma fertilizer plant. Lead Counsel: Steven M. Harris and Randal Duncan (Case was resolved before post-trial motions were decided.) Mid-America Fuel Company v Wil-Gro Fertilizer Corporation et al
The firm obtained a permanent injunction in Federal Court for a world-wide manufacturer and distributor of petroleum valves and pumps, against a competitor who was engaged in distribution of false and misleading advertising and specifications for a competing line of valves and pumps. (Lanham Act violations) The competitor was ordered to mail corrective notices to prior customers and sub-distributors.
Title 7
United States Code – Section 1926(b) Enforcement
The firm represents federally indebted rural water districts regarding enforcement of their rights of exclusivity within their service areas, to be free from encroachment and competition for water sales from neighboring municipalities.
The firm successfully completed negotiations and obtained settlements for an agency of the State of Oklahoma (rural water district) resulting from suits commenced against two municipalities, for violations of Title 7, Section 1926(b) United States Code. Under the settlement the municipalities are required to pay monthly installments for 20 years. The settlement sum is adjusted based on the volume of utility service to the applicable region. The firm completed negotiations and obtained a settlement from the City of Tulsa, for the payment of $500,000 and a 15 year water supply contract for the firm’s client – a rural water district. Lead counsel for water distict litigation: Steven M. Harris and Michael D. Davis
The firm successfully completed negotiations and obtained settlements for an agency of the State of Oklahoma (rural water district) resulting from suits commenced against two municipalities, for violations of Title 7, Section 1926(b) United States Code. Under the settlement the municipalities are required to pay monthly installments for 20 years. The settlement sum is adjusted based on the volume of utility service to the applicable region.
Professional Malpractice
Non-medical only. i.e. legal, engineering, accounting etc. – note: the firm does not accept medical malpractice cases.
We pursue claims in all forms of professional malpractice, (except the area of medical malpractice) including litigation against lawyers, accountants, engineers, architects, and other professionals.
Collection Law
Commercial Collection Services
We provide business and commercial collection services on hourly or contingency fee arrangements. The firm does not accept consumer collection matters.
The firm manages hundreds of commercial contract disputes annually. Douglas R. Haughey acts as lead counsel for the firm’s business or commercial collection practice.
Water Law
Water rights, appropriation, permitting, representation of rural water districts, etc.
The firm represents over 60 water districts/associations in multiple states providing legal representation in all areas of water law including protection of the service area/territorial boundaries of water districts/associations from municipal encroachment (7 United States Code, Section 1926(b) litigation in state and federal courts), appropriation of water, ownership of water, acquisition of water rights, and environmental compliance. The firm provides legal counsel for water district/association compliance with all state and federal laws including Open Meeting law, Open Record (Sunshine) law, Bidding Act compliance, etc. The firm is also recognized as approved Bond Counsel by the U.S. Department of Agriculture and frequently serves as local counsel relative to USDA loan transactions.
Appellate Practice
Federal Civil Appeals:
Sequoyah County Rural Water District No. 7 v. Town of Muldrow
1999 WestLaw 624568 (10th Cir. 1999)
Bankers Trust Co. v. L. K. & Associates, Inc.
20 F.3d 1092 (10th Cir. 1994)
Penteco Corp. Ltd. Partnership-1985A v. Union Gas System, Inc.
929 F.2d 1519 (10th Cir. 1991)
Cayman Exploration Corp. v. United Gas Pipe Line Co.
873 F.2d 1357 (10th Cir. 1989)
Business Interiors, Inc. v. Aetna Cas. and Sur. Co.
751 F.2d 361 (10th Cir. 1984)
Bill’s Coal Co., Inc. v. Board of Public Utilities of Springfield, Mo.
682 F.2d 883 (10th Cir. 1982)
State Civil Appeals:
Dominion Bank v. Masterson
928 P.2d 291 (Okl. 1996)
Nisson v. American Home Assur. Co.
917 P.2d 488 (Okl. 1996)
F.& M. Bank & Trust Co. v. Samara
909 P.2d 1198 (Okl. 1995)
Heter and Associates, Inc. v. Zandbergen
1995 WL 606639 (Okl. 1995)
Mid-America Fuel Co. v. Cherokee Acquisitions, Inc.
1995 WL 606643 (Okl. 1995)
Board of County Com’rs of Creek County v. Creek County Rural Water Dist. No.2
888 P.2d 540 (Okl. 1994)
Wynn v. Estate of Holmes
815 P.2d 1231 (Okl. 1991)
Valley Vista Development Corp., Inc. v. City of Broken Arrow
766 P.2d 344 (Okl. 1988)
Hicks v. Lloyd’s General Ins. Agency, Inc.
763 P.2d 85 (Okl. 1988)
Farmers State Bank in Afton v. Ballew
626 P.2d 337 (Okl. 1981)
Georgia-Pacific Corp. v. Lumber Products Co.
590 P.2d 661 (Okl. 1979)