Fleeson Gooing News
The Computer Fraud and Abuse Act (CFAA),18 U.S.C. § 1030, is a federal “anti-hacking” statute. While it is primarily a criminal law, a 1994 amendment allows civil actions to be brought by private litigants.
Violations can be committed by either an outside intruder who is not authorized to access the protected … Read Article
The following article originally appeared in newsletter of the Kansas Bar Association Real Estate, Probate and Trust Law Section. It is reprinted here by permission. By Kent MeyerhoffFleeson, Gooing, Coulson & Kitch, L.L.C.
STATUTORY AND REGULATORY DEVELOPMENTS, AND IRS RULINGS
1. IRS Issues Final Regul… Read Article
The following article, authored by Fleeson Gooing paralegal Cheryl L. Clark, was originally published in the Journal of the Kansas Bar Association.
This article, authored by Fleeson Gooing attorney Sam Foreman, first appeared in the Tech Bytes feature of The Wichita Eagle.
A brief overview of what’s happening in Wichita’s technology community, what’s coming up, and how to stay informed and connected.
WSU Cybersecurity: WSU is launc… Read Article
By Samuel R. Foreman
Website and mobile app operators need to take note of an important legal change that affects their potential liability arising from user-posted content. In some circumstances, a website operator may be liable if a user posts content that infringes on someone else's copyright—for example, pictures or … Read Article
By T. Chet Compton
For many years, employers have not been required to pay overtime to certain executive, administrative, and professional (“white collar”) employees because those employees have been treated as exempt from the overtime pay requirements of the federal Fair Labor Standards Act (“FLSA”). I… Read Article
By Brooks Severson
When a person dies as the result of someone else’s negligence, the decedent’s legal heirs, as well as the personal representative (executor or administrator) of the decedent’s estate, may be able to sue for damages.
The first step in determining whether a claim is available is to analyze l… Read Article
This article, authored by Fleeson Gooing paralegal Cheryl Clark, originally appeared in the May 2016 edition of the Journal of the Kansas Bar Association. It is reprinted here by permission.
As technology innovations continue to permeate the legal profession, paralegals have realized tremendous opportunities to develop the sk… Read Article
By Dave Seely
Royalty owners are sometimes surprised to learn that an oil or gas well for which they have been receiving royalty payments has ceased producing oil or gas. Sometimes that discovery is made out in the field, by seeing a pump jack sitting motionless, an oil tank whose level does not change, or a gas meter that no … Read Article
The following article originally appeared in newsletter of the Kansas Bar Association Real Estate, Probate and Trust Law Section. It is reprinted here by permission.
By Mike Cannady
Steinberg v. Commissioner, 145 T.C. No. 7 (Tax Ct. Sept. 16, 2015) — Assumption of Liability Reduces Value of Gift to Donees
In … Read Article
By Dan Lawrence
In the relationship between the owners of oil and gas and the operators who explore for, develop, produce and sell those minerals, there are few issues that cause more heartburn and strife than the calculation of royalty payments. Mineral owners receive royalty payments accompanied by paperwork from the produc… Read Article
[caption id="attachment_4234" align="aligncenter" width="410"] Fleeson Gooing attorney Lyndon Vix argues for the release of probable cause affidavits in Reno County District Court.[/caption]
By Lyndon W. Vix
In 2014, the Kansas Legislature enacted a new statute allowing greater public access to the probable cause affidavits t… Read Article
By Lyndon Vix
A new rule enacted by the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) changes the reporting requirements for employers who have employees killed or injured on the job.
The new rule, which takes effect January 1, 2015, requires employers to notify OSHA within eight (8) hours … Read Article
The following article originally appeared in the Fall 2014 newsletter of the Kansas Bar Association Real Estate, Probate and Trust Law Section. It is reprinted here by permission.
By Mike Cannady
RECENT STATUTORY DEVELOPMENTS
SPENDTHRIFT PROVISIONS IN KANSAS UNIFORM TRUST CODE AMENDED
K.S.A. 58a-502 was amended effec… Read Article
The following article originally appeared in the Summer 2014 newsletter of the Kansas Bar Association Real Estate, Probate and Trust Law Section. It is reprinted here by permission.
By Linda K. Constable
RECENT STATUTORY DEVELOPMENTS
ADMINISTRATION'S 2015 BUDGET AND TREASURY EXPLANATION
The Administration's 2015 Bud… Read Article
By Ryan K. Meyer
Rule 45 of the Federal Rules of Civil Procedure addresses the ability of federal court litigants to obtain relevant information from individuals or entities that are not parties to the litigation. This generally involves the issuance of a subpoena directing the recipient to appear to testify and/or to produce … Read Article
By Ali Marchant
Kansas courts have consistently interpreted the Kansas Restraint of Trade Act (KRTA), K.S.A. 50-101 et seq., in a manner consistent with federal antitrust law, which applies a “rule of reason” to determine whether a restraint against trade is reasonable, and as a result, legal. In relation to non-compete ag… Read Article
Eminent domain is the right of a government entity or other lawfully designated authority (such as a utility company or pipeline) to take private property for public use without the consent of the owner of the property. The government entity or company is known as the "condemning authority" in eminent domain/condemnation law.
… Read Article
By Ron Campbell
It is not uncommon for an employment agreement to include a provision prohibiting an employee from competing with his or her employer upon termination of employment. These provisions are generally enforceable under Kansas law. It is longstanding Kansas public policy that freedom of contract is not to be interfe… Read Article
By Brooks Severson
In late 2010, the Kansas Supreme Court formed a Blue Ribbon Commission to evaluate and make recommendations regarding the operations of the Kansas court system. The Court appointed Court of Appeals Judge Patrick D. McAnany to chair the Commission and then proceeded to appoint 23 additional members of varied … Read Article